SYLVA CEDUA

2 definitions found across Law Mind sources

SYLVA CEDUAAuthored
The Law Mind • 621 words
Definition
Sylva cedua (Latin) is a term from ecclesiastical law denoting woodland maintained specifically for the purpose of periodic cutting, where the trees, once cut, regenerate from the stump or root. The defining characteristic is the coppice or cut-and-regrow nature of the wood: it is cultivated not as standing timber for felling and removal, but as a renewable crop harvested on a regular cycle, with the root system left intact to produce new growth. The term matters primarily in the context of ecclesiastical property rights — specifically, disputes over whether a clergyman or church institution held the right to exploit or profit from woodland, and whether particular woodland fell within categories subject to tithe or other ecclesiastical obligations.
Why It Matters in Research
Researchers encountering sylva cedua in historical sources are almost always working within one of two contexts: ecclesiastical property disputes or tithe litigation. The distinction between sylva cedua (coppice wood, periodically harvested) and standing timber (mature trees removed permanently) carried legal consequences for what a life tenant, incumbent clergyman, or ecclesiastical institution was permitted to do with woodland under their care. Cutting sylva cedua was generally permissible as ordinary husbandry; felling mature timber was more likely to constitute waste. The term appears almost exclusively in pre-modern English legal and ecclesiastical sources. Researchers using Law Mind sources should not expect modern case law or statutory treatment — this is a term of historical record, and its relevance today is confined to interpreting old title documents, glebe records, ecclesiastical surveys, and tithe disputes arising from medieval or early modern church property arrangements. A key research trap: the word "sylva" alone appears in various Latin legal phrases with different meanings. Do not conflate sylva cedua with silva caedua as it sometimes appears in variant spelling, nor with general references to silva or forestum. Each term occupied a distinct place in the taxonomy of wood and forest rights under English law. Connection to broader corpus: this term sits at the intersection of ecclesiastical law, property law, and the law of waste — researchers will need to move across those bodies of doctrine to fully contextualize a dispute involving sylva cedua.
Historical Dictionary Support
Black's Law Dictionary provides the only dictionary treatment in the Law Mind corpus. Its definition is concise and accurate: wood of any kind kept on purpose to be cut, which regrows from the stump or root after cutting. Black's cites Lyndwood's Provinciale and Reeve's History of English Law — both appropriate authorities for a term grounded in ecclesiastical and medieval common law. What Black's does not do is explain the legal consequences that flowed from a finding that woodland was sylva cedua rather than timber. The significance of the classification — for tithe liability, for waste doctrine, for the rights of incumbents during their tenure — must be reconstructed from the underlying treatise sources Black's cites, not from the dictionary entry alone. Lyndwood's Provinciale, a fifteenth-century compilation of English ecclesiastical law, is the primary authority; Reeve's History of English Law provides the common law context. No other historical dictionary in the Law Mind corpus addresses this term, which reflects both its narrow ecclesiastical application and its obsolescence in modern legal usage.
Jurisdictional Note
Sylva cedua is a term of English ecclesiastical law with no recognized counterpart in American law. Researchers working in U.S. sources will not encounter it in operative legal contexts. It is relevant only to English legal history and to the interpretation of historical English ecclesiastical records, glebe terriers, and tithe instruments.
Related Terms
Waste (law of) | Timber | Coppice | Glebe | Tithe | Ecclesiastical law | Life tenant | Forestum | Silva | Estovers
SYLVA CEDUAmain
Black's Law Dictionary • 1891
Lat. In ecclesias- tical law. Wood of any kind which was kept on purpose to be cut, and which, being cut, grew again from the stump or root. Lynd. Prov. 190; 4 Reeve, Eng. Law, 90.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In