Elegit

Elegit is a historical writ in English law used to enforce monetary judgments within the common law system. It originated in the late Middle Ages as part of the evolving machinery for executing court orders against debtors.

Origin and meaning: The term elegit comes from Latin elegit, meaning "he has chosen." The writ reflected the creditor’s election to seize either the lands or the goods of the debtor to satisfy a judgment, rather than pursuing both by other means.

Operation: After a money judgment is obtained, the creditor could apply for a writ of elegit. The writ directed the sheriff to seize property up to the value of the debt, designating lands or chattels as the mode of execution according to the creditor’s election. The seized property would be appraised, and the proceeds applied toward the debt, with any surplus returned or treated according to the court’s directions. In some cases, the debtor could redeem property under specified conditions before sale.

Scope and duration: Elegit was used primarily where the debtor possessed real property or movable goods that could be valued and levied upon. It formed one of several execution methods available in medieval and early modern England. Over time, evolving statutes and modernized enforcement practices reduced its use, and it largely fell into disuse by the 17th to 19th centuries.

Legacy: The writ illustrates early creditor remedies within English common law and influenced the development of later forms of execution and enforcement of judgments.

See also: Writ of execution, Fieri facias, Debtor and creditor, English legal history.