dJnrnpU ICaiu ^rl|nnl IGibrary Cornell University Library KF 159.T23 1860 The law oiossary: being a selection of t 3 1924 022 835 247 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835247 THE LAW GLOSSARY: BEIKa A SBLEOnOH 07 THE GREEK, LATDf, SAXON, FRENCH, NORMAN AND ITALIAN SENTENCES, PHRASES, AND MAXIMS, TOVSD m THE LEABDra ENGLISH AND AMERICAN REPORTS, AND ELEMENTARY WOKKS. "WITH raSTOEICAL AND EXPLANATOEY NOTES. ALPHABETIOALIT AEEANGBD, AND TRANSLATED INTO ENaUSH, FOE THE CBB OP THE MEMBERS Or THE lESAL PROFESSION, LAW STUDENTS, SHERIFFS, JUSTICES OF THE PEACE, ETC. ETC. CEDIOATED, (bT FEKmSSIOK,) TO THE HONORABLE JOHN SAVAGE, LATS OHI£F JUSTICE OF TBB BirP££lCE OOUBT OF THE STATE OF NEW TOBX. BY THOMAS TAYLER, AFIHOB or "PBEOEDBNTS OF WILLS, DBAWN CONFOBMABLY TO THZ BETISED STATUTES OF TBB STATB OF SEW YOBE." SIXTH EDITION, REVISED, CORRECTED AND ENLARGED. BT A MEMBER OF THE NEW YORK BAR. NEW YORK: LEWIS & BLOOD, LAW BOOKSELLERS AND PUBLISHEE8, NO. 35 JOHN STREET. 1860. Northern District of New York, ss. : Be it ebmembered, That on the second day of November, in tbe flfty-elghth [L. 8.] year of the Independence of the United States of America, A. D. 1833, James Hunter, of the said district, hath deposited in this Office, the title of a Book, the right whereof he claims as Proprietor, in the words following, to wit: "The Law Glossary: being a Selection of the Greek, Latin, Saxon, French, Norman and Italian Sentences, Phrases and Maxims, found in the works of Lord Coke, Shower, Peere Williams, Sir 'William Blackstone, Sir Francis BuUer, Vezey, Chancellor Kent, Beeves, Durnford and East, Taunton, Sellon, Johnson, Oowen, Sugden, Preston, Bo- saDjuet, Starkie, Tidd, Phillips, Chitty, Moore, 'Wendell, and numerous other law Writers: with Historical and Explanatory Notes : alphabetically arranged and trans- lated into English, for the use of the members of the Legal Profession, Law Students, Sheritf^, Justices of the Peace, &c., &c. Dedicated (by permission) to the Honorable John Savage, Chief Justice of -the Supreme Court of the State of Now York." The right whereof he claims as Proprietor, in conformity with an Act of Congress, en- titled An Act to amend the several Acts respecting Copyrights. KUTGEE B. MILLEE, Clerk of the Northern District of New York. Entered according to Act of Congress, in the year 1845, by James J. Stewart, in the Clerk's ofSce of the District Court of the United States, for the SoDtbem Dis- trict of New York. Entered according to Act of Congress, in the year One thousand eight bondred and flfiy-flve, BY LEWIS & BLOOD^, IB b '' Clerk's ofBce of the District Court of the United States, for tho Sonthera District of New York. John W. Auesmatt, Printer, No. it Cedar-street, N. Y. PREFACE. ■Whethisk or not ic is to be regretted that almost all our Law pub- lications abound with Sentences, Quotations, and Maxims chiefly ex- tracted from the dead languages, it is not the author's purpose to inquire. He has been led to examine the propriety of presenting this compilation, from observing that the student, although well educated, frequently becomes disgusted wi^h his labors, by finding innumerable uncouth and many abbreviated passages from the bar- barous Latin and Norman-French of the Middle Ages, so constantly interspersed through our valuable Law Treatises and books of Reports. The author, in this undertaking, has endeavored, to the best of his ability, to meet the difficulty alluded to ; and although, in so gr»at a number as nearly five thousand translations, he may not have come up, in many instances, to the critical interpretation of the original, yet he hopes, from the labor he has for years bestowed on this work,' and the assistance he has received, that not many errors have been made, aflfecting the sense or spirit of the passages. Many of our judicial decisions have reference to analogous cases adjudged in the English courts, and innumerable Sentences, Quota- tions and Maxims from the ancient Law volumes are necessarily used and interspersed through all our reports, treatises, and books of prac- tice, — ^thus rendering very obscure some of the most important pas- sages with which the student should be intimately acquainted. The Law Maxims have been, as it were, handed down to us like heirlooms, through a succession of ages, many of them as funda- mental and unalterable principles of the Common Law, as the Lex Twn acripta of our ancestors, founded on the traditional consent of many successive ages. Lord Goke remarks " that the Maxims of the Common Law are as eternal as nature's rights, control acts of parlia- ment, andadjudge them void, when made against common rightand rea- son ;" but it is well known that their very essence is enveloped in foreign languages, sometimes difficult to translate in the spirit of the original. Where it has been possible, the author has given a literal trans- lation ; but in very many instances he has been obliged to deviate in this respect, in order to make the sense intelligible, and has fre- quently, after the primary or literal translation, introduced some words by way of further explanation. It should be here particularly observed, that taking many of the quotations in an isolated manner, or per se, (being parts of sentences,) no precise idea can be formed of them ; and it is only by a perusal IV PREFACE. of their contexts that their application can be fully discerned. It is considered proper to make this observation, as several extracts, ■which appear at first sight snperflaously inserted, are, in fact, abso- lutely necessary, inasmuch, as by referring to their contexts, passages of considerable importance vrill often be found attached to tfiem. Sentences and Maxims also frequently occur, wherein the language is very ungrammatical ; but it was thought proper, for the reason above alluded to, to give such translations as the cases afforded, rather than to omit them altogether. On perusing some of these we are surprised at the language in which they are couched ; but when we reflect on the state of literature in the Middle Ages, we cease to wonder at their barbarous composition. A considerable number of the Maxims of the Common Law origin- ated with the Feudal system, which continued for several successive centuries, when the deeply-rooted customs and habits of the north- ern nations were in full vigor, and many vestiges thereof are yet remaining, and are- discernible in our codes of jurisprudence. After the work was far advanced, it was thought advisable to add some Notes, particularly from Eoman authors, for the illustration of the most prominent part of the quotations found in the esteemed Com- mentaries of Sir William BlacJcstone, and of other extracts found in different law writers, especially as very many of our judicial decisions respecting personal property and testamentary dispositions are de- rived from the Eoman Law. As there is no well-educated lawyer but must have observed how much the decisions of the Law Courts, since the time of Lord Mans- field, have approximated to the equitable character of the Eoman jurisprudence, the author believes these Notes may not be unaccept- able, but, in some cases, enable the student more fully to compre- hend some of the reasons upon which a considerable part of our Common Law is founded ; at what time many of its Maxims and Principles originated; and how far they are interwoven with the Feudal System. Thus he will often discriminate what part remains to us of Feudal origin, and what part we possess of the milder juris- prudence of the Eoman Code. In these Notes will be found some account of the state of society in Europe during the dark ages ; and the contrast between the Feu- dal and the Eoman Law will be frequently observable ; for, as a learned author justly remarks, " various are the reasons drawn from the splendid monuments of Justinian, and from the castellated re- mains of Feudal grandeur, ' rich with the spoils of time,' instructive as well as amusing to the student," PREFACE TO THE FOURTH EDITION. The great utility of the following work, and its appreciation by a discerning public, are shown by the rapid exhaustion of three large editions, and the demand for a fourth. It is, indeed, extremely pop- tdar with the profession, and has become an almost indispensable adjunct of every law-library. Nor is its practical value confined to lawyers, for whom it was originally prepared and mainly designed. The intelligent of both sexes, and among all classes of our citizens, no less than the members of the other learned professions, cannot fail to derive profitable instruction from its pages. Its matter has been carefully gathered, with judgment and great good taste, from the ancient oracles and standard authorities of the law. It contains many phrases of classical beauty, and much curious learning, ex- pressed in the rich, though quaint language, of the olden time. No- where else within the same compass, can be found such stores of rare and useful information. Thus much have we felt at liberty to say in commendation of this work. AH who are familiar with it will bear us witness that we have not over-estimated it, nor can we, as humble editors of the dis- tinguished labors of another (now no more), be charged with egotism in thus frankly expressing our admiration of this his legacy to the generations to come after him. A single word will dispose of what we have done. The work has been thoroughly revised with a view to its entire accuracy, and it is now placed in a permanent form. To the present edition have been added over one hundred pages of new matter, comprising upwards of eighteen hundred phrases, besides several notes. It is now com- plete in all respects, and we confidently look for a continuance of the patronage and favor it has hitherto received. Ifxnr TozE, March Ist ISfiS, CERTIFICATES. Albany, February 1st, 1830. Sib — Youra of the 26th ult. is received. I have no doubt that your book will be found useful in every lawyer's library, and essentially aid the progress of the student. I have no possible objection to the honor you intend me, by dedicating it to me. I am, very re- spectfully, your obedient servant, John Savaoe. Having been favored with a sight of " the Law Glossary," tran«» lated and alphabetically arranged, we consider it a work which does credit to the industry and talent of the author ; and we fully concur in opinion with the Honorable Chief Justice Savage, that it will be found useful in every lawyer's library, and essentially aid the progress of the student. F. P. Hunn, (late District Attorney,) Monticello. G. 0. Beldbn, same place. I have perused the manuscript of " the Law Glossary," which ap- pears to be a copious work and faithfully executed. I should suppose its publication will be useful to the profession. April 22, 1830. "W. T. MoCoun, (V. Chancellor, N. York.) I have perused " the Law Glossary ;" it is replete with nsefulness- the labor of the compilation must have been immense. John Van Nbss Yatbs, (late Secretary of State.) Albany, April 16, 1832. Having read the greater part of " the Law Glossary" with profif and much gratification, I can cheerfully recommend it as an elaborate, accurate, and useful book. It will he found valuable to all othei literary and professional men, as well as to gentlemen of the bar. Albany, Oct. 28, 1833. Jas. K. Wilson, D.D. LAW GLOSSARY. A AVER ET TENEB. To Have and to hold Ab actis. A person who has charge of acta, public records, registers, or journals ; a notary or clerk. Chancel- lors also bore this title ia the early history of that office. Abactor. Among the Eomans, a stealer or driver away of cattle. Abalienatio vel translatio dominii vel proprietatis. The alienation or transfer of the domain or property. Vide note. Ab aratro abductus est. He was taken from the plough. Ab ardendo. " By burning." Whence " arson." Abamita. The sister of one's great great grand- father. Ababnare, from Sax. Aharian. To disclose to a magistrate any secret crime. Abatamentum. An entry by intrusion. Abbas. An Abbot. Vide note. Abbatis. A steward of the stables ; an ostler. Abbatissa. — ^An abbess. Abbattee maison. To ruin or throw down a house. Abbettavit, incitavit, et procuravit, &c. He abetted, incited, and procured, &c. Abbbocamentum. The forestalling of a market or fair. Abbuttals. ^Properly, the limits or boundary lines 8 LAW GLOSSABT. of lands on the ends, as distinguislied from those of the sides. Vide note. , Aboaeiaee. To take or carry away. Abdite latet. ^He lurks privily. Abditobium. An abditory or hiding place to conceal plate, goods, and money. It is also sometimes used for a place in which relics are preserved.' Abduoeee. To abduct, to take away by force. Abeaeanoe. ^Deportment, bearing, or behavior Abegit pecora. He drove away the cattle. Abebemuedee. Plain or manifest murder, as dis- tinguished from the offence of manslaughter and chance- medley. The Saxon word for open, ox manifest, is "cebere" and " morth," murder. Abeyance. Suspense, expectation. An estate is said to be in abeyance, that is, in expectation, where there is no person existing in whom it can be vested ; the law considering it as always existing, and ready to vest when a proper owner appears. Abiatious. A grandson. \bigeatob. See Abactor. ^iGEi. Persons who stole cattle. \inconvenienti. From the inconvenience. lingressu ecclesiae. " From entering the church." J words composed part of the writ of excommuni- "^Ab initio. — — -F-rom the beginning. ; Ab intestato. ^From (or by) the intestate. Abjectiee.— — To lose a cause by default or neglect to Prosecute. Abjudicaee. To deprive of a thing by the decision {J a court. Abjueaee. To forswear; to renounce or abandon upon oath. Abmatebteba. ^A great great grandmother's sis- ter. LAW GLOSSARY. 9 Abnepos. A great great grandson. Abneptis a great great grand-daughter. _ Ab officio at beneficio. From the office and benefice. Ab olim ordinatum. Formerly constituted. Ab olim consensu. ^By ancient consent. Abpatbuus. ^A great great grandfather's brother. Abeasio. An erasure. Abeoceub. A broker. Abeogate. To repeal. Absoile. To absolve, to pardon. Absolute Conveyance. — Conveying the right or prop- erty in a thing free from any condition or qualiflcation. Absolute Eigb:ts. — ^The rights which belong to per- sons as iadividuals, viz., the right of personal security, personal liberty, and the right to acquire, hold, and dis- pose of property. Absolute Waeeandioe. A warranty against aU in- cumbrances. Absolutum dominium in omnibus hcitis. Absolute power in all things lawful. Absolutum et directum dominium. The absolute and direct ownership, (or fee simple.) Absonlabe. To detest and shun. Absque abstractione, amissione, seu spoliatione, portare tenentur, ita quo pro defectu dictorum comm,unium porta- torum seu servientium suorum, hujusmodi bona et cataUa eis sic ut prefertur deliberata, non sunt.perdita, amissa, vel spoliata. They are bound to carry the goods without abstraction, loss, or injury, for notwithstanding the neglect of the said common carriers or their servants, goods and chattels of this sort are to be delivered to them ia the same manner as stated, not being injured, lost, or damaged. Absque aliqua probabiH causa prosecutus fuit quoddam breve de privUegio. ^Without any other probable cause he was susd by a certain writ of privilege. 10 LAW *GLOSSABT. Absque aliquo inde reddendo. ^Wittout yielding anything therefrom. Absque consensu majoris partis prsefectorum coUegio- mm. -Without the consent of the major part of the prefects of the colleges. Absque generali senatu, et populi conyentu et edioto. Without the general convention and order of the senate and people. Yid£ note to ^^ Is ordo." Absque hoc, quod feoffavit in forma, &c. ^Without this, that he enfeoffed in form, &c. Absque impetitione vasti. ^Without impeachment of waste. Absque prohabili causa. Without a probable cause Absque purgatione facienda. "Without purgation being made." Without clearing himself by oath. Yvh note to " Compurgatores?'' Absurdum etenim clericis est, imo etiam opprobriosum, si peritos se velint ostendere disceptationum esse forensi- um. For it is absurd, nay, even disgraceful, if the clergy should boast of showing their skill in legal dis- putes. Abundans cautela non nocet. Abundant caution does no injury. Abut. To limit or bound. Agate, or Achate. A purchase, contract, or bargain. AccAPiTUM. The money paid to the chief lord by a vassal upon his admission to the feud. AccEDAS ad curiam. That you go to court. AccEDAS ad vice comitem. That you go to the sheriff. Acceptance au besoin. To accept in case of need. Acceptance supra protest. An acceptance of a bUl after protest. Such acceptance made by a third party for the honor of the drawer) or some particular endorser. AcCEPTiLATio. -It is a mode of releasing a person &om an obhgation without payment, called an imaginary LAW GLOSSARY, 11 payment. But only verbal contracts could thus be dis- solved, the form being verbal by question and answer. Accessary. One who participates in the commission of an offence, either by advice, command, instigation, oi concealmenti before or after the offence is committed, though not present at the committal. AccESSORiuM non ducit, sed sequitur suum principalem. An accessory does not lead, but follows his principal. AcCESSOEius sequitur naturam sui principalis. — • — An accessory follows the nature of his principal. AcciDENS quod per custodiam, curam et dUigentiam mentis humanse evitari non potest. An accident which cannot be prevented by the watchfalness, care, and dili- gence of the human mind. AcciON sur le case. An action on the case. Acoo. Abbreviated from Actio, an action. AccoLA. A husbandman. Accolade. From the Fr. " accohr,^' " coUum amplecti." A ceremony used in making a knight, the king putting his hand about the knight's neck. Accomplice. One who unites with others in the commission of a felony. Acceedulitare. To purge one's self of an offence by oath. Accrescere. To grow to ; to accrue. AccusARE debet nemo se ipsum. No person should accuse himself. Ac etiam billae. And also to the bill, (or writ.) AcQuiETATUS inde. Therefore he is discharged (or acquitted). AcQuiETATTJS inde de praemissis. Therefore he ia acquitted of the matters. Acta exteriora indicant interiora secreta. The out- ward acts show the secret intentions. Actio accrevit. An action has accrued. Actio bonse fidei. Action of good faith. 12 LAW GLOSSARY. Actio commodati direota. An action brought to re- cover a thing loaned, and not returned. Actio commodati contraria. Action brought to com- pel the execution of a contract. Actio de dolo malo. Action of fraud. Actio ex empto. ^An action of purchase ; brought by the buyer to obtain possession of the thing sold. Actio ex vendito. An action of sale ; brought by the seller to recover the price of the article sold aixd. de- livered. Actio fiirti. ^Action of theft. Actio finium regundorum. An action to determine boundaries between adjoining lands. Actio in rem. ^An action to recover a thing belong- ing to us in the possession of another. Actio in simplum. An action for the single value of a thing. Actio legis aquilise. An action to recover damages far maliciously injuring, killing or wounding anything be- longing to another. Actio quod jussu. Action brought against a master for business transacted by his slave, under his order. Actio or iaterdictum quod vi aut clam. An action against one who has clandestinely erected or destroyed a building, either on another's ground or his own, which has thereby unlawfully injured him. Actio redhibitoria. To compel a seller to receive back the thing sold and to return the price. Actio quod metua causa. An action granted to a person who had been compelled unlawfully, either by force or just fear to sell, promise or deliver a thing to an- other. Actio, or interdictum unde vi. To recover possession of land taken by force ; similar to the modern action of ejectment. Actio vi bonorum raptorum, An action for goods LAW GLOSSARY. 13 forcibly taken, and to recover a penalty of triple their value. ACTIONAEE. — ^i. e. in jus vocare. To prosecute one in a suit at law. Actionem prsecludere debet. He ought to bar the action. ACTIONES composite sunt, quibus inter se homines dis- ceptarent ; quas actiones ne populus prout vellet institueret, certas solennesque esse volueruut. Actions are so pre- pared (or adjusted) in which men litigate with each other, that they are made definite and established (or customary) lest the people proceed as each may think proper (in his own case). Vide note. Actiones in personam, qu^ adversus eum intenduntur, qui ex contractu, vel delicto, obhgatus est aliquid dare, vel concedere. Personal actions which are brought against him, who, either from contract or injury, is obliged to give, or allow something. Vide note. Actiones legis. Law suits. Vide note. 'Actio non accrevit infra sex annos. The action has not accrued within six years. Actionem non habere debet. He ought not to have an action. Actio personalis moritur cum persona. A personal action dies with the perfeon. Actio sequitur. " An action hes," (or is sustainable.) AcTOE. A plaintiff. Actor sequitur formam rei. " A plaintiff follows the course of proceeding" — i. e. according to the nature of the property to be recovered. Actum agere. " To labor in vain," alluding to a Eo- man judgment once pronounced which was in general irrevocable. Vide Cic. Amic. 22. Actus curiae neminem gravabit An act of the court shaU prejudice no one. As where a delay in an action is the act of the court, neither party shall suffer for it. 14 LAW GLOSSARY. Actus legitimi non recipiunt modiiin. Acts required by law admit of no qualification. Actus Dei nemini facit injuriam. The act of God injures no one. Actus legis nemini facit injuriam. The act (or pro- ceeding) of the law injures no person. Vide note. Actus me invito factus, non est meus factus. " An act done involuntarilj is not my deed :" as where a lighted squib was thrown, and warded off by another person, the injury arising therefrom is not the act of the latter person. Actus non reum facit, nisi mens sit rea. "An act does not make the person guilty, unless the intention be also guilty." There is not a maxim more true, nor one which should be more seriously considered than this ; for by the various degrees of criminality in the offender, the punishment should be inflicted. There are more grada- tions in crime, even where attached to the same offence, than " cSlors in the bow." Ad admittendum clericum. To admit a clerk (to holy office). A writ so called. Ad aliud examen. To another trial (for jurisdiction). Ad annum vigessimum primum, et eousque juvenes sub tutela reponent. To the twenty-first year, and until that period, they place youth under guardianship. Ad arma militare suscipienda. — ^Taking the arms from the knights. Ad assizam primam. To the first assize. Ad assizas capiendas. To hold the assizes. Ad audiendum, et faciendum, et consentiendum. To hear, perform, and consent. Ad audiendum errores. To hear errors. Ad colligendum defuncti. To collect (the goods) of the deceased. Ad communem legem. At common law. Ad commune nocumentum. To the common nuisance (or grievance). LAW GLOSSARY. 16 Ad compotem. To account. Ad consulendem. To couBsel. Ad curiam. At a court. Ad custagia. Expenses of judicial proceedings. Ad custodiend' sub certis conditionibus, et quod ipso paratus est ad deliberand' cui vel quibus cur' consideravit, &c. Sed utrum conditiones illse ex parte prsedicti quse- rentis adimpletse sunt ipse omnino ignorat et petit quod idem J. S. premuniatur. For safe keeping under cer- tain conditions, and wbicb. be is ready to deliver to bim, or to tbose persons tbe court sball see fit, &o. But wbetber tbe conditions on tbe part of tbe said plaintiff are fulfilled be is altogether ignorant of, and be demands (or requires) tbat tbe said J. S. may be secured. Ad damnum ipsorum. To tbeir loss. Ad delinquendum. In default. Ad ecclesiam, et ad amicos, pertinebit executio bonorum. Tbe administration of tbe goods will belong to tbe cburcb and to tbe friends (of tbe intestate). Ad effectum sequentem. To tbe effect following. Adeo recepta bodie sententia est, ut nemo ausit contra dicere. Tbe decree (or decision) was tbis day so re- ceived tbat no one dared to dispuie it. Ad eversionem juris nostri. To tbe overthrow of our rigbt. Ad excambium. — ■ — To recompense. Adepeimes. For tbe first time. Aderere. Behind. Adesouth. Beneath. Ad executionem decretorum judicii; ad estimationem pretii ; damni ; lucri, &c. For the execution of the award of judgment ; te parvum" (little). Cape ad valentiam. Take to the value. Cape de terra in bailLva sua tantse terrse, quod B. clamat ut jus suum. Take of the land in your bailiwick to (the value) of so much land which B, claims as his light. Capella. A chapel. Capeee, et habere potuisset.