SUPERPLUSAGIUM

4 definitions found across Law Mind sources

SUPERPLUSAGIUMAuthored
The Law Mind • 713 words
Definition
In old English law, the amount remaining after a debt, account, or charge has been satisfied — the overplus, surplus, residue, or balance left over. The term describes the excess that accrues when what is owed has been fully discharged and something remains standing to the credit or benefit of a party. The concept most commonly appeared in the context of manorial accounts and feudal financial reckoning, where a reeve, steward, or other accountable officer might render accounts showing expenditures against receipts. If disbursements exceeded receipts, the officer owed the difference; if receipts exceeded disbursements, the superplusagium represented the balance owed back to him — or carried forward to the next accounting period. ---
Common Confusion
SUPERPLUSAGIUM vs. SURPLUS vs. RESIDUUM: All three terms can translate loosely as "what is left over," but they operated in distinct legal contexts. Surplus and residuum carried broader application in equity and estate practice. Superplusagium was specifically rooted in the language of manorial and feudal accounting, and its use in English legal literature is almost entirely confined to that historical register. A researcher encountering one of these terms in a primary source should not assume the others apply interchangeably. ---
Why It Matters in Research
This is a narrow, archaic Latin law term with virtually no modern doctrinal life. Its research value is almost entirely historical and textual. Researchers will encounter superplusagium primarily in two settings: (1) transcriptions of or commentaries on Bracton's De Legibus et Consuetudinibus Angliae, where the term appears in discussions of manorial accounting obligations; and (2) Spelman's Glossarium Archaiologicum, the standard early modern glossary of medieval Latin legal and ecclesiastical terms, which the historical dictionaries uniformly cite as the authoritative source. Note a minor bibliographic discrepancy worth flagging: Black's 1st edition and Burrill both cite Bracton at folio 301, while Black's 2nd edition cites folio 801. Given that Bracton's treatise does not extend to folio 801 in standard editions, the 2nd edition citation appears to be a typographical error — likely a transposition of "3" to "8." Researchers consulting the original Bracton should use folio 301. The term has no surviving statutory or common law doctrinal application. It does not appear in modern treatises on surplus, accounting, or restitution. Its presence in a document is a reliable signal that the source is medieval or early modern, and likely concerns manorial, feudal, or ecclesiastical financial administration. Researchers working with translated or summarized versions of Bracton should be aware that modern editors typically render superplusagium as "surplus" or "balance," collapsing the historical specificity of the Latin original. ---
Historical Dictionary Support
The four source dictionaries are in near-complete agreement. All define superplusagium as overplus, surplus, residue, or balance in the context of old English law, and all trace the term to Spelman's Glossarium. The Bracton citation appears in Black's (both editions) and Burrill, confirming the term's grounding in that foundational treatise. Rapalje & Lawrence's entry is notably garbled in the available text — the definition of superplusagium appears to have been typeset adjacent to an unrelated entry, producing a corrupted passage referencing "chief officer of a town" and "board of county officers." This is a printing artifact, not a genuine definitional claim. Researchers relying on Rapalje & Lawrence for this entry should treat it with caution and cross-check against Burrill or Black's. No source dictionary ventures beyond the three-word gloss (overplus, surplus, residue or balance) to offer any contextual or doctrinal elaboration. The historical dictionaries collectively treat this as a term of pure historical record rather than living doctrine — which accurately reflects its status even at the time those dictionaries were compiled. ---
Jurisdictional Note
Superplusagium is a term of medieval English law with no meaningful jurisdictional variation. It did not migrate into American common law as a term of art, and no American statutory or case law employs it. Researchers working in Scottish, Welsh, or Irish legal history may encounter cognate concepts in Latin administrative records, but the term itself is associated with the English manorial tradition. ---
Related Terms
Surplus · Residuum · Overplus · Accountant (manorial sense) · Compotus · Bracton · Spelman's Glossarium · Manorial law · Feudal tenure · Balance of account
SUPERPLUSAGIUMmain
Black's Law Dictionary • 1891
In old English law. Overplus; surplus; residue or balance. Bract. fol. 301; Spelman.
SUPERPLUSAGIUMmain
Black's Law Dictionary (2nd Ed.) • 1910
In old English law. Overplus; surplus; residue or balance. Bract. fol. 801; Spelman.
SUPERPLUSAGIUMmain
Rapalje & Lawrence • 1883
- Overplus; surStates, the chief officer of a town; one of plus; residue or balance. --Spel. Gloss. a board of county officers. See BOARD OF

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