Legal Definitions - clausum

Historically, clausum refers to something that is "closed" or "enclosed." In legal contexts, it primarily had two meanings:

• An enclosed piece of land, often distinguished from open or common land. This concept was fundamental to early property law and actions like trespass.
• Something private or sealed, such as a "close writ," which was a sealed letter from a sovereign containing private instructions, not intended for public disclosure.

Here are some examples to illustrate the concept of clausum:

• Example 1: A Fenced Pasture

  Imagine a farmer in a historical setting who owns a specific pasture, clearly marked and enclosed by a sturdy fence. This defined, enclosed area of land would be considered a clausum. If a neighbor's livestock were to break through the fence and graze on this private land without permission, it would constitute a trespass against the farmer's enclosed property.

  This example illustrates clausum as a distinct, enclosed parcel of land, emphasizing its private nature and the legal protection against unauthorized entry.

• Example 2: A Confidential Royal Decree

  Consider a situation where a monarch sends a sealed letter to a specific military commander, containing secret orders for a strategic maneuver. This letter is explicitly marked as confidential and is not to be opened or read by anyone else. This private, sealed communication is analogous to a "close writ," a historical document that would have been considered clausum due to its confidential and non-public nature.

  This example demonstrates clausum in the sense of something being closed, private, or confidential, intended only for the designated recipient and not for general knowledge.

• Example 3: A Walled Garden Estate

  In a medieval manor, the lord's private garden, surrounded by high walls and accessible only through a locked gate, would be a prime example of a clausum. This area was exclusively for the lord's use and enjoyment, separate from the common fields or public pathways. Any unauthorized person found within the walls would be infringing upon the lord's private, enclosed domain.

  This example highlights clausum as a distinct, privately owned and enclosed area of land, reinforcing the idea of exclusive possession and the legal implications of infringing upon that enclosure.