Legal Definitions - elegit

The term elegit refers to a historical legal process, specifically a type of court order known as a writ of execution, used to enforce a judgment for debt or damages.

In historical English law, when a court ruled that one party (the debtor) owed money to another (the creditor), and the debtor failed to pay, the creditor could apply for an elegit. This writ allowed the sheriff to seize and appraise the debtor's movable property (such as household goods or livestock, though not essential farming animals like plow beasts) and deliver them to the creditor to satisfy the debt.

If the movable property was insufficient to cover the entire debt, the elegit further permitted the seizure of up to half of the debtor's freehold land (land owned outright) that they possessed at the time the judgment was issued. The creditor would then hold this portion of the land, becoming a "tenant by elegit," and could collect its rents and profits until the full debt was repaid. The land itself was referred to as an "estate by elegit."

It is important to note that the elegit is no longer in use. It was abolished in England in 1956 and is not part of modern legal systems in the United States or elsewhere.

Here are some examples illustrating how an elegit would have been applied:

• Merchant Debt: Imagine a baker in 17th-century London who owes a substantial sum to a grain supplier after a poor harvest. The supplier sues and wins a judgment for the unpaid debt. If the baker cannot pay, the supplier could obtain an elegit. The sheriff would first seize and appraise the baker's non-essential goods, like furniture or personal effects, to give to the supplier. If these were not enough, half of the baker's property, perhaps a portion of his shop or dwelling, would be delivered to the supplier. The supplier would then collect rent from that part of the property until the debt was settled.
• Damages from a Dispute: Consider an 18th-century scenario where a landowner's cattle stray onto a neighbor's fields, causing significant crop damage. The neighbor sues for damages and is awarded a large sum by the court. If the offending landowner refused to pay the awarded damages, the neighbor could seek an elegit. Initially, the sheriff might seize some of the landowner's non-plow animals or other movable assets. If the damages were still not fully covered, half of the landowner's estate, perhaps a section of his fields or woodlands, would be temporarily transferred to the neighbor. The neighbor would then profit from this land (e.g., by farming it or collecting rents) until the judgment debt was satisfied.
• Forfeited Recognizance: In the 16th century, a nobleman posts a recognizance (a bond or promise) to the King's court, guaranteeing his appearance at a trial. He fails to appear, and the recognizance is forfeited, meaning he owes the promised sum to the Crown. The Crown, as the creditor, could issue an elegit to recover the forfeited sum. The sheriff would first seize any valuable movable goods belonging to the nobleman that were not essential for his livelihood. If these assets were insufficient, half of his landed estates would be taken over by the Crown. The Crown would then manage these lands and collect their revenues until the full amount of the forfeited recognizance was recovered.