INTROMITTERE

2 definitions found across Law Mind sources

INTROMITTEREAuthored
The Law Mind • 757 words
Definition
A Latin term from Roman and medieval law meaning to introduce, insert, or send into. In legal usage, the term most commonly appears in the reflexive construction *intromittere se* — to introduce or intermeddle oneself in a matter. In this sense, it denotes the act of a court, official, or party entering into or taking cognizance of a subject that may or may not fall within its proper jurisdiction. The phrase most frequently encountered in historical English legal sources is the negative: *curia regis se non intromittit* — the king's court does not intermeddle. This formula was used to demarcate jurisdictional boundaries, particularly to exclude the royal common law courts from matters reserved to ecclesiastical jurisdiction, such as testamentary causes and matrimonial disputes.
Common Confusion
*Intromittere* should not be confused with *intermeddling* in the modern tortious or equitable sense, though the underlying concept — one party inserting themselves into another's affairs — is related. In its historical legal usage, *intromittere* is primarily a jurisdictional term of art, describing what a court does or refuses to do with a class of cases, rather than describing wrongful conduct by a private party. Researchers conflating the two may misread historical pleadings or writs that invoke the formula as statements about private wrongdoing when they are, in fact, assertions about institutional competence.
Why It Matters in Research
This term is almost entirely a term of medieval and early modern English legal procedure and will not appear in modern statutory or case law without deliberate archaism or quotation. Researchers encountering it should treat it as a marker pointing to jurisdictional boundary disputes — most often between the royal common law courts and the ecclesiastical courts over probate and testamentary matters. The key research trap: the term appears in Latin maxims and in Bracton and similar treatises as a statement of settled doctrine, but the jurisdictional boundary it describes was contested and evolved over centuries. A formula like *de causa testamentaria curia regis se non intromittit* reflects a particular moment in the negotiation between secular and ecclesiastical authority, not a permanent or uncontested rule. Reading it as fixed law will produce anachronistic conclusions. When this term appears in corpus sources, it almost always signals proximity to discussions of concurrent jurisdiction, ecclesiastical court authority, or the limits of prerogative courts. It is also a practical pointer to Bracton's *De Legibus et Consuetudinibus Angliae* as the likely upstream source, meaning the surrounding text is probably working through Bractonian doctrine or citing it as authority. Researchers working in Scottish legal history should note that *intromission* — derived from the same root — survives as a live legal concept in Scots law governing the unauthorized management of another's property, especially a deceased's estate. The Scottish usage is substantively distinct from the English jurisdictional usage and should not be read back into English sources.
Historical Dictionary Support
Burrill's Law Dictionary provides the foundational entry, correctly identifying the Latin construction (*intra* + *mittere*) and the reflexive legal form *intromittere se*. The illustrative quotation — *de causa testamentaria curia regis se non intromittit* — is drawn from Bracton, folio 61, and accurately represents the classical statement of ecclesiastical court exclusivity over testamentary causes in medieval English law. Burrill does not develop the jurisdictional context beyond the single example, which understates the term's significance. The Bractonian formula was not merely a description of practice but a normative assertion that shaped centuries of pleading about subject-matter jurisdiction. Historical dictionaries generally treat *intromittere* as a Latin gloss rather than a term requiring analysis, which means the interpretive work falls to the researcher consulting Bracton directly and tracing how the maxim was deployed in subsequent legal argument. No major English-language legal dictionary of the modern era carries this term as a live entry, which itself tells the researcher something: the concept migrated into English as *intermeddling* and *intromission* (the latter surviving most robustly in Scots law), while the Latin formula became a quotation rather than a working term.
Jurisdictional Note
In Scottish law, *intromission* is a distinct and still-operative concept referring to unauthorized dealings with another's property, particularly the estate of a deceased person. Undue intromission can give rise to liability. This usage shares etymology but not legal content with the English jurisdictional formula, and the two should not be conflated in cross-jurisdictional research.
Related Terms
Intromission — Intermeddle — Ecclesiastical Jurisdiction — Testamentary Jurisdiction — Probate — Concurrent Jurisdiction — Bracton — Curia Regis — Non Intromittat
INTROMITTEREmain
Burrill's Law Dictionary • 1870
Lat. [from intra, within, and mittere, to send.] To introduce or let in. Intromittere se; to introduce or intrude one's self; to intermeddle with. De causa testamentaria curia regis se non intromittit; with a testamentary cause the king's court does not intermeddle. Bract. fol. 61.

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