Legal Definitions - gersum

Gersum is a historical legal term that refers to a payment made in specific contexts, primarily related to land tenure or as a penalty.

• 1. Payment for a Holding or Entry into Tenancy:

  Historically, "gersum" often referred to a sum of money or other valuable consideration paid by a tenant to their lord or superior upon taking possession of a piece of land or property. This payment was essentially an entry fee or a form of compensation for the right to occupy and use the holding, distinct from regular rent.

  • Example 1 (Initial Tenancy): Imagine a medieval farmer named Elara who wished to lease a plot of arable land from the local lord. Before Elara could begin cultivating the fields and building her dwelling, she would pay a "gersum" to the lord. This payment secured her right to occupy the land for the agreed term, separate from the annual rent or services she would also owe.

    Explanation: This illustrates "gersum" as the initial compensation paid by a tenant (Elara) to a superior (the lord) for the privilege of entering and holding the land.

  • Example 2 (Transfer of Rights): Consider a situation where a craftsman, Robert, sought to inherit his father's workshop and small garden plot upon his father's death. To formally recognize his claim and gain the lord's approval for the transfer of the holding, Robert might have been required to pay a "gersum" to the lord of the manor.

    Explanation: Here, "gersum" represents the payment made to a superior for the right to take over an existing holding, signifying the formal entry into possession or recognition of tenure.

• 2. A Penalty or Fine for an Offense:

  In another historical context, "gersum" could also refer to a fine or penalty imposed for an offense or a breach of custom or law.

  • Example 3 (Penalty): If a villager, Thomas, was found to have cut timber from the lord's forest without permission, he might be brought before the manorial court. As punishment for this transgression, the court could order him to pay a "gersum" to the lord, serving as a financial penalty for his offense.

    Explanation: This demonstrates "gersum" as a payment made as a penalty or amercement for committing an offense, in this case, unauthorized timber felling.