GAILLE

2 definitions found across Law Mind sources

GAILLEAuthored
The Law Mind • 387 words
Definition
An archaic Law French spelling variant of "gaol" — the old English and French term for a jail or prison. GAILLE appears in early legal manuscripts and records as an alternate orthographic form, carrying the same meaning as gaol: a place of confinement for persons held under legal authority, whether awaiting trial, serving a sentence, or detained for other legal purposes. The term has no independent legal meaning distinct from gaol and is encountered only in historical sources.
Why It Matters in Research
GAILLE is a paleographic trap. Researchers working with medieval English legal records, Year Books, plea rolls, or early Law French materials may encounter this spelling and fail to recognize it as a form of gaol. Keyword and index searches using only "gaol" or "jail" will miss sources that employ GAILLE or other variant spellings. Law French orthography was unstable across copyists and centuries, producing a wide range of forms — GAOLE, GAOLLE, GAILE, GAILLE, and others — all pointing to the same concept. Awareness of this variability is essential when searching manuscript sources, calendars of patent rolls, or early printed abridgments. Cross-reference any findings under GAILLE against the main body of law governing gaol delivery, gaol fees, and the duties of gaolers, all of which are indexed in later sources under more standardized spellings.
Historical Dictionary Support
Burrill's Law Dictionary gives the entry its shortest possible treatment: GAILLE is identified as "an old form" of GAOLE, citing Kelham's dictionary of Norman French legal terms. This is consistent with how historical legal dictionaries handle orthographic variants — they note the form, point to the canonical entry, and move on. Kelham's Norman-French Dictionary (1779) is the appropriate primary source for tracing the range of Law French spellings in this family of terms. No historical dictionary assigns independent substantive content to GAILLE; its significance is entirely paleographic and indexing-related. Researchers should not expect doctrinal content under this headword in any source.
Related Terms
GAOL — the canonical term; see that entry for substantive law JAIL — the modern American English equivalent GAOL DELIVERY — the commission and court procedure for clearing prisoners awaiting trial GAOLER — the officer charged with custody of prisoners PRISON — broader term for places of confinement; distinct in some historical usages from gaol
GAILLEmain
Burrill's Law Dictionary • 1867
L. Fr. An old form Gaole, (q. v.) Kelham. of

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