pedigree

One of the witnesses said he died in the islands. Another witness stated, that before 1797, she resided in St Domingo, and lived on a plantation near that of J. B. Chirac (the intestate); that she heard in St Domingo, that his brother came to the intestate's residence there, and it was publicly reported in the neighbourhood, that the said brother had died; that she heard this at the house of a friend where the intestate visited, and heard it very often, and that it was generally stated as a fact.

A succession of degrees from the origin. It is the state of the family as far as regards the relationship of the different members, their births, marriages, and deaths. This term is applied to persons or families who trace their origin or descent. PEDIS ABSCISSIO (Lat.)

In old criminal law. The cutting off a foot; a punishment anciently inflicted instead of death. Fleta, lib. 1, c. 38. PEDIS POSITIO (Lat. a planting or placing of the foot). A term used to denote an actual corporal possession. Possessio est quasi pedis positio, possession is, as it were, a planting of the foot. 3 Coke, 42; 8 Johns. (N. Y.) per Kent, C. J.; 5 Pa. St. 303; 2 Nev. & M. 343. See "Pedis Possessio." PEDIS POSSESSIO (Lat.) A foothold; an actual possession. To constitute adverse possession, there must be pedis possessio, or a substantial inclosure. 2 Bouv. Inst, note 2193; 2 Nott. & McC. (S. C.),343.

