DRASCHIA

2 definitions found across Law Mind sources

DRASCHIAAuthored
The Law Mind • 607 words
Definition
Draschia is a Latin term from medieval English legal usage denoting the grains or refuse remaining from malt after the brewing process — that is, the spent grain or draff left over once fermentation has extracted the usable substance from malted barley or similar grain. The term appears in the context of manorial and feudal law, where the disposition, ownership, and entitlement to brewing byproducts could carry legal significance as incident to brewing rights, tenancy obligations, or lord-and-tenant arrangements.
Why It Matters in Research
This term is encountered almost exclusively in highly specialized sources dealing with medieval English agrarian and manorial law. Researchers working in that corpus should be aware of several considerations. First, draschia is a term of art within a narrow historical slice — it surfaces in Fleta, the late thirteenth-century English legal treatise, and is unlikely to appear in sources predating or significantly postdating that era except as a retrospective reference. A researcher encountering the term in a manuscript or printed text should treat its appearance as a strong chronological marker pointing toward late medieval English legal and domestic administration. Second, the legal relevance of spent brewing grain was not trivial in the manorial economy. Brewing was a regulated activity; rights to brew (and corresponding obligations, such as suit of mill or suit of brew) were subject to manorial custom and lord's oversight. Byproducts like draschia could be treated as belonging to the tenant, owed to the lord, or subject to specific customary rules. A researcher examining manorial rolls, custumals, or accounts should be alert to the possibility that disputes or entries referencing brewing residue implicate these layered property and tenure questions, even where the term itself does not appear verbatim. Third, draschia does not appear in modern legal dictionaries or statutes. Its presence in a research context signals work in primary medieval sources, Latin-language legal texts, or historical scholarship on agrarian England. Researchers translating or indexing such materials should resist rendering it by the generic English word "refuse," which strips out the brewing-specific meaning and the legal context that may attach to it.
Historical Dictionary Support
Burrill's Law Dictionary is the sole historical legal dictionary source carrying this term, and its entry is terse: "Grains; the refuse of malt after brewing," with a citation to Fleta, lib. 2, c. 82, § 5. The brevity reflects the word's status as a technical term of limited circulation even within medieval legal Latin — it was defined precisely enough to be serviceable but never acquired the doctrinal elaboration that attaches to higher-profile legal concepts. The citation to Fleta is the authoritative anchor. Fleta is a reliable source for late thirteenth-century English law and custom, and its treatment of household and manorial management in Book II provides the practical context within which draschia appears. No other historical legal dictionaries in the Law Mind corpus appear to carry an independent entry for this term, making Burrill the primary reference point and Fleta the primary source. Researchers should note that Burrill does not elaborate on the legal incidents attaching to draschia — ownership, alienability, or customary entitlement — leaving those questions to be resolved through the Fleta text itself and analogous manorial sources.
Jurisdictional Note
Draschia is a term of medieval English law with no known counterpart in other legal traditions. It has no relevance to modern common law or civil law jurisdictions.
Related Terms
Fleta — Manorial custom — Brewing rights — Suit of brew — Spent grain (non-legalbrewing context) — Medieval Latin legal terminology — Agrarian tenure — Byproduct (as property incident)
DRASCHIAmain
Burrill's Law Dictionary • 1867
L. Lat. In old English Grains; the refuse of malt after brewing. Fleta, lib. 2, c. 82, § 5. law.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In