- ^He ought to take, and to hold. Capl^. — —" You may take." A writ authoriziug the' defendant's arrest. Vide note. Capias ad audiendum judicium. A writ to summon a defendant found guilty of a misdemeanor, but who is not -then present, although he has previously appeared. The writ is to bring him to receive his judgment. Capias ad computandum. That you take (defendant) to make account. Capias ad respondendum. That you take (defend- ant) to make answer. Capias ad satisfaciendum. That you take (defend- ant) to make satisfaction. Capias ad satisfaciendum, ita quod habeas corpus ejus, &c. That you take (defendan,t) to satisfy, so that you may have his body, &c. Vide note. Capias ad valentiam. That you take to the value. Capias in withernam. That you take a reprisal. Vide " Withernam." Capias qui capere possit. Let him catch who can. Capias si laicus. That you take (defendant) if he be a layman. Capias utlagatum. That you take the outlaw. Capiatue pro fine. A writ to levy a fine due to the king. Capita distributio, i. e. To every person an equal LAW GLOSSARY. 55 sTiare, when all the parties claim in their own right, and not ^'jure represeniaiionis" by right of representation. Capitales, generales, perpetui, et majores; a latere regis residentes, qui omnium aHorum corrigere tenentur injurias et errores. ^They (the judges of the king's bench) are principal, general, perpetual, and superior, sit- ting with the king, who are bound to correct the wrongs and errors of all others. Capitales inimicitise. Deadly hatred. This was formerly held sufficient to dissolve the espousals of mar- riage. Capitalis baro. Chief baron. , Capitalis justiciarius in itinere. The chief judge in eyre ; or itinerant judge. Capitalis justiciarius totius Anglioe. ^The chief jus- tice of all England. Capitalis plegius. ^The principal pledge. Capitaneus. ^In feudal law, a chief lord or baron of the king ; a leader, a captain. Capitabe. In surveying, to head or abut. Capitilitium. Poll money. Capitis sestimatio. A fine paid by the Saxons for murder, &c. Vide note. Capitis diminutio. The loss of civil qualification. Capitula. ^A collection of laws or regulations ai> ranged imder particular heads or divisions. Capitula de Judseis. The chapters (or heads) of an ancient book or register for the Starrs^ or mortgages, made to the Hebrews. Capitula itineris. Articles or heads of inquiry upon all the various crimes or misdemeanors, which, in old practice, the itinerant justices delivered to the juries from the various hundreds at the opening of their eyre or court. Capitulabia. Collection of laws promulgated by the early French kings. Captio. Taking or seizing of a person or thing. 56 LAW GLOSSAEY, Capturam avium pertotam Angliam iaterdixit. ^He forbade tlie catching of birds throughout all England. Caput lupinum. Anciently an outlawed felon was said to have "caput lupinum; that is, he was proscribed as the wolf of the forest. Caput, principium, et finis. The principal, the begin- ning, and the end. Caputium. A headland Cakcannum. ^A prison or a workhouse. Carceee mancipenter in ferris. That they be kept in prison in irons. Cabecta. A cart. Oarreta. A carriage or cart- load. Caeena. Forty days; quarantine. Carnalis copula.' This was formerly considered a lawful impediment to marriage; for if any one, during the life of his wife, contracted matrimony or espousals with another, and a " camalis copula" (carnal knowledge) ensued, and the woman knew the man had another wife, such marriage could not afterwards be established : but if she were ignorant of that fact, and no camalis copula had taken place, the marriage might be solemnized aficr the death of the first wife. Caret periculo, qui etiam tutus, cavit.' He 'a most free from danger who, even when safe, is on his jroard. Car tel est notre plaisir. " For such is our pleasure." This was a form of a regal ordinance under the Ncyrman line. It is now, happily, used only ironically, to note some arbitary act. Carrum.' ^A four-wheeled vehicle Carua, or Caruca. A plough. The tax which was formerly imposed upon every plough was called carucage, or carvage. Oasa. A house. When land was aaded tc . suffi- cient for one family's support, it was called Casata Cassetur billa. That the bill be quashed. LAW GLOSSARY. 57 Cassetue processus. That the process be quashed (or abated). .Castellanus. A castellain ; keeper of a castle. Castelloeum operatic. Oastle work. Casteb, Chester, Cestee. Signify fort or camp. Casteum. A castle. Casus.' A casualty. Casualitee, et per infortunium, contra voluntatem suam. Cafeually, and by misfortune, against his will. Casus Foederis. The matter of the treaty. Casus fortuitus. An accidental case. Casus fortuitus ; magis est improvisus proveniens ex alterius culpa, quam fortuitus. A chance case ; this is the more unexpected as arising from the fault of another person, than as happening accidentally. Casus omissus. An omitted case ; an opportunity neglected. Catalla. " Chattels : things moveable." It primar- ily signified beasts of husbandry. Catalla otiosa. Cattle which are not worked ; as sheep, swine, &c. Catameus. A chief tenant or Captain. Catchpole. An ofiicer who made arrests. Cateux sont meubles et immeubles; si comme vrais meubles sont qui transporter se peuvent, et ensuiver le corps ; immeubles sont choses qui ne peuvent ensuiver le corps, niester transportees, et tout ce qui n' est point en heritage. Chattels are moveable and immoveable ; if they are really moveable chattels they are those which may be taken away and follow the person ; immoveable (chattels) are those things which cannot follow the person, nor be carried away ; and all that is not in heritage. ^ Caulceis. Causeways. Caupo. An inn-keeper. Cauesines. ^Money lenders from Italy, who came into England in Henry 3d's reign. 68 LAW GI/OSSAEY. Causa adulterii-r-^r^On account of adultery. Causa impotentise. On account of incapacity. Causa latet, vis est notissima. The cause is unkno-rn, but the effect is most evident. Causa matrimonii prselocuti. By reason of the said marriage. Causa mortis. On account of death : In prospect of death. Causa praecontractus, causa metus, causa impotentise sen frigiditatis, causa affinitatis, causa consanguinitatis. ■ On account of precontract, fear, impotence or frigidity, affinity or consanguinity. Causa proxjma, et non remota, spectatur. The near- est cause, and not a remote one should be attended to. Causatoe. One who Htigates another's cause. Causa venationis. — ■ — ^For the sake of hunting. Causa venditionis. On account of a sale. Cause de remover plea. Cause to remove a plea. Causidicus.-; — ^A pleader. Caveat actor. " Let the actor be cautious." Let him beware of his own conduct. Caveat emptor. " Let the purchaser take heed." Let the person buying see that the title be good. Caveat vicecomes. ^Let the sheriff beware. Cavendum tamen est ne convellantur res judicatse, ubi leges cum justitia retrospicieri possint.— — It is however to be guarded against that adjudged cases be not reversed, where the laws on a review appear to have had respect to justice. Caya. A quay. Catagium. The duty paid on goods landed at a quay. Ceapgeld. The forfeiture of a beast. Ce beau contrat est le noble produit du g^nie de I'hom- me, et le premier garant du commerce maritime. H a eon- gulte les saisons ; il a porte ses regards sur la mer ; il a in- terrog6 ce terrible ^16ment; il en a jug^ I'iaoonstance ; il LAW GLOSSARY. 59 en a presenti les orages ; il a ^pi^ la politique ; il a recon- nu les portes et les cStes des deux mondes ; il a tout soumis h des calculs savans, k des theories approximatives, et il a dit au commer9ant habile ; au navigateur intrepide ; certes il y a des desastres sur lesquels rhumanitie ne peut que gemir ; mais quant k yotre fortune, allez francissez les mers, d^ployez votre activity et votre Industrie, je moi charge de yds risques. This excellent contract is the ahle production of the genius of man, and is the first se- curity to naval commerce. He has consulted the seasons ; he has made his observations on the sea, and has, as it ■were, interrogated this formidable element ; he is a judge of its inconstancy ; he personally experienced the effects of storms ; he possesses the political acumen ; he, in fine, possesses a knowledge pf the harbors and coasts of the two worlds ; he is in possession of the most difficult re- searches of the learned, and of their parallel theories ; and he is acknowledged to be well skilled in commercial affairs ; he is also a most intrepid navigator — ^that is to say, one well experienced in those dangers at which hu- manity shudders ; but when your fortunes, your activity, and industry are employed on the sea, I become responsi- ble for the results. Cedent. — — One who transfers or assigns. Celdra. A chaldron, a measure. Celebereimo huic conventu episcopus, aldermanxis inter sunto ; quorum alter jura divina : alter humana populum edoceto. At this renowned assembly, let a bishop and an alderman be presenj; ; let one instruct the people in di- vine, the other in human laws. Cbleraeius. ^The steward of a monastic institution, Celles que ne recognoissent superieure en Feidalit^, Those who acknowledge no superior in fidelity. Celles que trusts. Those persons entitled to the pur- chase money, ox the residue of any other property, after discharging debts, &c. bO LAW GLOSSARY. Celt^. A brave and warlike nation, or tribe, wlio formerly possessed old Oaul ; and afterwards the whole, or a considerable part of Scotland. Vide note. Celfi dont cette eau I'heritage, pent meme est user dans I'intervalle qu'elle y parevent, mais a la charge de la rendre a la sortee, de des sords a son course ordinarie. He who owns waters can use them along aU the course or space through which they run, with the obligation of re- ducing them again within their ordinary banks. Celui dont la pur priett bord un eau courante autre que celle qui est declar^e dependance du domaine publique par I'article, &c. — ^peut a en saver a son passage pour I'irriga- tion de ses proprieties. He whose property is bounded on a stream of water which is not by the deed, &c., declared to belong to the domain for public use, may yet use sufl- cient to irrigate his lands. Celui qui a parte dans une fonds pent an user a sa vo- lante, saufle droit que la proprietaire du fonds superieur pourait avoir acquis, par litre, ou par prescription. He who has a part in a freehold property, can dispose of it at his own will and pleasure, saving the right which the prin- cipal proprietor thereof might have acquired, by virtue of contract, or of prescription. Cenegild. Among the Saxons the fine which was paid by a murderer to the relatives of the deceased, by way of compensation or expiation. Cenell-S!. Acorns. Cbnninga. Where one party purchases an article of another, and afterwards the thing sold is claimed by a third party, the buyer gives notice or cenninga to the seller, that he may appear and justify the sale. Sixon law. Ceksaeil ^Farmers subject to a tax. Censuales. Persons who subjected themselves vol- untarily to a church or monastery, in order to procure pro- tection. LAW GLOSSARY. 61 Censumoethidus. A dead rent. Census regalis. The ancient royal revenue. Centena. A tiundred weiglit. Centenaeius. A petty judge under the sheriff (and deputy to the principal governor of the county), who had rule of a hundred ; and was a judge in small concerns among the inhabitants of the hundred. Centeki. The hundred men from each district among the old Germans, who were enrolled for military service. Centeni ex singulis pagis sunt, idque ipsum inter suos vocantur ; et quod primo numeris fuit, jam nomen et honor est. ^The hundredors are (electors) &om the several counties, and are so called among themselves ; and that which -was at first a number, is now a name and.honor. Centessim^. Interest at twelve per cent, per annum. Centumviel Judges among the Eomans. Yide note. Ceo est le serement que leroyjurre a soun coronement : Que il gardera et meintenera lez droitez et lez franchisez de seynt esglise grauntez auncienment des droitez roys christiens d'Engleterre, etquil guardera toruez sez terrez, honoures et dignitez droiturelx et franks del coron du ToUme d'Engleterre, en tout maner dentierte sanz nuU maner damenusement, et lez droitez dispergez dilapidez oti» perdez de la corone a soun poiair, reappeller en I'auncien estate, et quil guardera le peas de seynt esglise, et al clergie, et al people de bon accorde, et quil face faire entontez sez judgementez owel et droit justice, one discrecion et miseri- corde, et quil grantera a tenure lez leyes et custmez du roialme, et a soun poiair lez face garder et affirmer, que lez gentez du people avont faitez et esliez, et les malveys leyz et custumes de tout oustera, et ferme peas et establie al people de soun realme, en ceo garde esgardera a son poiair ; come Dieu luy aide. This is the oath which the King swears at his coronatiou : That he will keep and maintain the rights and franchises of the holy church, formerly granted by the rightful christian kings of England ; and 62 LAW GLOSSARY. that he will keep all his lands, honors and dignities of royal and free right, pertaining to the crown of the king- dom of England, in all manner without diminution ; and that the rights of the crown, scattered, dilapidated or lost, te shall recall to the best of his power, to their ancient estate ; and that he will keep the peace of the holy church, both to the clergy and the people with good accord : and that he will dispense in all his judgments, equal and im- partial justice, with discretion and mercy : and that he will adhere to the laws and customs of the kingdom : and to the best of his power cause them to be kept, and maintained, which thei people have made and agreed to : and that he will abolish the bad laws and customs altogether ; and pre- serve firm and lasting peace to the subjects of his kingdom, in this regard he will keep to the utmost of his power. So help him God. Ceoel, Carl, Chuel.-^-^A Saxon name for a freeman employed in husbandry. Ceo n'est que un restitution en lour ley pur que a ceo n'avemus regard, &c. This is but a restitution in their law, to which we pay no attention, &c. Cepi corpus, et est in custodia. ^I have taken the body, and it is in custody. Cepi corpus, et est languidus. — ^I have taken the body, and it is sick. Cepi corpus et paratum habeo. 1 have taken the body, and have it ready. Cepi corpus in custodia. " I have taken the body in custody." These were several returns to writs, forriierly made when the proceedings were in Latin. Cepit et asportavit. — '■ — He took and carried away. Cepit et asportavit centum cuniculos. He took and carried away a hundred rabbits. Cepit et asportavit captivum et ipsum in salva sua custodia adtunc et ibidem habuit et custodivit, quosque LAWGLOSSAHY. 63 defensores ipsum e custod' prsedict' felonice ceperunt et recusser', &c. He took and carried away tlie prisoner, and then and there held and kept him in safe custody, until the defendants feloniously took him out of his said custody, and refused, &c. Cepit in alio loco. He took in another place. " Ce qui manque aux orateurs en profondeur, Hs vous la donne en longueur." What orators want in depth, they give you in length. Ceeevisia. Ale or beer. Certa et utilia agendo. By doing things sure and useful. Certe, altero huic seculo, nominatissimus in patriS juris consultus, astate provectior, etiam munere gaudens publico et prsediis amplissimis, generosi titulo bene se habuit ; forte quod togatse genti magis tunc conveniret civilis ilia appel- latio, quam castrensis altera. Certainly in the last age the most eminent counsellor in the country, advanced in life, who enjoyed a public gift (or pension) and most am- ple estates, and was well (satisfied) that he obtained the title of a gentleman ; perhaps, because this civil term, better suited a gownsman at that period, than a military title. Ceetificatio assisse novse disseisinae. A writ former- ly granted for the review of any matter passed by assize, where some points had been overlooked or neglected. Certiorari. "To be certified of: to be informed of." A writ directing the proceedings, or record of a cause, to be brought before a superior court. Certiorari, ad informandum conscientiam. To cer- tify, to inform the conscience. Certiorari ex debito justitiae. To be informed of a debt (or what is due) on account of justice. Certiorari quare executionem non. To certify why execution (has not been issued). Certiorari quare improvide emanavit. To be certi- fied wherefore it improperly issued. 64 LAW GLOSSAET, Certmonet. Head money or fine. Certum est quodcertum reddi potest. " That is fixed or determined -whicli can be reduced to a certainty ;" as where a person covenants tcJ pay as much money as a given quantity of a particular stock will be worth on a certain day ; this can be reduced to a certainty by a cal- culation, and is therefore a sum certain for which an action lies, Cervisarii. Those tenants who were obliged to pro- vide ah or cervisia for the lord or his steward. Cervisiarius. A brewer. Ce sont des choses que faut pensir. These are things which must be considered. Cessante causa, cesset efifectus. " Eemove the cause, and the efiect will cease." Cessante ratione, cessat et ipsa lex. " The reason ceasing, that law is (then) superseded." Many statutes have been made on pressing occasions to meet the exi- gencies of the moment ; as where some crime is peculiarly predominant, and nothing can check it but a most sangui- nary law ; yet when that vice is at an end, it would be cruelty to give those laws a permanent duration. Cessante statu primitivo cessat derivativus. ^The original or first condition ceasing, that which is derived from it also ceases. Cessat executio. " The execution ceases." These words are often applied in case trespass be brought against two or more persons, and if it be tried, and found against one only, and the plaintiff take execution against him, the writ will abate as to the others : then there ought to be a "cessat executio" till it be tried against the other defend- ants. Cessavit. An obsolete writ which could formerly be sued out when a tenant had ceased for two years to pay his rent and services, and had not sufficient goods upon the premises to be distrained. LAW GLOSSARY'. 65 Cesse. An assessment. Cessio bonorum. " A surrender of effects." This was in use among tlie JSomans wliere a debtor became in- solvent. It is also a process in the law of Scotland, very similar to that under the statutes relating to bankruptcy in England. Cessit processus. — '■ — The proceeding has ceased. Gessoe. One who is liable to have a writ of cessavit served against him for the long neglect of some duty de- volving upon him. Cessuee. A bailiff. C est une autre chose. " It is another thing." The proof is at variance with the statement of the case. C'est le crime qui faite la honte, et non pas I'echa- faud. It is the guilt, not the scaffold, makes the crime. Cestut que trust. A person for whose use another is seized of lands, &c. Cestut que use.— — A person for whose use land, &o., be given or granted. Cestut que doit enheriter al pere, doit enheriter al fils. ^He who should inherit to the father, should inherit to the son. C EST un beau spectacle que celui des lois feodales ; un ch^ne antique s'eleve il faut percer la terre pour les racines trouver. Feudal laws are an excellent subject for ob- servation : in order to ascertain the growth of an ancient oak, we must penetrate the earth to find its roots. Cestut que vie. One for whose life a gift or grant is made. C EST une espece de jeu, qui exige beaucoup de prudence de la part de ceux qui s'y addonent. E faut faire I'annalyse des hazards, et possider la science du calcul des probabili- ties ; pr^voir les eciieils de la mer, et sen de la marivaise foi; ne pas perdre de vue les cas insolites et extraordi- naires; combiner le tout, le comparer avec le taux des 5 66 LAWGLOSSAET. primes, et juger quel sera le resultat de I'ensemble, This is a species of game -which requires much prudence on the part of those who engage therein ; persons must examine with scrutiny all its hazards, and possess the science of calculating probabilities ; they must previously know the effects of sea storms ; nor are they to lose sight of isolated or rare occurrences: those must be well combined and compared together: nor let the result of the whole be considered despicable or unworthy of notice. Cette interdiction de commerce avec les ennemis com- prehend aussi de plein droite, le defense d' assurer les effets, qui leur apartiennent, qu'ils soient charges sur leur propres vaisseaux, ou sur des navires amis, allies, ou neutres, &c. • 'This interdict on commerce with the enemy, compre- hends, of course, the prohibition to insure the effects which belong to them, whether (loaded) in their own ves- sels, those of their friends, allies or neutrals. Chafewax. An officer in English chancery who melts or fits the wax used in sealing writs, commis- sions, etc. Chaffers. ^Wares, merchandise. Chalunge. ^A claim. Chambium. Change or exchange. Champart. Champarty. Vide " Gampi parUtio." Chargeant. Weighty ; heavy. Charge des affaires. A person in charge of the em- bassy. Chare. A plough. Chaeette.. A cart. Charta cyrographata. A written charter which is executed in two parts, and cut through the middle. Charta de foresta. The charter of the forest. Charts, folia, vel plagulae, liber. Papers or writings, leaves, sheets (of paper) a book. Vide note. Charta libertatum regni. The charta of the na- tion's liberties, usually called "Magna Charta" (the great charter). LAWGLOSSARY. 67 Chaeta per legem terrse. The charter by the law of the land. Charta sua manifeste expressa. Clearly expressed by her deed (or writing). Chaetel. A letter of challenge to single combat. CHARTlS'reddendis. Writ for re-delivering a charter. Chasea. A chase. Chastell.' A castle. Chateaux. Chattels. Chaud-medley. Chance-medley : death by accident, Chaux. Those. Chaye. Fallen. Cheaunce. An accident. Chef de la societe. The chief (or president) of the company (or firm). Cheie, Checir. To fall ; to abate. Cheseun. Every one. Chevage. A tribute formerly paid by bondmen to their lord. Chevance. Goods ; money. Cheveres. Goats. Chevi?ance. Signifies, in the French language, agree- ment, compact. Legally, it means an unlawful bargain or contract. Cheviti^. ^The heads at the end of ploughed lands. Chi apres. Hereinafter. Chippingavel. A tax upon wares or merchandise brought to a place to be sold. Chirgemot. An ecclesiastical assembly or court. Chibographa. "Writings under hand. Chose in action. A thing in action. Christiani-judaizantes. " Judaizing-Christians." Jews converted to Christianity, but retaining a regard for the Mosaic ceremonies. Churchesset. An ancient annual tribute paid to the church in grain on St. Martin's day. 68 LATV GLOSSARY, Chuech reeve. Churcli warden. CiBATUS. ^YictTialled. CiNQTJE ports. Formerly five, but noyr seTen ports on the southeast coast of England. CiPPi. The stocks. CiECA ardua regni, — —^Concerning the weighty affairs of the realm. CiECADA. ^An ancient tribute paid to the bishop or archdeacon upon visiting the churches. CiECUMSPECTE agatis. "That you act cautiously," The title of an act of 13th of Edward the First, (or rather 9th Edward Second) prescribing certain cases to the judges concerning which the king's , prohibition was of no avail, CiviLiTEE mortuus. " Dead civilly — or dead in law," Thus if a man be sentenced to die — ^he is said to be " dv- iliter Tnortuus" or dead in the eye of the law, CiviTAS ea autem in libertate est posita, quae suis stat viribus non ex alieno arbitrio pendet. That state is free, which depends upon its own strength, and not upon the arbitrary will of another. Claia.^ A hurdle. Clamantem et auditum infra quatuor parietes. "Cry- ing and being heard within the four walls," This was ap- plied to cases where a man married a woman, seized in fee, and a child was born, which had been heard to cry, the hus- band was then called tenant by the curtesy. Vide " Tamen clamorem." Clandestino copulati fuerunt. " They were united by stealth" : the marriage was solemnized secretly, Clare constat. A precept to. give possession of lands to an heir,- Claxjse bolls or close eolls.^ Holls containing the records of writs, close and other documents, which are pre- served in the English public records. Claustuea. An enclosure. LAW GLOSSARY. 69 Clatjstjm fregit. He broke tlie close, or field. Clausum paschse. The eighth day after Easter, or the close of that feast. Claves insulse. The title of twelve persons in the Isle of Man, to whom all doubtful cases were referred. Literally, the keys of the island. Clavia. — —A club. Clementia principis, de consilio procerum indulta. The indulgence of the prince, allowed from the council of nobles. Clebici de cancellaria. Clerks of the Chancery. Cleeioi prasnotarii. The six clerks in Chancery. Glebico capto per statutum mercatorum. Writ to deliver a clerk out of prison, who had been arrested upon the breach of a statute merchant. Cleeicus mercati. Clerk of the market Clerimonla.. ^Privilege of clergy. Cleeonimus. An heir. Clito — Sax. The son of a king. Cnafa — Sax. ^A knave. Vide note. Cntt — Sax. ^A knight. Lat. Miles; and JSques au- latus. Vide note. CocKET. A custom-house seal. Codex Justinianus. Justinian's code of laws. Vide note. Codicillus. A little book : a codicil to a wiU. Vide note. CoEMPTio. A mutual purchase. Vide note. CoGNATL Cousins ; kinsmen. CoGKATio legalis ; est personarum proximitas ex adop- tione vel arrogatione, solemni ritu facta perveniens. " A legal relationship is a proximity (or near degree of affinity) of persons, either from adoption or assumption (as belonging to the family) established by a solemn act." This was formerly by the canon law an impediment to marriage. 