A succession of degrees the rights reserved by Magna Carta. 4 Bla. from the origin: it is the state of the family Com. 349. as far as regards the relationship of the The nobility of England, though of differdifferent members, their births, marriages, ent ranks, viz., dukes, marquesses, earls, visand deaths. This term is applied to persons counts, and barons, are equal in their privior families who trace their origin or descent. leges of sitting and voting in the house of On account of the difficulty of proving in lords; they are called peers of the realm. the ordinary manner, by living witnesses, They are created by writ summoning them facts which occurred in remote times, hearto attend the house of lords by the title Insay evidence has been admitted to prove a tended to be given, or by letters patent dipedigree: As declarations of deceased perrectly conferring the dignity. The former is sons who were related by blood or marriage the more ancient way; but the grant by patmay be given in evidence in matters of pedi- ent is more certain. See 'Sullivan, Lect. 19 gree; Ftilkerson v. Holmes, 117 U. S. 397, 6 a; 1 Wood. Lect. 37. Sup. Ct. 780, 29 L. Ed. 915. See Rawle, In 1856, Baron Parke was created a life Covenants § 17 N. 1; Warv. Abs. of Title peer; the house of lords decided that a 33, 313. See Declaration; Family Bible; life peer could not sit and vote in parlia- Hearsay. ment. The pedigree of a dog may be shown by Bishops who sit in parliament are Its registration; Citizens’ Rapid T. Co. v. peers; but the word spiritual is generally added; Dew, 100 Tenn. 317, 45 S. W. 790, 40 L. R. e. g. “lords temporal and spiritual.” 1 A. 518, 66 Am. St. Rep. 754. Sharsw. Bla. com. 401*, n. 12. certain peers holding judicial office, whose peerage is a life peerage only. Scotch and Irish peers are not entitled to sit in the lords, but sixteen representative Scotch peers are elected to each parliament, and twenty-eight Irish peers are elected to sit in the lords for life. A peerage is not transferable, except with consent of parliament; id. Succession to the title is destroyed by attainder; see 1 Bla. Com. 412*. A peerage cannot be surrendered, extinguished, or in any way got rid of unless the blood be corrupted; [1907J A. C. 10. When an English peer has been adjudicated a bankrupt, he cannot sit in the house of lords; he loses no other privilege thereby. When the bankruptcy is determined he may resume his seat. If he obtains his discharge with a certificate that bankruptcy was the result of misfortune, the disqualification may be removed. But in the case of Scotch or Irish representative peers in the house of lords, bankruptcy not determined within a year vacates their seat. A member of the house of commons, when he becomes an English or Scotch peer is disqualified to sit in the commons. Peers formerly could vote by proxy, but the right was suspended by a standing order in 18G8. If a resolution is passed contrary to the sentiment of any member of the house, he may “protest” and enter his dissent on its journal. See Protest. As to the trial of peers, see tit. Lord High Steward, in 8 Encyc. Laws of Eng.; Ilarcourt, The Lord Stewart; Round, Peerage; Pike, Constit. Hist, of H. of L.; Court of the Lord High Steward.; Parliament. PEINE FORTE ET DURE (L. Fr.L A punishment formerly inflicted in England on a person who, being arraigned of felony, refused to plead and put himself on his trial, and stubbornly stood mute. A jury was impanelled to try whether he stood “mute of malice,” or “mute by the visitation of God,” and if the latter the trial proceeded; but if the former the prisoner was solemnly warned by the judges of the terrible consequences described by Lord Coke, in the trial of Sir Richard Weston in 1615 for the murder of Sir Thomas Overbury, by the words — opere, frig ore, et fame. Warnings were given ( trina admonitio) and time was given for reflection and often the unfortunate was subjected to entreaties of friends and others, but if he remained obdurate he was adjudged to suffer the sentence of penance, or peine (which is said by Blackstone to be a corrupted abbreviation of prisone ) forte et dure. The judgment was that he return from whence he came, tq a low dungeon into which no light could enter; covered, his arms and legs drawn apart by cords tied to posts, a sharp stone under his back, and as much weight of iron or stone as he could hear, or more than he could bear, placed on his chest. He was to have the next day three morsels of barley bread, without drink; the next, three draughts, as much each time as he could drink, of the nearest stagnant water to the prison, without broad; and such was to be his diet on alternate days, till he died. This punishment was vulgarly called pressing to death; 4 Bla. Com. 324; Cowell; Britton c. 4. fol. 11*. This punishment dates back to a period between 31 Kdw. III. and 8 lien. IV.; 4 Bla. Com. 324; Year B. 8 Hen. IV. 1. It did not at first include the pressing. Originally when asked how he would be tried the accused must choose between a trial “by God” (by ordeal) and “by my country” (by jury). After the former method of trial was abolished about 1215 the other method remained a privilege to be claimed and in those days the idea did not occur to any one of trying a prisoner by jury without his consent. By standing mute a prisoner put the court in difficulty, and at first he was put to death for not consenting to bo tried “according to the law and custom of the realm.” This was thought too severe and in the Parliament of Westminster under* Edward I. there was provided for notorious felons confinement in prison forte et dure; w Tiicb included all possible harsh features except death. Then to conquer obduracy, starvation was resorted to; but this being too slow, under Ilenry IV. the peine was substituted for the prison. It continued until 1772 although occasionally something stronger than exhortation was resorted to, as tying up by the thumbs in the presence of the court, at the Old Bailey in 1734. It only ended when standing mute, by statute, in England, became equivalent to a confession or verdict of guilty; 12 Geo. III. c. 20; but in 1827 it was enacted “that in such cases a plea of not guilty should be entered for the accused.” The obvious effect of standing mute was to avoid the forfeiture of goods consequent upon conviction of felony and the results of corruption of blood, by an attainder, in case of capital felony. Often, indeed usually, in treason cases certainly, conviction was sure and the fortitude required to endure this death by torture would save his children or other heirs from disinheritance. Great numbers did in fact undergo the punishment which was recorded by the clerk’s entry or record, “mortuus en pen’ fort’ et dur’.” The number in rural Middlesex alone in 1600- 1618 was thirty-two, of whom three were women, and peers were not protected from it by their privilege. A case is recorded in the last year of George I. and one at least ment has even been inflicted in this country is that of Giles Cory, of Salem, who refused to plead when arraigned for witchcraft; Washb. Jud. Hist. 142; 1 Chandl. Cr. Tr. 122. See Jacob, Law Diet.; 4 Bla. Com. 324; 15 Viner, Abr., Mute.

The lineage, descent or succession of families. All authorities agree that this may be proved by reputation, that is, by hearsay. The term embraces not only descent and relationship, but also the facts of birth, marriage, and death, and the times when those events happened." In order to come within the exception to the rule which excludes hearsay evidence, the question of pedigree itself must be in issue; and alleged declarations must have been made before the question arose." See Hearsay.