MEMBRANA

5 definitions found across Law Mind sources

MEMBRANAAuthored
The Law Mind • 773 words
Definition
A Latin term used in two related historical legal contexts: 1. Civil law: Parchment as a material substance, particularly as it appeared in writings on property and bequest. The Digest treated membrana as a type of physical writing material capable of being the subject of a legacy. 2. Old English law: A single skin of parchment forming one discrete unit of an official roll. Because English legal records — such as the plea rolls, patent rolls, and close rolls — were compiled by stitching multiple parchment skins together, individual skins were identified and cited by number. Membrana functions as a locator term equivalent to "page" or "folio" in modern citation practice. A reference such as "28 Edw. I. membr. 16" means the sixteenth skin of a roll from the twenty-eighth year of Edward I's reign. ---
Common Language
Modern common usage (Wiktionary): A membrane; a thin, flexible, animal-derived planar material such as parchment. Historical common usage (Webster's 1913): Not independently surveyed for this entry; the term entered English usage primarily through its Latin legal and scientific contexts. The common meaning captures the material accurately but misses the documentary function entirely. When membrana appears in legal citations, the researcher's interest is not in the parchment as a physical object but in its role as a numbered locator within an archival roll. Understanding the term as merely "a piece of parchment" will cause a researcher to misread citations to manuscript rolls. ---
Why It Matters in Research
Membrana is primarily a citation tool, not a substantive legal concept. Researchers encountering the abbreviation "membr." or "m." in citations to English public records, yearbooks, or secondary works drawing on manuscript sources need to recognize it as equivalent to a page or folio reference — not a description of document type or content. The practical trap is treating a membrana citation as if it references a separate document. It does not. The roll is the document; the membrana is simply the numbered unit within it. A citation to a specific membrana number directs the researcher to the correct physical skin within a potentially lengthy compiled roll. For Law Mind corpus researchers, membrana will appear most often in secondary and historical works discussing medieval and early modern English records — Hale's History of the Common Law being the most cited example — and occasionally in yearbook scholarship or discussions of Exchequer, King's Bench, or Chancery practice. It does not appear as an operative term in case holdings or statutes. Its function is archival and bibliographic. The civil law usage (Digest 32.52) is a narrower point relevant primarily to Roman law scholarship on legacies of writing materials and related property. ---
Historical Dictionary Support
All four source dictionaries treat this term consistently and briefly. Black's (both editions), Burrill, and Rapalje & Lawrence agree on the two-sense structure — civil law parchment and English roll skin — and all point to the same sources: Hale's History of the Common Law and Digest 32.52. Burrill adds the concrete citation form ("28 Edw. I. membr. 16"), which is the most practically useful information in the historical record for a researcher trying to decode an archival reference. No dictionary provides substantive analysis of membrana as a legal concept because none exists to provide. The dictionaries correctly treat the term as a unit of archival citation. Rapalje & Lawrence's entry is notable for immediately transitioning to membrum and memorandum, confirming that membrana occupies minimal doctrinal space. None of the historical sources address the use of membrana in manuscript roll citations beyond a single illustrative example, which may leave researchers uncertain about variant abbreviation forms (membr., m., mem.) encountered in different periods or record series. ---
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: English Legal Records and Manuscript Sources; History of the Common Law. ---
Related Terms
MEMBRUM — a related Latin term denoting a small piece or parcel of land; appears immediately after membrana in Rapalje & Lawrence and is occasionally confused with it in roll citations. ROLL — the composite parchment document of which a membrana is one skin; the parent archival unit. FOLIO — the modern functional equivalent as a citation locator in bound records. MEMORANDUM — the term immediately following membrana in the roll of Latin legal vocabulary; no substantive connectionbut proximity in dictionaries creates occasional indexing confusion. ROTULUS — a Latin term for roll; the broader record form of which membrana is a component. PARCHMENT — the material; relevant to understanding the physical context of membrana in documentary practice.
MEMBRANAmain
Black's Law Dictionary • 1891
Melius est in tempore occurrere, quam post causam vulneratum reme- dium quærere. 2 Inst. 299. It is better to meet a thing in time than after an injury in- flicted to seek a remedy. Melius est jus deficiens quam jus in- certum. Law that is deficient is better than law that is uncertain. Lofft, 395. Melius est omnia mala pati quam malo consentire. 3 Inst. 23. It is better to suffer every ill than to consent to ill. Melius est petere fontes quam sectari rivulos. It is better to go to the fountain head than to follow little streamlets. Melius est recurrere quam male cur- rere. It is better to run back than to run badly; it is better to retrace one's steps than to proceed improperly. 4 Inst. 176.
MEMBRANAmain
Black's Law Dictionary • 1891
Lat. In the civil law. Parchment. Dig. 32, 52. In old English law. A skin of parch- ment. The ancient rolls usually consist of several of these skins, and the word "mem- brana" is used, in citations to them, in the same way as "page" or "folio," to distin- guish the particular skin referred to.
MEMBRANAmain
Black's Law Dictionary (2nd Ed.) • 1910
Meliorem conditionem ecclesi# sus facere potest prelatus, deteriorem nequaquam. Co. Litt 101. A bishop can make the condition of his own church better, but by no means worse. Meliorem conditionem suam facere potest minor, deteriorem nequaquam. Cov. Litt. 337. A minor can make his own condition better, but by no means worse. Melius est in tempore occurrere, quam post causam vulneratum remedium qusrere. 2 Inst. 209. It is better to meet a thing in time than after an injury inflicted to seek a remedy. Melius est jus deficiens quam jus incertum. Law that is deficient is better than law that is uncertain. Lofft, 390. Moelius est omnia mala pati quam malo consentire. 8 Inst. 23. It is better to suffer every ill than to consent to ill. Moelius est petere fontes quam sectari rivulos. It is better to go to the fountain head than to follow little streamlets. Melius est recurrere quam male currere. It is better to run back than to run badly; it is better to retrace one’s steps than to proceed improperly. 4 Inst. 176. ILat. In the civil law. Parchment. Dig. 32, 52. In old Enghish law. A skin of parchment. The ancient rolls usually consist of several of these skins, und the word ‘“mem-
membrananoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A membrane. | A thin, animal-derived, flexible planar material, such as parchment.

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