MALECREDITUS

2 definitions found across Law Mind sources

MALECREDITUSAuthored
The Law Mind • 723 words
Definition
A Latin term from medieval legal Latin meaning "one of bad credit" or "one who is not to be trusted." In historical legal usage, *malecreditus* described a person whose reputation for honesty or reliability was sufficiently poor that their word, testimony, or dealings could not be accepted without heightened scrutiny or could be disqualified altogether. The term operated as a status designation rather than a cause of action — it was a characterization applied to a person, not a claim made against them. The term appears in Fleta, the thirteenth-century Latin legal treatise on English common law, in a passage addressing persons whose credibility was legally impaired.
Common Confusion
Rapalje & Lawrence appends a separate maxim — *Maledicta est expositio quae corrumpit textum* ("It is a bad exposition which corrupts the text") — immediately after the definition of *malecreditus*. These are unrelated entries. The maxim concerns statutory and textual interpretation: a construction of a legal text that destroys or distorts the plain meaning of the text is condemned as a bad exposition. Researchers encountering Rapalje & Lawrence should not read the two as connected in meaning. The proximity is an artifact of alphabetical organization, not legal relationship.
Why It Matters in Research
*Malecreditus* is a term encountered almost exclusively in medieval and early common law sources. Researchers will find it in Fleta and similar treatises from the formative period of English law, where Latin terminology carried formal legal weight that later disappeared as English courts shifted to vernacular pleading and recording. Several research traps apply: First, the term has no modern equivalent in Anglo-American law by this name. The underlying concept — that a person's credibility or trustworthiness could affect their legal standing — survives in doctrines of impeachment, competency of witnesses, and the historical treatment of infamous persons (those convicted of certain crimes) as incompetent to testify. Researchers tracing the history of witness competency or credibility rules should treat *malecreditus* as an early marker in that lineage, not as a freestanding doctrine with a continuous history. Second, because the term appears in Fleta — a treatise written circa 1290, heavily influenced by Bracton — researchers should be aware that Fleta's treatment of personal status and credibility reflects a feudal social order in which reputation and "credit" had both moral and legal dimensions that later law disaggregated. The term cannot be cleanly mapped onto any modern category. Third, the appended maxim *Maledicta est expositio quae corrumpit textum* (attributed in Rapalje & Lawrence to 4 Co. 35, meaning Coke's Reports) is a genuine and frequently cited canon of construction. Researchers pursuing that maxim should locate it independently under interpretive canons, not under *malecreditus*.
Historical Dictionary Support
Rapalje & Lawrence provides the only dictionary entry in the Law Mind corpus for this term, and its treatment is spare: a one-line definition and a citation to Fleta, Book 1, Chapter 38. No elaboration is offered on the legal consequences of the designation or how it was applied procedurally. The citation to Fleta is consistent with the term's medieval origins. Fleta is a secondary authority from the reign of Edward I, and its discussions of personal status and legal capacity reflect the hierarchical credibility assessments common to medieval legal systems — systems in which a person's social standing, infamy, or known dishonesty could formally affect their legal participation. Historical dictionaries do not offer a sustained treatment of *malecreditus* as a developed doctrine. Its appearance in Rapalje & Lawrence reads more as lexicographic completeness — capturing Latin terms a practitioner might encounter in old authorities — than as evidence that the term had operational significance in nineteenth-century American or English practice. Researchers should weight it accordingly: valuable for understanding historical sources, not indicative of any surviving legal rule.
Jurisdictional Note
*Malecreditus* as a formal legal designation has no recognized application in modern American, English, or Commonwealth jurisdictions. Its relevance is confined to historical English common law as expressed in medieval Latin treatises. Researchers working in civil law traditions may find analogous concepts in Roman law discussions of *infamia*, though the terms are distinct.
Related Terms
Infamia — Incompetency (witness) — Impeachment (of witness credibility) — Maledicta est expositio quae corrumpit textum — Fleta — Bracton — Witness competency — Bad character evidence — Person of ill fame
MALECREDITUSmain
Rapalje & Lawrence • 1883
- One of bad credit, who is not to be trusted. Fleta 1. 1, c. xxxviii. Maledicta est expositio quæ corrumpit textum (4 Co. 35): It is a bad exposition which corrupts the text.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In