EXTENSIO

2 definitions found across Law Mind sources

EXTENSIOAuthored
The Law Mind • 682 words
Definition
Extensio is a Latin term from old English law denoting an extent — that is, a writ of execution by which a creditor was empowered to take possession of a debtor's lands and hold them at an appraised value until the debt was satisfied from the profits. The term is effectively the Latin nominal form of the verb extendere (to extend, to stretch out, or to value), and it appears in medieval legal records and treatises as a synonym for the more familiar English term "extent." In practice, extensio and extent refer to the same procedural instrument: the seizure and valuation of a debtor's property, typically land, as a mechanism of debt enforcement available to crown creditors and, later, to private creditors under statute.
Common Confusion
Extensio is sometimes encountered alongside extendi facias, the writ commanding the sheriff to make the extent. The terms are related but distinct: extensio names the resulting legal act or the extent itself, while extendi facias is the writ initiating it. Researchers encountering either term in medieval or early modern records should recognize that both belong to the same procedural cluster but occupy different positions within it.
Why It Matters in Research
Extensio is a term of art encountered almost exclusively in medieval and early modern English legal sources — Latin pleadings, pipe rolls, close rolls, and treatises such as Fleta. It does not survive into modern legal usage; by the time English law was systematized in the nineteenth century, the Latin form had been fully displaced by "extent" in professional writing and "writ of extent" in statutory and procedural texts. Researchers working in pre-modern sources should be aware of two traps. First, because extensio is a direct Latin equivalent of the English "extent," it is easy to treat the two as perfectly interchangeable in all contexts — but in strictly Latin documents, extensio will appear where "extent" would appear in English documents, and the procedural meaning is identical. Second, extensio should not be confused with general uses of the Latin word extensio in non-legal contexts (where it simply means extension or stretching), which can appear in ecclesiastical, philosophical, or scientific manuscripts of the same era. Context will almost always resolve the ambiguity, but researchers conducting keyword searches in digitized manuscript corpora should filter accordingly. The term connects within the Law Mind corpus to the broader subject of debt enforcement in English common law, the history of the writ system, and the rights of the Crown as a preferred creditor — all areas where vocabulary shifts substantially between the Latin record-keeping era and the anglicized legal literature of the seventeenth century onward.
Historical Dictionary Support
Burrill's Law Dictionary provides the sole entry among the Law Mind shelf sources. Burrill identifies extensio as old English law Latin, translates it directly as "extent," and cites Fleta, book 5, chapter 9, section 4 as authority — a reference to the thirteenth-century English legal treatise that systematized procedure under Edward I. This is a characteristically spare Burrill entry: accurate, sourced, and offering little beyond identification and citation. No other Law Mind shelf dictionaries carry this term, which is unsurprising given that extensio had no meaningful life in English legal writing after the medieval period. The absence of the term from later dictionaries — including those of the nineteenth century — confirms it as a term of historical record rather than a term of living practice. Researchers should treat Burrill's entry as a pointer to the primary source literature rather than as a substantive treatment of the concept.
Jurisdictional Note
Extensio is a term specific to the English legal tradition and its Latin documentary record. It has no counterpart in Scots law or in the civil law systems of continental Europe, where debt enforcement developed along different procedural lines.
Encyclopedia Cross-Reference
See: EXTENT (Law Mind Encyclopedia) for the English-language treatment of the underlying legal remedy and its procedural history.
Related Terms
Extent | Extendi facias | Writ of extent | Extendere | Elegit | Levari facias | Crown debt | Execution (process)
EXTENSIOmain
Burrill's Law Dictionary • 1867
L. Lat. [from extendere, q. v.] In old English law. An extent. Fleta, lib. 5, c. 9, § 4.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In