PATRUUS MAJOR

3 definitions found across Law Mind sources

PATRUUS MAJORAuthored
The Law Mind • 856 words
Definition
A term from Roman law denoting a specific degree of collateral kinship through the male line. *Patruus major* literally means "greater paternal uncle" and refers to a great-grandfather's brother — that is, the brother of one's paternal great-grandfather. In the extended Roman kinship schema, this places the *patruus major* two generational steps removed from the simple paternal uncle (*patruus*). Burrill's definition clarifies that the term encompasses both the father's and the mother's great uncle (patris vel matris patruus magnus), making it a degree of relationship traceable through either the paternal or maternal line when measuring proximity for purposes of inheritance or guardianship under Roman law. The term is also rendered as *propatruus* in the Digest. Black's compressed entry gestures at the same concept — a great-granduncle through the father's line — though it truncates the definition in a way that can obscure the term's full scope.
Common Confusion
*Patruus major* is easily conflated with two adjacent Roman kinship terms: *patruus* (a father's brother, i.e., a simple paternal uncle) and *patruus magnus* (a grandfather's brother, i.e., a great-uncle). The three terms form a generational ladder: *patruus* → *patruus magnus* → *patruus major*. Researchers encountering any of these in historical legal texts must identify which degree of relationship is at issue before drawing conclusions about inheritance rights, guardianship priority, or intestate succession under the applicable Roman or civil law framework. Conflating *patruus magnus* and *patruus major* — an error the brevity of Black's entry invites — shifts the relationship by an entire generation and will produce incorrect conclusions about degree of kinship.
Why It Matters in Research
This term appears almost exclusively in texts engaging directly with Roman law or civil law systems that inherited Roman kinship classifications — primarily treatises on succession, intestate inheritance, and the *agnatic* and *cognatic* degrees of relationship that governed Roman inheritance. Researchers will encounter *patruus major* most often in: — Civil law treatises and commentaries working through the Digest's classification of relatives for intestate succession. — Historical English legal texts that borrowed or translated Roman kinship terminology when describing degrees of relationship for purposes of descent, wardship, or consanguinity. — Canon law materials addressing prohibited degrees of marriage, where Roman kinship nomenclature was frequently adopted. The principal research trap is assuming that the term carries the same operational legal weight in common law contexts that it carried in Roman law. English common law did not import the Roman kinship degree system wholesale; when English sources deploy terms like *patruus major*, they are typically doing so descriptively or for purposes of translation, not invoking a functioning Roman legal category. A researcher reading Bracton or Britton (Burrill cites Britton c. 87) should treat such terms as scholarly reference points rather than evidence of operative English doctrine. The Digest citation in Burrill (Dig. 38.10.10.16 and 38.10.1.7) anchors this term firmly in the title *De gradibus et adfinibus et nominibus eorum* — the Roman law title on degrees of relationship and their names. Any research into succession or kinship in Roman or civil law contexts should consult this title directly. Note that the matching encyclopedia entries provided contain no relevant material; this is a narrow Roman law kinship term with no meaningful connection to modern intellectual property, environmental law, or contemporary child support doctrine.
Historical Dictionary Support
Burrill's entry is the more useful of the two. It supplies the Digest citations, the alternative denomination (*propatruus*), and the bilateral scope of the term (paternal or maternal great-granduncle). It correctly situates the term within Roman law and provides a concrete genealogical anchor: *proavi frater*, the brother of one's great-grandfather. Black's entry is fragmentary as preserved — the phrase "father's brother. A great-grand-" appears to be a truncated rendition, likely compressed in transmission. This makes Black's unreliable as a standalone source for this term; Burrill should be treated as the controlling historical dictionary reference. Neither dictionary addresses the term's appearance in medieval English legal literature (Britton), which Burrill's citation to Britton c. 87 flags without elaboration. Researchers working on the reception of Roman kinship vocabulary in medieval English law will need to go beyond both dictionaries.
Jurisdictional Note
This term belongs to Roman and civil law systems. It has no operative role in modern common law jurisdictions. Its significance in research is historical and comparative. Civil law jurisdictions that code degrees of kinship numerically (as most modern civil codes do) have replaced this nomenclature with cardinal degree counts, rendering *patruus major* obsolete as a working legal category even within civil law systems.
Related Terms
Patruus (paternal uncle; first-degree collateral in Roman kinship) Patruus Magnus (grandfather's brother; great-uncle; intermediate degree between patruus and patruus major) Propatruus (alternative designation for patruus major) Avunculus (maternal uncle; the cognate term for the maternal line) Agnation (kinship traced through males; the primary Roman inheritance line) Cognation (kinship traced through either sex; broader Roman relationship category) Consanguinity (general term for blood relationship; the common law and canon law framework) Degrees of Kindred (the measurement system for kinship proximity in inheritance contexts) Intestate Succession (the operative legal context in which Roman kinship degrees most frequently appear)
PATRUUS MAJORmain
Black's Law Dictionary • 1891
father's brother. A great-grand-
PATRUUS MAJORmain
Burrill's Law Dictionary • 1870
Lat. In the Roman law. A greater uncle; a great grandfather's brother, (proavi frater;) a father's or mother's great uncle, (patris vel matris patruus magnus.) Dig. 38. 10. 10. 16. Called propatruus. Id. 38. 10. 1. 7. the book. Britt. c. 87. Adonques jurge le premer en cest manere, paumaunt evangelies; then shall the first (juror] swear in this manner, laying hand on the gospels. Id. c. 52.

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