UNQUES

4 definitions found across Law Mind sources

UNQUESAuthored
The Law Mind • 533 words
Definition
A Law French adverb meaning "ever" or "always." Appears almost exclusively in compound pleading phrases rather than as a standalone term, most notably in the negative construction *ne unques*, meaning "never." As an independent word, *unques* has no operative legal meaning outside of these set phrases. ---
Common Confusion
*Unques* (ever, always) should not be confused with *onques* or *oncques*, variant spellings appearing in some Law French texts. These are orthographic variants of the same word, not distinct terms. Law French spelling was highly unstable across periods and copyists, and researchers in manuscript or early print sources should expect variation without inferring difference in meaning. ---
Why It Matters in Research
Researchers encounter *unques* almost entirely through its compound forms, particularly *ne unques* and the pleas built around it — such as *ne unques accouple* (never married) and *ne unques executor* (never an executor). Searching for *unques* alone in historical sources will return sparse results; the productive search targets are the full compound phrases. The term belongs to the Law French vocabulary that dominated English common law pleading from the medieval period through the seventeenth and eighteenth centuries. Law French was a technical legal dialect, not modern French, and researchers should not assume that French-language intuitions translate cleanly. The word *unques* in ordinary Old French carried the same sense — "ever," "at any time" — but its legal life is entirely in formal pleading contexts. In the Law Mind corpus, *unques* is most useful as an entry point to understanding traversal and denial in common law pleading. When a defendant pleaded *ne unques*, the plea constituted a direct denial of a fact alleged by the plaintiff — that a marriage had occurred, that an executor had qualified, that a debt had been acknowledged. Understanding the word is therefore less important than understanding the structure of the pleas it anchors. ---
Historical Dictionary Support
All three source dictionaries agree completely: *unques* is Law French for "ever" or "always," and *ne unques* means "never." There is no divergence across the sources, and none offers elaboration beyond this core definition. Burrill adds a cross-reference directing the reader to *Ne unques* and related entries, which is the more substantive locus of information in his dictionary — a tacit acknowledgment that *unques* in isolation is a skeleton term. What the historical dictionaries do not do is explain the pleading mechanics that gave *unques* its practical importance. For that, researchers must look to treatises on common law pleading — Chitty's *Pleading*, Gould's *Treatise on the Principles of Pleading* — where the *ne unques* pleas are explained in operational detail. ---
Related Terms
Ne unques — the primary compound form; the operative research target Ne unques accouple — plea that the parties were never lawfully married Ne unques executor — plea that the defendant never qualified as executor Ne unques seisi — plea that the party was never seized of the land Law French — the linguistic register to which this term belongs Traverse — the pleading mechanism these phrases typically effectuate Plea in bar — the broader procedural category containing most *ne unques* pleas
UNQUESmain
Black's Law Dictionary • 1891
L. Fr. Ever; always. Ne unques, never.
UNQUESmain
Black's Law Dictionary (2nd Ed.) • 1910
IL. Fr. Ever; always. Ne unques, never.
UNQUESmain
Burrill's Law Dictionary • 1870
L. Fr. Ever; always. Ne unques; never. See Ne unques, &c.

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