A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

About this Item

Title
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
Author
Leigh, Edward, 1602-1671.
Publication
London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
1658.
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Subject terms
Law -- Terminology.
Link to this Item
http://name.umdl.umich.edu/A50063.0001.001
Cite this Item
"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

PRESCRIPTION.

Prescription, is three-sold, viz.

  • 1. Personall, as the Inhabitants of a Town may prescribe for a way, &c.
  • 2. Reall, as incident to an estate, as for a man to prescribe that he and they whose estate he hath had common, &c.
  • 3. Locall, as where a man doth prescribe that within such a Mannor, &c.

Prescription, is a title taking his substance of use,* 1.1 and time allowed by the Law, as I. S. seised of the Mannor of D. in see, prescribeth thus, that I. S. his Ancestors, and all those whose estate he hath in the said Mannor, have time out of mind of man had, and used to have Common of pasture in such a place, being the Land of some other, as pertaining to the said Mannor. This properly we call a prescription. Cook on Lit. l. 2. c. 10. sect. 170.

Prescription shall hold sometime against the King, in such things as a man may prescribe in,* 1.2 as one shall prescribe for wayse and straise against the King. The King may also outstay his time, if it be found the Tenant for term of life, hath forfeited his estate to the King, whereby the King ought to cease, if his grace sease not, but tarry till he be dead, so that he in the reversion entreth, he cannot then cease, so that maxim is not universally true, Nullum tempus occurrit Regi.

The Statute de praerogativa Regis, quòd nullum tempus occurrit Regi, is to be understood when

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the King hath an Estate or Interest certain and per∣manent,* 1.3 and not when his interest is specially limi∣ted; for the time is the substance of his title, and in such case ocurrit Regi.

Notes

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