Legal Definitions - jus compascuum

Jus compascuum refers to a historical legal right that allowed multiple individuals or communities to graze their livestock on a designated piece of land, known as common pasture.

This right was particularly prevalent in historical agricultural societies where land ownership patterns often included communal access to certain resources. It ensured that even those with limited private land could sustain their animals by utilizing shared grazing areas.

• Example 1: Medieval European Village

  Imagine a small village in medieval England where several families lived and farmed. Each family might own a few cows or sheep, but their individual plots of land were too small to provide sufficient grazing. The village would often have a large, open field designated as a "common." All the villagers, by virtue of their residency or landholding, possessed the jus compascuum, allowing them to turn their animals out to graze on this common land alongside the livestock of their neighbors. This ensured that all families had access to pasture for their animals, which were vital for their livelihoods.

• Example 2: Early Colonial American Settlement

  In the early days of colonial America, when new towns were established, it was common practice to set aside a central "town common" or "village green." While settlers received individual plots for their homes and gardens, the larger livestock, such as oxen or dairy cows, often grazed on this communal land. Each household granted land within the settlement would typically also be granted the jus compascuum, giving them the right to use this common pasture for their animals. This shared resource was crucial for the economic viability of the nascent community.

• Example 3: Scottish Crofting Communities

  Historically, in parts of Scotland, particularly in the Highlands and Islands, crofting communities operated with a mix of private and communal land. Individual crofters (small-scale tenant farmers) had their own small plots of arable land, but they also held collective rights over larger areas of rough grazing land, often hill ground or moorland. Multiple crofters would collectively hold the jus compascuum over these shared grazing areas, allowing them to graze their sheep or cattle on a much larger expanse than their individual crofts could support. This communal right was fundamental to the crofting system, enabling the sustainable management of livestock across the community.