ARATURIA

4 definitions found across Law Mind sources

ARATURIAAuthored
The Law Mind • 610 words
Definition
Araturia is a term of medieval Latin origin used in old English law to denote land used for or suited to plowing — that is, arable land. The term appears in legal and administrative records as a classification for agricultural land capable of tillage, distinguishing it from pasture, woodland, marsh, or waste ground. Its primary function was descriptive and classificatory in the context of land tenure, conveyancing, and estate documentation.
Why It Matters in Research
Researchers working with medieval English land records, surveys, manor rolls, or Chancery documents may encounter araturia as a technical descriptor in Latin-language instruments. Its significance is primarily classificatory: land described as araturia carried different obligations, valuations, and tenure incidents than pasture (pastura) or woodland (silva). In feudal assessments and inquisitions post mortem, the type of land affected how it was valued and what services were owed. The term is largely confined to medieval and early modern Latin sources. It will not appear in post-seventeenth-century English legal instruments, as vernacular land classification language displaced Latin technical vocabulary. Researchers should not expect to find araturia in common law case reporters or statutes; its natural habitat is documentary sources — charters, extents, custumals, and Domesday-adjacent records — rather than judicial proceedings. Cross-referencing with related Latin land terms (campus arabilis, terra arabilis) will often be necessary when working through manuscript or transcribed sources, as scribal variation was common and the underlying concept was expressed in multiple equivalent phrases.
Historical Dictionary Support
The historical dictionaries are in tight agreement on the core definition. Black's Law Dictionary (both first and second editions) and Rapalje & Lawrence define araturia identically as "land suitable for the plow; arable land," each citing Spelman's Glossarium as the authority. Burrill's Law Dictionary adds modestly useful context, tracing the term to the Latin arare (to plow) and supplying the equivalent phrase campus arabilis, which aids identification of synonymous usage in source documents. Burrill also situates the term explicitly within "old English law," which is accurate and important — this is not a Roman law term, a civil law importation, or a term with continuing common law life. None of the dictionaries develop the tenure or valuation implications of the classification, which is where the term's practical legal significance lay. Spelman's Glossarium Archaiologicum, cited by all sources, remains the foundational reference for this and similar medieval Latin land terms and is worth consulting directly for researchers who encounter variant forms in manuscript sources.
Jurisdictional Note
Araturia is specific to the English legal tradition and its medieval Latin administrative records. It has no recognized counterpart or independent usage in Scots law, Irish law, or civilian legal systems, though cognate concepts under different terminology exist in continental feudal land documentation.
Related Terms
Arable land — the plain English equivalent and modern successor concept Campus arabilis — synonymous Latin phrase found in the same documentary sources Terra arabilis — another equivalent expression; researchers should search all three Pastura — the contrasting classification for pasture land in medieval records Silva — woodland classificationoften appearing alongside araturia in estate surveys Arare — the underlying Latin verb; useful for understanding variant forms Waste — uncultivated landthe broader category from which arable land was distinguished Inquisition post mortem — a primary document type in which araturia appears as a land classification Domesday — the foundational English land survey; land-type vocabulary in Domesday informs all later medieval classification practice Spelman's Glossarium — the reference authority cited for this term; an essential tool for medieval English legal Latin
ARATURIAmain
Black's Law Dictionary • 1891
Land suitable for the plow; arable land. Spelman.
ARATURIAmain
Rapalje & Lawrence • 1888
- Land suitable for the plow; arable land. Spel. Gloss. ARBITER.-- A Roman law term signifying a person clothed with discretionary power of a judicial character. (1) A person appointed by the prætor to decide controversies according to the rules of natural justice and equity, and thus distinguishable from the judex who was bound to follow the strict rules of law. (2) An arbitrator (q. v.) But the old writers make this distinction: they say the "arbiter" must decide the controversy submitted to him according to the rules of law and equity, while the "arbitrator" is unshackled by such rules and may decide as he pleases so that it be according to the judgment of a sound man. -Cowell. This distinction is not observed in modern law (Russ. Arb. 112) nor by the Scotch law. Bell. A recent writer thinks the true distinction to be that "arbitrator" means one chosen to decide a question which may properly be the foundation of an action or suit, and whose decision thereon is reviewable in the courts of justice, while "arbiter" is the proper designation of a referee chosen to decide matters irrespective of any law governing his decision, or matters "outside of or above municipal law" such as AQUÆ IMMITTENDE. A civil law easement or servitude, consisting in the right of one whose house is surrounded with other buildings, to cast waste water upon the adjacent roofs or yards. Similar to the common law easement questions of honor or courtesy, or wagers. of drip. 15 Barb. (N. Y.) 96.-Bouvier. -Abbott.
ARATURIAmain
Burrill's Law Dictionary • 1867
L. Lat. [from arare, q. v.] In old English law. Land used for ploughing; arable land, (campus arabilis.) Spelman. ARAYER, Araer, Arair. L. Fr. To array; to prepare; to settle. Kelham.

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