NERE

4 definitions found across Law Mind sources

NEREAuthored
The Law Mind • 643 words
Definition
An obsolete term appearing in early English legal records and writs, used as a contracted or variant form occurring in writ contexts of the medieval period. The term is not an independent legal concept but appears as a fragment or abbreviation embedded in older writ formularies and plea records. Its appearance in legal sources is incidental — it surfaces within phrases rather than standing alone as a defined legal category. No modern legal meaning attaches to NERE as a standalone term. Its significance is entirely historical and paleographic: researchers encounter it in manuscript sources, early printed abridgments, and writ registers where archaic grammatical contractions were standard practice.
Common Language
Modern common usage (Wiktionary): No current standard English entry for "nere" as a standalone word. Historical common usage (Webster's 1913): "Were not." Marked as obsolete. Cited to Chaucer. The Webster's entry is the key to understanding this term's appearance in legal sources. "Nere" is an archaic negative past subjunctive form — meaning "were not" or "had it not been." When it appears in early English legal formularies, plea rolls, or writ language, it functions grammatically rather than as a term of art. Researchers who encounter it in a legal manuscript are reading a grammatical construction, not a defined legal concept.
Why It Matters in Research
The principal research risk with NERE is misclassification. A researcher working through early printed Black's editions, abridgments, or writ registers may encounter NERE within entries that are themselves fragmented — where a writ phrase has been excerpted mid-formula. The historical dictionary entries attached to this term illustrate exactly that problem: the surrounding text concerns unrelated writs (nuisance abatement, attorney admission, Roman law freedmen), and NERE appears as a contextual artifact of how early legal dictionaries were typeset and paginated, not as a term with its own entry. Researchers using Law Mind corpus sources should treat any standalone occurrence of NERE as a likely transcription fragment or pagination artifact. When encountered mid-sentence in a primary source, apply the Webster's 1913 gloss — "were not" — and read the surrounding writ language for sense. For corpus searching: do not use NERE as a search term to locate a discrete legal doctrine. If you are tracing writ language that includes it, search instead for the operative writ name (e.g., QUOD PERMITTAT for nuisance-abatement context, or the relevant Fitzherbert or Registrum Originale citation).
Historical Dictionary Support
Neither Black's Law Dictionary (1st Ed.) nor Black's Law Dictionary (2nd Ed.) contains a dedicated entry for NERE. The source material provided shows it appearing at the boundary of adjacent entries — specifically near entries for writs concerning nuisance abatement, parliamentary taxation sessions, and Roman-law freedman status. This placement reflects the columnar, alphabetically compressed layout of early Black's editions, where entry transitions could appear mid-sentence in print, and later digitization or indexing could surface mid-entry text as if it were a headword. The 2nd Edition material similarly shows no substantive NERE definition; the surrounding text concerns an ancient writ for admission of an attorney to defend another's liberty (drawn from the Registrum Originale), and freedman terminology from Roman law. Neither passage defines or uses NERE as a legal term. Historical dictionaries are silent on NERE as a legal concept because there is no legal concept to define. This is consistent with the Webster's 1913 treatment: the word was already marked obsolete by the nineteenth century and was never a term of legal art.
Related Terms
QUOD PERMITTAT (writ to abate a nuisance; the substantive writ near which NERE appears in source material) WRIT (general category; early English writ practice is the context in which archaic grammatical forms appear) REGISTRUM ORIGINALE (primary source for early English writ formularies) FITZHERBERT'S NATURA BREVIUM (abridgment source cited in adjacent dictionary text) OBSOLETE TERMS (methodological category for corpus researchers)
NEREmain
Black's Law Dictionary • 1891
That he permit to abate. In old practice. A writ, in the nature of a writ of right, which lay to abate a nuisance. 3 Bl. Comm. 221. QUOD REMEDIO, ETC. sessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat. Brev. 175. Obsolete. Quod populus postremum jussit, id jus ratum esto. What the people have last A enacted, let that be the established law. law of the Twelve Tables, the principle of which is still recognized. 1 Bl. Comm. 89. Quod primum est intentione ultimum est in operatione. That which is first in intention is last in operation. Bac. Max. Quod principi placuit legis habet vigo- rem. That which has pleased the prince has the force of law. The emperor's pleas- ure has the force of law. Dig. 1, 4, 1; Inst. 1, 2, 6. A celebrated maxim of imperial law. Quod prius est verius est; et quod prius est tempore potius est jure. Co. Litt. 347. What is first is true; and what is first in time is better in law. Quod pro minore licitum est et pro majore licitum est. 8 Coke, 43. That which is lawful as to the minor is lawful as to the major.
NEREmain
Black's Law Dictionary (2nd Ed.) • 1910
An ancient writ whereby the king commanded the justices in eyre to admit of an attorney for the defense of another’s liberty. Reg. Orig. 19. LIBERTI, LIBERTINI. Lat. In Roman law. Freedman. There seems to have been some difference in the use of these two words; the former denoting the manumitted slaves considered in their relations with their former master, who was now called their “patron;” the latter term describing the status of the same persons in the general social economy of Rome.
NEREn.
Websters Unabridged Dictionary (1913) • 1913
Were not. [Obs.] Chaucer.

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