HERIBERGARE

2 definitions found across Law Mind sources

HERIBERGAREAuthored
The Law Mind • 497 words
Definition
In old European law, to pitch or establish a military camp; to place an army in a position of security or shelter. By extension, the term also carried the meaning of receiving a person under one's protection, or entertaining a traveler — that is, providing hospitality or lodging to one who is in need of shelter. The term operates primarily as a verb in Latin legal usage and appears in early medieval sources concerned with the movement and quartering of armies, as well as in broader contexts involving the duty or custom of receiving strangers and wayfarers.
Why It Matters in Research
HERIBERGARE is an archaic term encountered almost exclusively in early medieval and feudal legal sources. Researchers will find it in Latin texts concerning military organization, the rights and obligations of lords in relation to armies passing through their lands, and customary duties of hospitality. It rarely appears in English common law sources and is more characteristic of Continental European feudal codes and ecclesiastical records. The dual meaning — military encampment on one hand, civilian hospitality on the other — reflects a genuine historical connection between these concepts. In early medieval society, the obligation to shelter and supply travelers, particularly royal or noble parties and their retinues, was a legal duty enforceable under custom. The same conceptual root (shelter, protection, reception) underlies both senses, and researchers should be alert to which meaning is operative in a given source. The term connects to the broader cluster of feudal obligations involving billeting, purveyance, and the right of lords or kings to demand lodging and provisions. Researchers working on hospitium, purveyance, or the law of inns should be aware that HERIBERGARE and its cognates may appear as antecedents or analogues in historical commentary on those subjects.
Historical Dictionary Support
Burrill's Law Dictionary is the principal English-language legal dictionary source for this term. Burrill attributes both meanings — military encampment and individual reception or hospitality — to Spelman's Glossarium Archaeologicum, the standard authority on Anglo-Saxon and early medieval legal terminology. Burrill renders the two senses distinctly: first, the collective military sense (pitching a camp, placing an army in safety), and second, the individual sense (receiving a person under protection, entertaining a traveler, equivalent to hospitari). No substantive divergence exists among historical sources on this term because coverage is narrow. The term does not appear in later standard English legal dictionaries such as Black's or Bouvier's, suggesting that by the time those works were compiled, HERIBERGARE had receded entirely from active legal vocabulary and was of purely antiquarian interest. Researchers relying solely on post-eighteenth century legal dictionaries will not find it, and must consult Spelman or Burrill directly.
Jurisdictional Note
This term belongs to old European law broadly and is not a feature of any modern common law jurisdiction. Its relevance is confined to historical research on feudal, Continental, or early English legal custom.
Related Terms
Hospitium Purveyance Billeting Herbergagium Feudal tenure Inn (historical) Frankpledge
HERIBERGAREmain
Burrill's Law Dictionary • 1870
L. Lat. [from Sax. here, an army, and bergian, to protect or defend.] In old European law. To pitch a camp; to receive or put an army in a safe place. Spelman. To receive an individual under one's protection; to receive or entertain a traveller, (hospitari.) Id.

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