MENSURA

4 definitions found across Law Mind sources

MENSURAAuthored
The Law Mind • 746 words
Definition
Latin term meaning "a measure." In old English law, mensura referred to a standard unit of measurement — for grain, wine, ale, or other commodities — as established or recognized by royal authority. The term appears primarily in medieval legal instruments and statutes concerned with uniformity of weights and measures across the realm. The most significant compound form, mensura domini regis ("the measure of our lord the king"), designated the standardized weights and measures formally established under Richard I at the Parliament of Westminster in 1197. This royal standard sought to eliminate local variation and impose a single national system for trade and commerce. ---
Common Language
Modern common usage (Wiktionary): "Mensura" is not a current English word. In music, it refers historically to measured rhythm or meter in medieval notation. In scientific and technical Latin, it means a measurement or dimension. Historical common usage (Webster's 1913): Not listed as an English entry. The Latin root mensura, from mensurare (to measure), underlies modern English words including "measure," "dimension," and "commensurate." The legal meaning is narrower than the root suggests. In legal sources, mensura is not a general term for any act of measuring — it refers specifically to authorized, standardized units of measurement carrying legal force, particularly under royal or parliamentary sanction. ---
Why It Matters in Research
Mensura appears almost exclusively in medieval English sources — primarily in connection with Magna Carta, its confirmations, and early statutes of weights and measures. Researchers encountering the term in historical documents should treat it as a marker for regulatory or commercial law of the 12th through 14th centuries, not as a general descriptor. The Magna Carta provision (9 Hen. III, c. 25) is the central legal authority. It established that one measure of wine, ale, and grain should apply throughout the realm. This clause was a recurring point of reference in subsequent English statutes governing trade standards. Researchers tracing the history of weights and measures regulation in English law will find mensura threading through Year Books, early statutes, and commentary from Bracton through Coke. A practical trap: the term appears in Latin formularies and pleadings not always connected to the Magna Carta context. Burrill notes that mensura could also mean simply "a bushel" — a specific unit rather than the abstract concept of standardization. Readers must determine from context whether mensura is being used in its administrative-regulatory sense (a royal standard) or its concrete unit sense (a particular measure of volume or capacity). The term has no live significance in modern legal practice or modern statutes. Its research value is historical and linguistic: it anchors discussions of the origins of commercial regulation, market supervision, and the idea that uniform standards of trade are a state concern. ---
Historical Dictionary Support
All three source dictionaries agree on the basic Latin meaning and historical English law context. Black's first edition gives only the bare gloss ("a measure"). The second edition adds the mensura domini regis compound and the 1197 Westminster Parliament reference, citing Blackstone's Commentaries and Mozley & Whitley. Burrill's entry is the most substantive, quoting the Magna Carta text directly and adding the specific sense of "a bushel." None of the source dictionaries situates mensura within broader English legal history beyond these reference points. They treat the term as a historical artifact rather than tracing how the Magna Carta provision influenced later statutory development. Researchers needing that developmental account should look beyond dictionary sources to treatises and statutory history. Burrill's quotation from the Magna Carta (9 Hen. III, c. 25) is the most instructive primary text anchor: "Una mensura vini sit per totum regnum nostrum, et una mensura cervisiæ, et una mensura bladi" — one measure of wine, one of ale, one of grain, throughout the entire realm. This formulation illustrates that mensura carried both a legal and a political weight: uniformity of measure was an expression of royal authority and a protection for subjects against local exploitation. ---
Jurisdictional Note
Mensura is a term of English legal history with no direct counterpart in American, Scottish, or civil law systems under this name. American weights and measures law derives from a different constitutional and statutory lineage. The term appears only in English historical sources. ---
Related Terms
Mensura domini regis — Assisa panis et cervisiae — Assay — Weights and measures — Magna Carta — Assize — Staple — Toll — Bushel
MENSURAmain
Black's Law Dictionary • 1891
In old English law. A measure.
MENSURAmain
Black's Law Dictionary (2nd Ed.) • 1910
In old English law. A measure. —Mensura domini regis. ‘The measure of our lord the king,” being the weights and measures established under King Richard I. in his parliament at Westminster, 1197. 1 Bl. Comm. 275; Mozley & Whitley.
MENSURAmain
Burrill's Law Dictionary • 1870
Lat. In old English law. A measure. Una mensura vini sit per totum regnum nostrum, et una mensura cervisiæ, et una mensura bladi; there shall be one measure of wine throughout our whole realm, and one measure of ale, and one measure of grain. Magna Charta, 9 Hen. III. c. 25. Cowell. A bushel.

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