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 ...

PARCENERS.

Parceners. If a partition be made between two Coparceners of one and the self same land,* 1.1 that the one shall have the land from Easter un∣till Lammas, and to her heirs; or the one shall have it the first year, and the other the second year alternis vicibus, there it ••s one self same land wherein two persons have severall Inhe∣ritances at severall times. So it is if two Copar∣ceners have two severall Mannors by descent, and they make partition, that the one shall have one Mannor for a year, and the other the other Mannor for the same year, and after that year, then she that had the one Mannor shall have the other, & sic alternis vicibus for ever.

If an Earl that hath his dignity to him, and his heirs dieth, having issue one daughter, the dignity shall descend to the daughter, for there* 1.2 is no incertainty, but only one daughter, the dignity shall descend unto her and her poste∣rity, as well as any other Inheritance: but where there be more daughters then one, the eldest shall not have the dignity and power of the Earl, that is to be a Countess, but the King who is the Sovereign of Honour and Dignity, may for the incertainty conferre the dignity up∣on which of the daughters he pleaseth. But

there is a difference between a dignity or name of nobility, and an Office of Honour. For if a man hold a Mannor of the King to be high Con∣stable of England, and die having issue two* 1.3 daughters, the eldest daughter taketh Husband, he shall execute the Office solely, and before mar∣riage it shall be executed by some sufficient Depu∣ty. But the dignity of the Crown of England is without all question descendible to the eldest daughter alone and her posterity, and so it hath been declared by Act of Parliament: for Regnum non est divisibile.

They are called Parceners, because by the Writ which is called De partitione facienda, the Law will compell them to make partition of the Land. There is an Action in the Civil Law very like to this, called Actio familiae here s∣cundae.

Notes

• * 1.1

  Cook on Lit. l. 1. c. 1. sect. 1.
• * 1.2

  Cook on Lit, l. 3. c. 1. sect. 241.
• * 1.3

  Id. ib.