Fortia

^or«a.

L.Lat.

In old European law. Force, usually of an unlawful character; {vis p Urumque ivjusta.) Spelman. The word occurs in this sense in the laws of the Bavarians, and Ripuarians. L. Boior. tit.

2, c. 10, § 1.

Z. Ripuar. tit. 11, § 3, cited ibid.

In old English law

Force used by an accessary, to enable the principal to commit a crime, as by binding or holding a person while another killed him, or by aiding or counselling in any way, or commanding the act to be done. Bract, fol.

188, 138 b.

Thus one might be appealed, that is accused, of the force, (appellatus de fortia,) and another of the fact, or act, {appellatus de facto.) Id. fol.

127 b, 128, 138 b, 189.

Ubi factum, ibipoterit esse forcia quandoque, sed nunquam forcia sine facto. Id. fol.

128.

According to Lord Coke, fortia was a word of art, and properly signified the furnishing of a weapon of force to do the fact, and by force whereof the fact was committed, and he that furnished it was not present when the fact was done.

2 Inst. 182.