Frederic Jesup Stimson.

A concise law dictionary of words, phrases, and maxims : with an explanatory list of abbreviations used in law books online

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court or before commissioners appointed by dedimus poUsUUemy that
the lands were the property of the cognizee. Then followed the note
of the fine, an abstract of the writ of covenant and the concord,
which was enrolled in the proper office; and the foot of the fine, con-
taining the whole matter, engrossed in indentures by the chirographer,
and delivered to the cognizor and cognizee. There were four kinds
of fines, sur cognizance de droit come ceo que il ad de son done (fr.) :
a fine upon the acknowledgment of the right which the cognizee hath
by; a feoffment of record; sur cognizance de droit tantum, upon
acknowledgment of right merely; sur concessitt upon grant, by ac-

Digitized by



knowledgment of a grant de novo, but of no precedent right; and sur
don, grant, et render, upon gift, grant, and render, a combination
of the first and third kinds.

Fine force, fr. Absolute necessity.

FInem facere. To fine or pay a fine.

Finis, I. An end, or limit; a fine.

FIrdfare, Firdwite. See Febdfarb.

Fire bote. See Bote. Fire ordeal: trial by red-hot iron, either by tak-
ing a piece in the hand or by stepping blindfold and barefoot over
nine red-hot ploughshares; see Thayer Ev. 84*

Firm. The members, collectively, of a partnership.

Firma, L A farm, or rent; see Farm. Firmaratio: the right of a tenant
to his lands and tenements. Firmarius: afermor. Firma alba: white
rent. Firma feodi: fee-farm.

First-fruits. The first year's profits of a spiritual living, due anciently
to the Pope.

Fisc The treasury of a prince or state. Fiak, sc.; the revenue; the
forfeited goods of a rebel.

Fiscal. Belonging to the fisc, or treasury; eee 27 La. Ann, $9.

Fish royal. Whaloy porpoise, or sturgeon; which, when thrown ashore,
belonged to the King.

Fistuca, L A staff; a wand delivered as a symbol of property.

Fitz, /r. Son; a son.

Fitzherbert. A law writer, tempo Henry VIII., author of a Grand
Abridgment of the year-books and of the new Natura Brevium
[F. N. B.], a treatise on the writs then existing; see Reqistrtth
bsevium; Natura brevium.

Fixture. A chattel so fixed or fastened to the land or building as to
become real property; see 96 Ala, 77; Rob. El. L. Rev. ed., § 66,

Flagrans, {. Raging; in perpetration.

Flagrante bello, I. Diuing actual war. Flagrante delicto: in the heat
of the offence; in the very set; see 4 Bl. Com. S07.

Fledwit, Fligfatwite. 1. A fine paid by an outlaw for pardon. 2. A
discharge from amerciaments when an outlawed fugitive came to the
King's peace of his own accord.

Fleet. A prison in London; formerly of the Courts of Chancery, Ex-
chequer, and Common Pleas.

Fleet books. The records of marriages performed in Fleet Prison,
London, between 1686 and 1754.

Flem, sax. An outlaw; a furtive. Flemenesfirinthe: receiving a fugi-
tive. Flemeneswite: a fine imposed on an outlaw.

Fleta. A treatise on the law founded chiefly on Bracton, and supposed
to have been written tempo Edward I. by some learned lawyer at
that time confined in the Fleet prison. Appended to it is a small
French tract entitled Fet assavoir.

Fletiiy flet| M«. Land; a house.


Digitized by



Flichwite. A fine imposed for brawling or quaireHing.

Float A certificate authorizing the occupation of land.

Floating capital. Money or material set aside to meet current ezpenses.

Flotages. ThingiB which float by accident on the sea or navigable

Flotsam. Goods floating on the water, lost from a wreck. Jetsam:

goods thrown from the ship. Ligan: goods sunk and buoyed; see

1 Bl. Com. 292,
Fluctus. Flood; flood tide.
Flumen. The right to turn rain water, from a spout, on the lands of

Pluvious. Flood tide; a large river.
Focage. Firebote; housdbote.
Focale, L Firewood; fuel.
Foderum. Fodder.
Foedus, {. A compact.
Foemina vero co-operta. A married woman.
Foenus nauticum, L Marine interest; a high rate paid on ship loans;

see Bottomry.
Foesa. Herbage; grass.