70 LAW GLOSSARY. COGNITIO. ^Eoman law. The judicial hearing of a cause. CoGNOsciT. He confesses ; he acknowledges. Cognovit actionem. "He has acknowledged the action." After suit brought, t1ie defendant frequently con- fesses the action ; judgment is then entered on the record without trial : or the defendant signs an instrument called a cognovit. Cognovit actionem, relicta verificatione. He con- fessed the action, having abandoned his plea. CoLLATio bonorum. An assessment of goods : also an assessment or impost upon the people. CoLLECTUM ex senibus desperatis, ex agresti luxuria, ex rusticis decoctoribus, ex iis, qui vadimonia deserere quam ilium exercitum maluerunt. A mob collected from desperate veterans, and rustic spendthrifts, in servile (or clownish) luxury, and from those who would rather desert their bail than that army. Collegium si nuUo speciali privilegio subnixum sit here- ditatem capere non posse, dubium non est. ^If a corpor- ation be erected without any special privilege (or grant) it is certain it cannot take an inheritance. CoLLiSTRiGiUM. "A piUory." This was formerly used in England to punish many offences. Vide note. CoLLOBEiuM. A covering worn by sergeants-at-law upon their shoulders, with the coj/" upon the head. Colloquium. " A discourse : a conference." A talk- ing together, or affirming a thing laid in a declaration for words in an action for slander. Colore officii. Under color (or pretence) of office (or duty). CoLNE. A calculation. CoLPARE. To lop off— as to cut off the tops or boughs of trees. COLPICIUM. The Latin form for cojppice or young wood closely cut or lopped. LAVr GLOSSARY. 71 CoLUNT discreti et diversi, ut fons, ut campus, ut nemus placmt. Their habitations were severed and distinct, as a fountain, a field, or a grove pleased them. Combe. A valley. CoMBUSTio domorum. The burning of houses : arson. Come ceux qui refusent etre a la commune loy de la terre. Those who refuse to abide by the common law of the land. Comes. An earl : the governor of a county. Come semble. As it appears. CoMiTAS inter gentes. Courtesy between nations. CoMiTATUS. A county. COMITIA centuriata. These were courts held by the Bomans, where the people voted by Centuries. COMITIA majora, et comitia minora. The greater and lesser courts among the Bomans. Comitia tributa. ^In the Comitia tributa the Bomans voted, divided into tribes according to their regions or wards, (ex regionibus et locis.) Vide A. Oell. xv. 27. Vide note. CoMiTissA. A countess. CoMMENDA. — A commendam. A recommendation to elect a bishop. CoMMEECiA belli. ^^'"ar contracts. CoMMiTTiTUR piece. A written instrument by which a defendant already in custody, is charged in execution at the suit of the person who arrested him. Commorancy. The staying or living in a place as an inhabitant. CoMMODATUM. A loan : a thing trusted to a bailee. Common pur cause de vicinage. Common by reason of neighborhood. Commote. Half of a cantred in Wales, numbering fifty villages. Commune concilium regni, magnum concilium regis curia, magna conventus magnatum, vel procerum, assiza 72 LAW GLOSSARY. I generalis. The general council of the realm, the ting's great council, the great court, the assembly of the great men or nobles, the general assize (or array). Commune piscarium. Common fishery; a right of fishing without restriction. Commune vinculum. The common bond : the com- mon stock (of consanguinity). COMMUNIA pasturae. " Common of pasture." The ma- jor part of the farms in England have a right of feeding certain cattle at different seasons of the year, as an appur- tenant ; which right passes on sale or lease of the land ; and when' an act is passed for inclosing the commonable lands in the parish, &c., where the farm is situate, the com- monable lands are then generally divided between the persons entitled to the tithes, and the freeholders, in pro- portion to their respective interests in the land, in the parish, &c. CoMMUNiA piscarise.- The right or liberty of fishing in another man's water. CoMMUNiA placita non sequantur curiam regis, sed te- neantur in aliquo loco certo. "The Common Pleas can- not follow the king's court (or household) but be held in some certain (or fixed) place. Formerly, the Common Pleas court was held at the place where the king resided ; but that being found inconvenient, it has been for many years disused, and for ages held at Westminster Hall. Vide note. CoMMUNLi turbarise. — — The liberty of digging turf on another man's ground. CoMMUNiBUS annis. In ordinary years: one year ■vsrith another. Communis error facitjus. " Common error (or wrong) gives a law or right." This may be sometimes the case, as what was illegal &t first, may in the course of years become an incontrovertible right. Lord Kenyan, in the case of Bex V. The inhabitants of Eriswell, Dumf. & Easts Rep. said. LAWGLOSSART. 73 "I perfectly well recollect Mr. Justice Foster say, that lie liad heard that ' communis error facit jus,^ but I hope I shall never hear that rule insisted on, setting up & misconstruction of the law, a destruction of the law." Communis rixatrix. -"A common female brawler or scold." Formerly, a woman guilty of this offence, was lia- ble to be immersed in a pool of water. Communis strata via. 'The common paved way. CoMMUNiTAS regni Anglise. An ancient name for the English parliament. CoMMUNiTEE usitata et approbata. Generally used and approved. CoMPASCUUM. ^Belongs to commonage. COMPELLATIVUM. An adversary. CoMPENSATio criminis. ^A compensation for crime. CoMPENSATio necessaria est, quia interest nostra potius non solvere, quam solvere. Compensation is necessary, because it is rather for our benefit not to pay, than to pay. CoMPEBTOEiUM. A judicial inquest to find out the truth of a cause. CoMPERUiT ad diem. He appeared at the day. CoMPESTEE. To manure. CoMPONEEE lites. To settle disputes. CoMFOSiTio mensarum.-- — The composition of meas- ures. Compos mentis. " Of sound mind." A man in such a state of mind as to be qualified legally to sign a will, or deed, &c. CoMPUEGATOEES. Compurgators. Vide note. Concessimus etiam pro nobis et hjeredibus nostris ex certa scientia nostra et de assensu prsedicto eidem majori, ballivis, et burgensibus ac eorum hseredibus, et successori- bus quod ipsi se appropriare et commodum suum facere possint de omnibus purpresturis, tarn in terris, quam in aquis, factis vel faciendis, et de omnibus vastis ipsa limites et bundas villee praedictse in supportationem onerum infra 7i LAWGLOSSAET. villam preedictam in dies emergentium. Also we grant for ourselves and our heirs, by reason of our certain knowl- edge, and by tlie aforesaid consent to the same mayor, bailiffs and burgesses, and to their heirs and successors, that they appropriate and take (money) for their own ben- efit, on account of all the purprestures (or obstructions) as well in the lands as in the waters, made or to be made, and from all the wastes, the limits and bounds of the aforesaid village to support the charges within the said village for the time to come. Vide Dicitur purprestura. CoNOESSiONES. Grants. CoNCESSlssE. To have granted or yielded up. CoisrcESSiT, et demisit. He has granted, and demised. Concessit secundum consuetudinem manerii. He granted (or demised) according to the custom of the manor. CoNCiLiABULUM. A council-house. CoNCOEDiA discordantium canonum. "The agree- ment of the undigested (or jarring) church laws." Gener- ally known by the name of '■'■ Decretum Gratiani" One Oratian, an Italian monk, about the year 1150, reduced the ecclesiastical constitutions into some method in three books, which are called " Ooncordantia discordantia d&cretum" CoNOUBiTU prohibere vago. To forbid an indiacrimi- nate connection. CoNCULCARE. To trample upon. CoNCtTEEENTiBUS iis quidem jure requiruntur. By the concurrence of those things which the law requires. Conditio est mehor possidentis. The condition of the possessor is preferable. CoNDiTiONEM testium tunc inspioere debemus cum sig- narent, non mortis tempore. We ought to consider the condition (or respectabUi.ty) of witnesses when they sign, not when they die. Conditio scripti obligatorii prsedicti. The condition of the said writing obligatory. LAWGLOSSABY. 75 Conditio testium. The condition (or appeaxanoe) of the witnesses. CoNDONATio inj urise.' A remitting of injury. CoNDUCTio. A hiring. CoNDUxiSTi yehenda mancipia : mancipium nnum in navi mortuTim est ; quseritur num vectura debeatur ? Si de mancipiis vehendis inita conventus est non debetur, si de mancipiis tantum navi imponendo debetur. 'You have bargained to carry slaves : one died on board the ship, it was asked if any thing be due for the carriage. If the agreement was for carrying the slaves, it is not due, but if only for those put on board the ship, it is payable. Cone and Key. An old English phrase used for accounts and keys which were put in a woman's possession when she commenced housekeeping. CoNFECCiON. The making a charter, deed or oth^r instrument in writing. CoNFiRMATio chartarum. " The confirmation of the charters." After Magna Charta was signed by king John, in Runnymede meadow, near Windsor ; and after the sign- ing of Charta foresta, the barons frequently required sub- sequent kings to confirm these charters ; this was called " Ccmfirmatio chartarum." CoNFLiCTtis legum. A contradiction of laws. CoNGEABLE. ^Lawful. Conge d' elire. " Leave to elect." — The king's per- mission to a dean and chapter to elect a bishop. CoNGius. A measure containing a gallon and a pint. Conjudex. An associate judge. CoNJUNCTiM, aut separatim. Jointly or severally. Conjuration. A sworn plot formed by persons to do any public harm. {Old English law). CoNNOissEMENT. A bill of lading. CoNNUBiUM. ^Matrimony between citizens. Vide note. CoNQUAESTOR. Conqueror OoNQUisiTio. ^Acquisition. 76 LAWGLOSSAET. CoKSANGUiNEi. Relations. CoNSCiENTiA boni viri. The conscience of an hon- est man. Consensus facit legem. — — " Consent makes the law." Where persons of sane mind enter into contract with each other, and their consent to the bargain be obtained without deceit, there must be a considerable inadequacy in the value .given or received to rescind the contract. Consensus, non concubitus facit nuptias.-^ Consent, not consummation, makes the marriage (valid). Consensus toUit errorem. Consent removes the error. CoNSENTio modum dat donationi. Consent; gives the form to the gift. CoNSENTiEE videtur, qui tacet. "He appears to con- sent, who remains silent ;" or, as the old adage expresses it, " silence gives consent." CoNSERVATORES pacis. Keepers of the peace. CoNSlDEEATU'M cst per curiam. It is considered by the court. CONSILIAEIUS. A counsellor. CoNSiLiAEius natus. Sometimes said of a nobleman : one who sits by hereditary right in the house of peers. CoNSiLii fraudulenti nulla obligatio est, C£eterum si do- lus et caliditas intercessit, de dolo actio competit. "We are not bound by dishonest counsel ; but it is otherwise, if deceit and craft have been used {there) the action lies because of the deceit. CoNsiMiLi casu. In a like case, CoNSiSTATORio et collegio suo perpetuo excludatur, et universitate exulabit. That he may be forever excluded from the consistory, and from his college, and exiled from the university. CoNSiSTOEY. A council of ecclesiastics CoNSOBEiNl. Cousin germans. CoNSOLATO del mare. The title of the most ancient collection of European sea laws extant. LAWGEOSSART. 77 Constat feudorum originem a septentrionalibus gentibus flnxisse.- 'It is agreed that the origin of feuda descended from the northern nations. GoNSTBUCTio generalis. ^A general construction. CON8UETUDINAE10S, An old book, containing the customs of abbies and monasteries. CoNSDETUDiNES. — — Customs ; usages. CoNSUETUDO est altera lex. Custom is another law ; custom is equivalent to law. CoNSUETUDO et lex Anglise. ' The custom and law of England. CoNSUETUDO loci observauda est. The custom of the place is to be observed. CoNSUETUDO manerii et loci est observanda. ^The cus- tom of the manor and place is to be considered. CoNSUETUDO pro lege servatur.-^ — Custom is to be held as law. CoNSULES, (a consulando ;) reges enim tales sibi assooiant ad consulendum. Consuls (deriving their name from consulting), for kings associate with such persons to be advised. • CoNTEMPOEANEA consuetudo optimus interpres. Co- temporary custom is the best interpreter. CoNTEMPOEANEA expositio cst fortissima in lege. ^A contemporaneous interpretation (exposition or declaration) is strongest in the law. CoNSULTi periti. Lawyers. Oic CoNTENEMENTUM, est sestimatio et conditionis forma, qua quis in republica subsistit. Contenement, (countenance or credit,) is that estimation and manner of rank or value which any persons sustains in the commonwealth. CoNTESTATio litis. The contesting a suit. CoNTiNETUE ad tenorem, et ad effectum sequentem. It comprised to the tenor and effect following. OoNTiNUANDO prsedictam transgressionem. By con- tinuing the said trespass. 78 LAW GLOSSARY. CoNTiNUO voce. With a continual cry (or claim). CoNTKA bonos mores. Against good morals. CoNTEAFACEEE. To Counterfeit. CoNTEA Actionem non admittitur probatio ; quid enim efficeret probatio veritatis, ubi fictio adversus veritatem fingit? Nam fictio nihil aliud est, quam legis adversus veritatem in re possibili ex justa causa dispositio. Proof is not admitted against fiction, for -what could the evidence of truth effect, where fiction supposes against truth ? For fiction is no other than an arrangement of the law against truth, in a possible matter, arising froni a just cause. CoNTEA jus belli. Against the law of war, COJS'TEAMANDARE.— ^ — To countermand. OoNTEA morem et statuta. Against the custom and the statutes. CoNTBA officii sui debitum, Contrary to the duty of his office. Contra omnes homines fidelitatem fecit. He per- formed fealty (or homage) in opposition to all men. CoNTEA pacem. Against the peace. Vide note. CoNTBA pacem bailivorum. Against the peace of the bailiffs. CoNTEA pacem domini regis. ^Against the king's peace. CoNTEA pacem domini regis et contra formam statut' in hoe casu nuper edit' et provis'. Against the king's peace, and contrary to the form of the statute in this case lately enacted and provided. CoNTEAi'LACiTUM. A countcrplea. CoNTEA proferentem. — ■ — Against him who offers (oi produces). CoNTiiAEOTULATOR. A Controller. CONTEAEOTULUS. A Counter roll. CoNTEA vadium et plegium. ^Against gage and pledge. CoNTEAXissE unusquisque in eo loco intelligitur, in que LAW GLOSSARY. 79 solveret se obligavit. Every one is understood to have contracted in that place where he has bound himself to pay. OoNTEOVER. — — A false newsmonger. CoNTUBEENiuM. The Cohabitation of slaves among the Bomans was so called. Vide note. CoNUSANCi. Cognizance. OonvenIre. To covenant. CoNTENTio vincit legem. A covenant governs (or rules) the law. CoNVENTio vincit et dat legem. The agreement pre- vails and gives the law. CoNVENTio vincit et dat modum donation!. The agreement prevails and establishes the manner of the gift (or grant). CoNVENTUS privatorum non potest publico juri derogare. The agreement of individuals cannot abridge the public right. CoNVlCTUS est, et satisfaciet juxta formam statuti. He is convicted, and should make satisfaction according to the form of the statute. CooPEETlo. An outer coat or covering, as the bark of a tree. CooPERTUM.' A covert ; a hiding place or shelter for beasts in a forest. Cope. A hill. CoRAAGiUM. A tribute of a certain measure of com. Coram Domino Eege, &c., ad respondendum Ashy de placito transgressionis. Before the lord the king to answer Asley of a plea of trespass. i Coram Domino Eege ubicunque tunc fuerit Anglise. Before the lord the king wheresover he shall then be in England, Coram justiciariis ad hoc specialiter assignatis. ^Before justices specially assigned for this purpose. Coram me vel justiciariis meis. Before me or my justices. 80 LAW GLOSSARY. GoEAM nobis ubicunque fuerimus in Anglise. Before us wlieresoever we shall be in England. CoEAM non judioe. ^Not before a judge : at an im- proper tribunal. CoEAM non judioe, quod omnes concesserunt. All have agreed that there is no jurisdiction. Coram paribus. In presence of (his) peers (or equals). GoEAM paribus curiae. In presence of (his) peers (or equals) of the court. CoEAM paribus de vioeneto. In presence of (his) peers (or equals) of the neighborhood. CoEAM vobis. A writ of error, on judgments of the court of Common Pleas or other courts than the King's or Queen's Bench ; the writs to correct the judgments of this latter court are styled cobam nobis. GoENAGE. A tenure, the service of which was to hhw a horn in case the enemy was perceived. OoEODY. A right of sustenance. CoEPOEA cepi. 1 have taken the bodies. CoEPOEA corporata. Bodies corporate. GoEPOEE nuUis contagiosis, aut incurabilibus morbia viti- oso, aliasve deformi aut mutilo. ^"Not having a diseased. body, afflicted with any contagious or incurable disease, or deformed or mutilated." These were objections to fellow- ships in some colleges. OOEPUS delicti. " The body of the offence]" or the very nature and essence thereof. CoEPtrs humanum non recipit sestimationem.^ The human body is above all price. CoEPUS juris canonici. The body of the canon law. GoEPUS juris civilis. The body of the civil law. CoESEPEESENT. The present given to the minister of a parish upon the death of a parishioner, was anciently thus called, because it was brought to the church at the time of the burial along with tlie corpse. CoESNED. ' ' The mouthful of execration." The piece LAWGLOSSABY, 81 of bread by wliicli some suspected criminals were tried tmder the Saxon laws. CoET. Short. CoRTULAEiUM. A yard adjoining a farm. CosENiNG. An offence mentioned in old English law, where deceit is practised. Coshering. A feudal practice for lords to entertain themselves at their tenants' houses. GosHSTAGE de consanguineo. Eelationship concerning kindred. COSTAGES. Costs. Costs de incremento. Costs of increase. CoTA, cotagium. A cottage. CoTAEius, cotarellus. -A cottager. CoTEMPORANEA expositio. A cotemporaneous inter- pretation. CoTLAND, cotselhland. Land held by a cottager. CoTUBE. An enclosure. CouOHANT. Lying down. Counter-roll. In old practice, a roU kept by one officer as a check upon another's roll. Coupe.' Fault. Court of Star Chamber. A court of very ancient origin in England having jurisdiction over riots, and other notorious misdemeanors, without any jury. In the pro- gress of time, its powers were much abused, so that it was abolished in the reign of Charles I. CousTUMiEE. A book of customs and usages in the old law of France. Covert. Married. Covert Baron. Under the protection of a husband. Covinous. Fraudulent. Cbassa negligentia. " Gross negligence." Sometimes applied to professional persons and others who have man- aged matters, for which they were retained, in a very care- less manner, or with " gross negligence ;" such persons are 6 82 LAW GLOSSARY. liable to actions on tte case at the suit of tlie party injured. CEASTruuM animarum. " The morrow of all Souls." One of the ancient returns of original writs. Creamus, erigimus, fundamus, incorporamus. "We create, erect, found and incorporate." "Words used on in- corporating a college. Creanci. Belief, faith. Crementum comitas.- The increase of the county. Crepaee occulum.—— To put out an eye. Crepusculum. Twilight. Criez la peez. Eehearse the concord or peace. Crimen animo felleo perpretratum. A crime com- mitted with an evil intent. Crimen falsi. Forgery. Crimen imponere. To impute a crime or offence. Crimen incendii. Arson. Crimen Isesae majestatis. High Treason. Crimen Eaptus. Eape. Ceockards. An ancient foreign coin prohibited m England in Edward 1st reign. Croft. A small piece of land adjoining a dwelling, and enclosed for cultivation. Croises. Pilgrims. Cruce judicium. The trial of the cross. Cruce signati. Signed or marked with the cross. Ort de pais. A cry of the country. Cui ante divortium. To whom, before a divorce. Cui bono? "To what end?" For what good pur- pose? CuicUMQUE aliquis quid concedit, concedere videtur etid sine quo res ipsa esse non potest. " To whomsoever any person grants a thing, he appears to grant that without which it cannot be enjoyed." Thus, if a man grant the trees standing in his field, a right of way is also tacitly granted for the purpose of felling and carrying them away. LAWGLOSSART. 83 Cui de jure pertinet. — ■ — To whom by right it belonged. Cui in vita sua, vel cui ante divortium, ipsa contradicere non potuit. What in her Hfetime, or previous to divorce, she could not contradict. CuiLiBET in arte sua credendum est. " Every person should be believed in his own art or mystery." Persons skilled in any particular science are entitled to have credit given them as to those matters which they have made their peculiar study, especially when on oath. Cui licet quod majoris, non debet quod minus est non licere. He to whom the greater thing is lawful, has cer- tainly a right to do the less thing. Cui malo ?■ — — To what evil? What injury will result from the act proposed ? CuiQUE enim in proprio fundo quamlibet feram quoque modo venari permissum. For it is permitted to every person to hunt a wild beast on his own land, in any man- ner he pleases. CuJUS commodum ejus debet esse incommodum. He who has the benefit should also bear the disadvantage. CuJus est dare ejus est disponere. He who has the power to give has the right to designate the mode of its application. CuJus est divisio, alterius est electio. " Who makes the division, the other has the election." Thus, where a division of an estate is made, if one party apportion, the other shall take which share he pleases. Cujus est solum ejus est usque ad coelum, et ad inferos. He who owns the soil, has it even to the sky, and to the lowest depths. CuJUSQUE rei potissima pars et principium. The most important of every thing is the beginning. Cujus quidem tenor. Also of this purport. Cujus regis temporibus hoc ordinatum sit, non reperio. 1 do not find in what king's reign this was ordained. Cujus tenor sequitur. Whose import follows. 84 LAW GLOSSAEY, Cul'. This is an abbreviation of " culpaiilis," guilty. CuLPJE admimerantse : veluti si mediciis curationem dere- linquerit, male quempiam secuerit, aut puerperam ei medi- camentum dederit. These are reckoned offences : if a Physician has neglected a cure; performed an operation improperly on any person, or given a woman in childbirth medicine unskilfully. Culpa lata aeqiiiparatur dolo. — — " A concealed feult is equal to deceit." Morally speaking this maxim is true, but a purchaser should have the words " caveat emptor," (let the purchaser beware,) continually in his mind. CuLVEETAGE. Confiscation. Cum accident. When it may happen. Cum assensu prsefectorum sedium. ^With the consent of the governors of the houses (or colleges). Cum autem emptio et venditio contracta sit, periculum rei venditse statim ad emptorem pertinet, tametsi adhuc ea res emptori radita non sit. Itaque si, aut sedes totse, vel aliqua ex parte incendio consumptas fuerint, emptoris damnum est, cui necesse est, licet rem non fuerit nactus pretium solvere. For when a purchase and sale be made, the risk of the thing sold immediately belongs to the pur- chaser, although the property be not as yet delivered to him. Therefore, if either a whole house, or any part of it be destroyed by fire the loss is the purchaser's, who must pay the price, although he has not obtained the property. Cum capitemus, retento semper primo proposito, et desti- natione, in accessoriis totaliter illam non sequitur, mutando viam de recta, in indirectam ; vel plures scalas, plures portus attingendo, animo tamen et intentione prosequendi viagium ad metam destinationem. When a captain, continually bearing in mind his first purpose and destination, does not entirely follow it with the insurers, by changing his direct course for an indirect one ; or touching at more landing places or harbors, but still with the intent of proceeding on his voyage to the intended destination. L A W G L S S A R Y . 