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 7, 2024.

Pages

TRESPASS.

Trespass. The Law adjudgeth every tres∣ass to be done with force and arms, therefore e Plaintiff, that saith the Defendant took his orse with force and arms, (though he came with∣ut weapon) saith truly that he took him with 〈…〉〈…〉rce, as the Law meaneth force. Dr. and Stu∣ent cap. 14.

If vi & armis be not in the Writ, it shall abate, 〈…〉〈…〉itz. nat. brev.

Page 228

The Law accounteth all to be vis, which is con∣trary to Ius. If I do but hawk or walk for my pastime or recreation over another mans ground, he may have his action of trespass against me, quare vi & armis, for though I meant no harm to him or his, yet I might not pass upon his grouad without Licence.

The form of a Writ for living things, as Horses,* 1.1 is coeperunt & abduxerunt, for a dead thing, coepe∣runt & asportaverunt.

Notes

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