Foeticide. The act of causing a criminal abortion.
Foetura. The produce of animals, or other property.
Foetus. An \mbom child.
Foi. Fealty.

Fois, foitz, ft. Time; times.
Foiterers. Vagabonds.
Folc land, SOX. The land of the people; see Booland. Polcmote f61cg»-

mote: a popular assembly; a county court. Folo-rigfat: the common

right of the people; see 1 BL Com, 66,
Fold-course. The right to fold cattle on another's land.
Folgarii, folgers. Menial servants.
Folio. A leaf. A page containing seventy-two, or, in Chancery, ninety

words; in America, usually one hundred; eee S8 Mich, 6S9.
Fonsadera, span, A war loan or tribute to the King.
Fontana. A fountain.
Foot See Fine.
For, fors, /r. Out; without.
Foraneus. A foreigner.
Forbannitus, {. Banished; outlawed.
Forbarrer, /r. To bar out; preclude; estop.
Force majeure, fr. Vis majors superior force.
Forcible entry or detainer. Violently or illegally taking possession or

keeping lands or tenements; a criminal offence. Also, the dvil

action therefor; see 21 Oreg, 541; 10 Mass, Jfl9.
Foreclosure. The process of barring the equity of redemption of a

mortgagor; forfeiting the mortgagee's tatle; see 99 Cal, 600,

Digitized by



Poreigii. That which is strange, or belongs to another oountry; see 1
Pet, S4S,

Foreign attachment See Attaghmbnt. Foreign plea: see Plea. For-
eign bill: a bill of exchange drawn or payable abroad. Foreign
corporation: one created under the laws of another state.

Forejudge. To expel from court; to deprive of a thing by judgment.

Forest. A waste tract of land, belonging to the King, reserved for
wild beasts of forest, chase, and warren, and having certain laws and
courts of its own. Forest courts: eee Court, 74.

Forestall. To obstruct a highway. Forestall the market: to buy up
provisions on the way to a market, with intent to sell at a higher
price; a conspiracy to enhance the price of provisions; see 4 Bl. Com.

Forgavel. A small money rent; a quit-rent.

Forgery. The fraudulent making or alteration of a written instrument
to the prejudice of another's right; see 4 BL Com, 247; May Cr, L.,

Forinsecua, I. Outward; external; foreign.

Foris, I, Abroad; without; out of doors.

Forisfacere, I. To forfeit. Forisfactura: a forfdture.

Forisfamiliated. Portioned off; provided for.

Forisjurare, L, Forjurer, fr. To forswear; renounce.

Forma. Form.

Forma pauperis, I, See In. Forma non observata infertor adnullatio
actus: where due form is not observed, the nullity of the act is in-

Formata brevia, L Formed writs; see Wbit.

Formed action. See Action.

Formedon. An old writ of right or real action which lay for a tenant
in tail. Formedon in the descender, when brought by the heir
against his ancestor's alienee or dissdsor; in the remainder, when
brought by a remainder-man; in the reverter, when brought by the
donor or his heirs; see S BL Com. BOS.

Fornication. Unlawful sexual intercourse of an unmarried person with
a person of the opposite sex; eee May Cr, L., § WB; Rob. El. L. Beo. ed.,

Foro, I, In the forum, or jurisdiction; see Pobttm.

Porprise. A reservation or exception.

For8que,/r. Only; but.

Forswear. To swear falsely.

Fortaxed. Wrongly taxed.

Fortescue. A judge of the time of Henry VI., author of a book, De
Latidibus Legum AnglicBf written in praise of the English common law.

Forthcoming bond. A bond to the sheriff, conditioned to deliver prop-
erty levied on when demanded.

Portia, I. Force. Portia frisca: fresh force.

Digitized by



Fortior et potentior est dispodtio legis quam homiiiiSy {. The (fiapoa-
tion of the law is stronger and more powerful than that of man [t. e,,
overrules that of man in certain cases].

Fortuit,/r. Accidental. Fortuitment: by chance. Fortoitotw: depend-
ing on chance.

Forty-days court See Court, 75.

