MESCRU

2 definitions found across Law Mind sources

MESCRUAuthored
The Law Mind • 575 words
Definition
An Anglo-French legal term from early English law meaning suspected of crime, or guilty. Used in archaic pleading and procedural contexts to describe a person under suspicion of criminal conduct. The term appears in Britton, the late-thirteenth-century legal treatise written in Law French, and does not survive in any active modern legal usage.
Why It Matters in Research
MESCRU is a term a researcher will encounter only in sources of medieval English law, particularly treatises composed in Law French during the thirteenth and fourteenth centuries. Its appearance signals that the surrounding text is operating within the procedural and criminal law framework of early common law England, before English displaced Law French as the language of legal records and pleadings. Several research traps attach to this term. First, MESCRU sits close to other Law French words in manuscript sources, and misreading or mistranscription is common in printed reproductions of early treatises. Second, Burrill's entry clusters MESCRU with entries for MESE and the maxim Merx est quicquid vendi potest, reflecting the alphabetical compression typical of nineteenth-century dictionaries working from limited primary sources. A researcher must be careful not to conflate the surrounding entries. Third, the word does not appear in Black's Law Dictionary in its modern editions and is absent from most twentieth-century legal reference works, meaning a researcher who encounters it in a primary source and turns to a modern dictionary will find no help there. Burrill remains one of the few accessible secondary sources to record it. The term's significance in the Law Mind corpus is primarily paleographic and contextual: it marks a passage as belonging to the criminal procedure framework of early English law and helps date or situate a document within the Law French period of English legal writing.
Historical Dictionary Support
Burrill's Law Dictionary is the principal secondary source recording MESCRU, citing Britton, chapter 1, section 4. Britton, compiled around 1290 and attributed to John le Breton, is one of the earliest systematic treatments of English criminal law and procedure, written entirely in Law French by royal command. The citation is credible and locates the term precisely within that tradition. Burrill's entry is brief and offers no elaboration beyond the gloss "suspected of crime; guilty," which itself suggests some ambiguity in the original usage — whether the term described mere suspicion or established guilt may have depended on procedural context within the source. No other historical dictionary in the standard reference shelf — not Jacob's Law Dictionary, not Tomlin's, not Bouvier's — appears to record this term, which underscores how narrowly it circulated even within the specialized vocabulary of Law French legal writing. The absence from Bouvier is particularly notable given Bouvier's effort at comprehensiveness. Researchers should treat Burrill's gloss as a starting point rather than a settled definition and verify usage directly against the Britton text where possible.
Jurisdictional Note
MESCRU is specific to early English common law. It has no recognized counterpart in American, Scottish, or continental legal systems and carries no jurisdictional weight outside historical English sources.
Related Terms
MESE — adjacent entry in Burrill; an unrelated Law French term for a house BRITTON — the primary source text in which MESCRU appears LAW FRENCH — the linguistic register of which MESCRU is a specimen SUSPICION — the modern functional concept most closely approximating one sense of the term GUILT — the modern functional concept approximating the other sense
MESCRUmain
Burrill's Law Dictionary • 1870
L. Fr. Suspected of crime; guilty. Britt. c. 1, 4. MESE, Mees, Meas. L. Fr. In old Merx est quicquid vendi potest. Merchandize is whatever can be sold. Every personal thing for which merchants traffic may be called merchandize. Com. 355. 3 Wooddes. Lect. 263. Wilde, J. 3 MetEnglish law. A house. Litt. sect. 69, calf's R. 365, 367. The broad terms of 71, 701. Derived by Spelman, with the this maxim are qualified by the following. L. Lat. messuagium, from the O. Lat. Spelman, voc. Mansus. Mercis appellatio ad res mobiles tantum massa, another form of mansa or mansus. pertinet. The term merchandize belongs to moveable things only. Dig. 50. 16. 66. Mercis appellatione homines non contineri. Men are not included under the denomination of merchandize. Dig. 50. 16. 207. Man is never comprehended under the name of merchandize. Emer. Tr. des Ass. ch. 8, sect. 4. MERYM, Merime, Merisme, Maerisme, Merrien, Merin. L. Fr. Timber. Kelham. MES, Meas, Mas. L. Fr. But. Britt. passim. Litt. passim. Kelham. Mes vide; but see. T. Raym. 11. Mes adjornat; but it is adjourned. Id. 201, 208.

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