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Legal Definitions - est a scavoir

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Definition of est a scavoir

Est a scavoir is a historical legal phrase originating from Law French. It translates to "it is to be understood or known" or "that is to say." This expression was historically used to introduce a clarification, an explanation, or a specific detail that was crucial for the reader to grasp. Essentially, it functions similarly to the modern English phrase "namely" or "to wit," signaling that a specific elaboration or itemization is about to follow.

Here are some examples illustrating how "est a scavoir" would have been used:

  • Example 1: Property Deed Clarification

    Imagine an old property deed from the 15th century stating: "The grantor conveys all rights and interests in the estate known as Willow Creek, est a scavoir, the main manor house, the surrounding arable fields, and the fishing rights in the adjacent stream."

    Explanation: In this context, "est a scavoir" is used to explicitly list the specific components of the "estate known as Willow Creek." It ensures that there is no ambiguity about what exactly is included in the conveyance, making it clear what is to be understood as part of the property transfer.

  • Example 2: Legal Obligation Specification

    Consider a historical legal decree outlining a new obligation for local officials: "All sheriffs are hereby commanded to ensure the peace of the realm, est a scavoir, by apprehending all highwaymen, suppressing public disturbances, and enforcing the King's tax collection."

    Explanation: Here, "est a scavoir" introduces a detailed breakdown of the specific duties encompassed by the general command to "ensure the peace of the realm." It clarifies precisely what actions are expected of the sheriffs, leaving no room for misinterpretation regarding their legal obligations.

  • Example 3: Testamentary Bequest Detail

    In an ancient will, a testator might specify a legacy: "I bequeath to my beloved niece, Eleanor, all my valuable personal adornments, est a scavoir, my pearl necklace, the sapphire brooch, and the gold filigree earrings."

    Explanation: This phrase is used to itemize the exact "valuable personal adornments" that Eleanor is to receive. It ensures that the specific items are clearly identified, preventing any disputes among heirs about which possessions fall under the general description.

Simple Definition

“Est a scavoir” is a Law French phrase meaning "it is to be understood or known," or "to wit." This expression was commonly used in historical legal texts, such as Sir Thomas de Littleton's 15th-century Treatise on Tenures, to introduce an important clarification or detail.

It is better to risk saving a guilty man than to condemn an innocent one.

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