CULAGIUM

4 definitions found across Law Mind sources

CULAGIUMAuthored
The Law Mind • 684 words
Definition
A term from old English legal records denoting the act of laying up a ship in a dock for the purpose of repair. Culagium referred to the physical docking and temporary retirement of a vessel for maintenance or restoration, as distinguished from ordinary berthing or commercial anchorage. The term appears in historical property, admiralty, and harbor records where the status of a vessel — and associated fees, rights, or obligations — depended on whether a ship was actively in use or laid up for refit.
Common Confusion
Culagium should not be confused with CULPA, the Roman law concept of negligent wrongdoing. The two terms appear in close proximity in Rapalje & Lawrence solely because of alphabetical ordering. They share no conceptual, doctrinal, or etymological relationship. Culagium concerns the physical status of a vessel; culpa concerns the attribution of fault in civil obligations.
Why It Matters in Research
Culagium is a narrow historical term with no living legal application. Researchers will encounter it almost exclusively in pre-modern English records — harbor rolls, port customs documents, admiralty proceedings, and manorial records involving riparian rights or dock privileges. Its primary research value is contextual: distinguishing between vessels actively trading and those laid up affects how associated obligations (harbor dues, customs, liens) were calculated or suspended. The term's scarcity in surviving records means it appears most often as a passing reference in glossaries of old English and Latin legal terms rather than as a substantive legal concept with developed doctrine. Researchers consulting Cowell's Interpreter or Blount's Law Dictionary (the two authorities all four source dictionaries cite) will find the same brief gloss. Do not expect case law or statutory treatment — this term operated in the administrative and customary record-keeping layer of early maritime commerce, not in litigated doctrine. Be alert to variant spellings. The Black's Law Dictionary (1st ed.) entry renders it as "CULAGIUM" with a typographic artifact ("CUT.AGIUM") reflecting the scanning or transcription of the original print. Burrill likewise renders it "CULAGIUM." These are the same term. No meaningful substantive variation exists across the source dictionaries. The term may appear adjacently in sources to CULPA and its Roman law subdivisions — Rapalje & Lawrence run the two entries together — but the terms are entirely unrelated. Proximity in alphabetical glossaries has no bearing on conceptual relationship.
Historical Dictionary Support
All four source dictionaries are in full agreement: culagium means the laying up of a ship in a dock for repair. All four trace the definition to the same two authorities — Cowell and Blount — without independent elaboration. This uniformity reflects the term's status as a settled, if obscure, piece of historical vocabulary rather than a contested legal concept. Burrill adds the adjacent entry for "CULP" (abbreviation of the French culpable, meaning guilty, found in the Year Books), which reinforces that culagium's only neighbors in historical dictionaries are unrelated terms. None of the four source dictionaries provide case authority, statutory grounding, or doctrinal development. The definition has not evolved because the term never generated litigation-worthy legal controversy — it was an administrative descriptor, not a cause of action or legal standard. What the historical sources miss: no source addresses the fee or customs implications of a vessel being in culagium — whether harbor dues were suspended, reduced, or altered during the lay-up period. Researchers interested in the commercial consequences of this status should consult Cowell's Interpreter directly and cross-reference with period port records or admiralty custom documentation rather than relying on the dictionary gloss alone.
Related Terms
CULPA — adjacent in historical dictionaries; entirely unrelated in substance ADMIRALTY — the jurisdictional framework governing vessel-related rights and obligations AVERAGE — historical admiralty concept governing shared maritime lossesrelevant to vessel condition BOTTOMRY — maritime loan concept tied to vessel use and seaworthiness DEMURRAGE — charges for delay of a vessel; contextually related to vessel status in port LAY DAYS — period allotted for loading/unloading; relevant to distinguishing commercial berthing from repair lay-up
CULAGIUMmain
Black's Law Dictionary • 1891
CUT.AGIUM. In old records. The lay- ing up a ship in a dock, in order to be re- paired. Cowell; Blount.
CULAGIUMmain
Rapalje & Lawrence • 1888
- The laying up of a ship in a dock for repair.-Blount; Cowell. CULPA.-An act of neglect, causing damage, but not implying an intent to injure, of which the Roman jurists recognized two: (1) Culpa lata, culpa latior, magna culpa, gross neglect treated very much like fraud; culpa magna dolus est, dolo proxima. (2) Culpa, without any epithet, or omnis culpa, culpa levis, levior; or levissima, slight neglect. (Cum. Civ. L. 279; Sand. Just. (5 edit.) 318.)-Wharton.
CULAGIUMmain
Burrill's Law Dictionary • 1867
L. Lat. In old records. The laying up a ship in a dock, in order to be repaired. Cowell. Blount. CULP, Coulp. Abbreviations of Fr. culpable, or coulpable; guilty. Year Books, passim.

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