85 Cum domorum subversione, et arborum extirpatione. " By pulling down the bouses and rooting up the trees." This was formerly the punishment inflicted on the jury for giving a corrupt verdict. ■ Cum in partes illas venerint. When they come into those parts. Cum in tali casupossit, eadem res pluribus aliis creditori- bus, tum prius, tum posterius, invadiari. As in such case the same property may be pledged to many other credi- tors, as well before as afterwards. Cum lex abrogatur, illud ipsum abrogatur, quo non earn abrogaxi oporteat. " When a law is repealed that(clause) is abolished by which (it declares) that it should not be re- pealed." Laws have been made containing clauses against their repeal, but these cannot prevent a subsequent, or even the then present legislature from exercising their right to repeal at any time. Cum licet fugere, ne quaere litem. "Enter not into law, if you can avoid it." Cum lites potius restringendse sunt quam laxandaa. That law-suits may rather be restrained than increased. Cum litore maris eidem adjacente. With the sea shore adjoining the same. Cum multis ahis illicite, et riotose assemblaverunt, &c. With many others, lawlessly and riotously, they as- sembled. Cum multis aliis, quae nunc praescribere longum est. With many other matters which it would now be tedious to enumerate. Cum olim in usu fiiisset, alterius nomine agi non posse, sed quia hoc non minimam incommodatem habebat, ccepe- runt homines per procurationes litigare. As formerly it was a custom not to transact business in the name of an- other, but because this was inconvenient, men began to sue by their proctors (or attorneys). Cum onere. ^With the charge (or burthen.) 86 LAWGirOSSAKY. Cum pertinentiis. ^With the appurtenances. Cum quod ago non valet ut ago, valeat quantum valere potest. When that -which I do is not efficacious in the way I perform it, (still) let it avail as far as it can. Cum sit contra prseceptum Domini, " Non tentabis Domi- num Deum tuum." As it is against the command of tho Lord, " Thou shalt not tempt the Lord thy God." Cum tali filia mea, &c. tenendum sibi, et hseredibus suis de carne talis uxoris. " With this my daughter, &c. to hold to him and the heirs of the body of such wife." Words often found in ancient settlements of land. Cum testamento anneso. With the will annexed. CuNA. — Coin. CuNEAEE. To coin. CuNCTANDO restituit rem. He restored his cause by delay. CuNCTAS nationes, et urbes populus, aut primores, aut singuli regunt : delecta ex his et constituta republicse forma laudari facilius quam eveniri, vel, si evenit, baud diuturna esse potest. The people, or chiefs, or individuals, govern all nations and cities ; and the constituted form of a com- monwealth chosen from them is more easily praised than practised ; or if it be so (constituted) it cannot long exist. CuEA animarum. Care of souls. CuEATOE ad hoc.' A special guardian. CuEATOEES viarum.' ^Surveyors or guardians of the public roads. CuEFEW. A bell which was rung by law at eight o'clock in the evening in England, from the time of the Norman conquest till the reign of Henry First. When this bell rang every householder was compelled to cover his fire and put out his light. The object of this practice originally was to prevent the Saxons or any other persons from meeting together in parties by night for seditious pur- poses or to plot against their conquerors. CuEiA advisare vult. The court will consider (the matter). LAW GLOSSARY. 87 Curia advisare vult post, &c. The court will advise afterwards, &c. Curia comitatus. The county court. Vide note. CuRi^ christianitates. ^Ecclesiastical courts. Vide note. CuRi^ speciales. Special courts. Vide note. CuRiALiTAS. The tenure by courtesy. Curia palatii. The palace court. Curia publica. A public court (of law). Vide note. Curia regis. The court of the king. CuRiARUM : habet unam propriam, sicut aulam regiam, et justiciarius capitalis, qui proprias causas adjudicat, &o. ■ Of courts : he has one peculiar court, as a royal court ; a chief justice who tries the proper actions, &c. Cue omnium fit culpa, paucorum scelus ? Why should the iniquity of a few, be laid to the account of all? CuERiT quatuor pedibus. " It runs upon four feet." CuRRUS. A chariot. CuRSiTOR. A clerk belonging to the English Court of Chancery, whose o&ce is to make out original writs. CuESUS. A course or practice. CuETiLES terrse. Court lands. CusTODES pacis. Justices of the peace. CusTODES placitorum in plenu comitatu. The keepers of pleas in full county court. CuSTODES poenam sibi commissorum non augeant, nee eos torqueant ; sed omni saevitia remota, pietatique adhibita judicia debite exequantur. -That the keepers do not in- crease the punishment of those prisoners committed to their custody ; nor torture them ; but all cruelty being removed, and compassion adhered to, that they duly execute the judgments. CusTODiA, Lat. — Garde, Fr. " A custody ; or care of defence." Sometimes used for such as have the care and guardianship of infants ; sometimes for a writ to sue by wardship, as droit de garde, right of wardship ; ejectiarw de 88 LA"W GLOSSAET. garde, ejectment of ward : and ravishment de garde. Yide Fitz. Nat. Br. 139. Cpstodia legis. ^Legal ciistody. Cfstos brevium. The keeper of the writs. CusTOS ferarum. A game keeper. Gustos honei regii. Keeper of the royal granary. Gustos Eotulorum. The keeper of the Eolls, one of whom is appointed in each of the English counties. Gustos spiritualium. ^A keeper of spiritual or Eccle- siastical matters. Gustos temporalium. In ecclesiastical law the person who was appointed by the king to the custody of a vacant see or abbey, and who, acting as the steward of its reve- nues, rendered his account of the same to the escheator. GusTUMA. Gustoms : duties. Gustuma antiqua, et magna. The ancient and great customs (or duties). Gustuma parva et nova. The small and new customs (or duties). CuTH. — Sax. Known. Uncuth. Unknown. Ct. Here. Gy apres. ^Hereafter. Gt pres. — ■ — so near ; as near. Cymeteb. — '■ — A burial place. Cynebote. See Genegild. Gynsoub de burse. A pickpocket. GyeiC. A church. {Saxon). Gyriobryce. Saxon name for breaking into a church. Cyriosoeat. ^A tribute due to the church. Gyeograpfe. A chirograph. GyeoGEAPHUM. Vide note. NOTES TO C. Campi paktitio. — Champerty. Before the pasauig of the statute to pre- vent this, men in power and affluence, frequently made such bargains with persons (who were unable to maintain a protracted suit) to recover possess- LAWGLOSSARY. 89 ion of their estates. Many landholders died in the crusades, and persona had wrongfully taken possession of lands, and assumed the ownership, to the injury of the heirs of the deceased. Candidati. — WTien men sought for office or preferment among the Romans, they were called " Gandidaii," from a white robe (toga) worn by them, which was rendered shining, (cadens vel Candida) by the art of the fuller; for all the wealthy Romans wore a gown naturally white (ioga alba). This was, however, anciently forbidden by law {ne cui aWrnn, i. e. cretam in vestimentum addere, petitionis causa licet). Liv. iv. 25. These candidates did not wear tunics or waistcoats, either tRat they might appear more hiimble ; or might the more easUy show the scars they had received on the breast, or forepart of the body. In the latter ages of the repubhc, no one could stand candidate, who was not present, and did not declare himself witlun the legal days, 1. e. before the comitia were summoned, and whose name was not received by the magistrates : for it seems they might refuse to admit any one they pleased, but not without assigning a just cause. Vide Liv. viii. 15, xxiv. 1, 8. Vol. Max. iii. 8 3. Veli. ii. 92. The opinion of the Consuls, however, might be overruled by the Senate, Liv. iii. 21. For a long time before the election, the candidati endeavored to gain the favor of the people by every popular art; Gic. Attic, i. ; by going round their houses (amliendo); by shaking hands with those they met; by addressing them in d, kindly manner, and naming them, &c., on which account they commonly had with them a monitor, or nomenclator, who whispered in their ears every person's name. Vide 3dr. Ep, i. 6, 50. Hence Gicero calls candidates " rvatio officiosissima," i. e. an over officious class. On the market days, they used anciently to come into the assem- bly of the people, and take their station on a rising ground (in colle consistere), i. e. to stand upon a hill, where they might be seen by all. Macrob. Sat. i. 16. "When they went down to the Campus Martins, at certain times, they were attended by their friends and dependents. They had likewise friends to divide money among the people (divisores). Cio. Att. i. 17. For this, although forbidden by law, was often done openly, and once it is said, against Ccesar, even with the approbation of Calo. Vide Buet. Jul. 19. There were also persons to bargain with the people for their votes called " Interpretes" ; and others in whose hands the money promised was deposited. Vide Gic. Att. in Verr. i. 8, 12. Sometimes the candidates formed combinations {coitiones) to disappoint («i dejecerenl), i. e. that they might prostrate the other competitors. Gic. Ait. ii. Liv. ill 35. So that it would appear, that even these ancient and stern republicans understood management in this respect, as well as they do at the present day. Capias. — Formerly, when a defendant was arrested, and brought into court upon the process, it was the duty of the plaintiff to deliver in his charge, to which the defendant answered ; and the plaintiff replied viva voce in per- son, in open court. The pleadings were then carried on by word of mouth, and the parties obliged personally to attend. But the stat. 13. Edw. the First, authorised the appointment of attorneys, who had full power in all pleas moved during the circuit, until the same were determined, or such attorney was removed. After that time, it appears that the personal attend- ance of parties being dispensed with, they carried on the pleadings in the court by their attorneys ; Still, however, there were parol pleadings delivered viva voce ; and it has been said, that these viva voce proceedings continued till after the Reformation ; though others think they were reduced to writ- ing at a much earlier period. It is said, by some, so early as the reign of Edward the Third, and there is good reason to conclude, from the alterations 90 LAW GLOSSAET. in the pleadings about that time, that they -were not hastily spoken, but rather deliberately penned. It is clear, however, that the practice of deliyering pleading, ore ienvs, continued longer in the Common Pleas, than in the Court of King's Bench. When the mode of pleading was discontinued in the King's . Bench, the practice was, that if the defendant appeared personally at the re- turn of the writ, the plaintiff was to declare within three days. If he appear- ed by attorney, he was to declare within the term. Capias ad satisfaciendum, &c. — Whilst society remained in its rudest and most simple form, debt seems to have beeu considered as an obligation merely personal. Meif had made some progress towards refinement before creditors acquired the right of seizing the property of the debtors in order to recover payment. The expedients for this purpose were ail introduced originally into communities ; and we cau trace their gradual progress. First, the simplest, and most obvious security was, that the person who sold any commodity, should receive a pledge from hiin who bought it, which he re- stored upon making payment. Of this 'custom,, there are vestiges in several charters of community. D'Ach. ir. 185. xi. 3T;. Secondly, when a pledge was given, and the debtor became refractory or insolvent, the creditor was allowed to seize his effects, with a strong hand, and by his private authority. The citizens of Pairis are warranted by the royal mandate " el uhicumque, et qiioatmque modo potemnl tantum plenarie Tiabeani, et inde sihi invicem adjutores existant." Ordon. &c. tom. i. p. 6. This rude practice, suitable only to the violence of that which has been called a state of nature, was tolerated longer than one can reasonably con- ceive to be possible in any society where laws and order were at aU known. The ordinance authorizing it was issued A. D. 1134, and that which corrects the law, and prohibits creditors from seizing the effects of their debtors, un- less by a warrant from a magistrate, and under his inspection, was not pub- lished tQl 1351. Thirdly. As soon as the interposition of a magistrate be- came requisite, regular provision was made for attaching or distraining the movable effects of a debtor: and if his movables were insufficient to discharge the debt, his immovable , property or estate in land, was liable to the same distress, and was sold for the benefit of the creditor. S'Ach. ix. p. 184, 185. XL p. 348, 380. As this regulation afforded the most complete security to the creditor, it was considered as so severe, that humanity pointed out several hmitations in the execution of it. Creditors were prohibited from seizing the wearing apparel of their debtors, the beds, the door of their house, their instruments of husbandry, &c. D'Ach. is. 184, xi. 311. Upon the same principle, when the power of distraining effects became more gen- eral, the horse and arms of a gentleman could not be seized, ii, ix. 185. And as hunting was the favorite amusement of martial nobles, the Emperor Ludovicus Pius, prohibited the seizing of a hawk, on account of any debt ; but if the debtor had no other moveables, even these privileged articles might be seized. Capitis ^stimatio. — This means the payment of a fine, by the way of satisfaction to the person or family injured; and was one of the first devices of a rude people, to check the career of private resentment, and to extinguish those deadly feuds which were prosecuted among them with the utmost violence. This custom may be traced back to the ancient Germans. Vide Tac. de mor. Ger. c. 21 ; and prevailed among other civilized nations. Many examples of this are collected by the ingenious and learned author of Historical Law Tracts, vol. i. p. 41. These fines were ascertained and levied in three different manners. At first they were settled by voluntary agreement between the parties at variance. When their rage began to subside, and they felt the bad effects of their con- tinuing enmity, they came generally to terms of concord, and the satis- LAW GLOSSARY, 91 faction made was called "a composition,'' implying that it waa fixed by mutual consent. Vide Se VEsprit des lois, lib. xxx. c. 19. It is apparent from some of the more ancient code of laws, that at the time these were compiled, matters still remained in that simple state. In certain cases, the person who had coiUmitted an oEfence was left to the resentment of those whom he had injured, until he should recover their favor, " quoque modo poiuerit" (in what way he could.) Lex. Frisian tit. 11, sec. 1. The next mode of levying this fine was by the sentence of ariiters — an arbiter was called in the Regiam Majestatem, "amicabilis compositor," Liv. xi. c. 4.; i. e. a friendly adjuster or arbitrator. He could estimate the degree of of- fence with more impartiality than the parties inter6sted ; and determine with greater equity what satisfaction ought to be demanded. It is diificult to bring an authentic proof of this, custom previous to the law records of the fierce northern nations of Europe. But one of th6 Formulca Andevagen- ses, compiled in the sixth century, seems to allude to a transaction carried on, not by the authority of the judge, but by the mediation of arbiters cho- sen by mutual consent. Vide Bouqxiet Recueil des Histor. torn. 4, p. 566. But an arbiter wanted authority to enforce his decisions, judges were ap- pointed with compulsive powers of authority to oblige both parties to ac- quiesce in their decisions. Previously to this last act, the expedient of pay- ing compositions was an imperfect remedy against the pernicious efi'ects of private resentment. So soon, however, as this important change was intro- duced, the magistrate, putting himself in the place of the party injured, ascertained the composition, with which he ought to remain satisfied. Every possible injury that could occur in the intercourse of civil society was considered and estimated, and the compositions due to the persons aggrieved, were fixed with such minute attention, as to discover in most eases, amazing discernment and delicacy; but in some instanods unaccountable caprice. Besides the composition, payable to the private party, a certain sum called "Fredum," was paid to the king or state, (as Tacitus expresses it,) or to the " Fiscits," in the language of the barbarous laws. Some authors, blending the ideas of modern policy with their reasonings concerning ancient transac- tions, have imagined that the " Fredum," was a compensation due to the community, on -account of the violations of the public peace; but it would appear to be manifestly nothing more than the price paid to the magistrate for the protection which he afforded against the violence of resentment ; the enacting of which was a considerable step, in those rude ages, towards im- provement in criminal jurisprudence. In some of the more ancient codes of laws, the "freda" are altogether omitted, or so seldom mentioned, that it is evident they were but little known. In the latter codes the "fredum" was as precisely specified, as the composition. In common cases it was equal to the third part of the composition. Vide Capitul. vol. i. p. 52. In some extraordinary cases, where it was difficult to protect the person, who had committed violence, the "fredum^' was augmented. Idem. vol. i. p. 515. These "freda" made a considerable branch in the revenue of the barons ; and in whatever district territorial jurisdiction was granted, the royal judges were prohibited from levying any "freda." In explaining the nature of the "fredum," the opinion of M. de Montesquieu is followed in a great measure ; though several learned antiquarians have taken the word in a different sense. Vide De VEsprit des Lois, liv. xxx. c. 20, &o. The great object of the judges was to compel the party to give, and the other to accept, the satisfaction pre- scribed. They multiplied regulations for this purpose, and enforced them by grievous penalties. Leg. Longob, Kb. i. tit. 9. sec. 34. Ibid. tit. 37, sec. 1, 2. Gapitvl. vol. i. p. 371, § 22. The person who received a composition was obliged to cease from all further hostility ; and confirm his reconciliation to the adverse party by an oath. Leg. Longob. Kb. i. tit. 9, sec. 8. As an ad- ditional, and more perfect evidence of reconciliation, he was required to give a bond of security to the person from whom he received the composition, 92 LAWGLOSSAET. absolving him from all further prosecution. Mafcdfas, and other writerB of ancient writs, have presented several forms of such bonds, vide Marc. lid. ix. sec. 18. Append. 23. Form. SurTnondica % 39. The Letters of Skmeg, known in the laws of Scotland, are similar to these bonds of security. By the Letters of Slanes, the heirs and relations of a person who had been murdered, ftoarad themselves in consideration of "an assytlmient," or com- pensation paid to them, " to forgive, pass over, and forever forget, and in oblivion inter all rancour, malice, revenge, grudge and resentment, that they have, or may conceive against the aggressor or his posterity, for the Crime which he had committed, and discharge him from all actions civil or criminal, against him or his estate, for now and ever." Tide System of Stiles ly Dallas of St. Martins, p. 862. In tlje ancient form of Letters of Slanes, the private party not only "forgives and forgets," hut "pardons and grants remission of the crime." This practice, Dallas, reasoning according to the principles of his own age, considers' as an encroachment on the rights of sovereignty ; as none he says could pardon a criminal but the king. ihid. But it appears that in early times, the prosecution, the punishment and the pardon of criminals, were all deeds of the private person who was injured. Madox has published two writ?, one in "the time of Edward the Pirst ; the other in the time of Edwa/rd the Third, by which private persons grant a release, or pardon of all trespasses, felonies, robberies and murders committed. Fromid. Anglican, nos. 702, 705. In the last, however, of these instruments, some regard seems to be paid to the rights of the sovereign, for the principal is pardoned, " en quant que in nous est," (in as much as in us lies). Even after the authority of the magistrate was interposed in prevent- ing crimes, the punishment of criminals was long considered chiefly as a gratification to the resentment of the persons who had been injured. It is remarkable how similar this is to the aborigines of North America ; and per- haps to the custom of all nations in a rude state Of society. In Persia, a murderer is still delivered to the relations of a person whom he has slain, who often put him to death with their own hands. If they refuse to accept a sum of money as a compensation, the sovereign, absolute as he is, cannot, it is said, pardon the murderer. Tide Voyages de Chardin, iii. p. 417, edit. 1735, Mo. also Voyages de Travenier, liv. v. c. 5, 10. Among the Arabians ^ the same custom still subsists. Tide Description De V Arabic par M. Mebuhr, p. 28. By a law of the kingdom of Aragon, as late as the year 1564, the punishment of one condemned to death cannot be mitigated, but by the consent of the parties who have been injured. Fueros, and Observancias del Beyne de Aragon, p. 204, 6. Lady Montague in her letters says that "mur- der is never prosecuted^ by the officers of government. It is the business of the next relations, and these onJ/y to revenge the murder of their kinsman, and if they rather choose, as they generally do, to compound the matter for money, nothing more is said about it." Celt^. — Of all the Celtic nations, that which possessed old Gatd is perhaps the • most renowned ; not, probably, on account of worth superior to the others, but from the circumstance of warring with a people, who had historians to transmit the fame of occurring events to posterity. Britain was peopled with them, according to the testimony of respectable authors. Tide Goes. lib. L Too. Agric. c. 2. Its situation, with respect to Gavl, makes the opinion probable; but that which apparently puts it beyond dispute, is, that the same customs and languages prevailed among the inhabitants of both in the time of Mivs Ccesar. Tide Goes. Fomp. Net. Tacit. That the ancient Scots were of GeUic original, is past all doubt. Their conformity with the Celtic nations, in language, manners and religion, proves it to a full demonstration. The CeUoe were a great and mighty people, altogether distinct from the Goths and Teutones, and they at once extended theu- dominion over all or greatest part of the west of Europe j but they LAW GLOSSARY. 