PRECARIE

2 definitions found across Law Mind sources

PRECARIEAuthored
The Law Mind • 805 words
Definition
Precarie (also spelled precariae) were obligatory labor services owed by tenants to their manorial lords, specifically consisting of day-work performed during harvest time. Under the feudal system, tenants holding land from a lord were frequently bound by the terms of their tenure to provide agricultural labor at critical points in the agricultural calendar, harvest being the most economically urgent. These services were compulsory despite the name's surface suggestion of voluntary petition — the tenant's obligation arose from the conditions of land tenure, not from any act of personal supplication. The term belongs to the broader category of customary services and incidents of villeinage and copyhold tenure, through which lords extracted labor value from dependent tenants as a form of rent in kind.
Common Confusion
The word precarie is easily confused with the related term precarium, which in Roman and civil law denoted a grant of property or use revocable at the grantor's will — something given upon request and held at the pleasure of the giver. Both words share a Latin root suggesting entreaty or request (prex, precis). The confusion is understandable but significant: precarium describes a precarious possessory relationship, while precarie describes a specific category of labor obligation in the English manorial system. A researcher encountering either term in a historical document must attend carefully to context to determine which concept is at issue.
Why It Matters in Research
Precarie appears almost exclusively in sources dealing with English feudal and manorial law, particularly texts addressing villein tenure, customary tenure, and the structure of manorial obligations. Researchers working with medieval or early modern English land records, manor rolls, extents, or surveys will encounter this term and its variants as part of the larger vocabulary of tenant services. Several navigational points deserve attention: First, the term is rare even in historical legal sources. Bouvier cites Cowel (John Cowell's Interpreter, first published 1607) as his authority, meaning the chain of authority here runs through a seventeenth-century legal glossary drawing on even earlier customary practice. Researchers should be alert to the possibility that usage varied by manor and region, and that local records may spell the term differently or deploy it with slightly different scope. Second, precarie sits within a cluster of harvest-related labor obligations that historical sources do not always carefully distinguish. Boon-work (sometimes called benes or precarie) was harvest labor; week-work was ongoing labor throughout the agricultural year. The two categories are legally and practically distinct, and conflating them in reading manorial records produces error. Third, as feudal tenure was progressively abolished or converted — copyhold tenures formally extinguished in England by the Law of Property Act 1922 — precarie became a purely historical term. It has no operative legal significance in modern law. Researchers will encounter it only in historical materials, legal history scholarship, and glossaries of feudal terminology. Fourth, the term connects directly to the larger evidentiary record of manorial extents and surveys (such as those preserved in the Hundred Rolls or individual manor surveys), where these harvest obligations were carefully enumerated as part of the lord's customary revenue. Understanding precarie is essential to reading those sources accurately.
Historical Dictionary Support
Bouvier's Law Dictionary defines precarie simply as "day works which the tenants of certain manors were bound to give their lords in harvest time," citing Cowell. This is a minimal but accurate entry — Bouvier does not elaborate, and for practical purposes his entry is a direct transmission of Cowell's gloss. The brevity reflects the term's narrow technical scope and its already-archaic status by the time Bouvier was writing in the nineteenth century. Historical sources are largely silent on the internal structure or legal incidents of precarie beyond the basic definition. Cowell's Interpreter remains the principal early modern authority. Researchers seeking greater depth must turn to treatises on villeinage and manorial custom — Bracton's De Legibus et Consuetudinibus Angliae and later work by legal historians such as Frederic William Maitland address the broader system of customary services of which precarie formed a part, though they may not use this precise term extensively. No significant divergence exists among the historical legal dictionaries that address this term; the scarcity of entries itself signals that the term was recognized as specialized and archaic even by early modern commentators.
Jurisdictional Note
Precarie is a term of English feudal and manorial law. It has no recognized equivalent or application in American law, Scottish law, or the civil law tradition (where precarium carries the distinct Roman meaning noted above). Researchers encountering this term outside the English manorial context should treat any such usage with caution.
Related Terms
Precarium — Villeinage — Copyhold — Customary tenure — Boon-work — Week-work — Feudal tenure — Incidents of tenure — Manor — Extent (manorial survey) — Services (feudal) — Villein — Socage
PRECARIEmain
Bouvier's Law Dictionary • 1928
Day works which the tenants of certain manors were bound to give their lords in harvest time. Cowel.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In