Chattels

formerly written C ATALS. et, Lat. catalla, L. Fr. chateux, cateux.] oveable goods, and all other property or estate, not amounting to a freehold. Chattels were formerly divided into moveable and immoveable {moebles et nient moebles;) a division borrowed from the bona mobilia et immobilia and res mobiles et immobiles of the civil law.

Beg. Orig. 93 b. nota. LL. Will. Nothi, apud Dufresne, cited 2 Bl. Com. 386, note (e).

Cowell. voc.

Catalls.

Bract, fol.

102.

The present division of chattels into real and personal was introduced in the reign of Edward III.

3 Beeves* Hist. Eng. Law, 15.

See Chattels Real, Chattels Personal. The term chattels is a more comprehensive one than goods, as it includes animate as well as inanimate property.

2 Chitt. BL Com. 383, note.

In a devise, however, they seem to be of the same import Shtp. Touch. 447.

2 FonbL Equity, 836.

In practice, they are almost always united in the expression goods and chattels^ which is of very ancient date.

2 Steph, Com. 65.

See Bona et catalla, Goods and Chattels, Effects, Personal estate, Moveables. As to the etymology of this word, the singular chattel seems to be immediately formed from the Fr. chatelle, or chatel^ (q. V.); the plural chattels, (or, as it was formerly written, catah,) is supposed to be derived from the L. Lat. catalla, the ch being pronounced hard, as in the word charta, which is evident from the form of the old Norman plural, cateux, (q. v.) Calais is the form used in the Termes de la ley, and Cowell. As to any further derivation, catalla or catalia is clearly shown by Spelman to be merely a contracted form of writinff capitalia, which, with the singular capitc Ue, or captale, occurs frequently in the Saxon and early English laws. See Capitale. The Fr. singular chatell, may have been formed from the latter word. The primary meaning of capitalia was animals, beasts of husbandry, (otherwise called averia, q. v.) or cattle; in which last word it is still identically retained. This will appear from the extracts given under capitate, (q. v.) Capitalia is derived by Spelman from capita, heads; a term still popularly applied to beasts, as " so many heads of cattle." When the word took the form catalla, it continued to retain this primary meaning, but gradually acquired the secondary sense of moveables of any kind, inanimate as well as animate, and finally became used to signify interests in lands.

1 Steph. Com. 262.

Dufresne II.

409.

Bract, fol.

159 b. 2 Beeves* Hist. Eng. Law, 52.