ENGROSS — ENGROSSING

1 definition found across Law Mind sources

ENGROSS — ENGROSSINGAuthored
The Law Mind • 1090 words
Definition
**Engross** carries two distinct legal meanings that share only a common thread of thoroughness or totality. Researchers must identify which sense applies from context. **1. Documentary/Legislative Sense.** To engross a document is to prepare a clean, authoritative final copy of it — written (historically) in a large, clear hand on parchment or formal paper — for execution, authentication, or enrollment. In legislative practice, engrossing refers to the preparation of the official final text of a bill after it has passed through amendment and debate, ready for the final vote and, if passed, for enrollment. The engrossed bill is the authoritative text against which any enrolled version is compared. **2. Commercial/Trade Sense.** To engross commodities is to buy them up in bulk — to corner the market on a staple good — with the intent of reselling at an artificially elevated price. This was a serious common-law and statutory offense in English law, closely related to forestalling and regrating. ---
Common Language
**Modern common usage (Wiktionary):** To engross means to absorb someone's attention fully ("I was engrossed in the book") or, in a secondary sense, to write or copy in large, clear letters. **Historical common usage (Webster's 1913):** Webster's gives three senses: (1) to copy in a large, fair hand; (2) to seize in the gross, or to purchase large quantities so as to control a market; (3) to occupy wholly, to absorb. The gap matters for researchers. The dominant modern common meaning — total absorption of attention — is entirely absent from legal usage. Conversely, the commercial offense of engrossing (sense 2 above) is virtually unknown in ordinary modern speech, though it was once a prosecutable crime. Encountering "engrossing" in a historical legal text requires immediate context analysis to determine whether a scrivener or a monopolist is being discussed. ---
Common Confusion
**Engross, Enroll, and Enact** are frequently conflated in legislative context. In formal parliamentary procedure, these are sequential and distinct stages. A bill is first engrossed — prepared in final clean form after amendment — then, upon passage, enrolled — transcribed into the permanent record. Enactment occurs when the enrolled bill receives executive approval or passes over a veto. Some historical sources use "engross" and "enroll" interchangeably, particularly in colonial American records, which creates ambiguity in archival research. **Engrossing, Forestalling, and Regrating** are the three classic common-law market offenses that are routinely conflated. They are related but technically distinct: forestalling involved intercepting goods before they reached market; regrating involved buying and reselling in the same market; engrossing involved buying up large quantities to control supply. Historical indictments and treatises often list all three together, and the distinctions blurred over time before the offenses were largely abolished. ---
Recognized Forms
/SUBTYPES **Engrossing (Legislative):** The act or process by which a legislature's clerks prepare the official final text of a bill. Also refers to the officer who performs this function (an "engrossing clerk"). **Engrossing (Commercial Offense):** The common-law misdemeanor of buying up commodities in bulk to control market price. Codified and modified by various English statutes before eventual abolition. **Engrossed Bill:** The specific documentary artifact — the clean final copy of a bill bearing all amendments incorporated — that is voted on at final passage. ---
Why It Matters in Research
The documentary and commercial senses appear in entirely different areas of the Law Mind corpus, and misreading one for the other produces significant interpretive error. A reference to "engrossing" in a legislative manual, procedural record, or parliamentary treatise almost certainly invokes the scribal/documentary sense. A reference in a criminal indictment, market regulation statute, or treatise on trade offenses almost certainly invokes the commercial offense. **Historical sources caution:** Colonial American legislative records often lack the formal procedural vocabulary of Westminster practice. "Engrossed" in an early colonial journal may simply mean "written out cleanly" without implying the formal parliamentary stage the term later acquired. Do not import modern legislative procedure backward into these sources. **Abolition and survival:** The commercial offense of engrossing was abolished in England by statute in the nineteenth century. Researchers working in post-abolition sources will find the term appears primarily in historical discussion, not as a live charge. Pre-abolition sources, however, treat it as a serious public welfare offense. The policy rationale — protecting common people from artificially elevated prices on necessities — resonates with later antitrust and competition law, and some encyclopedia treatments draw this connection explicitly. **Corpus connections:** Legislative procedure entries in the Law Mind Encyclopedia treat the engrossment stage in detail. Entries on monopoly, forestalling, and restraint of trade provide the commercial law context. Researchers approaching either topic from historical angles will need both threads. ---
Historical Dictionary Support
Rapalje & Lawrence treat both senses clearly and give them roughly equal weight, reflecting the continued relevance of both in late nineteenth-century practice. Their commercial-offense definition tracks the classic English formulation: buying up large quantities of a commodity before it reaches market, to sell again at excessive profit. Their documentary definition is crisp: the preparation of a fair, official copy for execution or enrollment. What Rapalje & Lawrence do not address in depth is the procedural nuance distinguishing engrossment from enrollment in American legislative practice, which varied by state. Researchers should not rely on any single historical dictionary for the procedural rules of a specific legislature — those are governed by each chamber's standing rules and parliamentary manuals, not general legal dictionaries. No historical dictionary in the standard reference shelf fully captures the transitional moment when "engrossing" as a commercial offense moved from active prosecution to historical curiosity. The reader must track this through statutory history rather than dictionary authority. ---
Jurisdictional Note
In American legislative practice, the rules governing engrossment vary by chamber and by state. Federal practice assigns engrossment responsibility to the clerks of each house under their respective rules. Some state legislatures have merged engrossment and enrollment into a single step. When researching a specific legislative history, consult that body's procedural rules directly rather than generalizing from common-law or other jurisdictions' practice. ---
Encyclopedia Cross-Reference
Law Mind Encyclopedia — Legislative Process (engrossed bill, enrollment, stages of legislation) Law Mind Encyclopedia — Monopolies and Restraint of Trade (engrossing as commercial offense; forestalling; regrating) ---
Related Terms
Enroll — Enrollment — Engrossed Bill — Forestalling — Regrating — Monopoly — Bill (Legislative) — Legislative Process — Market Offense — Restraint of Trade — Scrivener — Parliamentary Procedure

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