Co. . Litt
Categories: Criminal Law
Definition (1910 Edition)
18646, 2290, 365c; Wing. Max. 752, max. 2038. A maxim applied to the practice of the courts, to the ancient and established forms of pleading and conveyancing, and to professional usage generally. Id. 752-755. Lord Coke applies it to common professional opinion. Co. Litt. 186a, 364).
564; Buyden v. Achenbach, 79 N. C. 539.
204a; 2 Crabb, Real Prop. p. 802, $ 2143. Ad effectum scquentcm, to the effect following. 2 Salk. 417.
119. :
1296. A person who, by reason of owing a permanent or temporary allegiance to a hostile power, becomes, in time’ of war, impressed with the character of an enemy, and, as such, is disabled from suing in the courts of the adverse belligerent. See 1 Kent, Comm. 74; 2 Id. 63; Bell v. Chapman, 10 Johns. (N. Y. 183; Dorsey vy. Brigham, 177 Ill. 250, 52 N.
162.
1610, 162c; State v. Buzzard, 4
159c. It was abolished by St. 3 & 4 Wm. IV. & 27.~Assise of novel disseisin. A writ of assise which lay for the recovery of lands. or tenements, where the claimant had been lately disseised.—Assise of nuisance. A writ of assise which lay where a nuisance had been committed to the complainant's freehold; either for abatement of the nuisance or for damages.—Assise of the forest. A statute touching orders to be observed in the king’s forests. Manwood, 3).—Assise rents. The certain established rents of the freeholders and ancient copyholders of a manor; so called because they are assised, or ‘made precise and certain.— Grand assise. A peculiar species of trial by jury, introduced in the time of Henry II., giving the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42, § 13.
36a; Broom, Max. 540.
122a; 2 Bl. Comm. 83.
336. Custom takes away the common law.
30a, . _— or
112b; Shep. Touch. 451; Broom,
95; Spelman.
558.
60; Best, Ev. Introd. § 48; 1 Greenl. Ev. § 20.
368.
152. The deed of one should not dart another.
5b;
361.—Feigned diseases. Simulated maladies. Diseases are generally feigned from one of three causes,—fear, shame, or the hope of gain.-Feigned issue. An issue made up by~ the direction of a court of equity, (or by consent of parties,) and sent to a common-law court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is’ unwilling, to decide. It rests upon a suppositious i a between the parties. See 3 BI. mm,
102a.
40.
40; Shep. Touch. 95.
50.
5; Johnson v. Rayner, 6 Gray (Mass.) 107.
9.
40.
5b.
352d. Impersonality neither coneludes nor binds.
124.
112. In contracts, the interpretation is to be liberal; in wills, more liberal; in restitutions, most liberal.
223a; 4 Kent, Comm. 131; Hob. 87.
174. The laws themselves require that they should be governed by right.
180e. Applied to protections.
293. _
5a.
1lle. Both terms, however, are now generally employed in drawing a will either of ands or chattels. See Reagan v. Stanley, 11
188. The eonatruction of law does no injury.
78d.
292. A lawsuit signifies every ac tion, whether it be in rem or in personam.
127. Mayhem is the least of great crimes, and the greatest of small.
5a.
lla. He says in another place: “A maxime is a proposition to be of all men confessed and granted without proofe, argument, or discourse.” Id. 67a.
365; Wing. Max. p. 748, max. 202.
124.
122).—Nativi conventionarii. - leins or bondmen by contract or agreement.— Nativi de stipite. birth or stock. Cowell.—Nativitas. Villenage; that state in which men were born slaves.
97.
253d. :
212aA. No one precedent is adapted to all cases. A maxim in conveyancing.
184. No other than the king can command the bishop to make an inquisition.
226d.
16. Plain truths need not be proved.
60. Strong presumption is full proof.
52.
205. Things which are inserted for the purpose of removing doubt hurt not the common law.
285a.
50.
161c. He that deprives a man of the mean by which he ought to come to a thing deprives him of the thing itself. Id; Litt. § 237.
289; Broom, Max. 685.
16lc. He who prevents another from entering upon land destroys the benefit which he has from it. Id.
160; 3 BL Comm. 146; Fitzh. Nat.
47a.
1510, n. 5.
65. Service, by the law of England, means the service which is due from the tenants to the lords, by reason of their fee.
40.
392.
1354.
5a.
5. God alone makes the heir, not man.
47a.
40.
61a.
37. Transgression is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure.
4b. See Simpson v. Coe, 4 N. HL 301.