Forum, L A court; a jurisdiction; a tribunal; ekforumy or place where
legal redress is sought. Forum actus, the forum of the place where
the thing was done; contractus, where the contract was made; con-
sdentue, the tribunal of conscience, a court of equity; domesticiim, a
domestic jurisdiction; domicilii, that of the domidle; domicilii actoris
or rei, that of the plaintiff's Or defendant's domicile; ecdesiastieam,
a spiritual court; ligeantis rei or actoris, the forum of allegiance of
the defendant or plaintiff [of the country to which he owes allegiance];
litis mote, or fortoitom, the forum where the suit happens to be
brought; origiois, the forum of a person's nativity; regium, the King's
court; rei or rei sitae, the forum where the property is; rei geste, of
the place where the act was done; sasculare, the secular court.

Fos, fosse, /r.y fossa, I, A dyke or ditch.

Foster-loan. A gift in consideration of marriage.

Founderosa, L Founderous; out of repair.

Foundling. A young infant abandoned by unknown parents.

Four, /r. An oven.

Four comers. Applied to the face of a written instrument.

Four seas. The four seas lying aroimd England.

Fourcher, fr. To divide the essoin; to cause delay in a real action by
casting essoins in turn where there was more than one tenant.

Foy, fr. Faith; oath; fidelity.

Fractio, L A division; breaking. Fractionem diei non redpit lex: the
law does not regard the fraction of a day.

Frais, /r. Costs; expenses.

Franc, fraunk, fr. Free. Franc alen: free, allodial land. Franc ten-
ander: a freeholder.

Franchise. A liberty; a privilege granted by the Crown to a private
person; see 3 Kent, 4S8; £ BL Com. 37; 122 lU. 293. '

Frandgena, L A Frenchman; an alien.

Franclaine, frankljm. A freeholder.

Francus, L Free; a freeman. Francos bancos: Fbeb bench, 9. 0.

Francus homo. A freeman. Francus plegius: a Frankfuebdob, q. v.
Francus tenens: a freeholder.

Frankalmoign. Free alms, a kind of tenure by spiritual services, with-
out fealty, in land held by a reli^ous corporation, to themsdves and
their successors forever; see 2 BL Com. 101. Tenure by divine service
was where certdn spedfied services were required, and the lord might
distrain; whereas in frankalmoign he could only complain to the or-
dinary. Frank bank: free bench. Fnmk chase: free chase. Frank

Digitized by



fee: 1. The reverse of ancient demesne, lands in fee simple. 2. Lands
held free of all services except homage. 3. Lands held by the lord of
a manor in ancient demesne of the Crown; se^ 2 BL Cam, S68. Frank
ferme: an old kind of socage tenure, changed from knight's service
by a new feoffment; see 2 BL Com. 80. Frankfold: free fold, a privi-
lege of the lord to fold the tenant's sheep on his lands to manure them.
Frank law: the rights and privileges of a citizen; as to be a juror,
witness, etc. Frankmarriage: an estate in tail special, given by the
donor to a donee who married the donor's female relative, descendible
to them and the heirs of their bodies, free of all services except fealty
until the fourth generation of their descendants; see 2 BL Com. 116,
Frankpledge: a tithing, q. v., or a decennary, q. v.; see 1 BL Cam. 114.
Also, the bond or pledge mutually entered into by the members of
a tithing to answer for one another's transgressions or to produce the
offending member. A S3r8tem of suretyship for good behavior required
of each freebom man on arriving at the age of fourteen. Frank
tenant: a freeholder. Frank tenement: freehold.

Franking privilege. The privilege of sending matter by mail or express
without cost.

Frassetomi L A wood; woody ground.

Frater, L Brother. Frater consanguineus: a brother by the father's
side; uterinus, by the mother's side. Frater fratri uterino non succe-
det in luereditate patema: a brother shall not succeed a uterine
brother in the paternal inheritance. Frater nutridus: a bastard

Fratriage. The inheritance of a younger brother.

Fratricide. The act of killing, or one who has killed, a brother or sister.

Fraud. An endeavor to alter rights, by deception touching motives,
or by circumvention not touching motives; eee Big, Torts, 8ih ed. 18;
Rob. EL L. Rev. ed., § 197.

