FIERGES

2 definitions found across Law Mind sources

FIERGESAuthored
The Law Mind • 602 words
Definition
Fetters; irons. A Law French term denoting physical restraints — shackles or chains — used to confine prisoners or persons in legal custody. The term appears in the context of medieval English legal practice, where the physical condition and treatment of prisoners was a recognized subject of legal procedure and judicial inquiry.
Why It Matters in Research
FIERGES is a narrow, archaic Law French term unlikely to appear outside medieval or early modern English legal sources. Researchers encountering it should treat it as a descriptor of physical restraint rather than a procedural or doctrinal category in its own right. The term surfaces most naturally in sources touching on prison conditions, gaol delivery, and the obligations of jailers and sheriffs — areas where the law took notice of whether prisoners were held in irons. Historical records concerning abuse of prisoners, suits against gaolers, or inquiries into conditions of confinement may use FIERGES or its Latin and English equivalents without cross-referencing the term explicitly. Researchers working in those areas should be alert to synonym variation: the same concept appears in sources as "irons," "fetters," "bonds," "manacles," and the Latin compedes or vincula. Because FIERGES appears in Burrill only as a brief definitional stub — "Fetters; irons. Kelham." — it carries no extended legal doctrine of its own in the historical dictionary record. It is a vocabulary item rather than a term of art with contested meaning or procedural significance. Do not expect to find case law organized around the word itself; the legal substance lives under the related procedural and custodial concepts listed below. The Burrill entry's surrounding text references fieri facias and its procedural mechanics (3 Bl. Com. 417; 3 Steph. Com. 649; 2 Tidd's Pract. 993, 998), which reflects the structure of the original dictionary rather than any connection between FIERGES and fieri facias. Researchers should not infer a substantive link between the two.
Historical Dictionary Support
Burrill's Law Dictionary provides the sole available entry, citing Kelham's Law French dictionary as the source of the definition. The entry is complete at two words: "Fetters; irons." No elaboration on legal context, procedural usage, or doctrinal significance is offered. This brevity is itself informative — FIERGES was recorded as a vocabulary term, a translator's note on Law French usage, not as a legal concept requiring extended treatment. Kelham's Dictionary of the Norman or Old French Language (1779) is the underlying authority, and Burrill's citation practice here is consistent with his treatment of other Law French terms he understood to be purely lexical rather than jurisprudentially significant. No entry for FIERGES appears in Tomlin, Bouvier, Black, or the other standard historical dictionaries available in the Law Mind corpus. The term's absence from those works reinforces its character as an item of linguistic rather than doctrinal record.
Jurisdictional Note
FIERGES is historically specific to English legal sources drawing on the Law French vocabulary of medieval and early modern common law. It has no recognized usage in civil law, Scottish, or American legal traditions.
Related Terms
Fetters — English equivalentidentical meaning Irons — English equivalentidentical meaning Compedes — Latin equivalent (leg-ironsshackles) Vincula — Latin equivalent (bondschains) Gaol — the custodial context in which restraints were most frequently recorded Gaol delivery — procedural context where prisoner conditions were subject to legal scrutiny Mainprise — related concept of releasing a prisoner from physical restraint into personal surety Custody — parent concept governing legal confinement Mittimus — writ committing a person to custodyrelevant to the legal framework surrounding physical restraint
FIERGESmain
Burrill's Law Dictionary • 1867
L. Fr. Fetters; irons. Kelham. (that is, to obtain by a levy and sale of them,) the amount specified in the writ, and that he have it in court on the return day. 3 Bl. Com. 417. 3 Steph. Com. 649. 2 Tidd's Pract. 993, 998. **The name of this important writ is derived from its two emphatic words, as distinguished in the form given infra. Co. Litt. 290 b. 3 Bl. Com. 417. It is supposed by Mr. Reeves to have obtained both its name and existence from the words of the statute of Westminster 2, chap. 18; quod vicecomes fieri faciat de terris et catallis. 2 Reeves' Hist. Eng. Law, 187. The general opinion, however, has been that it was a common law execution. Id. ibid. note. 2 Tidd's Pr. 998. In modern English practice, the fi. fa. issues against goods and chattels only, and it seems to be supposed in the books that the ancient writ was restricted in the same way. See Fleta, lib. 2, c. 62, § 8. But the forms in the Register are all de terris et catallis, thus: Rex vic. salutem: Præcipimus tibi quod de terris et catallis T. de S. in balliva tua, FIERI FACIAS decem libras, et illas habeas coram justitiariis nostris apud W. in octavis Sancti Hilarii, ad reddendum T. de B. quæ ei in cadem curia nostra adjudicatæ fuerunt, pro damnis ipsius quæ habuit occasione cujusdam transgressionis, &c. Et habeas ibi tunc hoc breve. Teste, &c. Reg. Jud. 18 b. See Bract. fol. 312 b. In American practice, the fi. fa. is usually directed to be executed in the first instance against the goods and chattels of the party named, and failing those, against his real estate.

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