PROFIGUA

2 definitions found across Law Mind sources

PROFIGUAAuthored
The Law Mind • 718 words
Definition
A Latin term from old English law referring to profits, particularly the "issues and profits" arising from an estate in land. Profigua denotes the yield or financial benefit produced by real property — the rents, revenues, and returns that flow from possession and use of a landed estate. The term appears most commonly in medieval and early modern English legal instruments, pleadings, and conveyancing documents where the productivity of land was at the center of legal rights and remedies.
Common Confusion
Profigua is closely associated with, but distinct from, related concepts in the profits-of-land cluster. "Issues and profits" is the idiomatic English phrase that profigua translates and represents; the two are functionally equivalent in historical sources, but researchers should not assume that modern uses of "issues and profits" always carry the precise medieval scope of profigua. The term should not be confused with "profits à prendre," which refers to a right to take something from another's land (timber, fish, game), rather than the revenue yield of one's own estate.
Why It Matters in Research
Structural pattern: historical evolution — this is a term largely confined to a discrete historical period of English law and its primary value to researchers is navigational in archaic sources. Researchers encountering profigua will almost certainly be working in pre-modern English legal materials: plea rolls, writs of account, early equity proceedings, or treatises from the Year Book era through the seventeenth century. The term does not appear in modern statutory or common law usage in any operative sense. The key navigational point is that profigua ties directly to the concept of "issues and profits" as a term of art in real property law — a phrase that defined what a lord, tenant, or remainderman was entitled to receive from land during a given period. In actions of account, the accountability of a bailiff or receiver was measured against the profigua of the estate. In disputes over wrongful dispossession, recovery might extend to the profigua lost during the period of ouster. Coke on Littleton (Co. Litt. 142), cited in Black's, is the primary doctrinal anchor. Researchers working backward from Black's gloss should consult Coke directly to understand how "issues and profits" was bounded — what counted as profit of the estate, what was excluded, and how the concept interfaced with seisin and livery. Coke's treatment reflects accumulated common law doctrine and is not merely definitional. Because profigua appears in Latin-language records, researchers should also be alert to variant spellings and forms in manuscript sources. Medieval legal Latin was not standardized, and clerks working from oral or dictated records introduced orthographic variation. Index searches limited to a single spelling may miss relevant entries. The term has no meaningful life in American law. Its appearance in American legal dictionaries is essentially a carryover from English legal lexicography and serves the purpose of glossing archaic sources rather than describing operative doctrine.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed., Supplemental) provides the only entry among the Law Mind shelf sources. The definition is spare — "profits; especially the 'issues and profits' of an estate in land" — with a single citation to Coke on Littleton at page 142. This is consistent with the term's character: it is a gloss term, useful for translation rather than doctrinal elaboration. No other historical dictionaries in the corpus appear to carry a dedicated entry for profigua, which reflects the term's narrow footprint. It was a technical Latin placeholder for a concept that English law quickly rendered in the vernacular phrase "issues and profits." Once that English phrase became standard, profigua retreated to the background of Latin-language instruments and remained there. The Black's entry does not address the procedural contexts in which profigua most commonly appeared (account, ejectment, dower), nor does it signal the term's temporal limits. Researchers should treat the Black's gloss as a starting point, not a complete picture.
Jurisdictional Note
Profigua is a term of old English law with no recognized operative use in any American jurisdiction. Its relevance is confined to historical English legal materials and to American legal scholarship engaging those sources.
Related Terms
Issues and profits Profits à prendre Account (action of) Seisin Ouster Mesne profits Rents and services Livery of seisin Issues (real property) Bailiff (historical)
Profiguamain
Black's Law Dictionary (2nd Ed.) - Supplemental • 1910
L. Lat in old Eng1i8h law. Profits; especially the “issues and profits” of an estate in land. See Co. Lltt. 142

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