Glossary of Technical Terms, Phrases, and Maxims of the Common Law

An old writ of right real

A bond to the sheriff, conditioned to deliver property levied on when demanded.

fraunk.T?-. Free.

A liberty; a vate person.

I. A Frenchman

I. Free; a freeman. Francus homo: a freeman.

Free alms; vices, without fealty, in themselves and their service was where certain the lord might distrain; complain to the ordinary. chase: free chase. demesne, lands in fee vice

I. A wood;

I. Brother. Frater father's side; uterinus, uterino non succedet shall not succeed a uterine Frater nutricius: a

Statute of. The Franc aleu: free, allodial land. privilege granted by the Crown to a pri-; an alien. freeholder. Francus bancus: free bench. Francus plegius: ^frankpledge. a kind o

fraunke,/c. Free. Fraunk homo: a freeman.

I. Fraud. Fraus est oelare fraudem: it is fraud to conceal fraud. Fraus est odiosa et non prsesumenda: fraud is odious, and will not be presumed. Fraus et dolus nemini patrocinari

preces, I. Day's-works, performed for the lord in harvest time by the tenants of certain manors.

/. To freight. Frectum: freight. Free alms: Frankalmoign. Free bench: dower in copyhold lands; usually a third or fourth part of the land, to be held dum sola et casta vixerit. Fre

which are of common is not a compilation of law, consists purely of definition. or Scotch terms have been the common-law courts. popular and usual acceptation same rough and genera

sax. An outlaw. Frendwit: a fine for succoring or harboring an outlaw.

/., Frentike, fr. A madman.

sax., Free burrow or borow. K frank -pledge.

/. The frequency of the act eifects much [continual usage establishes the right].

they are the only courts exercising equity powers, or having jurisdiction of appeals from courts of probate, of awards of land damages, and of divorce or matrimonial causes. In som

Recent disseisin; during the time of fresh disseisin (fifteen days) a man might right himself by force. Fresh fine: a fine of lands levied within a year past. Fresh force: deforcem

/. Fresh; uncultivated. Frisca fortia: fresh force.

/. Property. Proprietas plena: the title and the beneficial interest. Froprietas property, the bare title.

/. By protesting; •wordiS in a.

Lat. Fruit; fruits. Fructus rei alienae: the fruits of another's property — expenses, profits, rents. Fructus industriales: the fruits of industry, emblements; as crops of grain, e

I. In vain, to no purpose. Frustra est potentia quae nunquam venit in actum: a power which is never exercised is useless. Frustra fit per pliira, quod fieri potest per pauciora: it

I. A piece, or single tract, of land.

sax. A wood; a plain between woods; an arm of the sea.

Vassals; persons of wealth; frank-pledges.

fumage. A tax on chimneys. Fuer,/?-. To fly; flight.

/. He has made flight; whereby the goods of a person indicted for felony were forfeited.

sc. Outlawry.

In common law, twenty-one years; in civil law, twentyfive. Full blood; descent from both of two parents or married pair of ancestors; half-blood, descent from one only. Full court:

I. One who has performed or accomplished; discharged; Functus officio: one who has served his term of o£5oe; one whose authority has ceased.

/. We found [a corporation].

Consumable; measurable; that

I. To fork or divide, v. Fonrcher. Furiosi nulla voluntas est, I. A criminally responsible]. Furiosus man is as if absent [his presence is solo furore punitur: a madman is alone.

v. Covenant. A will execute any further deeds which complete the title.

I. A staff; delivered as a symbol

/. A stream of water; a flume.

gavel; Gablum, I.; Gafol, sax. post.

I., Gabel, gavel, Gafol, sax..

Security; a pledge. Gager,/r. To find security; to wage. law. Gaignage,^., Gainage. Wainage; profits

/r. Wales.

The emptying of a gaol V. Assize, Be bono et malo. Gaol a gaol through which prisoners are giving security to return.

garaunter,^. Warrant; to may be replaced in kind. evident thief, one caught: gallows and whip. madman has no will [is not absentis loco est: a madof no effect]. Furiosus punished b

garde, /r. Ward; custody; guardianship.

fr., Garrena, I. A warren.

