PERGEPTURA

2 definitions found across Law Mind sources

PERGEPTURAAuthored
The Law Mind • 622 words
Definition
A pergeptura is a structure or designated place in a river, constructed by means of banks, dams, weirs, or similar artificial works, built for the purpose of preserving fish and facilitating their capture. The term appears in old English records and refers specifically to managed fishing infrastructure — a controlled environment within a waterway engineered for both the conservation and taking of fish.
Why It Matters in Research
Pergeptura is a term of narrow historical and archaic scope. Researchers will encounter it almost exclusively in medieval or early modern English records — land grants, estate surveys, manorial rolls, and similar documents where riparian rights and fishing privileges were enumerated as property interests. It does not appear in modern legal usage. The primary research trap is terminological overlap. Documents from the same period use weir, wear, piscary, fishery, and related terms with overlapping but not identical meanings. Pergeptura appears to refer specifically to a constructed and managed facility — combining the physical infrastructure (banks, dams) with the functional purpose (fish preservation and taking) — rather than a bare riparian fishing right. Researchers distinguishing between a right to fish (piscary) and a physical installation for fishing should treat pergeptura as belonging to the latter category. Because the term is drawn from old records rather than from any systematic legal treatise tradition, its appearances will tend to be incidental — listed among appurtenances to a manor or among the physical features of a watercourse. Researchers working in property histories, riparian rights, or the history of fisheries law should note this term as a marker for structured fishing infrastructure distinct from a simple water right.
Historical Dictionary Support
The sole dictionary source for this term is Black's Law Dictionary (2nd Ed., Supplemental), which defines it as "a wear; a place in a river made up with banks, dams, etc., for the better convenience of preserving and taking fish," attributing the definition to Cowell — a reference to John Cowell's Interpreter (1607), a glossary of legal and antiquarian terms widely relied upon by later dictionary compilers for obscure Latin and Old English terminology. No other major historical legal dictionaries in the standard reference corpus — including Bouvier, Tomlin's, or Jacob's — appear to carry this term independently, suggesting that its circulation in legal reference literature flows from a single antiquarian source. This limits cross-verification. Researchers should treat Cowell-derived definitions with appropriate caution: Cowell's Interpreter was a work of early seventeenth-century scholarship drawing on medieval sources, and his glosses sometimes conflate terms or reflect usage that was already archaic in his own time. The equation of pergeptura with "wear" (weir) in Black's is useful as a functional analogy but may obscure distinctions. A weir in later English riparian law became a term of art with specific legal implications for water rights, obstruction of navigation, and fishery privileges. Whether pergeptura carried all the same legal freight in the old records where it appeared, or whether it described simply the physical construction, cannot be resolved from dictionary evidence alone and would require examination of the original records in context.
Jurisdictional Note
This term has no modern jurisdictional application. It belongs to the legal vocabulary of pre-modern English property and riparian records and would not be operative in any current common-law jurisdiction.
Related Terms
Weir (wear) — the functional equivalent identified in Black's Piscary — the right to fish in another's waters; a related riparian privilege Fishery — the broader legal category encompassing rights and places for fishing Riparian rights — the modern legal framework governing use of waterways Appurtenance — old records often list pergeptura as an appurtenance to real property
Pergepturamain
Black's Law Dictionary (2nd Ed.) - Supplemental • 1910
In old records. A wear; a place in a river made up with banks, dams, etc., for the better convenience of pre-serving and taking fish. Cowell

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