FRAXINETUM

4 definitions found across Law Mind sources

FRAXINETUMAuthored
The Law Mind • 574 words
Definition
A Latin term from old English law denoting a wood of ash trees, or a place where ash trees grow. The term appears in historical conveyancing and land description contexts, where precise identification of woodland types carried legal significance for the rights and obligations attached to a given parcel.
Why It Matters in Research
Fraxinetum is a term of pure historical antiquity. It will surface almost exclusively in medieval and early modern English land records, conveyancing instruments, and the treatise literature that systematized those practices — particularly Coke upon Littleton and Sheppard's Touchstone of Common Assurances, the two sources uniformly cited across the historical dictionaries. Researchers encountering the term in a deed, survey, or pleading should treat it as a descriptor of land character, not a grant of rights in itself. The distinction between types of woodland — coppice, grove, spinney, fraxinetum — could bear on questions of timber rights, common of estovers, and the scope of a conveyance. Note the minor textual variation in the historical sources: Black's (1st ed.) and Bouvier cite Co. Litt. 46; Burrill cites Co. Litt. 4b; Black's (2nd ed.) cites Co. Litt. 40. These likely reflect differing pagination conventions across editions of Coke upon Littleton rather than citations to different passages, but researchers pulling the primary source should verify the folio reference against the edition in hand. The Rapalje & Lawrence entry is anomalous: it provides a correct brief definition ("a wood of ash trees") but then abruptly appends material from a separate entry on fraudulent conveyance, including a citation to L.R. 8 Ex. 26. This appears to be a typographical collision of two entries in the original printing and should not be read as connecting fraxinetum to any bankruptcy or fraudulent transfer doctrine. Researchers relying on Rapalje & Lawrence for this term should disregard everything after the initial definition. No modern legal significance attaches to fraxinetum. It is not a living term of art in any common law jurisdiction. Its research value is confined to historical land law, conveyancing history, and glossarial work on Law Latin.
Historical Dictionary Support
The historical dictionaries are in full agreement on substance: fraxinetum means a wood or stand of ash trees. All five sources anchor the definition to the same two primary authorities — Coke upon Littleton and Sheppard's Touchstone — reflecting that the term's legal relevance was already historical by the time the dictionaries were compiled. Burrill adds the most useful philological note, tracing the term explicitly to fraxinus (ash tree), which aids identification when the word appears in variant spellings in manuscript sources. None of the historical dictionaries elaborate on how fraxinetum functioned within conveyancing doctrine — what rights it implied, how it was bounded, or how courts distinguished it from adjacent woodland categories. For that analysis, Coke upon Littleton and Sheppard's Touchstone remain the appropriate primary sources.
Related Terms
Boscus — general term for woodland in old English law Estovers — right to take wood from landthe practical right to which woodland classifications related Turbary — right to cut peat or turfa parallel profit à prendre in land law Silva caedua — coppice woodanother specific woodland category in the same legal vocabulary Conveyance — the broader transactional context in which land descriptions like fraxinetum appeared Law Latin — the linguistic register to which this term belongs
FRAXINETUMmain
Black's Law Dictionary • 1891
In old English law. A wood of ashes; a place where ashes grow. Co. Litt. 46; Shep. Touch. 95.
FRAXINETUMmain
Rapalje & Lawrence • 1888
-A wood of ash trees. FRAUDULENT CONVEYANCE, GIFT, DELIVERY, OR TRANSFER, (in bankruptcy act). L. R. 8 Ex. Co. Litt. 4 b. 26.
FRAXINETUMmain
Burrill's Law Dictionary • 1867
L. Lat. [from fraxinus, an ash.] In old English law. A wood of ashes; a place where ashes grow. Co. Litt. 4 b. Shep. Touch. 95.

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