SECT. XXXVII. Concerning CUSTOMARY estates. THUS far of estates at common law; we come now to customary estates, viz. tenant by VIRGE, or by copy of court-roll. And because this is a SPECIAL kind of customary estate, and I shall not have again to do with it, I shall shortly consider these two things, viz. The nature or kinds of estates grantable thereof. The incidents relative thereunto. Touching the nature of estates grantable, THE CUSTOM DI RECTS IT. For by custom it is grantable, In fee-simple; In fee-tail and here of the entailing copyholds, where it may be, and how barred. For life or lives. Touching the incidents relative to copyholds, they consist either in, Modes of acquiring: or, Manner of transferring. Touching the transferring the interest of the copyholder, it is done, By hereditary descent: and here of what effect or use the heir's admission is. By surrender which is either, In court. Or, Out of court, into the hands of the lord, the steward, or customary tenants,-when warranted by the custom. And the effect of such surrender; where, when, and how it must be presented. The learning concerning copyholds is grown very large, and takes in very many particulars: For instance, Who is lord to make a grant or admittance: what a DOMINUS PRO TEMPORE, or a disseisor, may do therein. Who is a steward to perform the service, and his power therein. What shall be said a copyhold manor, or a copyhold court, to enable such grants. What shall be said a forfeiture of a copyhold estate: By waste, By alienation; By refusal to perform services. What shall be a dispensation with it. Besides which, there are very many more considerables will fall under the title of customary estates, or copyholds. SECT. XXXVIII. Of translation of property BY FORfeiture. I NOW come to those translations of estates which happen BY DEFAULT of the tenant in fee-simple, viz. such as are forfeitures of his estate. And these are of several kinds : Forfeiture BY ATTAINDER; either, Of TREASON-which gives the land to the king by the com- Of FELONY; whereby it escheats to the lord; whereof before, Forfeiture by purchase in mortmain WITHOUT whereby it goes to the lord. LICENCE, Forfeiture by CESSING from doing his services PER BIENNIUM. And here comes in the learning of cessions. Forfeiture by alienation CONTRA FORMAM COLLATIONIS. SECT. XXXIX. OF WRONGS OR INJURIES. And first, of wrongs to persons. I COME now from the consideration of rights or JURA, to consider of wrongs or INJURIE; wherein I shall take this order, viz. First, I shall pursue the several natures of injuries, as they are severally applicable to those things, which are the subjects whereto the several rights aforesaid are adherent. Secondly, because it will be a shorter and plainer way to mention the several natures of the remedies applicable to the several kinds of injuries, or wrongs, I shall mention THOSE ACTIONS that are applicable to the several injuries, together with the injuries themselves; leaving the farther explication of the manner of application of those remedies unto the third and proper head, concerning RELIEFS or REMEDIES. As to injuries or wrongs, they are of two kinds, viz. Such as are of ecclesiastical conuzance. Such as are of temporal conuzance. Such as are of ecclesiastical conuzance are either, Civil. The wrongs CRIMINAL of ecclesiastical conuzance, are such as are PUBLIC scandals and offences, wherein the judge ecclesiastical proceeds, either, At the prosecution of some person: or, EX OFFICIO, & PRO SALUTE ANIMÆ; as, In cases of adultery, fornication, incest, profanation of sacred things or times, (or places,) blasphemy, heresy, and divers others. Wrongs CIVIL of ecclesiastical conuzance are of these kinds, viz. DEFAMATION in some particulars. TITHES,-their right, substraction, &c. As also oblations, mortuaries, pensions. Causes of SPOLIATION in relation to benefices ecclesias tical. Matters of MATRIMONY and DIVORCE. WILLS or testaments, and administrations. Those wrongs that are of TEMPORAL conuzance, are of three kinds : Such as are of the conuzance of the admiral's court; as piracy, depredations, and wrongs ON THE HIGH sea. Such as are of the constable and marshal's court: as usurpation of coats of arms, matters of precedence, &c. Such as are of the conuzance of the common law courts. This latter head is very large and extensive; but, in general, may be divided into two kinds : Such as are criminal or public, wherein the wrong-doer is proceeded against criminally. And these are to be distributed under the titles of PLEAS OF THE CROWN. Such as are civil or private; wherein at the suit or prosecution of the party injured, he has reparation or right done. Touching injuries to CIVIL rights or interests, they must be distributed according to the several natures and kinds of those rights which by those wrongs are injured. And since we have already before considered of two sorts of rights, viz. rights of persons, and rights of things, I shall begin with those wrongs that relate to the rights of PERSons. And since in the distribution we have made of the rights of persons, we have observed, that the rights of persons have a double consideration, viz. One ABSOLUTE, in reference to the person himself; and, him; We shall distinguish wrongs accordingly. Wrongs therefore of common law conuzance, which are private or civil, are such as are done either, By PARTICULAR persons; or, By countenance of LEGAL proceedings. And the former part of these wrongs, are done either, To the rights of persons; or, To the rights of things annexed to persons, in point of property or estate. As to wrongs that are done to persons, or in relation to the rights of persons, they are of two kinds; Such as relate to the person considered absolutely and IN HIMSELF: Such as relate to him, as he stands in some kind of RELATION to another person. As to such wrongs as relate to the person himself, they are of three kinds. Every man has a right to his own person; and a wrong done to that, is nearest to him, because a man has the greatest propriety in his own person. And the wrongs thereunto are also of two kinds, viz. WRONGS TO HIS BODY; WRONGS TO HIS NAME OR REPUTATION; for I reckon this amongst those wrongs that are done to his person. The wrongs to his BODY are of two kinds, viz. ASSAULTS; as beating, maiming, wounding. Wherein the law gives a double remedy, viz. PREVENTIONAL; by security of the peace. REMEDIAL, by action either of Trespass, Assault, Battery, Wounding, Appeal of mayhem. 2 Inst. p. 55. IMPRISONMENT, without lawful or just cause: As to wrongs done to his NAME, they are of two kinds, viz. SCANDAL by words spoken,-libels,-pictures, &c. wherein the remedy is to have compensation in damages by action on the case. |