BERCARIUS

4 definitions found across Law Mind sources

BERCARIUSAuthored
The Law Mind • 542 words
Definition
A shepherd. In old English law, bercarius denoted a person employed to tend sheep on a feudal estate or manor. The term appears in medieval legal and administrative records in connection with manorial organization, agricultural labor, and the management of livestock held as part of a lord's demesne.
Why It Matters in Research
Bercarius is a term of medieval manorial administration rather than a concept with ongoing doctrinal development. Researchers encountering it will almost exclusively find it in historical English sources — Latin plea rolls, manorial extents, court records, and legal treatises from the medieval period. Its primary significance in legal research is identifying occupational status within the feudal hierarchy, which could bear on questions of villeinage, labor obligations, and the legal capacity of agricultural workers under manorial custom. The term appears in Fleta, the late thirteenth-century Latin legal treatise that describes manorial management in some detail. Burrill's citation to Fleta (lib. 2, c. 79, § 8) is the most direct path to primary source context. Researchers working on the legal status of serfs, villeins, or agricultural laborers in medieval English law should treat bercarius as an occupational category that may intersect with questions of personal freedom and tenure, since a shepherd's legal standing could vary depending on whether he was a free man employed for wages or a villein rendering customary service. Because the term has no modern legal application, it will not appear in contemporary statutes, regulations, or case law. Researchers should expect to encounter it only in transcribed or translated medieval records, antiquarian legal histories, and historical dictionaries. Latin legal glossaries and guides to medieval manorial documents — such as those produced for use with English Public Record Office materials — may provide additional occupational context.
Historical Dictionary Support
The historical dictionaries converge entirely on a single, narrow definition. Burrill's Law Dictionary provides the most useful entry, defining bercarius as a shepherd and tracing the word to the French berger, with the direct citation to Fleta. Black's Law Dictionary (both editions) does not appear to include a substantive entry for bercarius in the surviving source material provided, though the term falls within the class of Latin manorial and feudal vocabulary that Black's occasionally catalogued in its early editions. No divergence among sources exists here — the term is unambiguous and has never carried more than one meaning in legal usage. What the historical dictionaries do not address is the practical significance of the shepherd's position within manorial law: whether the bercarius was free or unfree, the nature of his duties as a matter of customary obligation versus contract, and how his status might appear in legal proceedings. Those questions require recourse to primary sources and secondary histories of English manorial law rather than to the legal dictionaries themselves.
Jurisdictional Note
Bercarius is specific to medieval English law and its Latin administrative vocabulary. The term has no recognized counterpart or application in Scots law, canon law, or continental civil law traditions, and carries no significance in any modern jurisdiction.
Related Terms
Villein — Serf — Bordarius — Cotarius — Sokeman — Demesne — Manorial custom — Fleta — Feudal tenure — Agricultural labor (medieval)
BERCARIUSmain
Black's Law Dictionary • 1891
ing pecuniary relief. Such are beneficial so- 111 Mass. 268; 31 N. J. Eq. 695; 23 Minn. cieties of Maryland, fund associations of Mis- 92. souri, loan and fund associations of Massa- BENEVOLENT SOCIETIES. In En. chusetts, mechanics' associations of Michi-glish law. Societies established and regis- gan, protection societies of New Jersey. Friendly societies in Great Britain are a still more extensive and important species belong- ing to this class. Abbott.
BERCARIUSmain
Burrill's Law Dictionary • 1867
L. Lat. [from Fr. berger.] In old English law. A shepherd. Fleta, lib. 2, c. 79, § 8.
BERCARIUSmain
Black's Law Dictionary (2nd Ed.) • 1910
taken most strongly against the grantor. Wallis v. Wallis, 4 Mass. 135, 3 Am. Dec. 210; Hayes vy. Kershow, 1 Sandf. Ch. (N. Y.) 258, 268. Benigne faciende sunt interpretationes, propter gimplicitatem laicorum, ut res magis waleat quam pereat. Constructions [of written instruments] are to be made liberally, on account of the simplicity of the laity, for common people,] in order that the thing [or subject-matter] may rather have effect than perish, [or become void.] Co. Litt. 36a; Broom, Max. 540. Benignior sententia in werbis generalibus seu dubiis, est preferenda. 4 Coke, 15. The more favorable construction is to be placed on general or doubtful expressions. Benignius leges interpretands sunt quo voluntas earum conservetur. Laws are to be more liberally interpreted, in order that their intent may be preserved. Dig. 1, 3, 18.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In