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 ...

RIGHT.

Right. Ius or right in generall signification includeth not only a ••ight for the which a writ* 1.1 of Right doth lie, but also any title or claim ei∣ther by force of a condition, Mo••••••ain or the like, for the which no Action is given by Law, but only an entry.

There is Ius proprietatis a right of ownership: Ius p••ssessionis, a ••ight of seis•• or possession: and Ius proprietatis & possessionis; a right both of pro∣perty

and possession; and this is antiently called Ius duplicatum. For example, if a man be disseised of an Acre of Land, the Disseisee hath* 1.2 Ius proprietatis, the Disseisor hath Ius possessionis, and if the Disseisee release to the Disseisor, he hath Ius proprietatis, & possessionis dormit aliquando Ius, moritur nunquam: for of such an high estima∣tion* 1.3 is right in the eye of the Law, as the Law preserveth it from death and destruction, troden down it may be, but never troden out.

Ius sive Rectum, signifieth properly and spe∣cially in Writs and in Pleas when an Estate is turned to a right, as by a discontinuance, dis∣sesin, where it shall be said, quod Ius descendit & non terra. But Right (also) doth include the Estate in esse in conveyances; and therefore if* 1.4 the Tenant in Fee-simple make a Lease for years, and release all his right in the Land to the Lessee and his Heirs, the whole estate in Fee-simple passeth.

Ius est sextuplex: 1. Ius recuperandi: 2. In∣tandi:* 1.5 3. Habendi: 4. Retinendi: 5. Percipiendi: 6. Pos∣sidendi.

Notes

• * 1.1

  Cook on Lit. l. 3. c. 8. sect 445.
• * 1.2

  Id. ib. sect. 447.
• * 1.3

  Id. ib. sect. 478.
• * 1.4

  Id. ib. c. 11. sect. 650.
• * 1.5

  Cook l. 8. Rep. Edw. Althams case. Cook on Lit. l. 3. sect. 50.