FMuds, Statute of. The 29 Car. II. c. 3, making written memoranda
necessary in many cases of contracts and grants.

Fraimche, fraunke,/r. Free. Fraunk homo: a freeman.

Frau8» L Fraud. Fraus dans locum contractui: a fraud giving occa-
sion for the contract. Fraus est celare fraudem: it is fraud to con-
ceal fraud. Fraus est odiosa et non prssomenda: fraud is odious,
and will not be presumed. Fraus et dolus nemini patrodnari d»-
bent: fraud and deceit ought to avail no one. Fraus latet in general-
ibus: fraud lurks in general phrases. Fraus legis: instituting legal
proceedings for purpose of fraud.

Frectare, L To freight. Frectum: freight.

Fredum. A fine paid a magistrate for protection against revenge, or
for pardon in breach of the peace.

Free alms. Frankalmoign, q. v. Free bench: dower in copyhold
lands; usually a third or fourth part of the land, to be held dum 9ola
el oatia vixerU. Free course: having the wind from a pomt fadlitat-

Digitized by



ing the handling of a sailing vessel. Such vessel must gpve way to
one beating to windward; see 3 C. A P. 628, Free fold; aee Frank-
fold. Freehold: 1. Such an estate as a freeman might accept, i. e.,
an estate for life or inheritance, not a leasehold. 2. An estate in
free socage, not copyhold or villeinage. Freeman: 1. A freeholder,
not a villein. 2. One enjoying full privileges of citizenship. Free on
board: see F. O. B. Free pledge: see Fbankpledob. Free services;
such as a soldier or freeman might perform, not base, uncertain, or
villeinous; see 2 Bl, Com, 62, Vree ships: ships of a neutral nation
in time of war; see 1 Kent, 126, Free socage: a tenure by free and
certain services, not military; see Sogagb. Free tenure: freehold;
tenure by free services. J^ee warren: a r^al franchise granted a
subject to preserve beasts of warren; see 2 Bl, Com, 89, 417,

Freight The price paid for transporting goods.

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

Freneticus, {., frentike, fr. A madman.

Freoborgh, sax,, free burrow or borow. A frankpledge, 9. v.

Frequent To visit often or habitually.

Frequentia actus multum operatur, I. The frequency of the act effects
much [continual usage establishes the right].

Frdre, /r. A brother.

Fresh disseisin. 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: deforcement or dis-
seisin committed within thirty days past; see Assus of fbbsh forcb.
Fresh suit: immediate pursuit or prosecution.

Frettum. Freight.

Fretum. A strait.

Friborgh. A frankpledge, q, v,

Fribuscultun. A momentary separation by reason of dissension be-
tween husband and wife, without intention to dissolve the marriage.

Frigidity. Impotence.

Friscus, I, Fresh; uncultivated. Frisca fortia: fresh force.

Frivolous. An insufficient and immaterial pleading.

Fructuarius, I, A lessee; one entitled to the use of profits and

Fructus, I, Fruit; fruits. Fructus rei aliens: the fruits of another's
property. Fructus dviles: revenues and recompenses; profits; rents.
Fructus industriales: the fruits of industry; emblements; as crops of
grain, etc., distinguished from fructus naturales: the natural prod-
ucts of the soil or increase of animals, like the fruit of trees, wool, etc.;
see Rob, EH. L, Rev, ed., § 66. Fructus pendentes: hanging fruits,
things not severed from the land, as distinguished from fructus
separati. Fructus rei aliens: fruits taken from the property of an-
other. Fructuum perceptio: the rightful taking of the produce of

Digitized by



property by a person not the owner of the property; one of the meth-
ods of acquiring property with an act of possession.

Fruges, I. Produce of vines, stone-quarries, etc.

Frussura. A breaking up of ground; ploughing.

Frustra, L In vain; to no purpose. Frustra est potentia qtue nim-
quam venit in actum: a power which is never exercised is useless.
Frustra fit per pluia, quod fieri potest per paudora: it is vain to em-
ploy many means when fewer are enough. Frustra legia anrJUiim
qmerit qui in legem committit: he who transgresses the law vainly
seeks its aid. Fmatra petis quod statim alteri reddere cogeris: it is
useless to ask what you will immediately have to hand over to an-
other. Frustra probatur quod probatum non relevat: it is useless to
prove that which, being proved, is not relevant.

