NOSME

2 definitions found across Law Mind sources

NOSMEAuthored
The Law Mind • 565 words
Definition
An Old Law French term meaning "name." Appearing in medieval legal texts, *nosme* referred to a name in the context of formal legal identification — specifically, the names required to be stated in pleadings, writs, or other instruments to properly identify parties. The compound phrase *nosmes nomables* (names that should be named) referred to necessary or requisite names that had to be included for a legal document to be valid.
Common Language
Modern common usage (Wiktionary): Not a current English word; no entry. Historical common usage (Webster's 1913): Not listed; a Law French term without English adoption. The word is drawn directly from Old French and passed into medieval English legal usage without ever becoming part of ordinary English vocabulary. It survives only in the records of early common law procedure and in the legal dictionaries that preserve that era's terminology.
Why It Matters in Research
Researchers encountering *nosme* will find it almost exclusively in texts derived from Britton — the late thirteenth-century treatise on English law written in Law French — or in secondary sources commenting on that tradition. Its practical significance lies in understanding early pleading requirements: medieval common law demanded precise identification of parties by name, and a failure to supply required names (*nosmes nomables*) could be a ground of technical objection. When reading early English legal materials in Law French, the orthographic variation between *nosme*, *nom*, and *non* across manuscripts can cause confusion. Researchers should expect inconsistent spelling across editions and transcriptions of Britton and related texts. The distinction Burrill flags — between *nosmes nomables* and *surnosme* (surname) — is a narrow but genuine one. Britton uses these two terms in proximity, and Kelham's translation of *nosmes nomables* as "surnames" appears to be an error. Burrill's correction is worth noting for anyone relying on Kelham's glossary of Law French terms as a reference.
Historical Dictionary Support
Burrill is the primary shelf source for this term. His entry is terse: *nosme* means "name," and *nosmes nomables* means "names that should be named" or "necessary names," drawn from Britton, chapter 48. Burrill takes pains to note that Kelham's translation of *nosmes nomables* as "surnames" is incorrect — and that Britton himself uses the distinct term *surnosme* immediately after, confirming the two concepts were treated separately. No other major historical legal dictionaries (Jacob, Tomlin, Black's early editions) appear to carry this term, which reflects its status as archaic Law French rather than living legal vocabulary even by the time the great English legal dictionaries were compiled. Burrill's entry owes its existence to his unusually thorough coverage of Law French and Latin terms drawn from primary medieval sources.
Jurisdictional Note
This term has no jurisdictional relevance to modern legal systems. It is a term of historical English common law, preserved in the Law French literature of the thirteenth century, and carries no operative meaning in contemporary American, English, or Commonwealth practice.
Related Terms
Surnosme — Surname; the term Britton uses immediately after *nosme*confirming the distinction Nomen — Latin equivalent: nameas used in Roman and civil law traditions Misnomer — The modern common law doctrine addressing errors in a party's name in pleadings or instruments; the functional successor concern to the medieval rules around *nosmes nomables* Britton — The primary source text in which this term appears Law French — The linguistic register from which this term derives
NOSMEmain
Burrill's Law Dictionary • 1870
L. Fr. Name; a name. Nosmes nomables; names that should be named; necessary names. Britt. c. 48. Kelham translates this expression "surnames," but the word surnosme, (surname) is used by Britton immediately after.

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