REMEMBRANCERS. 







n were one* not considered devisable, but it was 



afterwards determined that they were devisable whenever they were 

 descendible to tb bein of the penal* to whom they were limited; 

 and under the statute 1 Viet. a. 26, they we devisable in common 

 with ill contingent, executory, or other future interest* in any real or 

 personal estate. 



Though * fee cannot be limited after a fee as a remainder, two or 

 mar* contingent feel may be limited in the alternative, to that one 

 ..iily lOiall take effect. 



lnu n*U in chattel* real and penonal are susceptible of .limitation* 

 over after the limitation of eome partial interest iu them; but (mm 

 the nature of thoee interact* they are incapable of such e\: 

 mollification* a* freehold interests in land, and they cannot be operated 

 upon by the Statute of Uses. Originally a bequest of a term of yean 

 t.i a man fur hi* life waa an absolute gift of the wfiolo term, and the 

 donee might dispose of the whole interest ** he pleawd; but at 

 present a bequest of each term to A for life, and after hi* death t<> I'.. 

 to a bequest of the whole term to A, subject t an executory bequest to 

 B, to take effect if A die* before the expiration of the U-rni. It is not 

 a particular estate to A for life and a remainder to B. Any disposition 

 of a chattel, which in the cane of land* would make an octate tail, 

 girm the whole interest Thua if the second bequest of the term of 

 year* were to B and the heir* of his body, It would take the whole 



it 



An executory devise i* such a limitation ..f a future estate in land*, 

 and an executory bequest is such a limitation of a future interest in 

 ^.iiu u in allowed in the case of a will, though not in convey- 

 ance* at common law. Accordingly a fee may be limited after a fee 

 in a will or by way of use upon oontingencieg which may happen 

 within certain limits of time ; and such limitations take effect as 

 executory devises or springing or shifting use*. But when future 

 estates are so limited by devise a* to be comprehended within the 

 rule* which apply to contingent remainders, they will be considered as 

 such, and not as executory devises. 



The subject of contingent remainders is fully discussed in the 

 elaborate Essay of Fearne on ' Contingent Remainders and Executory 

 Devises ;' see also Hayes, ' On Conveyancing,' Apjicndix. 



REMEMBRANCERS (remmorotora), formerly called clerks of the 

 remembrance (37 Edw. III. c. 4), are officers of whom, until recently, 

 there were three in the exchequer, called respectively the king's 

 remembrancer, the lord treasurer's remembrancer, and the remem- 

 brancer of first fruits ; their duty being to put th lord treasurer and 

 the barons of the exchequer, who are the judges of that court, in 

 remembrance of such things as are to bo called on aud done for the 

 king's benefit 



I. The office of the queen's remembrancer has relation to the pro 

 oeedings of the court of exchequer in the exercise of its original juris- 

 diction as a court of revenue, and of its incidental jurisdiction as a 

 court of equity, founded upon the fiction that the party seeking for 

 relief upon matter* of equity is a debtor and an accountant to the 

 crown, who by reason of the withholding of that to which he is equitably 

 entitled, is the less able (7110 mt'niu mfficiau exiitil) to pay his debt* 

 to the crown. On the revenue side, the queen's remembrancer enters al 

 the recognizances taken before the barons for any of the queen's debts 

 for appearances, tc., and he takes all bonds for such debts, and for the 

 due execution of offices, and makes out process for breach of them : 1 

 also writes process against the collectors of customs, excise, and other 

 public payments, for their accounts. Informations for intrusion 

 into the queen's lands, and information for debts due to the crown 

 and on penal statutes, are entered and sued in his office ; and he makes 

 the bills of composition on j >enal laws. Indentures and other evidences 

 which relate to the naming of any lands to or from the crown arc 

 delivered into his office ; and commissions of nisi prius, by her 

 majesty'* warrant, on trial of any maU< rs within his office, commissions 

 to find debts due to the crown, and writs of extent awarded in pur 

 nuance of S3 Hen. VIII. c. 39, ore issued and prosecuted in this office 

 also general process for the recovery of arrears of taxes and other 

 debt* due to the crown, which issue twice a year. All differences as to 

 irregularities in proceeding* are determined by the queen's ivmcm 

 brancer, with power to give cost* against the party in fault, but suhjcc 

 to an appeal to the court <5 Rich. II. st 1, cc. 15, 16 ; 13 & M Car 

 II. c. 21.) He i* bound by a rule ,of court, 3 Joe. II., to attend tin 

 court during its sittings, to answer inquiries respecting the course o 

 proceeding*, and to enter the rule* and order* of the court of exoheque: 

 relating to it* fiscal or its equitable jurisdiction, and he executes thi 

 formerly performed by the lord treasurer's remembrancer, now 

 abolished by 3 ft 4 Will IV. c. W. This office is now held by one 

 the masters. W> A 1.) 



II. The lord treasurer's remembrancer's office was the office prin 

 rijully concerned in matters relating to the landed and casual 

 of the cruwn. When the king's title was found by on inquest o 

 office, it became the duty of the officer with whom the writ ami in 

 .i-H-iv-ii remained, to send a transcript into the office, in order tc 

 being put in charge for the service of the crown ; he issued process fo 

 debt* to UK king, and against sheriff*, escheatorn, *c., and other* wh< 

 1 1 id not account He took the account* of all sheriffs, and n 

 record, whereby it appeared whether sheriffs and other accountant 

 1-aiil their proffers, that is, the balance appearing u|-n their ... 



lue at Easter and Michaelmas, aud he made another record showing 

 whether sherifl* and other accountants kept their days prefixed. There 

 were also brought into hi* office all the account* of. customers, 

 comptrollers, and accountants, which were to be eutm<d on record. 



