Legal Definitions - defendour

The term defendour is a historical legal term. It refers to the party who was accused or called upon to answer a complaint in a legal proceeding, particularly in an appeal. In modern legal language, this role is typically filled by the defendant.

Here are some examples illustrating the historical use of the term defendour:

• Land Dispute in a Feudal Court: Imagine a medieval village where a powerful lord, Lord Alaric, brings a formal complaint (an "appeal") before the King's court, accusing a neighboring knight, Sir Gareth, of unlawfully encroaching upon his hunting grounds. Sir Gareth, as the individual against whom the accusation is made and who must present his defense to the court, would be referred to as the defendour in this historical legal context.

  This illustrates the term because Sir Gareth is the party accused of wrongdoing and is called upon to defend himself against the lord's complaint.

• Breach of Covenant: Consider a historical scenario where a merchant, Lady Eleanor, files an appeal against a master builder, Master Thomas, alleging that he failed to complete the construction of a new wing for her manor house by the agreed-upon date, causing her significant financial loss. Master Thomas, being the party accused of breaching the covenant (a formal agreement) and required to answer the charges, would be the defendour.

  Here, Master Thomas is the defendour because he is the one facing the accusation of failing to uphold his contractual obligations and must present his case in response.

• Accusation of Misconduct by an Official: In a historical town, a group of citizens might bring an appeal against a local magistrate, Magistrate Elara, accusing her of unjustly imposing excessive fines on the populace. Magistrate Elara, as the official against whom these serious charges of misconduct are leveled and who must answer for her actions before a higher authority, would be the defendour.

  Magistrate Elara is the defendour because she is the subject of the formal complaint and is required to defend her conduct against the accusations made by the citizens.