93 Beem to have had their most full and complete establishment in Oaul. Wherever the Celtcs or Gauls are mentioned by ancient writers, we seldom fail to hear of their Druids and then- Bards; the institution of which two orders was the capital distinction of their manners and policy. TOle Druids were then- philosophers and priests ; the Bards, their poets and recorders of heroic actions : and both these orders of men seem to have subsisted among them, as chief members of the state from time immemorial. We must not, therefore, imagine the Celim to have been altogether a gross and rude nation. They possessed, from very remote ages, a formed system of discipline and manners, which appear to have had a lasting influence, and although the antiquarian has scarcely, if ever, informed us, that many of their principles and maxims became incorporated, and made part and still continue to be the common law of MnglaTid, yet it is more than probable that such was the case, and that tradition has handed down some of the wise maxims and doctrines of their jurisprudence between man and man, as estabhshed by their Druids and Philosophers. Ammianus Marcellinus gives them this express testimony, that there flourished among them the most laudable arts, introduced by the Bards and by the Druids, who lived in retired places in societies, after the Pyfkagoreom, manner, and philosophizing upon the highest subjects, asserted the immortality of the soul. "Per lime hca," (speaking of Gaul,) "hornvnibus pauiatim excultis viguere studia laudabilium doctrinarum ; inchoata per Barr- dos et Euhages et Druidas. Et Bardi quidem fortia virorum ilhistrium facia heroicis composita ' versibus cum duleibus lyrce modulis cantitdnmt. Euhages vera scrutantes serium et svblvmia naiwrm pandere conabantur. Inter hos, Druid(B ingeniis celsiores, ut aueioriias Pythagorce decrevit, sodaliiiis adstricii consortiis, qwxstionibus aitarwm occvMarvmque rervm erecti sunt; et despanctes humana pronuntidrvmt animas immortales." Amm. Marc. lib. xv. c. 9. " In these parts, the study of commendable science flourished by easy degrees among the educated men; these things originated with the Bards, Orators and Druids. The Bards also sung suitable songs respecting the illustrious deeds of their heroes, accompanied with the delightful notes of the lyre. And the Orators endeavored to show the secrets of creation, and the sublime things of nature. Among those the Druids were the most eminent in htera- ture (or science) according to the authority of Pythagoras, and were bound by mutual sympathies closely with each other — ^they encouraged the knowl- edge of high Science, and despising human things, asserted the immortahty of the soul." Though Julius Coesar, in his account of Gaul, does not ex- pressly mention the Bards, yet it is tolerably plain that under the title of Druids he comprehended that whole order ; of which the Ba/rds, who, it is probable, were the disciples of the Druids, undoubtedly made a part. Ac- cordmg to his account, the Druidical institution first took its rise in Britain. He adds, too, that such as were to be initiated among the Druids were ob- liged to commit to their memory a great number of verses, inasmuch that some employed twenty years in this course of education ; and that they did not think it lawful to record their poems in writing, but sacredly handed them down by tradition from race to race. Tide Cfesar de bello Gall. lib. vi. It is not too much, therefore, to suppose that many maxims and principles now composing part of the common law of Kngland owe their origin to the Celtce. The Bards were held in high estunation by this warhke nation; and it may not even here be unentertaining to mention a circumstance related by Priscus, in his history of the embassy to Attila, King of the Hims, whicli gives a striking view of the enthusiastic passion for war, which prevailed among the fierce barbarians of the north, who swept away as it were with " the besom of destruction" the Boman nation, their laws, rehgion and in- stitutions. When the entertainment, to which that brave conqueror admit- ted the Eoman ambassador, was ended, two Scythians advanced towards Attila, and recited a poem, in which they celebrated his victories and miU- tary virtues. "All the Hums fixed their eyes with attention on the Barde; 94 LAW GLOSSARY. Bome seemed to be delighted with the verses, thus remembering their own battle exploits, exulted with joy; while such who were become feeble through age, burst out into tears, bewailing the decay of their vigor, and the state of mortality to which they were rapidly hastening." Excerpta ex Hist. Prisci. It Is supposed that among the ancient inhabitants of Scotland and Ireland, not only the Kings, but every petty chief had their Bards attending them in the field. Ossian, in his epic poem, entitled " Temora" says, "Like waves, blown back by sudden winds, Erin retired at the voice of the King. Deep-rolled into the field of night, they spread their humming tribes. Be- neath his own tree at intervals each Bard sat down with his harp. They raised the song, and touched the string each to the chief he loved." Those Bards in proportion to the power of the chiefs who retained them, had a number of inferior Bardi in their train. Upon solemn occasions all the Bards in the army would join in one chorus; either when they celebrated their victories, or lamented the death of a person, worthy and renowned, slain in the war. The "words were of the composition of the Arch-Bard, retained by the King himself, who generally attained that high office on ac- count of his superior genius for poetry. Cbntumtiei. — These were judges among the Eomams, chosen from the thirty-five tribes, three from each tribe, so that properly there were one hundred and five; but they were always named by a round number one hun- dred {" centamvin.") Vide Festus. The causes which came before them, (causce centumvirales) are enumerated by Cicero de Orat. i. 38. They seem to ' have been first instituted soon aftar the creation of the Prsetor, Peregrinus. They judged chiefly concerning testaments and inheritances. Gie. ibid, pro Goecin. 18. Vol. Max. vii. 1. After the time oi Augustus, they formed the council of the Prmtor, and judged in the most important causes, Tac. de Orat. • 38 ; whence trials before them (judicia centwnvirilia) are sometimes distin- guished from private trials. Plin. Ep. i. 18, vi. 4, 33 — Quinctil. iv. 1, v. 10; but these were not criminal trials, as some have thought, vide Su^t. Vesp. 10; for in a certain sense all trials were public (judicia publica). Cio. pro. Arch. 2. The number of the Oentumviri was increased to one hundred and eighty ; and they were divided into four councils. Plin. Ep. i. 18, iv. 24, vi. 33, Quintil. xii. 5. Hence, where we find the words "quadruples j'jtdjcmm," they mean the same as "cemiMTOOTVafe." Ibid. Sometimes they were only divided into two. Quinct. v. 2, xi. 1 : and sometimes in import- ant cases they judged altogether. Vol. Max. viii. 8. A cause before the Ceniumviri could -not be adjourned. Plin. Ep. i. 18. Ten men called "Decemviri" were appointed; five senators, and five equites, to assem- ble these counsels, and preside in them, in the absence of the Proilor. Suet. Aug. 36. Trials before the Oentumviri were usually held in the Basilica Julia. Plin. Ep. ii. 24 ; but sometimes in the Forum. They had a spear set upright be- fore them. Quinct. v. 2. Hence the term we sometimes find of "judicium hastce," i. e. the judgment of the spear, for " ceniumvirale." Vai, Max. vii. 8, 4. " Oentumviraiem hastam cogere," i. e. to assemble the courts of the Cfen- iummri, and preside in them. Suet. Aug, 56. So " centum gravis fiasta viro- rum," i. e. the solemn sentence-of the Oentumviri. Mart. Ep. vii. 62. " Gessat centeni moderatrix judicis hasta," the spear government of the Centumvir's ceases. Stat. /Sato. iv. 4, 43. The Oentumviri continued to act as judges for a whole year. The Decemviri also judged in certain cases, Gic. Gcecin. 33 ; and it is thought that, in particular cases, they previously took cognizance of the causes which were to come before the Oentumviri; and their decisions were called " prmjudicia." Vide Signonius de Judic. Chabt^-folia, vel plagul^. — 'When in the writings of various authors we find either of these words, we are apt to consider the substance of tha LAW GLOSSARY, 95 matter somewhat similar to the paper now in use ; but if we take the troubla to trace the progress of writing, and the materials used, in tlie diflferent ages of the world, we shall obtain some curious and entertaining information, as well in respect of the 'writing, as of the matter upon which, from time to time, letters have been made. It has been well observed that the knowledge of writing is a constant mark of civilization. Before the invention of this art, men employed various methods to preserve the memory of important events ; and to communicate their thoughts to those from whom they were separated. The memory of important events was probably, in the first ages of the world, preserved by raising altars, or heaps of stones, vide Genesis, c. xxviii. v. 18, and iv. Joslma from 3 to 9 ; planting groves, and instituting names and fes- tivals; and was afterwards more universally transmitted to posterity by historical songs {Ex. c. xv. ', 4o., as was also the custom of the Druids. Vide Tacit, de mor. Germ., and see note to Celtae. One of the first attempts towards the representation of thought was the painting of objects: Thus to represent a murder, the figure of one man was drawn, stretched on the ground, and another with a deadly weapon standing over him. When the Spaniards first arrived in Mexico, it is said that the inhabitants gave notice df it to their Emperor, Montezuma, by sending him a large cloth, on which was painted what they had just seen. The Egyptians contrived certain signs, or symbols, called Hieroglyphics, whereby they represented several things by one figure ; and two or three gentlemen of curiosity and learning, it is reported, have lately been, to some extent, successful with a few of these Hieroglyphics, in establishing their true meaning ; and perhaps it is not too much to hope, that the time is not very distant, when many material facts will be illustrated by a farther acquaintance with them, which must tend very much to assist our knowledge of some ancient authors ; and be a great desideratum, particularly to the biblical critic. Tlie Egyptians and PTuenicians both contended about the honor of having invented letters. Tac. Ann. xi. 14 Plin. vii. 56. Luan. iii. 220. Cadmus, the Phoenician, first introduced letters into Greece, nearly fifteen hundred years before Christ. Vide Herodot. v. 58. They were then only sixteen in number. To these, four were aSded by Palamedes, in the time of the Trojan war ; and four afterwards by Simonides. Vide Plin. vii. 5Q, s. 57. Bygin.fab. 211. Letters were brought into Latium, by Evander, from Greece. Ibid, et Liv. i. 7. The Latin letters, at first, were nearly of the same form with the Greek. Tacit. Plin. vii. 58. Some nations ranged tlieir letters perpendicularly from the top to the bottom of the page ; but most of them horizontally. Some from the riglit to the left, as the Hebrews and Assyrians. Somefrom right to left and vice versd, alternately, like cattle ploughing ; as the ancient Greeks. But most adopt the form we use, from left to right. The most ancient materials for writing were stones, and bricks. Vide Josephus' Aniiq. Jud. Tac. Ann. ii. 60. Lucan, iii. 223. Thus the decalogue, vide Emd. xxiv. v. 12, and the laws of Moses, in all probability. Vide also Dmt. xxvii. v. 2, where the people were commanded to set up great stones, and plaster them with plaster, and write upon them all the words of the law. Then plates of brass were used. Vide Liv. iii. 67. Tacit. Amm. iv. 43 ; or of lead; vide P/m. xiii. 11, s. 21, also Job, xix. 24; and wooden tables. Vide Isaiah, xxx. 8. Hor. Art. Poet. Gell. ii. 12. On these, pubhc acts and monuments were preserved. Vide Cic. Font 14. Liv. vii. 20. As the art of writing was little known, and rarely practiced, it behoved that the materials should be durable. Capital letters only were used, as appears from ancient marbles and coins. The materials first used in common for writing, were the leaves or inner bark {liber) of trees, whence leaves of paper {chartce, folia, vel plagulae), and libek, a book. The leaves of trees are still used for writing by several nations of India ; and bark may be obtained of that si/.o and quality in America, well adapted for writing upon. Afterwards, Knen, vide lAv. iv. 7, 13, 20 ; and tables covered with wax, were used. About 96 LAW GLOSSARY. tho time of Alexander the Great, paper first began to be manufactured from an Egyptian plant, or reed, called papyrus, ■whence our word paper. The papyrus was about 10 cubits high; and had several coats or skins above one another, like an onion, which were separated with a needle, or some such instrument. One of these membranes was spread on a table lengthwise, and another placed above it across. The one was called a stamen, ; and the other substamen, as the warp and the woof in a web. Being moistened with the muddy waters of the Nile, which served instead of glue, they were put into a press, and afterwards dried in the sun. Then these sheets {plagulae or s^edoe) thus prepared were joined together end to end ; but (it is said) never more than twenty in what was called one scapus, or roll. Vide Plm. xiii. 11. s. 21. The sheets were of different sizes and quality. Paper was smoothed with a shell, or the tooth of a boar, or some other wild animal. Hence We read of charia dentata, i. e. smoothed or pohshed. Vide Gic. Q.fr. ii. 15. The finest paper was called at Rome after Augustus, " Augusta regia ;" the next Livinia ; the third Sieratica, which used ancient- ly to be the name of the finest kind, being appropriated to the sacred volumes. The Emperor Claudius introduced some alteration, so that the finest paper after him was called Claudia. The inferior kinds were called Amphitheatrica, Saitica Leneotica, from places in Egypt, where paper was made ; and Famniana, from Fannim, who had a noted manufactory for dressing Egyptian paper at Rome. Vide Flin. Papers which served only for wrappers was called Em- poretica, because chiefly used by merchants for packing goods. Pine paper of the largest size, was called MacrocoUa (as we call some paper imperial oi royal paper), and anything written on it, MdcrocoUwn. The exportation of paper having been prohibited by one of the Ptolo- mies, out of envy against Eumenes, King of Pergamms, who endeavored to rival him in the magnificence of his library, the use of parchment, or the art of preparing sMns for writing, was discovered at Pergwmus, hence called Pergamenia, so. Oharta vel Memlrana parchment. Hence, also, Ca3sar calls his four books of Academics, " quatuor libri e memhranis facti," i. e. the four books made out of skins. Att. xiii. 24. Dipthera Jovis is the register book of Jupiter, made of the skin of the goat Amalthea, (by whose milk he was nursed,) on which he is supposed by the poets to have written down the actions of men ; whence the proverb, " Viptheram sera Jupiter inspexit," i. e. Jupiter too late looked into the register. And "Antiguiora dipthera,''^ i. e. more ancient registers. Erasm. in Chiliad, vide Poiluc. vii. 15. Aelian is.. 3. To this Plautus beautifully alludes. R%id. prol. 21. The skins of sheep are properly called parchment ; of calves, vellum. Most of the ancient MSS. which have escaped the ravages of time are written on parchment — few on papyrus. It is said that lately an ingenious method has been discovered of unfolding the rolls. Egypt having fallen under the dominion of the Arabs, in the seventh cen- tury, and its commerce with Europe, and the Constantinopolitan empire being stopped, the manufacture of paper from the papyrus ceased. The art of making paper from cotton, or sUk, was invented in the East about the be- ginning of the tenth century ; and in imitation of it, from linen rags in the fourteenth century. The instrument used for writing on waxen tables, the bark of trees, plates of brass or lead, &c., was an iron pencil, with a sharp point, called stylus, or graphum. Hence "stylo abstin^o," i. e. I forbear writing. Plin. Ep. vii. 21. On paper or parchment, a reed sharpened and spht in the point like our pens, called calamus, arundo, fistula, vel canna, which they dipt in ink^ (atror mento intingebant, ) as we do our pens. Cic. Att. vi. 8, &o. Sepia, the cuttle fish, is sometimes put for ink, {Pers.) because when afraid of being caught it emits a black matter to conceal itself, which, it is said, the Romans used for ink. Cic. de nat. D. ii. 20. Tho ordinary writing materials of the Romans were tablets covered with LAW GLOSSARY. 97 wax, paper and parchment. Their stylus was broad at one end ; so that when they wished to correct anjfthing, they turned the stylus, and smoothed the wax with the broad end, that they might write on it anew. Hence "scepe stilum vertas," i. e. to make frequent corrections, or change the man- ner of composition. Vid. Ror. Sat. i. 10, 17,. An author wiiile composing, usually wrote first on these tablets for the convenience of making alterations ; and when anything appeared sufB- ciently correct, it was generally transcribed on paper, or parchment, and published. Vide Hor. Sat. ii. 3, 2. It seems one could write more quickly on waxen tablets than on paper, where the hand was retarded by frequently dipping the reed in ink. Qwinci. x. 3, 30. The labor of correcting was compared to that of working with a file, (Knjffl labor,) hence " opus limare," to polish. (Cic. Orat. i. 25 :) " lima/re de fflKjjjo," to lop oflF redundancies. Ibid. iii. 9. " Supremami limam operiri," i. e. to wait the last polish. Plin. Ep. viii. 5. " Idma mordacius uti," to cor- rect more carefuUy. Ov. Pont. i. 5, 19. " Liber rasus lima amici" polished by the correction of a friend. lb. ii. 4, 17. " Ultimalima defuit meis scrip- tis.^' Ov. Trist. i. 6, 30, L e. mmma inarms operi defuit, vel rum imposita eel; L e. the last polish was not put to the work — it was not finished. The Romans also used a kind of blotting, or coarse paper, or parchment, {charta deletitia,) i. e. blotting paper called palem^sestos, on which they might easily erase what was written and write it anew. Mart xiv. 7. But it seems this might have been done on any parchment. Vide. ffor. Art p. 389. Very many of the writings of the classic age were, in the former cen- turies of the Christian era, erased to make room for the rude, undigested and often ridiculous composition of the Monkish clergy. The Romans com- monly wrote on one side only of the paper or parchment, and joined (" ag- glutinebant,") L e. glued one sheet {Scheda) to the end of another, tUl they finished what they had to write ; and then roUed it up on a cylinder or staff, (hence vdlumen — a volume or scroll.) Vid. Isaiah, xxix. 11. An au- thor generally included one booh in a volume, so that generally in a work there was usually the same number of volumes as of books. Thus Ovid calls his fifteen books of Metamorphoses " mutatce ter quinque volmrma formce." When a book was long, it was sometimes divided into two volumes. When a book, or volume was finished, a ball, or boss of wood, bone, horn, or the like was af5xed to it, on the outside, for ornament and security, called " wnibilicm" — hence the expression " ad umhilicwm ad- ducere," to finish. The Romans, it is said, frequently carried with them wherever they went small writing tables, called " pugiUares," on which they marked down anything that occurred. (Plin. Ep. i. 6,) either with their own hands, or by means of a slave, called from his office "Nbtarius," or Tabuttarius. These pugiUao'es were of an oblong form, made of citron, box- wood, or ivory ; also of parchment, covered with colored or white wax. {Ov. Am. i. 12, 7,) containing two leaves, three, four, five, or more, (Jfcrt) with a small margin, raised all round, as may be seen in the models of them which stUl remain. They wrote on them with a stilus, hence " ceris ei stylo incumbers," (to apply with wax and stile,) for in pugiUaribus scribere, (to write on the note books or tables.) Vide Plin. Ep. viL 27. " Semittere sti- lum," i. e. to give over writing. lb. As the Romans never wore a sword or dagger in the city, (Plin. xxxiv. 14. s. 39,) they often upon a sudden provocation used the graphum, or stilus, as a weapon, (Suet. Cces. C. 28, &c.,) which they carried in a case. Hence probably the stiletto of the modem_ Italians. When a book was sent anywhere the roll was tied with a thread, and was placed on the knot and sealed; hence "signata mlwmina," i. e. seated volumes. Vid. Hor. Ep. i. 13. So letters, Cic. Cat iii. 5. The roU was visually wrapt around with a coarser paper or parchment, Plin. xiii. j or 7 98 LAW GLOSSARY. Tfrith part of an old book, to which Ear. is supposed to allude, vid. Ep. i. 20. Julius Ccesar, in his letters to the senate, introduced the custom of divid- ing them into pages, (pagince,) and folding them into the form of a pocket book, or account book, with distinct pages, like our books, whereas for- merly Consuls and Generals when they wrote to the senate used to contuiue the line quite a-cross the sheet, (iransvera cha/rta.,) i. e. athwart the paper, without any distinction of pages, and roll them up in a volume. Suet. Cos. 66. Hence, after this, all applications and requests to the Emperors, and mes- sages from them to the senate, or public orders to the people, used to be written, and folded in this form, and were called " LibeUi." Suet. Aug. Mart. &c. Chieogeaphum. — Cirographum, Cyrographum. This word signifies hand writing, or writing with one's own hand. It is of Greek origin, in use among the Romans to deriote a bond or obligation, written or subscribed with a person's own hand. The Saxons borrowed it of the Latins, to apply to public instruments of gift or conveyance, attested by the signatures and crosses of the witnesses present. The Normans altered the form of executing these instruments and their name also ; which they termed charta. But in time a practice arose of exe- cuting these charters or deeds in two parts ; that is a part and a counter- part. They wrote the whole of the instrument twice on the same sheet of paper, or skin of parchment, leaving a space in the middle between the parts where the word Chibogeaphum was written in capital letters. Then the parchment was divided by cutting it across through these letttos, so that when the two parts were separated, one would exhibit one half of the capital letters, and one the other half; thus, when joined, the words would appear entire. At first this cut was made in a straight line. Afterwards they cut through the word in acute angles, passing between the letters al- ternately like the teeth of a saw, which gave these deeds the name of in- dentures. See Beeves Hist. Eng. Law. Cnafa. — Sax. A knave. — This old Saxon word had at first a sense of simplicity and innocence, for it signified " a boy." The Sax. (" Cnafa") distinguished a boy from a girl, in several ancient writers. Thus, the poet says, "a, knave child between them two they gate." Gower's Poem. And WicUiffe, in his old translation, Exod. i. 16, says, " if it be a knave child," alluding to Pharaoh and the Hebrew children, vid. Exod. i. •/. 16. Afterwards the word was taken for a servant boy. At length, however, it was applied for any servant man ; also to a member or officer who bore the weapon, or shield of his superiors, as "sciM knapa," whom the Latins call "armiger," and the French "escuyer," whence the English word "es- guire," — we find at games with cards that the one immediately inferior to the queen in each suit is called "the knave;" a word, probably, at the time cards were first introduced into England, signifying an officer or servant who bore the shield of^ or waited upon his superior. It was sometimes of old made use of as a titular addition, as " Johannes G. JUius Williehelmi C. de Derby, knave, i. e. John C. the sou of "William C. of Derby, a knave. In the vision of Piers Plowman are these words, " Cokes, and ihierre knaves cryden holes pyes," i. e. "Cooks, and theff boys cried hot pies." This word knave, however, with many others in the English language, has now another and a different signification. The reader will, perhaps, pardon one digression, elucidatory how a living language can not only vary its signification, but how some words in process of time completely alter in their signification. In Psalms xxi. v. 3, are these words, " For thou preveniest him with the bless- ings of goodness." At the present day this is mystery to many readers, but if we revert to the original meaning of the word '^prevent," derived from the Latin "jirce^ereib" to go before, the sense is very obvious. So the words of LA"WGLOSSARY. 99 the collect, " prevent ug, Lord, in all our doings with thy most gracious favor," &c. A curious instance of the old use of this word occurs in Weller^s "Angler," where one of the characters says, "I mean to be up early to- morrow TnoTning to prevent the sun rising," that is, to be up before the sun. Numerous other instances might be added to prove, if necessary, that words are continually and gradually changing their original significations ; and some have obtained totaMy different ones — this proves how very cautious authors should be to adhere to the strict etymology of words. Cntt. — Sax. knight — Lat. miles, and eqttes auratiis, from the guilt spurs he usually wore. — Blackstone remarks that it is observable that almost all na- tions call their knights by some appellation derived from a horse. Mr. Chris- tian, however, in his notes on Blackstone, says that it does not appear that the English word knight has any reference to a horse, for cniht, in the Saxon, signified puer, servus, or attendant, vide also Spelin. in v. v. knight, miles. There is now probably only one instance where it is taken in that sense, and that is " knight of the shire,'" who properly serves in parliament for a county; but in all other instances it is supposed to signify one who "tears arms," who for his virtue and natural prowess is exalted to the rank of knighthood. Camden, in his Britannia, thus shortly expresses the manner of making a knight: " Nostris vero temporibus, qui equestrem dignitatem sus- cipit, flexis genibus, leviter in humero percutitur, princeps his verbis galiice affor iur," i. e. in our time he who would receive knighthood bemg on his bended knees, is gently touched on the shoulder, the prince speaking to him in these words, "Arise, or be thou a knight, in the name of God." "Soiyez vel sois, Chevalier, au nom de Dieu." This is meant of Knights Bachelors, the lowest, but a very ancient degree of knighthood in England, for we have an instance of king Alfred conferring this order on his son Athehtan. Knights, Black- stone says, were called "Milites," because they formed part of the royal army in virtue of their tenures under the feudal system. ■COMITIA Tributa. — The names of tribes was probably derived either from their original number three (a numero ternario), or from paying tribute, vide Liv. i. 43. The first tribe was named from Romulus, and included the Roman citi- zens who occupied the Palatine hill ; the second from Titus Tatius, and in- cluded the Sabines, who possessed the Capitoline hill ; and the third from one Lucumo, a Tuscan, or rather from the grove {a luco), which Romulus turned into a sanctuary, vid. Virg. ^n. viii. 342, and included all foreign- ers, except the Sabines. Each of these tribes had at first its own tribune or commander (tribunus vel prafecius), vid. Dionys. iv. and its own Augur, vid. Liv. X. 6. ^ Tarquinvs Priscus doubled the number of tribes, retaming the same names ; so that they were called Ramnenses primi, et Eamnenses secundi, or pos- teriores, itc. But as the Luceres in a short time greatly exceeded the rest in num- ber, Servius TuUius introduced a new arrangement ; and distributed the citi- zens into tribes, not according to their extraction, but from their local sit- uation. He divided the city into four regions or wards, the inhabitants of which constituted as many tribes, and had their names from the wards which they inhabited. No one was permitted to remove from one ward to another, that the tribes might not be confounded, vid. Dionys. iv. 14; on which account certain persons were appointed to take an account where every one dwelt ; also of their age, fortune, &c. These were called city tribes, and theh num- ber always remained the same. Servius set the same time divided the Roman territory into fifteen parts, (some say sixteen, others seventeen,) which were called country tribei {Tribus Rustical) Vid. Dionys. iv. 15. 