DESCOULPE

2 definitions found across Law Mind sources

DESCOULPEAuthored
The Law Mind • 534 words
Definition
An Old French legal term meaning excused or exculpated — that is, cleared of a charge, fault, or imputation of wrongdoing. The term appears in the vocabulary of early Anglo-Norman legal practice, where Law French served as the working language of English courts and legal records. A party described as descoulpe had been formally acquitted of blame or liability, whether through pleading, proof, or judicial determination.
Common Language
No meaningful common-language gap exists. The term has no current ordinary English usage and is pure legal archaism with no modern vernacular counterpart.
Why It Matters in Research
Researchers working in early English legal manuscripts, Year Books, or plea rolls will encounter Law French vocabulary with no direct modern equivalent. Descoulpe belongs to this stratum. Its practical significance is narrow but real: in documentary sources from the Norman settlement of England through roughly the seventeenth century, when Law French remained in formal use, terms of acquittal and exculpation appear in forms that bear no resemblance to their modern English counterparts. A researcher who does not recognize descoulpe as a term of exculpation may misread a record as ambiguous or incomplete when it is in fact conclusive on the question of a party's liability. The term also illustrates a broader research trap: Law French exculpatory and excusatory vocabulary was not uniform. Related terms — culpable, escuse, and later purgation — appear in overlapping and sometimes inconsistent ways across different courts and periods. Descoulpe, as a past participial form, signals a completed state (already excused) rather than a process (being excused), and that distinction can matter when tracking procedural posture in historical records. Because Burrill cites Kelham as his authority, researchers following this term to its primary source will need Kelham's Glossary of Norman French (1779), which remains the foundational reference for Law French vocabulary in English legal history.
Historical Dictionary Support
Burrill's entry is minimal: "L. Fr. Excused; exculpated. Kelham." This is the full extent of the historical dictionary record for this term in the Law Mind corpus. Burrill does not elaborate on procedural context, frequency of use, or the courts in which the term appeared. He correctly identifies the term as Law French and correctly routes researchers to Kelham, the standard nineteenth-century authority on Norman French legal vocabulary. What the historical sources miss: neither Burrill nor the bare Kelham citation situates descoulpe within the procedural mechanics of early English pleading — whether it arose in connection with compurgation, trial by jury, wager of law, or some other form of proof. The term is preserved in the dictionaries as a vocabulary item, not as a functional legal concept with documented procedural history. Researchers seeking procedural context will need to go beyond the dictionary literature to Year Book scholarship and records scholarship on medieval English procedure.
Jurisdictional Note
The term is specific to the Law French tradition of English legal practice and has no recognized usage in civil law jurisdictions or in American legal materials. Researchers working in Scottish, Irish, or civilian contexts will not encounter it.
Related Terms
Exculpation Acquittal Purgation Compurgation Culpable Excuse (legal) Law French (as a research category) Pardon
DESCOULPEmain
Burrill's Law Dictionary • 1867
L. Fr. Excused; exculpated. Kelham.

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