Frustnun terras, {. A piece, or single tract, of land.

Frutos, apart. Profits; fruits.

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

Fuage, fumage. A tax on chimneys.

Fuer,/r. To fly; flight.

FuerOi span. Compilations of law.

Fuero de castilla, span. The laws formerly obtaining in Castile.

Fuero de correos y caminas, span. A tribunal having jurisdiction over
post-offices and roads.

Foera de guerra, span. A special court to hear matters relating to the
persons serving in the army.

Foero de marima, span, A tribunal taking cognizance of matters per-
taining to the navy.

Fuero juzgo, span. The Visigoth code of laws.

Foero mtmicipal, span. Laws of municipalities.

Fngam fedt, I, He has made flight; whereby the goods of a person in-
dicted for felony were forfeited.

Fogator. A hunting privilege.

Fugitation, sc. Outlawry.

Full age. In common law, twenty-one years; in civil law, twenty-five.
Full blood: descent from both of two parents or married pair of an-
cestors; half-blood, descent from one only. Full court: a court in
banc, with all the judges. Full Ufe: life both in fact and law; legal
capacity. Full proof: in civil law, proof by two witnesses or a public
instrument. Full right: title conjoined with possesion.

FuUtmi aqu«, I. A stream of water; a flume.

Functus, I, One who has performed or accomplished; discharged.
Functus officio: one who has served his term of office; one whose au-
thority has ceased.

Fundamua, I, We foimd [a corporation].

Fundo annexa, I. Annexed to the soil.

Fundus, {. Land; see S Bl. Com. 209.

Fungible. Consumable; measurable; that may be replaced in kind.

Digitized by



For, L A thief. Fur manifestus: an evident thief, one caught in the

Furca, L A gallows; a fork. Furca et flagellum: gallows and whip.
Forca et fossa: gallows and pit.

Furcare, I, To fork or divide; see Fourcher.

Furiosi nulla voluntas est, L A madman has no will [is not criminally
responsible]. Furiosus absentis loco est: a madman is as if absent
[his presence is of no effect]. Furiosus solo furore punitur: a mad-
man is punished by his madness alone.

Furiosity. Madness.

Further assurance. A covenant that the grantor will execute any
further deeds which may prove necessaiy to complete the title;
see Covenant.

Furtively. By stealth.

Furtum, I, Theft. Furtum grave: aggravated theft, punishable with
death. Furtum conceptum, oblatum: receiving stolen goods. Furtum
manifestum : open theft, detected in the act; bacberend, q. v. Furtum
non est ubi mittimus habet detentionis per dominium rei: there b no
theft where the detention begins on grounds of ownership [authority].

Fustigatio. An ancient punishment by beating with sticks.

Fustis, L A staff, delivered as a symbol of land.

Future estate. See 'Estate,

Fnturi, l. Persons not yet in being.


Oabel, gavel; gablum, l; gafol, sax, A tax, duty, rent, or impost.

Gage. Security; a pledge.

Gager, fr. To find security; to wage. Gager del ley: wager of law.

Gaignage, yr., gainage. Wainage; profits of tillage; farm tools.

Gajum. A dense wood.

Gales, fr, Wales.

Gamacta. A stroke or blow.

Gamble. To game unlawfully.

Ganandal, span. Community property.

Ganandas, span. Profits from community property.

Gaol delivery. The emptying of a gaol by trying the prisoners; see
Assize; De bono et malo. Gaol liberties: a district around a gaol
through which prisoners are allowed to go at large, on giving security
to return.

Gaxaunt, garaunter, /r. Warrant; to warrant.

Garba, I, A bundle; a sheaf of com.

Gard, garde, /r. Ward; custody; guardianship.

Gardein. A keeper, constable, or guardian.

Gardianus. A warden, guardian, or protector.

Digitized by



Garene, /r., garrena, L A warren.

Gamer, ganiir,/r. To warn; to summon; to garnish.