100 LAW GLOSSARY. In the year of the city 258, the number of tribes was made twenty-one. Vid. lAv. ii. 21. Here, for the first time, Livy directly takes notice of the number of tribes ; although he alludes to the original institution of three tribes. Vide x. 6. Dyonysius says that Servius instituted thirty-one tribes. Vide iv. 15. But in the trial of Goriolanus, he only mentions twenty-one as having voted. Vid. vii. 64. The number of tribes was afterwards increased, on account of the addi- tion of new citizens at different times, (Iav. vi. 5, &o.,) to thirty-five, {Liv. xsiii. 13), which number continued to the end of the republic. (I/iv. i. 43.) After the admission of the liaUam states to the freedom of the city, eight or ten new tribes are said to have been added ; but this appears but to have been of short continuance ; for they were soon all distributed among the thirty-five old tribes. The Gomitia Tributa were held to create magistrates, to elect certain priests, to make laws, and to hold trials. At the Gomitia Tributa were cre- ated ail the inferior city magistrates, aa uSdiles, both Curale and Plebeian ; the tribunes of the commons; queators, &c., all th.B provincial magistrates; as the proconsuls, propraetors, &c. ; also commissioners for settling colonies, &o. ; the Fontifex Maximus ; and after the year 650 the other Fomtifices, Augv/res ■ feciales, &c. The laws passed at these Gomitia, were called Plebiscita, which at first only bound the Plebeians; but after the year 306 the whole Eoman people. Vide lAv. iil 55. These Plebiscita were made about various things ; aa about making peace, Idv. xxxiii. 10; about granting the freedom of the city; about ordering a triumph when it was reftised by the Senate, Liv. iii. 63 ; about bestowing commands on Generals on the day of their triumph, I/iv. xsri. 21 ; about absolving him from the laws, which in latter times the Senate assumed as its prerogative. There were no capital trials at the Gomitia Tributa; these were only held at the Centuriaia : but about imposing a fine, I/iv. iv. 41 : and if any one accused of a capital crime did not appear on the day of trial, the Gomitia Tributa were sufficient to decree banishment against him. Liv. zxvi. 3. — xxv. 6. In the Forvm, there were separate places for each tribe marked out with ropes. Tide JDionys. vii. 59. In the Gampus Martius, Cicero proposed building in Gcesafs name, marble enclosures for holding the Gomitia Tributa, Cic. Att. iv. 16, which work was prevented by various causes ; and at last entirely dropped upon the breaking out of the civil wars ; but it was afterwards executed by Agrippa. If there had been thunder or lightning, {si tonuisset awl fulgurasset,) the Gomitia Tributa could not be held on that day. For it 'Was a constant rule irom the beginning of the repubhc, Jove fulgente, cum popuio agi nefas esse, i. e. when it %htened it was unlaw- ful to transact public affairs. OODEZ JUSTITIANUS. — JusUtiom, first published a collection of the imperial constitutions, A. D. 529, called " Godex Justitiamts.^' This was the Empe- ror who first reduced the Roman law into certain order. For this purpose he employed the assistance of the most eminent lawyers in the empire, at the head of whom was Triboniam. He ordered a collection to be made of every- thing that was useful in the writings of the lawyers before his time, which are said to have amounted to two thousand volumes. This work was exe- cuted by Tribonian, and sixteen associates, in three years, although they had been allowed ten years to finish it. It was published A. D. 533, under the title ot '^ Digest," or " Pandects" {Pandectce vel Digesta). It is sometimes called in the singular " The Digest," or " Pandect." The same year were published the Elements, or first principles of the Ro- man Law, composed by three persons, Tribonian, ]%eophihis and Dorotheus, LAW GLOSSARY. J:(fl'' and called " The Institutes" (InsHtula). This book was published before the Pandects, although it was composed after them. As the first code did hot appear sufficiently complete, and contained several things inconsistent with the Pandecls, Triimian and four other men were employed to correct it. A new code, therefore, was published A. D. 534, called " Codex repeiitcB pre- lectionis,^' i. e. the book of a renewed Lecture, and the former code declared to be of no further authority. Thus in six years was completed what ia called " Corpus juris" — the body of {Roman) law, to which We are indebted for much of our civil jurisprudence. But when new questions arose, not contained in any of the above-men- tioned books, new decisions became necessary to supply what was wanting, or correct what was erroneous. These were afterwards published, under the title of "Novels," {Nbvellce) sc. Constitutiones, not only by Justinian, but also by some of the succeeding Emperors. So that the " Corpus juris Eo- mani civilis," i. e. the body of the Roman civil law, is made up of these books, the Institutes, Pandects, or Digests, Code and Novels. The Pandects are divided into fifty books, each book into several titles ; each title into several laws. Which are distinguished by numbers, and some- times one law into beginning {prinx:. for principiwm) and paragraphs thus, D. 1, 1, 5, I e. Digest, first book, first title, fifth law. If the law be divided into paragraphs, a fourth number will be added thus, D. 48, 5, 13, pr. or 48, 5, 13, 1. Sometimes the first word of the law, not the number, is cited. The Pandects are often marked by a double/ thus ff. The code is cited in the sames manner as the Pandects, by book, title and law. The Novels by their number, the chapters of that number, and the paragraphs, if any, as Nov. 115, 0. 6. The Institutes are divided into four books, each book into several titles or chapters, and each title into paragraphs, of which the first is not numbered, thus Inst. lib. 1, tit. 10, princip., or more shortly, Inst. lib. 1, 10, pr., so Inst. I 1, 10, 2. The student wiU notice thia The Justinian code of law was universally received through the B.oman world. It flourished in the Bast, until the taking of Gonstamiirtople by the Turks, A. D. 1453. In the West it was, in a great measure, suppressed by the irruptions of the barbarous northern nations, till it was revived in Italy, .n the twelfth century, by Imeriws, who had studied at Constantinople, and opened a school at Bologna, under the auspices of Frederick the First, Em- peror of Germany. He was attended by an innumerable number of stu- dents from all parts, who propagated the knowledge of the " Roman Civil Law" through most countries of Europe, where in a great measure it still continues, and will continue for ages, to be of great authority in courts of judicature, and seems to promise, at least in point of legislation, the fulfil- ment of the famous prediction of the ancient Romans concerning the " btee- NITT OF THEIE BMPIBE." CoDiciLLTJS. — When additions were made by the Romans to a will, they were called Codicilli, and were, it is said, expressed in the form of a Letter, addressed to the heirs; sometimes also to the trustees, (ad fide commissarios.) After the testator's death, his will was opened, vide Bar. Ep. i. 1, in the presence of the witnesses who had sealed it, or a majority of them. Tide Suet. Tib. 23. And if they were absent or dead, a copy of the will was taken in the presence of other respectable persons ; and the authentic testa- ment was laid up in the pubho archives, that if the copy were lost, another might be taken from it. Horace ridiculed a miser who ordered his heirs to inscribe on his tomb the sum he left. Vide Sat. ii. 3. 84. It was esteemed honorable to be named in the testament of a friend or relation ; and Consid- ered as a mark of disrespect to be passed over. CoEMPTio. — Thia word signified, among the Eomans, a kind of mutual 102 LAW GLOSSARY. purchaise (emptio ; venditio ;) when a man and woman were married, by de- livering to one another a small piece of money, and repeating certain words. Vide Gie. Orat. i. 5T. The man asked the woman " an sibi maier familias esse vellet" — whether she would be the mother of the family ; she answered " se velle," i. e. that she was willing. In the same manner the woman asked the man, and he made a similar answer. Boeth. in Oic. Topic. 3. The woman was to the husband in the place of a daughter, and he to her as a father. Sen. in Virg. G. She assumed his name, together with her own, as Antonia Drusi, Domiiia JBiiuli, &c. She resigned to him all her goods. Ter. Andr. i. 5, 61 : and acknowledged him as her lord and master. (Domi- riMs) Tide Virg. En. iv. 103, 214. The goods which a woman brought to her husband, besides her portion, were called " ParapTiema.'" In the first days of the republic, dowries were very small — that given by the Senate to the daughter of Scipio, was only eleven thousand asses of brass, £35 10s. 5d. and one MeguiUia was surnamed " Dotaia" or the great fortune, who had fifty thousand asses, i. e. £161 7s. 6d. sterling. Tide Val Max. iv." 10. But afterwards, upon the increase of wealth, the marriage portions of some women became greater, Decies centena so. sestercia, £8072 18s. 4d. sterling. Mart. ii. 65. Juv. vi. 136. The usual portion of a lady of ^ Senatorian rank. Juv. x. 355. Sometimes the wife reserved to herself part of the money, and a slave, who was not subject to the power of the husband. Some think that " coemptio" was used as an accessory rite to " consecratio," and retained when the pri- mary rite was dropped, from Oic. Flacc. 34. The right of purchase in marriage was not peculiar to the Romans, but prevailed also among other nations; as the Hebrews, Genesis, xxis. 18, 1 Samuel, xviii. 25, the Thracians. Xenopli. Anah. vii. &c., &c. So in the days of Homer. Tide Odyss. ym. 317, to which Tirgil alludes. G. i. 31. Some say a yoke used anciently to be put on a man and woman about to be married, whence they were called " Gonjuges," — others think this ex- pression merely metaphorical. Tid. Hor. Od. ii. 5. OoLLlSTElGnJM. — A piUory. Gollwm stringens; Filloria, Fr. PiUeur. This was an engine made of wood to punish offenders by exposing them to public view, and rendering them infamous. By 51 Sen. 3, stat. 6, it is appointed for bakers, forestallers, and those who use false weights, perjury, forgery, &c. Tide 3 Inst. 219. Lords of leets are to have a pillory and tumbril, or, it is said, it will be a cause of forfeiture of their ieet, and a viU may be bound by prescription to provide a pillory, &c. 2 ffawk. P. G. c. 11, § 5. CtrMMTJNiA PLAOITA. — It was the ancient custom for tho feudal mon- archs to preside themselves in their courts, and to administer justice in person. Tide Marcalf, lib. ,i. § 25. Murat. Dissert, xxxi. Charlemagne, whilst he was dressing, used to call parties into his presence; and having heard and considered the subject of litigation gave judgment concerning it. Tide Eginhartits Vita Garolomagni, cited by Madox, Hist. Excheqr. vol. i. p. 91. The trial and decision of causes by the sovereigns themselves, could not fail of rendering their courts respectable. St. Louis, who encouraged the practice of appeals, revived the ancient custom, and administered justice in person, with aU the ancient simplicity: "I have often seen the Saint," says Joinville, " sit under the shade of an oak, in the wood of Vincennes, when all who had any complaint freely approached him. At other times he gave orders to spread a carpet in a garden, and seating himself upon it, heard the causes which were brought before him." Tide Hist, de St. Louis, p. 13. Edit. 1761. Princes of inferior rank, who possessed the right of sitting in judg- ment, dispensed it in person, and presided in their tribunals. Two instances LAW GLOSSART. 103 of this occur, with respect to the Dauphines of Vienne. Vide Sist de Davi- pMne, torn. i. p. 18, torn. ii. 251. It appears, however, probable, that prior to the law or regulation contained in the text, the courts of justice of all the feudal monarchs, were originally ambulatory, and followed their persons, and were held during some of the great festivals. Philip Augustus, A. D. 1305, rendered it stationary at Paris, and continued its terms during the greater part of the year. "William, the Conqueror, estabUshed a constant court in the hall of his palace, from which the four courts now intrusted with the administration of justice in England, took their rise ; and as the king used to sit in ancient times upon the bench, it is a probable reason why a blow given in the Court of King's Bench upon any provocation what- ever, was punished with the loss of the offender's hand, as it was done in the king's presence. Henry the Second divided his kingdom into six circuits, and sent itinerant judges to hold their seats in them, at stated seasons. Justices of the peace were appointed in every county by subsequent monarchs, to whose jurisdiction the people had recourse in very many cases. CoMPUKGATOEBS. — Formerly, in most cases, where the notoriety of the fact did not furnish the most clear and direct evidence, the person accus- ed, or he against whom an action was brought, was called upon legally, or voluntarily offered to purge himself by oath ; and upon his thus support- ing his evidence, he was immediately acquitted. Tlie pernicious effects of this mode of trial were sensibly felt ; and in order to guard against them, the laws ordained that the oath should be administered with the greatest solem- nity ; and accompanied with every circumstance which could inspire relig- ious reverence, or superstitious terror. Tide Du Gange Cfloss. vac. " Jura- mentum." This, however, after a time, proved but a feeble remedy ; the rites and ceremonies became familiar; and when men found "that sentence against a perjurer was not executed speedily," the impression on the imagina- tion gradually diminished. Men who could venture to disregard truth, were not startled at the solemnities of an oath, nor the " pomp and choumstance" with which it was taken. This put the legislators upon devising a new ex- pedient for rendering the purgation by oath more safe and satisfactory. They required the person accused to appear with a certain number of freeman, his neighbors, or relations, who corroborated the oath which he took, by swear- ing that they believed all that he uttered to be true. These persons produced were called " Compurgatores," and their number varied according to the im- portance of the subject in dispute ; or the nature of the case with which a person was charged. In some important cases, it is said, that no less than the concurrence of three hundred witnesses was necessary to acquit the per- son accused. Tide Spelman's Gloss, voc. " Assarth." CoNNtJBiUM. — This word is often found in the Eoman law. No Roman citizen was permitted to marry a slav^, a barbarian, or a foreigner, unless by permission of the people. Vid. Livy, xxxviii. 36. By the laws of the Decern/- viri, intermarriages between the Patricians and Plebeians were prohibited. But this restriction was abolished. Vid. Liv. iv. 6. Afterwards, however, when a Patrician lady married a Plebeian she was excluded from the rights of Patrician ladies. Vide Liv. x. 23. When any woman married out of her own tribe it was called Enuptio Gentis, which likewise seems anciently to have been forbidden. Tide Liv. xxxix. 19. CoJTTRA Pacem. — At several times during the year, the church formerly imposed an interdiction on the Barons against all private wars : the Sover- eign also insisted upon this when the Barons were required fo? the defence of the kingdom, and on other occasions ; the offence of waging private wars at those times was considered highly criminal, and was said to be committed, 104 LAW GLOSSAET. "amta pacem Domini Begis," I e. against the king's peace: from this oir- oumstanoe it is probable the custom arose of inserting the words " contra jpacem" in indictments for offences at the Common Law. CoNTTJBEENinM. — With the ancient Romans there was no regular mamaga among slaves, but their connection was called Gontiibemiwm, and themselves Coniubernales. The whole company of slaves in one house was called familia, (hence our word family,) and the slaves Familiares. The proprietor of slaves was called Oomimis. Terent. Eun. ili. 2, 23, whence the word was put for tyrant. Liv. ii. 60. On this account, it is said, Augustus refused the name. Sitet. Aug. 63. Slaves employed to accompany boys to and from school were called Pceda- gogi ; and the part of the house where these young slaves staid, who were instructed in hterature (literoB seniles), was called Fcedagogium. Vid. JfUn. 'j^. vii. 2T. CnBLB CmsTiANiTATES. — ^Du Cange,- in his Glossary, voc. Curiis Christianitates, has collected most of the causes with respect to which the clergy arrogated an exclusive jurisdiction. Giannone, in his civil history ot Naples, has ranged these under proper heads. M. Flmry observes that the clergy multiplied the pretexts for extending the authority of the spiritual courts with so much boldness that it was soon in their power to withdraw almost every person and every cause from the jurisdiction of the civil magis- trate. Eist. Ecd. torn. xix. It has been said that the origin of Ecclesiastical jurisdiction had its source in that advice of St. Paul, who reproves the scan- dalizing of Christianity, by carrying on law suits against others before heathen judges, and recommends the leaving all matters in dispute between Chris- tians to the church, or the congregation of the faithful. 1 Cor, vi. 1, 8. Curia Comitattjs. — Anciently the principal causes came into the Great County Court held by the sheriff, who was assisted by the bishop and earl. This court had cognizance of offences against religion ; of temporal offences which concerned the public, as felonies, breaches of the peace, nuisances, and the like ; of civil actions, as titles to land, and suits upon debt or con- tract: it also held the view oi frankpledge, which was an inquest impan- nelled by the sheriff to see that every male above the age of twelve years had entered into some tythiug, and taken the oath of allegiance. Prom the time of king Edgar, the Great County Court was divided into two; the one a Criminal, the other a Civil Court. The Criminal was called the sheriff's Town, and was held by the sheriff and bishop twice in the year, viz. : in the ■ months following Easier and Michaelmas, for the purpose of trying all crim- inal matters whatever: from this, it is said, was derived the Court Leet. The Civil Court retained the name of the County Court (from which came the Court Baron), and in it all the civil pleas of consequence arising in the county were tried. In the Criminal Court offences were punished according to the superstition of the times, if they did not purge themselves of the matter wherewith they were charged by the ordeal, by the corsned or morsel of execration, or by wager of law with Compurgators. In the Civil Court, parties complained against might purge themselves by their sureties, by wager of law. Trials by jury were also frequently used ; for that mode of trial is generally considered to have been of Saxon origin ; though whether that jury was composed of twelve men, or whether they were bound to a strict unanimity, does not appear to be precisely known at this period of time. CmirA Potmoa. — A public (or open court) more generally with some par- ticular word; or addition to the word " Curia," to denote whether of the King's Bench, Common Pleas, or Exchequer, &o. There have also been from a very early period a multiplicity of inferior courts, many of them es- LAW GLOSSARY, 105 tablished in the feudal times, -whose services are extremely peculiar, nay, sometimes to us, ludicrous ; and the tenures by which estates are held in several of them, are very remarkable, and denote the simplicity and rude customs of our ancestors. There is a court held on King's Bill, Rochford, in &sex, called "Lawless Court''' on the Wednesday morning next after Michaelmas day, yearly, at cock-crowing ; at which court they whisper, and have no candle, nor other light, nor have they any pen and ink ; but only a piece of charcoal, and he that owes suit or service, and does not appear, for- feits double his rent. This court is mentioned by Camden, who informs ua that this servile attendance was imposed on the tenants for conspiring, at the like unseasonable time, to raise a commotion. Vide Camden's Beitan. The title is in rhyme, and as it may be amusing to the reader, it is inserted. The Court roU runs thus: "King's mu in) Rochford. ) Curia de domino rege, Dicta sine lege, Tenta est ibidem, Per ejus consuetudinem Ante ortum soils, Luceat nisi polus, SenescaUus solus Nil seribit nisi colis, Toties voluerit. Gallus ut cantaverit, Per cujus soli sonitus, Curia est summonitus ; Clamat clam pro rege, In curia Sine lege. ' Et nisi cito venerint, Citius pa3nituermt, Et nisi clam accedant, Curia non attendat ; Qui venerit cum lumine, erat in regimine, Et dum sunt sine lumine, capti sunt in crimine ; Curia sine cura, Jurata de injuria; Tenta ibidem die Mercurii (ante diem) proximo, post festum Sanoti Miehaelis, anno, &c., &c. " The Court of our Lord the King, held without law, is kept there by cus- tom before the rising of the sun, unless the north pole may emit a glimmer- ing light. The steward himself; when decrees are to be entered, writes the same with charcoal. At the crowing of the cock, by whose clarion the court is summoned, the steward proclaims the opening of this lawless court in the King's name ; and that unless they forthwith come, they shall quickly repent, and unless in secrecy they attend, the court will not give audience to their business, and he who shall come vrith hght is under a penalty, for whilst they associated in darkness, they were caught in crime. Tliis lawless court was sworn to try offences, and held on Wednesday, next after Mi- chaelmas day (before daylight), in the year, &c., &c." Another singular ceremony is performed as an ancient tenure for lands, held in the parish oi Broughlm. On Palm Sunday, a person from Broughion, brings a very large whip, which is called a gad, into the church at Caister, the stock of which whip is made of wood, tapering towards the top, having a large thong of white leather, and being wrapped towards the top with the same. He comes towards the north porch about the conclusion of the first lesson, and cracks the whip as loud as possible three times, the thong roach- 106 LAW aLOSSARY. ing within the porch ; after which he wraps the thong round the stock, hav ingfour twigs of motintaiu ash placed within the same. He then ties the whole together with whip cord, and suspends a leathern bag to the top of the stock, with two shillings in it, (originally twenty-four sUver pennies;) he then takes the whole on his shoulder, marches into the church, and stands till the commencement of the second lesson. He next goes to the reading desk, and kneeling down upon a cushion, holds the purse suspended oyer the priest's head till the end of the lesson. He then retires into the choir, and, after the service is concluded, carries all to the manor house of Hwndon, where they are left. D. Da. Yes. Da gratiam loquendi. Give tte liberty of speech. Damage feasant. Doing damage. Damaiottse. Causing damage. Damkanda res. A condemned estate, or thing. Damni injurise actio. An action given against a per- son who has intentionally injured the property of another. Damnosa hsereditas. A disadvantageous inheritance. Damnum absque injuria. "A loss without injury." A loss for which no recompense can be obtained. Damnum fatale. Damages arising from inevitable events, such as loss by shipwreck, lightning, &c. Damnum sine injuria. A loss without injury. Dane-lage. " Danish custom, or law." The Danish laws were at one time in force in particular parts of Eng- land which the Danes had taken from the Saxons. Danger de la terre. Land-risk. Dans un pays libre, on crie beaucoup, quiqu'on souffre peu ; dans un pays de tyrannic, on se plaint peu quoiqu'on souffre beaucoup. In a free country there is much clamor, with little sufiEering ; in a despotic state, there is little complaint but much grievance. Dare aliquam evidentiam. " To give some evidence." Thus it may be necessary to give some evidence in the county to which the venue is changed. LAW GLOSSARY. 