INLAUGHE

4 definitions found across Law Mind sources

INLAUGHEAuthored
The Law Mind • 632 words
Definition
A term of Old English law, derived from the Saxon, meaning "under the law" (Latin: sub lege). It described a person who was within the protection and obligations of the law — specifically, one who was enrolled in a frank-pledge or decennary. To be inlaughe was to hold recognized legal standing in the community mutual-surety system: bound by its duties, entitled to its protections. The term is the counterpart to utlaghe (outlaw), which described a person cast outside the law's protection entirely.
Common Confusion
INLAUGHE / UTLAGHE: These terms form a binary. Inlaughe (in-law) denotes inclusion within the legal community; utlaghe (outlaw) denotes expulsion from it. The modern word "outlaw" descends directly from utlaghe. Researchers encountering inlaughe in medieval sources should read it against utlaghe — the two terms define each other, and the legal consequences of each status were mirror opposites. A person who was inlaughe could sue, hold property, and claim the king's peace; one who was utlaghe forfeited all of these.
Why It Matters in Research
Inlaughe appears almost exclusively in medieval English legal sources and is unlikely to arise outside of historical research into the frank-pledge system, Anglo-Saxon and early Norman law, or the legal concept of outlawry. Researchers should be aware of several navigational points: First, the term is effectively a terminus in modern legal usage. It has no living statutory or common-law application and will not appear in post-medieval case law. Its research value is confined to understanding early English legal community structure. Second, the Bracton citation (Bracton, De Legibus et Consuetudinibus Angliae, fol. 125b) is the anchor authority across all three source dictionaries. Researchers tracing the term should go directly to Bracton rather than relying on dictionary paraphrase, as the manuscript folio context provides the fuller picture of how legal standing within the decennary was conceived. Third, the frank-pledge system to which inlaughe belongs was a mechanism of collective surety: groups of men (the decennary, or tithing) were mutually responsible for one another's conduct and appearance before courts. Status as inlaughe was not merely descriptive — it carried real obligations and real entitlements within that system. Understanding the term requires understanding the institution. Fourth, spelling variation is significant in this term. Historical sources render it variously as inlaughe, in-laghe, inlaghe, and inlaghé. Corpus searches should account for these variants.
Historical Dictionary Support
All three source dictionaries — Black's (1st Ed.), Black's (2nd Ed.), and Burrill's — offer nearly identical entries: Saxon origin, Old English law, the gloss "under the law" (sub lege), and placement within the frank-pledge or decennary. The Bracton folio reference is consistent across all three, though with minor variation in folio notation (125b vs. 1256 vs. 1250, the latter two likely typographical renderings of 125b). None of the dictionaries elaborate on the practical legal consequences of inlaughe status or develop the contrast with utlaghe beyond implication. Burrill comes closest to useful context by consistently pairing Anglo-Saxon status terms in adjacent entries, which helps researchers reconstruct the conceptual framework. What the dictionaries collectively miss is the institutional mechanics: the frank-pledge system's operation, the role of the decennary in local governance, and the courts (leet jurisdiction) that enforced and recorded such status. Researchers needing that context must go beyond the dictionaries to Bracton directly and to scholarship on Anglo-Saxon and Norman legal institutions.
Jurisdictional Note
Inlaughe is specific to early English law and has no recognized equivalent or surviving application in any modern common-law jurisdiction. It is relevant only to historical legal research in the English tradition.
Related Terms
Utlaghe — Outlaw — Frank-pledge — Decennary — Tithing — Outlawry — Sub lege — Bracton — Waiver of the king's peace — Inlaw (modern survival of the concept)
INLAUGHEmain
Black's Law Dictionary • 1891
Sax. In old English law. Under the law, (sub lege,) in a frank-pledge, or decennary. Bract. fol. 1256.
INLAUGHEmain
Black's Law Dictionary (2nd Ed.) • 1910
Sax. In old English law. Under the law, (sub legé,) in a frank-pledge, or decennary. Bract. fol. 1250.
INLAUGHEmain
Burrill's Law Dictionary • 1870
Sax. In old English law. Under the law (sub lege,) in a frankpledge, or decennary. Bract. fol. 125 b.

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