RISCUS

4 definitions found across Law Mind sources

RISCUSAuthored
The Law Mind • 600 words
Definition
A Latin term from the civil law denoting a chest or trunk used for the keeping of clothing or personal goods. In its primary civil law sense, riscus described a portable storage container—essentially a clothes chest—relevant in legal contexts involving bequests, household inventories, and disputes over movable property. In old English pleading, the term appeared in the narrower but functionally similar sense of a trunk.
Common Confusion
Riscus is occasionally run together with general terms for strongboxes or money chests (arca, scrinium) in civil law sources. The distinction matters: riscus referred specifically to a container associated with clothing and personal effects, not to a coffer for valuables or documents. A bequest or pleading claim involving riscus carried different property assumptions than one involving arca.
Why It Matters in Research
Riscus is a narrow technical term of limited but specific utility. Researchers are most likely to encounter it in two contexts. First, in civil law sources—particularly Digest materials touching on legacies and bequests of household goods (res domesticae). The Digest provision at 34.2 addresses what passes under various legacy descriptions, and riscus appears there in the question of whether a chest for clothing falls within a bequest of vestimenta (garments) or suppellex (household furnishings). Getting this classification right was consequential: a legatee of vestimenta might or might not receive the chest that held them, depending on how the jurists classified the container. Researchers working on Roman succession law or property classification should note this ambiguity. Second, in old English pleading records. Burrill flags an appearance in Croke's Jacobean reports (Cro. Jac. 664), where the term surfaces in a pleading context as "trunk." Researchers reading early modern English legal manuscripts or printed reports may encounter riscus where a modern editor would simply write "chest" or "trunk." Misreading it as a term of art with Roman law freight, when the pleader may simply be using a Latin synonym for a piece of luggage, is a real trap. The term has no continuing life in modern Anglo-American law and does not appear in statutory or regulatory frameworks. Its research value is almost entirely historical and philological.
Historical Dictionary Support
Black's (1st and 2nd editions) give identical, minimal entries: "a chest for the keeping of clothing," attributed to Calvin's Lexicon Juridicum. This is accurate so far as it goes but strips out the legally operative context—namely, the Digest's treatment of riscus in the law of legacies—which is where the term actually did legal work. Burrill adds the more useful dimension: he distinguishes the civil law sense (chest for clothing, citing Calvinus) from the old pleading usage (trunk, citing Cro. Jac. 664), making clear that the term migrated into English legal Latin with a somewhat looser meaning. This is the more complete account. None of the three historical dictionaries engages with the Digest passage directly or explains why the classification of riscus mattered in succession disputes—a gap researchers should be aware of when relying on dictionary authority alone. The Latin dictionary sources (Terence, Digest 34.2.26, Jerome) confirm the term's classical and late antique pedigree and its consistent association with clothing storage rather than general valuables.
Jurisdictional Note
Riscus belongs to the vocabulary of Roman civil law and early modern English legal pleading. It has no jurisdiction-specific modern application. Researchers working in Scots law or mixed civil-common law jurisdictions may encounter it in older sources influenced by civilian tradition.
Related Terms
Arca — Scrinium — Suppellex — Vestimenta — Legacy — Bequest — Res Domesticae — Movables
RISCUSmain
Black's Law Dictionary • 1891
L. Lat. In the civil law. A chest for the keeping of clothing. Calvin.
RISCUSmain
Black's Law Dictionary (2nd Ed.) • 1910
L. Lat. In the civil law. A chest for the keeping of clothing. Calvin.
RISCUSmain
Burrill's Law Dictionary • 1870
L. Lat. In the civil law. A chest for the keeping of clothing. Calv. Lex. In old pleading. A trunk. Cro. Jac. 664.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In