107 Daee autem non possunt tenementa sua, nee ex causa donationis ad alios transferre, non magis quam villani puri ; et unde si transferre debeant, restituunt domino vel bail- livo ; et ipsi ea tradunt aliis in villenagium tenenda. But they cannot give away their tenements nor transfer them to others on account (of the mode) of the donation, no more than as though they were simple villains ; and therefore, if they are to be transferred, they render them back to the lord or his bailiff; and they deliver them to others to be held ia villainage. Daee judicium. To give judgment; to decide the cause. Yick note. Darien presentment. The last presentation. Data. " Things granted." We must proceed on certain "data" that is, on matters previously admitted to be correct. Datio tutoris. The appointment of a guardian or tutor by a magistrate, where the will had not provided one. Datum. A thing granted : a point fixed upon : a first principle. Daysman. An arbitrator. De acquirenda possessione. Of obtaining possession, De admensuratione dotis. A writ which lies where the heir or gftardian assigns to the widow more land than rightly belongs to her. De admensuratione pasturao. " Of the admeasurement of pasture." A writ so called. De advisamente consihi nostri. 'Bj the advice of our council. An expression used in the old writs of summons to parliament. De sequitate et lege conjuncta. Of equity and law conjoined, De aetate probanda. A writ to summon a jury to in- quire whether the heir to an estate is of age or not. De aliquibus tenuris iatrinsecis et transgressionibus, aut 108 LAW GLOSSARY. contractib-us, intra eundem burgum factis. Concerning other domestic tenures, and trespasses, or contracts, per- formed within the same borough. De allocatione faoiendo. A writ for making an allow- ance. De alto et basso. An expressioii lised in ancient times to signify the absolute submission of all differences to arbitration. De ambiguis et obscuris interpretandis. As to doubt- ful and obscure translations. De ambitu. ^The Romans had a law {de amlitu) against bribery and corruption in elections, with the infliction of new, severer, and, perhaps, just punishments for this offence, which strikes at the root of all good government. Vid. Dio. xxxix., 37. They had also a law {de amUtu), Suet. 34, against forestalling the market ; also another called de amhitu, limiting the pleadings in criminal cases to one day's duration, allowing two hours to the prosecu- tor, and three to the accused. De ampliori gratia. ^Of more abundant or special grace. De anno bissextUi. Of the bissextile or leap year. De annua pensione. ^Writ of annual pension. De annua redditu. A writ for recovering an annuity, payable either in money or goods. De apibus. Apium quoque fera natura est ; itaque apes, quae in arbore tua constituerunt, antequam a te alveo inclu- dantur, non magis tuge intelliguntuf esse, quam volucres quae in arbore tuo nidum fecerint ; adeoque si alius eas incluserit, is earum dominus erit. Of Bees. The nature of bees is also wild ; therefore, bees which have swarmed in your tree, before they are inclosed by you in the hive, are not understood to be yours, any more than birds which have made their nest in your tree ; and therefore, if any other person has inclosed them he shall be their owner. De apostata capendo. Writ for taking an apostate. LAW GLOSSARY. 109 De arrestandis bonis ne dissipentur. A -writ to seize goods to prevent their being made way with during tlie pend- ing of a suit. Db arrestando ipsnm qui pecuniam recepit. A writ to seize one wlio had taken the king's prest money to serve in war, and secreted himself when the time came for him to go. De asportatis religiosorum. Of taking away of (the property) of religious persons. De assiza novse disseysinae. Of the assize of novel disseisin, De assiza proroganda. Writ for proroguing an assize. De attornato recipiendo. Writ to receive an attorney. De audiendo et terminando. A writ for hearing and determining. De averagiis mercium € navibus projectarum, distribu- endis, vetus habetur non impressum, cujus exemplar apud me extat.' With respect to the average of merchandise thrown from vessels, and to be divided, there is an ancient statute, not in print, of which I have a remembrance. De averiis captis in withernamium. Writ for taking cattle or goods in withernam. De averiis replegiandis. Writ for replevying beasts. Db averiis retornandis. ^Writ for returning the cattle. De avo, Writ of ayle. De banco. Of the bench. De bene esse. Conditionally. Debet esse facta bona fide, et tempestative. The thing should be done fairly, and seasonably. Debet et detinet. He owes and detains. Debet sui cuique domus esse perfugium tutissimum. "Every person's house should be his most safe refuge," Every man's house is his castle. De bien et de mal. For good and evil. Debita ftmdi. Debts secured upon land. _ Debita laicorum.- — Debts of the laity. 110 LAW GLOSSARY. Debito aut legitimo modo. In a due or legal form. Debito justitiae. By a debt of justice : by a claim justly established. Debito modo electus. Elected in a legal manner. Debitoe non prsesumitur donare. A debtor is not presunaed to make a gift (to bis creditor by wUl). Debitum et contractus sunt nuUius loci. Debt and contract have no locality. Debitum in praesenti. A debt due at the present time. Debitum in prsesenti, solvendum in fiituro. A debt contracted (or due) at present, payable at a future day. Debitum recuperatum. A debt recovered. De bone memorie. Of good memory. De bonis asportatis. Of goods carried away. De bonis defancti primo deducenda sunt ea quse sunt necessitatis ; et postea, quse sunt utilitatis ; et ultimo, quse sunt voluntatis. From the goods of a deceased person, those which are of necessity are first to be deducted ; and afterwards those of utility, and lastly, those of bequest. De bonis ecclesiasticis levari. To be levied from the goods of the church. De bonis et catallis debitoris. Of (or concerning) the debtor's goods and chattels. De bonis et catallis testatoris, et quse ad manus testatoris devenirent administrand'. Of the goods and chattels of the testator ; and whatsoever came to the testator's hands to be administered. De bonis intestatoris. Concerning the goods of an in- testate. De bonis non.' Of goods not (administered). De bonis non administrandis. Of goods unadminis- tered. De bonis non amovendis. A writ to prevent the ra- moving of goods. De bonis propriis. Of his own goods. LAW GLOSSARY. Ill • De bonis propriis, si non, de bonis testatoris. Of bis Q-wn goods, (if be bave any,) if not, of tbe goods of tbe tes- tator. De bonis testatoris. Of tbe goods of tbe testator. De bonis testatoris cum acciderint. Of tbe testator's eflfects, when tbey come to band. De bonis testatoris si, &c., et si non, tunc de bonis, pro- priis. Of tbe testator's goods if, &c., and if not, then of bis own proper goods. De bonis testatoris, si tantum in manibus babeant unad- ministrand'. Of tbe goods of tbe testator, if tbey bavo so mucb in tbeir bands unadministered. De bono gestu. For bis good bebavior. Debuit reparare. He ought to repair. De c83tero non recedant quEerentes a curia domino regis, pro eo quod tenementum transfertur de uno in alium. ■ From henceforth that plaintiffs do not withdraw from the court of the lord tbe king, because the tenement is trans- ferred from one to another. De calceto reparando. ^Writ for repairing a cause- way. De capitalibus dominis feodi. Of tbe chief lords of tbe fee. De capitalibus feodis. Of the chief fees. De castro, villa et terris. Concerning a castle, vill, and lands. De catallis reddendis. Writ for rendering goods. De cartis reddendis. Writ for re-delivering charters or deeds. De causis criminalibus, vel capitalibus, nemo quaerat con- silium quin implacitatus statim pernegat, sine omne peti' tione consilii. In aliis omnibus, potest, et debet uti con- silio. In criminal or capital cases that no one obtain traverse ; but if arraigned, that be plead immediately, without any request for a traverse. In all other cases be may and ought to have traverse. 112 LAW GLOSSAET. De cautione admittenda.- — Writ to take caution or security. Decemviri. " Ten men." They were appointed to compose the twelve tables of the laws for the Boman peo- ple. Vide note. Decennaries. The division of persons by tens. Vide note. De certificando. A writ for certifying. Decet tamen principem servare leges, quibus ipse salu- tus est. For it iDeeomes the prince to keep the laws, by which he himself is preserved ia security. De champertia. The unlawful purchase of an inter- ept in a thing in dispute with the object of maintaining the litigation. De chimino. A writ to enforce a right of way. Decim^. Tithes — or Tenths. Vide note. Declara hoc dictum, "Ubi nauta munere vehendi in parte sit functus, quia tunc pro parte itineris quo merces inventse sint vecturam deberi sequitas suadet, et pro ea rata mercedis solutio fieri debet." Show forth this, " That where the mariner having partly discharged his business of transporting the goods, consequently for that part of the voyage to which the merchandise has arrived, equity recommends that the freight should be paid, and for that part of the merchandise, payment ought to be made." De clerico admittendo.- Writ directed to the bishop, commanding him to admit the plaintiff's clerk. De clerico capto per statutum mercatorium deliberando. Writ for delivering a clerk arrested on a statute mer- chant. De clerico infra sacros ordines constitute non eligendo in officium. Writ directed to a baUiff, commanding him to release a person in holy orders who has been com- pelled to accept the of&ce of bailiff or beadle. De clero. Concerning the clergy. LAW GLOSSARY. 113 De coctoribus. " Concerning spendthrifts." By the Roman law, a certain place in the theatre was allotted to spendthrifts ; vide Cic. Phil ii. 18. The passing of this law- occasioned considerable tumult, which was allayed by the eloquence of Cicero, the Consul ; vide Cic. Att. ii. To this it is probable Virgil alludes : vide. ^n. i. 125. De comitibus legatorum. Of the courts of bequests. De communi consilio super negotiis quibusdam, arduis eturgentibus regem, statum, defensionem regni Angliae, ec- clesiae Anglicanse concernentibus. Of the general coun- cil upon certain important and urgent concerns, relating to the king, the state, defence of the kingdom of England and the church of England. De comon droit. Of common right. De compoto. Of accounting. De concionibus. Eclating to the assemblies (or pubr lie orations). De confes. Canon law in France. Such persons who died without confession were so called in former times* De conflictu legum. Of the contradiction of the laws. De conjecturis ultimarum voluntatum. Concerning the interpretation (or meaning) of last wills (or testaments). De conjunctim feoffatis. Concermng individuals jointly seized. De consanguinitate. Concerning relationship by blood. De consilio curise. By the direction of the court. De consuetudine Anglise, et super consensu regis et suo- rum procerum in talibus ab antiquo concesso. Accord- ing to the custom of England, and by the assent of the king and his nobles anciently conceded in like matters. De consuetudinibus et servitiis. Concerning customs and services. De continuando assisam. Writ to continue an assize. De contributione facienda. ^Writ for making contri- bution. 8 114 LAW GLOSSAET. De contumace capiendo. Writ for tlie arrest of cat' tain vicious persons. De copia libelli deliberando. A writ for delivering the copy of a libel. De comes et de boucHe. ^"With horns and with month or voice." De coronatore eligendo. Concerning the election of a coroner. De coronatore exonerando. Of discharging a coroner. De corpore comitatus. ^From the body of the county. De corpore dehcti constare opertebat ; id est, non tam fii- isse aliquem in territorio isto mortuum, inventum, quam vul- neratum et csesum. Potest enim homo etiam exalia causa subito mori. The substantial part of the offence should be manifest; that is, not only that a person was found dead in that district, but (whether) wounded and slain. For a man may also die suddenly from some other cause. De corpore suo. Of his, own body. De corrodio habendo. Writ to exact from a religious house a uorody. De creduHtate. From belief. Deoeeta juris, justitia, veritate quae funduntur. The decisions of the law, which are founded in justice and truth. De cursu. Of course. De custode amovendo. Writ for removing a guardian. De custodia terrie, et hseredis. Of the custody of the land, and the heir. De cy en avant. From now henceforth. De damnis. Concerning damages. De ddfaute de droit. Of a defect of right. Tide note. De defensione juris. Of defending the right. De defensione ripariss. Concerning the defence of the banks of rivers. * De die in diem. From day to day. Dedi et concessi. 1 have given and granted. LAW GLOSSARY. 115 Dedimus potestatem. We have given a,utliority. De disseisina super dissieisinam. Of disseisin (or in- trusion) upon intrusion ; or one intrusion upon anotlier. Deditio. A surrender : a giving up. De dolo malo. Of, or founded upon fraud. De domo reprando. Writ to compel a man to repair his house when it was in danger of injuring the property of another. De donis. " Concerning gifts, or grants." A statute so called. De donis conditionalibus. Concerning conditional gifts. De dote assignanda. Writ for assigning dower. De dote, unde nihil habet. Concerning dower, in re- lation to which she has no interest. De ejections firmse. Of ejection of the farm. De eo, quod qnis post mortem fieri velit.' Concerning that which any one desired to be performed after his de- cease. De escaeta. A writ to recover land from a tenant who has died without an heir. De escambio monetae. Anciently a writ authorizing a merchant to make a bill of exchange. De esse in peregrinatione. Of being on a journey. De essendo quietum de theolonio. A writ of being quit of toll. De estoveriis habendis. Of having estovers. De estrepamento. An ancient writ to stop or pre- vent a waste in lands by a tenant, while a suit was pending against him to recover them. De et super pr^missis. Of and upon the premises. De excommunicate capiendo. Of arresting an excom- municated person. De excommunicato deliberando. Of discharging an excommunicated person. De excommunicato recapiendo. ^Writ for retaking 116 LAW GLOSSABT. an excomnranicated person who had recovered his liberty without giving secnrity to the church. De executione judicii. Concerning execution of the judgment. De exitibus terrae. Of the rents (or issues) of the land. De exoneratione sectsB. — ■ — ^Writ for exoneration of suit. De expensis nulitum. "Of the expenses of knights." The name of a writ commanding the sheriff to levy the expenses of a knight of a shire, for attendance in Parlia- ment. His allowance was four shillings per day by statute. And there is also a similar writ called " De expensis dvium et Imrgensium,^^ or for the expenses of the citizens and bur- gesses, to levy for each of these two shillings per diem. De exportatis bonis. Concerning exported gooda. De facto jus oritur. The law arises from the fact. De falso moneta. The name of an ancient statute or- daining that persons importing false coins should forfeit their lives and goods. Defeazance. A conditional tmdertaking to annul the effect of a bond, &c. Defectus jurisdictionis. A want of jurisdiction. Defenders tam neghgenter efimprovide custodivit, et carriavit. The defendant so negligently and carelessly kept and carried (the goods). De feodo.. Of fee. De fide et officio. Of (his) faith (or integrity) and his office. De fide et officio judicis non recipitur qusestio. " No question can be entertained as to the duty and integrity of a judge." No presumption can be entertaiaed against him, in the first instance ; there must be strong and fuU proof of malversation. * De fidei Isesione. Of breaking his faith (or fealty). De fidelitate. Concerning fealty. De fide privata bello. " Of private faith in war." In case one of the hostile parties send a flag of truce to the LAW GLOSSAEY. 117 Other, or sailors are shipwrecked ; in these cases private faith or the law of nature must be observed. De fine capiendo pro terris. Writ for a juror who had been convicted of giving a false verdict, to obtain the release of his person and property on paying to the crown a fine. De fine non capiendo pro pulchre placitando. Writ forbidding the taking of fines for beau pleader. De fine pro redisseisina capiendo. — -Writ for the re- lease of one in prison for a re-disseisin, on paying a reason- able fine. De formulis et impetrationibus actionis sublatis. ^Aa to producing the forms and petitions of the suit. De foro legatorum. Of the court of bequests. De frangentibus prisonam. Of those breaking prison. De furto. Of theft. A criminal appeal formerly made use of in England. De gestu et fama.^ Of behavior and reputation. De gratia justiciorum. ^By favor of the judges. De hserede deliberando illi qui habet custodiam terrae. Writ for delivering an heir to him who has wardship of the land. De hjeretico comburendo. Concerning the burning of a heretic. De homine replegiando. Of replevying a man (out of custody). Dehors. Out of : abroad. De hujusmodi malifactoribus, qui hujusmodi inquisitioni- bus sigilla sua apponant, et sicut dictum est de vicecomiti-' bus, observetur de quolibet bailivo libertatis. And it is also commanded the sheriff to warn each bailiff of the liberty of those wicked persons who set their seals to such inquisitions. De idemplitate nominis. Writ relating to identity of name. De idiota inquirendo. Of making inquisition as to an idiot. 118 LAWGLOSSAET. Dei, et sanctae ecclesiasise. Of God and the Holj Church. De iis qui ponendi sunt in assisis. Of those who are to be put on assises. De incendio, ruina, naufragio, rate, (nave expugnata.) ^For the burning, loss, damage by shipwreck, for the vessel (the ship being taken by force). De incremento. Of increase. De ingressu. Of entry. De injuria sua. Of his own wrong. De injuria sua propria, absque residua causa. Of his own wrong (or injury) without any other cause. De injuria, vel de son tort demesne. Of his own in- jury or first wrong. De inofficioso testamento. Concerning an inofficious will, i. e. one made contrary to natural duty. De jactis in mare levandaa navis causa. Concerning goods thrown into the ocean, for the object of lightening a vessel. De judaismo. A statute prohibiting usury. De judicio sisti. For appearance in court. De jure belli et pacis. Of the law of war and peace. De jure communi. Of common right. De jure — de facto. " From the law : from the fact.". Sometimes an offender is guilty the moment the wrong is committed — then he may be said to be guilty " de factor In other cases he is not guilty until he be convicted iy law, then he is guilty " de jure." De jure et judicio feciali. Concerning the law (or right) and trial by heraldry. De jure maris. Of the maritime law. De jure maris, et brachiorum ejusdem. Of the law of the sea, and its branches (arms or rivers). De jure naturae cogitare per nos, atque dicere debemus : de jure populi Bomani, quae relieta sunt et tradita. By the law of nature, we ought to consider and pronounce of LAW GLOSSARY. 119 ourselves : by the law of the Roman people we should (think) of what has been left and handed down to ns. De jure principis circa commerciorum libertatem tuen- dam. Of the right of the prince as to defending the freedom of commerce. De la pluis beale (or belle). An old term applied to a species of dower which was given out of the best of the husband's property. Del credere. Of trust. Delegata potestas non potest delegari. A power given cannot be transferred (or assigned). Delegatus non potest delegare. ^A deputy cannot transfer his trust. De lege Rhodia de jactu. In respect to the Bhodian law as to jettison (or throwing goods overboard). De legitimo mercatu suo. Concerning his lawful merchandise. De leproso amovendo. "As to removing a leper." An ancient writ so called. De levi culpa. As to a trifling offence (or fault). De libera falda. "Writ of freehold. Delibeeandum est diu, quod statuendum semel. That should be maturely considered, which can be decided but once. De libero tenemento. Concerning a free tenement, or (tenure). De libertate probanda. Of proving (their) freedom. De libertatibus allocandis. "Writ for allowing liber- ties. De licentia transfretandi. -Writ directed to the war- den of a seaport, authorizing him to permit the person named in the writ to leave that port, and cross the sea upon certain conditions. Delictum. A fault, offence, or crime. Delictus pro modo pcenarum, equorum, pecoramque, numero convicti mulctantur. Pars mulctse regi, vel civi- 120 LAW GLOSSARY. tati ; pars ipsi qui vindicatur, vel propinquis ejus, exsolvi- tur. By way of punislimeiit for their offences, those persons who are convicted are fined in a number of horses, and other cattle. Part (of the fine) is paid to the king, or to the state, part to him who is injured, or to his relations. Vide note to Weregild. De lunatico inquirendo. A commission for inquiring whether a party be a lunatic or not. De magna assiza eligenda. Of appointing the grand assize. De malo lecto. Of being sick in bed. De malo veniendi. Of being sick on his way. De malo villse. Of being ill in the town. De manucaptione. Writ of mainprise. [These were returns formerly made to writs when such cases occurred.] De mediatate. Of a moiety, De mediatate linguae. " As to a moiety of the lan- guage." If an alien be tried on a criminal charge, the jury are to be " cfe mediatate linguoe," one half foreigners. De medio. Writ of mesne. De melioribus damnis. Of better (or greater) dam- Dementia. naturahs. ^Idiocy : permanent, or natural madness. De mercatoribus. Eelating to merchants. De militibus. " Concerning knights." A statute so called. De minimis non curat lex. The law regards not mere trifles. De minis. ^Writ to compel an offender to keep the peace, where he had threatened another with either personal violence or destruction to his property. De minoribus rebus principes consultant ; de majoribus omnes. Concerning minor affairs, the princes (or chief- tains) consult ; on important matters, all deliberate. Vide note, LAW GLOSSARY. 121 Demisi. 1 have demised (or granted). Demissio regis, vel coronse. The demise of the king, or the crown. De modo decimandi. Of the manner of taking tithes; De modo procedendi contra magistrum. As to pro- ceeding against the master (or principal). De modo procedendi contra socios, scholares et discipu- los, in majoribus criminibus. ^As to the manner of pro- ceeding against the fellows, scholars and learners in respect to higher offences. De monticollis Wallise, duodeni legales homines, quorum sex Walli, sex Angli erunt, Anglis et "Wallis jus dicunto, ■ Concerning the Welch inhabitants, iSt there be twelve lawful men (appointed) six of whom shall be "Welchmen, and six Englishmen, and let them expound the law in English and Welch. Demoeaei. To demur. Demokatue. "He demurs: he abides." A demur- rer, whUst the law proceedings were in Latin was synon- ymous to a resting place. De morte antecessoris. Of the death of the ancestor. De morte hominis. Of the death of a man. De morum honestate servanda, et dissentionibus sedan- dis. Of preserving probity of morals, and appeasing disputes. De mot en mot. From word to word. De muUere abducta cum bonis viri. Concerning a woman taken away with her husband's goods. De nativo habendo. Writ to apprehend a fugitive villain, and restore him with all his goods to his lord. De nautico fcenore. Of nautical interest, usury or bottomry. Denique, cum lex Mosaica, quanquam inclemens et as- pera, tamen pecunia furtum, haud morte mulctavit, ne putemus Deum, in nova lege clementise, quS pater imperat 122 LAW GLOSSARY, filiis, majorem induisse nobis invicem sseviendi licentiam. Haec sunt cur non licere putem, quam vero sit absurdum, atque etiam perniciosum reipublicse f iirem, atque homicidam, ex asquo puniri, nemo est (opinor) qui nesciat. ^Lastly, seeing that the Mosaic law, although rigorous and severe, punished theft, not by death, but only by a pecuniary pen- alty, we cannot suppose that God, in the new law of mercy, by which as a father he governs his children, has given us a greater license of severity against one another. These are (the reasons) why I do not consider it to be lawful — ^no man (I think) exists who does not know how truly absurd, and even injurious to the public (it must be) that a thief and a murderer should be punished in the same manner. [This was the opinion of a philanthropist, expressed in very forcible language. For ages past penal laws have be- come less sanguinary ; and to the honor of the United States, crimes only of the greatest turpitude are punished with death.J De non apparentibus, et non esistentibus eadem est ratio. The reason is the same respecting things which do not appear, as to those which do not exist. [This rule is applicable, as well to the arguments of counsel, as to a jury deliberating on their verdict ; and al- though there may be a very strong, probability that many circumstances exist, which, if proved, would give a differ- ent complexion to the case, yet, if they are not in evidence, agreeably to the rules of testimony, it would be too much for a jury to say that they were /acfe.] De non capiendo. — —Of not taking (or arresting). De non decimando.