2386; 3 Bl. Comm. 180. The writ of entry was abolished, with other real actions, in England, by St. 3 & 4 Wm. IV. c. 27, § 36, but is still in use in a few of the states of the Union. Sweet.-
100a.
100.
564; Buyden v. Achenbach, 79 N. C. 539.
204a; 2 Crabb, Real Prop. p. 802, $ 2143. Ad effectum scquentcm, to the effect following. 2 Salk. 417.
119. :
1296. A person who, by reason of owing a permanent or temporary allegiance to a hostile power, becomes, in time’ of war, impressed with the character of an enemy, and, as such, is disabled from suing in the courts of the adverse belligerent. See 1 Kent, Comm. 74; 2 Id. 63; Bell v. Chapman, 10 Johns. (N. Y. 183; Dorsey vy. Brigham, 177 Ill. 250, 52 N.
162.
1610, 162c; State v. Buzzard, 4
159c. It was abolished by St. 3 & 4 Wm. IV. & 27.~Assise of novel disseisin. A writ of assise which lay for the recovery of lands. or tenements, where the claimant had been lately disseised.—Assise of nuisance. A writ of assise which lay where a nuisance had been committed to the complainant's freehold; either for abatement of the nuisance or for damages.—Assise of the forest. A statute touching orders to be observed in the king’s forests. Manwood, 3).—Assise rents. The certain established rents of the freeholders and ancient copyholders of a manor; so called because they are assised, or ‘made precise and certain.— Grand assise. A peculiar species of trial by jury, introduced in the time of Henry II., giving the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42, § 13.
36a; Broom, Max. 540.
122a; 2 Bl. Comm. 83.
336. Custom takes away the common law.
30a, . _— or
112b; Shep. Touch. 451; Broom,
95; Spelman.
558.
60; Best, Ev. Introd. § 48; 1 Greenl. Ev. § 20.
368.
152. The deed of one should not dart another.
5b;
361.—Feigned diseases. Simulated maladies. Diseases are generally feigned from one of three causes,—fear, shame, or the hope of gain.-Feigned issue. An issue made up by~ the direction of a court of equity, (or by consent of parties,) and sent to a common-law court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is’ unwilling, to decide. It rests upon a suppositious i a between the parties. See 3 BI. mm,
102a.
40.
40; Shep. Touch. 95.
50.
5; Johnson v. Rayner, 6 Gray (Mass.) 107.
9.
40.
5b.
352d. Impersonality neither coneludes nor binds.
124.
112. In contracts, the interpretation is to be liberal; in wills, more liberal; in restitutions, most liberal.
223a; 4 Kent, Comm. 131; Hob. 87.
174. The laws themselves require that they should be governed by right.
180e. Applied to protections.
293. _
5a.
1lle. Both terms, however, are now generally employed in drawing a will either of ands or chattels. See Reagan v. Stanley, 11
188. The eonatruction of law does no injury.
78d.
292. A lawsuit signifies every ac tion, whether it be in rem or in personam.
127. Mayhem is the least of great crimes, and the greatest of small.
5a.
lla. He says in another place: “A maxime is a proposition to be of all men confessed and granted without proofe, argument, or discourse.” Id. 67a.
365; Wing. Max. p. 748, max. 202.
124.
122).—Nativi conventionarii. - leins or bondmen by contract or agreement.— Nativi de stipite. birth or stock. Cowell.—Nativitas. Villenage; that state in which men were born slaves.
97.
253d. :
212aA. No one precedent is adapted to all cases. A maxim in conveyancing.
184. No other than the king can command the bishop to make an inquisition.
226d.
16. Plain truths need not be proved.
60. Strong presumption is full proof.
52.
205. Things which are inserted for the purpose of removing doubt hurt not the common law.
285a.
50.
161c. He that deprives a man of the mean by which he ought to come to a thing deprives him of the thing itself. Id; Litt. § 237.
289; Broom, Max. 685.
16lc. He who prevents another from entering upon land destroys the benefit which he has from it. Id.
160; 3 BL Comm. 146; Fitzh. Nat.
47a.
1510, n. 5.
65. Service, by the law of England, means the service which is due from the tenants to the lords, by reason of their fee.
40.
392.
1354.
5a.
5. God alone makes the heir, not man.
47a.
40.
61a.
37. Transgression is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure.
4b. See Simpson v. Coe, 4 N. HL 301.
2386; 3 Bl. Comm. 180. The writ of entry was abolished, with other real actions, in England, by St. 3 & 4 Wm. IV. c. 27, § 36, but is still in use in a few of the states of the Union. Sweet.-
100a.
100.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.