Gamiahee. A person warned, as not to deliver goods. Garnishment,
garnishing process: warning a debtor not to pay a debt or deliver
goods to bis creditor, but to answer the plaintiff's suit and keep the
goods till judgment; see 41 Kan. 297 ^ 696; Attachment.

Garrant,/r. Warrant. Garrantie: warranty.

Garrote. A mode of capital punishment by strangulation, accom-
panied by a severing of the spinal cord in the same operation.

Garth. A yard; a little close. «

Ga8t,/r. Waste. Gaster: to waste.

Gate. A right in land for the use or paasage of cattle.

Gavel. Custom; toll; tax; rent. Gavelbred: rent payable in provi-
sions, in kind. Gavelgeld: an annual profit or tribute.

Gavelkind. A spedes of socage tenure, common in Kent, where the
lands descend to all the sons, or heirs of the nearest degree, together;
may be disposed of by will; do not escheat for felony; may be aliened
by the heir at the age of fifteen; and dower and curtesy is given of
haif the land; see 1 BL dm. 74; 2 id. 84; 4 id. 408.

Gavelet. Rent. A process for the recovery of rent in gavelkind ten-
ures; a kind of cessavit, q. v.

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

Gelding. A castrated horse; see 4 Tex. App. $20.

Gemma, L Gems.

Gemote, sax. A public meeting or assembly; a court; a moot or mote, q. v.

Gen', for Generosos, 2. A gentleman.

Geneath, sax. An agricultural tenant or villein.

Gener, I. A son-in-law.

General agent. An agent in a particular business or employment, for
which he has general and usual powers. General assumpsit, average,
damages, demurrer, imparlance, legacy, lien, occupant, partnership,
tail, verdict: see those titles. General issue: a short plea denying in
general terms the whole declaration, indictment, or cause of action,
without offering new matter. General ship : a ship open generally for
conveyance of goods, not chartered.

Generate dictum generallter est interpretandom, I. A general expres-
sion is to be interpreted generally. Generale nihil certum implica: a
general expression implies nothing certain. Geneialia specialilraa
non derogant: general words do not derogate from special. Gener-
alia verba sunt generallter intelligenda: general words are to be un-
derstood generally. Generalis clausula non porrigitor ad ea qun
antea spedaliter aunt comprehenaa: a general clause is not extended
to cover things previously specially mentioned.

Generosua, L, gentilhome, /r., gentleman. A man entitled to bear
arms; above the rank of yeoman.

Gena, L A union of families, of the same name and of free birthi.

Digitized by



Gents, gentz, /r. People; folk.

Genuine. Not simulated or false; see S7 N, Y, 492,

Genus. Kind.

Gerefa, sax. A reeve; an officer.

Gerere, l. To bear; to act; to behave. Gerere pro h»rede: to act as

Germanus, L Gi the whole blood; of the same stock.

Gersuma, sax., L A price; fine; reward; amerciament.

Gestation. The period during which a female carries the foetus in the

Gestio, {. The management or doing of any thing.

Gestio pro harede, I, Behavior as heir.

Gestum, pL, gesta, I. A deed; things done; transactions.

Getter, /r. To throw; bring; cast.

Gift A gratuitous transfer; a conveyance in tail; eee 2 BL Com. 441;
20 WaU, S4; 97 Mass. 507.

Gild, sax. See Geld. Also, a fraternity; corporation; friborgh, q. v.

Gilda mercatoria, I. A mercantile company; see 1 Bl. Com. 473.

Gildale. A compotation where every one paid his scot and lot; vulg, a
" Dutch treat."

Gilour, fr. A cheat; a dec^ver.

Giser, fr. To lie. Gisant: lying. Gist en le bouche: it lies in the
mouth. Cy git: here lies. Le action bien gist: the action well lies.

Gist The essence of a matter; see 101 lU. 894.

Glanvill. The author of the treatise De LegUms et Consuetudinibus
AngluB, the most ancient book in the English law, written about
1181, and containing the forms of writs as they then existed.

Gleba, I. A glebe; church land; the minister's land; a portion in addi-
tion to the parsonage. Gleba terr»: a clod of earth.

Online LibraryFrederic Jesup StimsonA concise law dictionary of words, phrases, and maxims : with an explanatory list of abbreviations used in law books → online text (page 21 of 37)