Garnir,y5-. To warn; to summon;

A person warned, as not to ment, garnishing process: warning a or deliver goods to his creditor, but to and keep the goods till judgment; v. Ccaxtsat,fr. Warrant. Garrantie: warran

A yard; a little close. Gast,^. Waste. Gaster: to waste.

A right in land for the use or passage

Custom; toll; tax; rent. Gavelbred provisions, in kind.

Rent. A process for the recovery tenures; a kind of cessavit.

A species of socage tenure, the lands descend to all the sons, or heirs together; may be disposed of by will; do may be aliened by the heir at the age of curtesy is given of half t

gild, sax. A payment, tribute, or fine.

sax. A public meeting or assembly mote.

An agent in a particular for which he has general and usual powers. sit, average, damages, demurrer, occupant, partnership, tail, verdict: eral issue: a short plea denying in decla

/., Gentilhoiue,yr. Gentleman. bear arms; above the rank of yeoman.

gentz,/r. People; folk.

sax. A reeve; an officer.

I. To bear, to act, to behave. act as heir.

I. Of the whole blood; of the

sax. & I. A price; fine; reward

pi. Gesta, I. A deed; things done

/r. To throw; bring; cast. Gift A gratuitous transfer; a conveyance

sax. v. Oeld. Also, a fraternity; Gilda mercatoria, /.: a mercantile

A compotation where every one vulg. a " Dutch treat." Gilour,//-. A cheat; a deceiver. Giser,/r. To lie. Gisant: lying. Gist in the mouth. Cy git: here lies. Le action well lies.

The author of the treatise Be Angline, the most ancient book in the 1181, and containing the forms of writs

I. A glebe; church land; the addition to the parsonage. Gleba terrae

/. A gloss; an interpretation or

The statute of this name was of the reign of Edward I. (1278), providing giving a writ of cessavit to lessors of the heir an immediate writ of entry in alienated the land {in casu

A fine for a spiritual offeuce. mouey; v. Denarius dei.

Bankers' notes.

A species of probation abearing was bound more strictly peace; he was bound also to good acts contra bonos mores, as well as sideration: V. Consideration.

I. By degrees; by steps. Grammatica falsa non vitiat chartam, not vitiate a deed.

An extraordinary jury to try writs of right, introduced by ing previously triable only by battel. instrument whereby a ship is transferred bill of sale of a ship at sea. Grand jury

A bam, granary; a farm.

A gift; a conveyance; especially veyance without livery, as of an

/. Growing grain.

A sum paid in anticipation lease; a customary fine due from a of the lord.

/. Ereely, gratuitously. Gratis sertion.

I. Injury; grievance; the

The emblem of royal Chancellor or Lord Keeper.

Predial tithes; com, council V. Court, 3. issue, v. Day. God's penny: earnest-; a man bound to good than if bound to keep the behaviour, to refrain from contra pacem. Good con- /.

I. Bosom. In gremio legis: in the lap of the law.

t. Qrassum.

sax. Breach of the peace.

fr. Large; substance. En gros: at large; in substance. Grosse avanture: bottomry. Gros bois: timber.

v. Average.

Rent paid on a building lease; fee-farm rent.

A promise to answer for the payment or performance of another; a warranty; to warrant, v. Surety.

/. Ward; guardianship.

A keeper, protector. Guardian in chivalry: the superior lord, who, when the heir was under twenty-one, if male, or fourteen, if female, in knight-service, was entitled to the wards

guerra, /., Guerre, /»•. War. Guerpi,^. Abandoned; deserted. Guet,/r. Watch. Guet apous: an ambush. Gule of August The first of August.

brit. Maid's fee; a payment made to the lord of the marriage or incontinency of the daughter H.

In; within. Dans et retinens nil dat, I. One who gives and retains [possession] gives nothing; i. e. the title does not pass.

I. (That you have the body.) A name given to a number of writs having for their object to bring [a person to court, and particularly the Habeas corpus ad subjiciendum: a writ direc

The 31. Car. II. c. 2, providing the remedy by habeas corpus for a violation of personal liberty. Habemus optimum testem confltente'm reum, I. We have the best witness, a confessin

I. (To be held.) The clause of a deed defining the estate granted, containing the words of limitation. Habendum et tenendum: to have and to hold; to be had and held.