All estreats of fine*, issue*, and auwrciauienU, set or imposed in any 

 of the courts at Westminster, or at the assizes or sessions, were certi- 

 fied into hi - oBioe, and by him delivered to the clerk of the estreats, to 

 make out process on them ; and ho might issue process for discovery 

 of tenures and all revenue due to the crown by reason thereof, to. As 

 soon as the estreat* came into this office, the parties interested might 

 appear and deny the king'* right, upon which the pleading* between 

 lie crown and the ohimant were carried on in thi* office according to 

 .he course of the common law ; and the right was either dcteri 

 by Uw court upon demurrer or by verdict of a jury. The pleadings 

 in. I judgment* were entered on rolls called the ' Memoranda ' of each 

 roar. Those of the reign of K.lw. I. were published by Serjeant 

 naynard, in the first volume of his edition of the Year- Books. 



Parties may apply in a summary manner for the indulgence of the 

 court of exchequer, which is unipowered by privy seal, at the com- 

 mencement of every reign, to compound or discharge any fines, issues, 

 amerciaments, or recognizances, according to the circumstances of each 

 case; aud until the (Utute of 3 & 4 Will. IV. c. 99, such applications 

 [innirrrl through tin's office. By that statute, the office of the lord 

 treasurer's remembrancer was, with the offices connected ther> 

 abolished. Part of the duties of this office had been previously trans- 

 ferred to other offices, part ceased by the Act, and tho remainder are 

 performed by the queen's remembrancer. 



III. The remembrancer of the first fruit* office receives the 

 bishsps' returns of institutions, take* all composition* and bonds for 

 payment of first fruits and tenth*, and makes process against all 

 persons a* do not pay the same. 



IV. Remembrancer of the City of London. The duties f thin 

 officer are those of agent for the corporation in parliament, and at the 

 council and treasury boards. He gives a daily attendance at the houses 

 of parliament during every session, to examine all bills and proceedings 

 of the houses of lords and commons, and to report on such as may be 

 likely to affect the interest or privileges of the city. For this purpose, 

 the officers of both houses of parliament give him facilities of admission 

 and attendance; aud, for the purpose of identification by them, he 

 sometimes wean a medal with the arms of the city. 11 is duty is 

 further to take the necessary steps to procure the presentation of all 

 addresses and resolutions of the corporation to the sovereign and 

 all the branches of the royal family : to make copies of the addresses 

 and deliver the same, and to attend the sheriffs, whan the appointment 

 is mode to receive the address or resolution, and the corporation, when 

 the same is presented : to engross all petitions of the cor|K>ratiou to be 

 presented to either house of parliament : to make and deliver 



and to attend when the petitions are presented. If the p< -tition be to 

 the house of lords, the remembrancer, with the sheriffs, waits on some 

 peer of parliament, ond requests him to present it He has to give tin- 

 city members and the sheriffs notice when petitions ore to be presented 

 to the house of commons : to make applications for obtaining, and, 

 when received, to distribute, the city impost* for duties on wine, an 

 allowance mode by the lords of the treasury, the origin of which is not 

 known. The earliest entry of its being made is about the year ItiSti. 

 The sum allowed is loo/. 10., which is distributed in different propor- 

 tions amongst the lord mayor, aldermen, recorder, sheriti's, common 

 Serjeant, ehaniK-rlaiu, town-clerk, remembrancer, and sword-bearer. 

 (' Second Report on Municipal Corporations of England and Wales,' 



UKMONSTRANTS. [PKLAGIUS, in BIOG. Div.] 



UK.VUSSAMT: (Architecture). The term Renaissance indicates 

 the period of the Jtn-intl, when the classical began to be re-inti 

 after the medieval styles. The term i- 



sculpture, and ornamental art : our'attcution in the pic*-iil article will 

 be confined to architecture. 



The Renaissance had its origin in Italy, where at best Gothic archi- 

 tecture n-c-ured hut a precarious hold. As soon as the pas 

 old Roman literature sprang up, there arose also a desire for tin 

 of classic art, to be followed before long by tho attempt, to imi 

 Traces of the imitation of Roman architectural forms are - 

 as early a date as the middle of tho 14th century. But the true 

 Renaissance dates from the time of Brunelleschi (or the early part of 

 the 1.1th century), in whose hands it assumed character and consistency. 

 Its full development, however, belongs to the century following. 

 [ITALIAN Alien ITKCTURE.] 



Although all were derived from that of Italy, each country had its 

 i Keiiaiasance, described accordingly as 1 . -iglish 



Renaissance [ELIZABETH : unity 



likeness, but each exhibiting traits exclusively it* own. TJ 

 naissancc in general is oft. u spoken of as if it MM nothing moi. 

 a direct but un-kilful imitation of i! 



being so v. . 11 understood as they were afterwards when studied through 

 the text of Vitruvius, and reduced to a methodical system of " l> 



oy I'alladio aud Vignolo. But in the lu-t place it was founded 

 only upon the KUIIHIH antique, and in the next, not upon tin- temple 

 ; tin- liomanx, but their triumphal archex, baths, anil 



:!I.T the poiiieo, or the continuous colonnade, 



