SUMAGE

3 definitions found across Law Mind sources

SUMAGEAuthored
The Law Mind • 541 words
Definition
A toll or charge levied for the carriage of goods or persons on horseback. Sumage was a feudal-era impost collected in exchange for the privilege of transporting goods by packhorse across a lord's land or through a jurisdiction. It belonged to the broader family of transit tolls — charges exacted not for the goods themselves but for the act of passage or transport.
Why It Matters in Research
Sumage is an archaic toll term with no surviving operational significance in modern law. Researchers will encounter it almost exclusively in historical legal sources dealing with feudal tenure, manorial obligations, and the medieval system of tolls and customs. It appears in discussions of market rights, highway law, and the various exactions that lords and municipalities could levy on travelers and merchants. When researching historical toll systems, researchers should be aware that the medieval and early modern periods produced a dense vocabulary of overlapping transit charges — sumage, pontage, pavage, passage, lastage, stallage, and others — each technically distinct but frequently conflated in primary sources. Distinguishing between them requires close attention to the specific transaction: what was being moved, by what means, over what kind of infrastructure, and under whose authority. Sumage's defining characteristic, carriage on horseback, sets it apart from tolls tied to wheeled vehicles or waterborne transport, but period documents do not always maintain these distinctions rigorously. Cowell's Interpreter is the authority most cited by both editions of Black's for this term, which signals that its primary documentary life is in legal antiquarian reference rather than in case law or statute. Researchers working in English manorial records, borough customs, or the history of road and market regulation will find the term meaningful; those working in any modern legal context will not.
Historical Dictionary Support
Both editions of Black's Law Dictionary define sumage identically and briefly: a toll for carriage on horseback, attributed to Cowell. The entry is a pure antiquarian gloss — no case law, no statutory context, no doctrinal development. The second edition places the term amid a cluster of Latin maxims beginning with "Summa," which appears to be an artifact of alphabetical arrangement rather than substantive connection. Those maxims concern the supremacy of justice and religious law and have no relationship to sumage as a toll concept. Neither edition of Black's attempts to situate sumage within the broader taxonomy of feudal tolls, nor do they trace its appearance in English statutes or yearbooks. Cowell's Interpreter (1607) remains the most accessible historical source for the term in its legal sense, and researchers needing depth beyond Black's brief entry should consult that work directly, along with secondary treatments of medieval English market and highway law.
Related Terms
Pontage — toll for passage over a bridge Pavage — toll for use of a paved road Passage — toll for passage through a gate or over land Lastage — toll on goods carried to market Stallage — toll for the right to erect a stall at a fair or market Toll — parent concept; the general category of transit and market charges Manorial rights — the feudal framework within which sumage operated Cowell's Interpreter — primary antiquarian source for the term
SUMAGEmain
Black's Law Dictionary • 1891
back. Cowell. be his judge. A conviction reached on such a magistrate's trial is called a "summary con- viction." Brown.
SUMAGEmain
Black's Law Dictionary (2nd Ed.) • 1910
Toll for carriage on horseback. Cowell. Summa caritas est facere justitiam singulHis, et omni tempore quando ne=- cesse fuerit. The greatest charity is to do justice to every one, and at any time whenever it may be necessary. 11 Coke, 70. Summa est lex quz pro religione facit. That is the highest law which favors re ligion. 10 Mod. 117, 119; Broom, Max. 19. Summa ratio est quz pro religione facit. That consideration .is strongest which determines in favor of religion. Co. Litt. 8414; Broom, Max. 19. SUMMARY, n. An abridgment: brief; compendium; also a short application to a court or judge, without the formality of a full proceeding. Wharton. SUMMARY, adj. Immediate; peremptory; off-hand; without a jury; provisional; statutory. ~—Summary actions. In Scotch law. Those which are brought into court not by summons, but by petition, corresponding to summary Pp ings in English courts. Bell: Brown. -—Summary conviction. See CONVICTION. —Summary jurisdiction. See JuRISDICTION.—Summary procedure on bills of exchange. This ahtabe refers to the statute 18 & 19 Vict. c. 67, passed in 1855, for the purpose of facilitating the remedies on bills and noteg by the prevention of frivolous or fictitious defenses. By this statute, a defendant in an action on a bill or note, brought within six months after it has become payable, is prohibited from defending the action without the leave of the court or a judge. See 2 Steph. Comm. 118, note; Lush, Pr. 1027.—Summary proceeding. PROCEEDING.

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