- — Of not being subject to tithea De nonponendis in assisis, etjuratis. Of not being liable to serve on the jury, and at the assizes. De notitia nummi. Of the knowledge of pecuniary affairs. De novo. ^Anew : afresh. Denteb omnes deoimse primarise ecclesiae, ad quam LAW GLOSSARY. 123 parocliia pertinet. That all tithes be given to tlie Moth- er Chitrcli, to which the parish belongs. Vide note. Dent operam consules, ne quid respublica detriment! capiat. That the Consuls use their exertions, lest the commonwealth should be injured. De occupatione ferarum. Ferae igitur bestise, et volucres, et pisces, et omnia animalia, quae mari, coelo, et terra nas- cuntur simul atque ab alio capta fuerint, jure gentium sfca- tim illius esse incipiunt : quod enim ante nullius est, id naturali ratione occupanti conceditur ; nee interest, feras bestias, et volucres utrum in suo fundo quis capiat, an in aHeno. Plane qui alienum fundum ingreditur venandi, aut aucupandi gratia, potest a domino, si prseviderit, pro- hiberi ne ingrediatur. Concerning the possession of wild animals. Therefore wild beasts, and birds, and fish, and all animals existing in the sea, the air, and on the land, when they are taken by any person, become immediately, by the law of nations, his property ; for that which by natural reason was no person's property, is allowed to him who first obtains it ; nor is it material whether a person take wild beasts and birds on hisjjwn soil, or on that of another. It is evident that he who enters into another's land, for the purpose of hunting, or fowling, may be pre- vented from doing so by the owner, if he has foreseen (his intention). Deodandum. " A gift of God." It is also a forfeit- ure to the king or the lord of a manor of that beast or chattel which is the caXise of a person's death ; and ap- pears formerly to have been applied to pious uses and dis- tributed in alms by the High- Almoner. Yide 1. H. P. G. 419. Fleta, lib. 1 c. 25. Vide note. De odio et atia. Of hatred and malice, De of&cio coronatoris. Concerning the office of the coroner. De omnibus oneribus ordinariis et extraordinariis neces- sitate rei. Concerning all ordinary and extraordinary 124 LAW GLOSSARY. burthens or expenses (arising out) of the necessity of the case. De omnibus quidem cognoscit, non tamen de omnibus judicat. It certainly takes cognizance, but does not judge of all actions. Db pace, de plagis, et roberia. Of (breaking) the peace, injuries and robbery. Vide note. De pace, et imprisonamentis. As to (breaking) the peace, and imprisonments. De pace, et legalitate tuenda. Of keeping the peace and for good behayior. De pace infracta. Of breaking the peace. De pannagio. " Of food for swine ;" the mast. Some- times it means the sum paid for the mast of the forest. De parco fracto. Concerning pound breach. De parendo mandatis ecclesise, in forma juris. Of obeying the decrees (or orders) of the church in form of law. De parte domus. Of part of the house. De parte sororum. Of the sisters' share. De partitione facieuda. " Of making a division." The name of an ancient writ directing the sheriff to make a partition of the lands. De pertinentiis. Of the appurtenances. De pignore surrepto forti actio. An action to recovei a pledge stolen. De placito transgressionis. Of a plea of trespass. De placito transgressionis et contemptus, contra formam statuti. Of a plea of trespass and contempt against the form of the statute. De plagis et mahemio. " Of wounds and mai- hems." Maihem is the injuring a limb, or other member of the body, which would incapacitate a person in fight ; and a greater punishment than for a commoil wound, was inflicted, by the old law, for this offence. De pleine age. Of full age. LAW GLOSSARY. 125 De ponendo sigillum ad exceptionem. Writ for put- ting a seal to an exception. De ponte reparando. Of repairing a bridge. Depopulatio agrorum. The depopulatiag (or lay- ing waste) of fields. De portibus maris. Concerning seaports. Depositum. " A deposit." A thing laid down : part of the price paid by way of earnest : a simple bailment. De praefato Qu. hsec verba dixit. ^He spoke these words concerning the said plaintiff. De prsefato querente existente fratre suo naturali. Of the said plaintiff being his natural brother. De prsesenti. — ^Of the present time. De probioribus, et potentioribus comitatus sui custodes pacis. Concerning the more worthy, and capable per- sons of his county (to be) keepers of the peace. De probioribus juratoribus. Of a better jury. De proprietate probanda. Of proving the right (to the property). De quadam portione decimarum. Of a certain portion of the tithes. De ques en ca. ^From which time until now. De questo suo. Of his own acquiring. De quodam ignoto. Of a certain person unknown. De quo jure ? By what right ? De quo, vel quibus, tenementa prsedicta tenentur ig- norant. They know not by what, or by whom the said tenements are held. De rationabile parte bonorem. Of a reasonable part of the goods. De rationabilibus divisis. ^Writ for settling reasona- 'ble boundaries between lands belonging to individuals of different townships, where a complaint of encroachment by one of the parties had been against the other. De receptamento. Of harboring. De recordo et processu mittendis. Writ of error. 126 LA-W GLOSSARY. , De re coronatore. Of the coroner's business. De re corporali, in personam, de propria manu, yel aliena, in alterius manum gratuita translatio, " A free transfer of a corporeal tMng, from person to person, by his own_ hand, or that of his attorney, into the hand (or possession) of another." [Alluding to the granting lands by feoffment, which was at one time the general mode of transferring real estate ; and this has its peculiar advantages. In some cases, by the English law, it bars an entail.] Vide Preston, &c. De recto clause. Concerning (a writ) of right close. De recto de advocatione. Writ of right of advowson. De recto de dote. Writ of right of dower. De recto deficisse. To be defective in right. De religiosis. " Of religious persons." The name of an ancient statute. ' De reparatione facienda. Of making reparation. De rescussu. A writ which lay where persons or cattle having been arrested or distrained, were recovered from those who took them. De retorno habendo. Of having a return (of cattle, &o., taken in distress.) Derivativa potestas non potest esse major primativ^. "A delegated (or derived power) cannot be greater than the original one." Thus, a person acting under a power of attorney, can exercise no further authority than ■his principal could have done had he been present. De salva gardia. Writ of safe guard. De sa vie. Of his or her life. De scaccario. Eelating to the exchequer. De scandalis magnatum. " Of the defamation of great men." . [An ancient statute so called, which enacted severe pun- ishment on the offenders.] Dksoendit itaque jus, quasi ponderosum, quid cadens deorsum recta linea, ct nunquam reascendit. Therefore LAW GLOSSAET. 127 « a right (or title) descends, like a heavy weight, falling downwards in a direct line, and never reascends. [This alludes to a man's dying intestate, whose grand- father or father could not succeed to the inheritance.] Descendit itaque jus quasi ponderosum quid cadens deorsum recta linea vel transversali, et nunquam reascen- dit ea via qua descendit : a latere tamen ascendit alicui propter defectum hseredum provenientium. Therefore a right (or title) descends like a heavy weight falling downwards in a direct or transverse line, and never reas- cends in a like manner ; yet collaterally it ascends to a person for want of succeeding heirs. Descriptio personarum. A description of persons. De se bene gerendo. For his good behavior. De secta ad furnam, ad torale, et ad omnia alia hu- jusmodi. " Concerning suit to the oven (or bake- house) ; to the malt-house ; and to all other matters of this kind." [These were services often obliged to be made by certain tenants of lords of the fee, in order that the profits might augment their rents.] De secta et ad molendinam, quam ad illam facere debet et solet. Concerning suit (or service) to the mill, which he owed, and was accustomed to perform there. De secunda superoneratione. Concerning surcharg- ing a second time. De seisina super disseisinam. " Of a seisin upon a disseisin, (or intrusion upon intrusion.") [This is when a person intrudes upon land, where the tenant himself was trespasser.] De servitiis et consuetudinibus. Of services and cus- toms. De servitio regis. Concerning the king's service. De scutagio habendo. An old writ which lay against tenants to compel them to serve in the king's army, or fur- nish a substitute, or pay escuage, that is money. 128 LA-WGLOSSART. Designatio personse vel personarum. ^A description of tlie person or persons. Designatio unius persona est exclusio alterius. ^The nomination (or appointment) of one person is an exclusion of another. Desiit esse miles seculi, qni factus est nules Christi ; neo beneficium pertinet ad eum qui non debet gerere offi- cium. ^He ceased to be a knigbt (or a soldier) of this ■world, who was made a soldier of Christ ; nor does any benefit belong to him who was not obliged to perform a duty. Vide note. De similibus idem est judicandum. " Of like things, (in like cases) the judgment is to be the same." De sociorum qualitatibus. Of the qualifications of the Fellows. De son don. Of his gift. De son tort. " Of his own wrong." This was part of a plea very similar to son assault demesne. De son tort demesne, sans telle cause. Of his own wrong, without such cause. De sormes. From henceforth. Desoubs, dessous. Under. Desouth le petit seale ; ne issera desormes nul briefe que touch le comon ley. Eespecting the petit seal ; no writ or process shallhenceforward.be issued which concerns the common law. De special! gratis. Of special favor. De sturgione observetur, quod Eex iUum habebit inte- grum : de balsena vero snfficit si Eex habeat caput, et regi- na caudam. "As to the sturgeon, it may be observed that the king shall have it whole ; but of the whale it is sufficient, if the king have the head and the queen the taU." [The sturgeon, when chanced to be caught in the Ung- lish rivers, belongs to the king, who gives the fisherman a fee for his trouble, often more than its value.] LAW" GLOSSARY. 129 De successionibus apud Hebrseos. Concerning the rigbt of succession among the Jews. De superonoratione forestariorum, et aliorum ministrorum forestse ; et de eorum oppressionibus populo regis illatis. Concerning the overburthening the foresters, and other ser- vants of the forest, and of their oppressions brought on the king's subjects. De sylva csedua. " Of cuttable underwood." Sylva coedua, means underwood, or wood cut at certain short pe- riods of years ; and therefore subject to tithe. De tallagio non concedendo. Of refusing a taUiage (or subsidy). De tempore cujus contrarium memoria hominum non existit. " From time whereof the memory of man does not exist to the contrary." De tempore in tempus. From time to time. De termino Hilarii. Of Hilary term. De termino Sancti Michaelis. Of Michaelmas term. De termino Trinitatis. Of Trinity term. De terra sancta. Of the Holy land. De terris acquisitis, et acquirendis. Of lands acquired, and to be acquired. De terris mensurandis. Of lands to be admeasured. De theolonio. Writ of toll. Detinet. He keeps ; he detains. Detinuit. He has detained. De transverso. On the other side. Deteimentum quod vehendis mercibus accidit, ut fluxus viui, frumenti corruptio, mercium in tempestatibus ejectio ; quia adduntur vecturse sumptus, et necessariss alias impen- sse. Which is an injury happening to the carrying of merchandise, as the leakage of wine, the spoilage of grain, or throwing out goods in a storm ; because these things in- crease the expense of the carriage, and other necessaiy charges. De troifl puissances, dont nous avons parl^, ceUe des 130 LAW GLOSSAET. juges est en quelque facon miHe. Of tlie three powers of -wliicli -we have spoken, that of the judiciary is in some respects the greatest. De ulterioribus damnis. Of further damages. De ultima presentatione. Of the last presentation (to a Church Living). De ultra mare. Of (the matter) beyond sea. De una domo, et de uno pomario. Of one house and one orchard. De una mediatate. Of one moiety. De uno messuagio, sive tenemento. Of one messuage or tenement. De uxore abducta, cum bonis viri. Of the wife taken away, with the husband's property. Devastavit. He wasted. Devastavit, nolens volens. He wantonly committed waste. De vasto facto. Of waste committed. De vasto facto, et quod vastum prsedict' A. fecit. Of waste committed, and which was done by the said A. De verbo in verbum. Word for word. Devenio vester homo. " I become your man." Part of the ancient homage. De ventre inspiciendo. "Of examining the abdo- men." [This is the name of a writ sometimes issued by the presumptive heir at law, requiring the sheriff to summon a jury of matrons, and a jury of men (twelve of each) to inquire if the widow is pregnant or not. The matrons examine the widow, and report to the male part of the jury — the inquisition is then signed by the sheriff and the twelve male jurors, and returned to the Court of Chan- cery.] Yide "Ventre inspiciendo.'" 1)e veritate ponunt se super patriam pro defectu sectse, vel alterius probationis quam ad manum non habuerint. . " Of the truth of which they put themselves upon LAW GLOSSARY. 131 the country for want of suit, or other proof, -whicli ttey have not at hand." The words of JBracion when neither party had proof in the suit. De vicineto. From the neighborhood. De viridi et venatione. " Of vert and hunting." Or of the green herbage or foliage, and of hunting (deer). Devisavit vel non. Whether he devised or not. De vita hominis nulla cunctatio longa est. No delay is too long when a man's life is in jeopardy. De warrantia chartse. "Concerning the wairranty of the deed (or grant)." There was formerly a writ so called. De advocare. To abandon the advocacy of a cause. De afforest. To discharge from the forest law. Dealbaee. To whiten. A term used in old Eng- lish law to express the converting of base money in which rents were paid into silver (while money). Debassa. ^Downwards. Deca, decea, decha. On this side. Decanatus. A deanery. Decanus. A dean. An of&cer having charge over ten. A term applied to civil and military officers as well as to ecclesiastical. Decanus friborgi. An officer among the Saxons having supervision over a friborg or association of ten in- habitants. Decanus in majori ecclesise. Dean of a cathedral church. Decies tantum. Ten times as much. Decoctok. ^A term in Eoman law for bankrupt, spendthrift. Decreet absolvitor. In Scotch law. The decree ac- quitting a defendant. Decreet arbitral. In Scotch law. The award of arbitrators. Deouria, or decenna. In Saxon law. A tithing: consisting of ten fVeeholders and their families. 132 LATVGLOSSAET. "Degvrim. ^In old European law. Marks made upon trees to designate the botuidary lines. Decueio. ^A provincial senator. Dedi et concessi.' 1 have given and granted. Words of conveyance made use of in old charters and deeds of grant, Deemstee. An officer in the Isle of Man who acted as judge. DefensI. ^In old English law. A place fenced in for deer, and defended for that peculiar use. Desfontaines. The name of the oldest law writer in France. Pierre Desfontaines published, in 1253, his work on the French law of custom. Defoeoe. To keep from another, unlawfally, his freehold. Defuee. To run away. Defustaee To beat with a club. Degueepts. Abandoned. Dei judicium. The judgment of God. Deins. ^Within. Delict. ^A misdemeanor. Dembns.' One who has lost his mind. Demesne. Lands which a man held of himself, and had immediate control of, as distinguished from that held of a superior lord. Demi-maek. ^An old Enghsh coin of the value of six shillings and eightpence. Demi-VILL. One of the smallest of the ancient divis- ions of England, comprising only five freemen, with their families. Demolliee. To demolish. Denarii. ^Any kind of ready money. Denarius dei. (In old English law) God's penny. A small coin given by parties to bind a contract between them ; and so called, because it was given to God, that is, to the church. LAW GLOSSARY. J33 Denarius tertius comitatus. The third part of the fines of the county courts, and which belonged to the earl as his official due. Debohief, derechief, derichefs. Again, moreover. Desblemy. Unblemished. Destruebe. To destroy. Detaikee. The withholding from another the pos- session of his lands or goods. Devisavit vel non? ^Did he devise or not? Dexteam dare. " To give the right hand :" to close a bargain. DiCA. ^In old English law. Marks or notches for accounts. DiCEBATUR fregisse juramentum regis juratum. ^He was said to have broken the king's oath, (or the oath which the king had sworn to.) DiciTUR purprestura qaando ahquid super dominum re- gem injuste occupatur ut, &c., vel viis publicis obstructis. "It is called a purpresture when anything is unjustly held against the king, as, &o., or by obstructions in the highways." [The word purpresture is derived from the Fr. pour- pris, and means anything done to the injury of the king's demesne, or the highways, &c., by inclosures or buildings, by endeavoring to make that private which ought to be public^ Vide Glanv., lib. 9. c. 11, i. Inst. 38. 272. DicOLONNA. A term used in Italian law. It is a contract made between the owner of a vessel and the cap- tain and sailors, that the voyage shall be for their mutual benefit. The whaling ships of New England are regulated by this species of contract. DicuNTUR liberi. They are called freemen. Die intromissionis de colleetione et levatione. On the day of entry, collection and levying. Diem clausit extreinum. " He closed the last day." 134: LAW GLOSSAET. The name of a writ whicli precluded the defendant from redeeming his property. Dies amoris. The days of grace : the Essoin days. Dies communis in banco. *The common (or usual) day in bank. . Dies consilii. " The day of Imparlance ;" also a day appointed to argue a demurrer. Dies datus. " The given day." The day or time for the defendant or tenant's answer. Dies datus prece partium. ^A day given at the re- quest of the parties. Dies Dominicus non est dies juridicus. The Lord's Day is not a day for legal proceedings. Vide note. Dies fasti et nefasti. " Lucky and unlucky days." [The Romans accounted certain days inauspicious, where- in no law matters were heard, nor any assemblies of the people held.] Vide note. Dies fasti, in quibus licebat Prcetori fari tria verba, "Do, Dice, ABDico." Lucky (or propitious) days, in which it was lawful for the Prastor to speak three words, " I give judgment, I PRONOUNCE THE LAW, I CON- DEMN." Dies in banco. " Days in bank." Days on which the courts sit to hear motions in arrest of judgment ; for new trials, &c. Dies juridicus. A Court Day. Dies marchiae. ^In old English law. A day appoint- ed by the English and Scotch to meet on the marches or borders to settle all disagreements and to preserve the con- tract of peace. Dies non juridicus. " Not a Court Day." Sometimes meaning a day on which business is transacted by the Judges at Chambers. DiETA. A day's journey. A day's work. Dieu son acte.' God's act. Dignitatem istam nacta sunt ut villis sylvis et sedibus LAW GLOSSARY. 135 aliisque prsediis comparentur ; quod solidiora.mobilia ipsis sedibus ex destinatione patrisfamilias cohterere videantur, ex pro parte ipsarum sedium sestimentur. They have obtained that dignity -which may be imparted to villages, woods, and houses, and to other estates ; but the more solid movables seem to belong to the house itself, accord- ing to the determination of the householder, and are con- sidered as part of the edifice. DiLATiONES in lege sunt odiosse. Delays in law are odious. DiMiDlETAS. ^In old English law. One half DiMisi, concessi, et ad firmam tradidi. 1 have de- mised, granted, and to farm let. DiPTTCHA. Tablets of metal, wood or other sub- stances, in use among the Romans for writing purposes, and folded like a book of two leaves. They were more particularly used for public and church registers. DiSBOCATio. ^Anciently a conversion of wood lands into pastures. Discontinuance nihil aliud quam intermittere, desenes- cere, interrumpere. ^Discontinuance is nothing else than to intermit, to abate, to interrupt. DiscooPERTA. Uncovered. DiSGAVEL. (See Gavelkind.) DiSMES. ^Another name for tithes. DisPAEATA non debent jungi. Things unlike ought not to be joined. DiSPUTARE de principah judicio non oportet ; sacrilegii enim instar est, dubitare an is dignus sit quern elegerit Im- perator. It is improper to dispute the chief judgment ; for it is like sacrilege to doubt his capability, whom the Emperor has chosen. DiSRATioNARE. To provc ; to establish a charge. [Bracton employs it in this sense. Example : et quod fecit hoc — offert se disrationare versus eum ; — and that he did this — ^he offers himself to deraign (or prove) against him.J 136 LAW GLOSSARY. Disseizin. The ouster of a tenant from possession. ■ Disseizor. A Disseizor : an Intruder or Trespasser : one who turns the tenant out of possession. ' DlSTiNGtrE ; aut merces fuerunt sestimatse pro certa quan- titate tempore contractus assecurationis, et tunc non sumus in dubio, quia dicta quantitas aestimata solvenda est ; aut assecuratio fait facta pro asportandis mercibus salvis So- man, et tunc sestimatio inspicienda est Bomce. Aut assecu- ratio fiiit facta simpliciter, de solvendo sestimationem seu valorum mercium, in casu periculi, si navis perierit, et tunc inspici debet tempus obligationis ; et prout tunc valebant, debet fieri sestimatio, et sic damnum quod assecuratus pa- titur in amissione rei, non lucrum faciendum consideratur ; lucrum non spectatur. Mark ; either the goods were estimated at a certain quantity at the time of the assurer's contract, and in such case we are in no doubt, because the said estimated quantity is to be paid for ; either the in- surance was made for the carriage of goods safely to Rome, and then the valuation should be inquired into at Bame ; or the assurance was made simply as to payment of the valuation or worth of the goods, in case of danger, if the vessel be lost, and then the time of the obligation (or con- tract) is to be inquired into ; and as the goods may be then valued, the estimation sbould be made, and thus the injury which the assured suffers for the loss of the commodity, not the profit whicli is made, should be considered, nor re- gard had to the advantage (which arises). Distrain. To bind or coerce. DiSTRiOTio.' ^A distress : a distraint. Distringas. That you distrain. Distringas ad infinitum.' That you distrain without limit. Distringas juratorum corpora. That you distrain the bodies of tbe jurors. Distringas nuper vice comitem. That you distrain the late sheriff. LAW GLOSSARY. 137 Distringas per acras et catalla. That you distrain by his acres (or lands) and cattle. Distringas 'tenere curiam. That you distrain to hold the court. DiSTBiNXERUNT abbatum et homines suos, &c. They bound the Abbot and his servants (by recognizance). Di0 amisimus vera vocabula rerum. ^We have a long time lost the true names of things. DiVERSA bona et catalla ipsius querentis ibidem in- ventse. Divers goods and chattels of the plaintiff there found. DrvEESiBiLis in semper divisibilia. A thing divisi- ble may be forever divided. DiVEESiE des courtes. The difference of the courts. DiVERSis diebus ac vicibus. On several days and times. DiVERSO intuitu. By a retrospective view. DrviNA providentia, Terram Wallioe, prius nobis jure feodali subjectam, jam in proprietatis nostras dominium convertit, et coronam Eegni Anglise, tanquam partem cor- poris ejusdem, annexuit et univit. At this period by Divine permission, he appropriated Wales, which before was subject to us by the law of fealty, into a seigniory be- longing to us, and as a part of our possession, and annexed it to the crown of the King of England. DivisiORES. Persons among the Homans, who divided money among the people at elections, were called "Divi- sioresJ" DivisUM imperium. A divided empire : an alternate jurisdiction. DivoETiuM sine causa, vel sine ulla querela. -A di- vorce without cause, or any complaint. " Divus Hardrianus rescripsit eum, qui stuprum sibi, vel suis inferentem, occidit, dimittendum. The divine Ha- drian discharged him who killed a person attempting to violate the chastity of himself, or any of his family. 138 LAW GLOSSARY. DoARiUM. In the early law of France signifies dow- er, or a widow's portion of her husband's property. Doctor legum mox a doctoratu dabit operam legibus Anglice ; ut non sit imperitus earum legum quas habet sua patria ; et differentias exteri patriique juris noscat. A Doctor of Laws, after his degree, shall apply himself to the laws of England; that he be skilled in those laws, which appertain to his own country; and may know the distinction between the foreign and the national law. Dog-draw. ^Pursuing or drawing after a deer with a dog. DoiGNB. 1 give. DoiTKiN, DoTKEsr, DoDKiN. A foreign coin of small value. DoLi capax. " Capable of mischief." Having knowl- edge of right and wrong. DoLi incapax. Incapable of fraud. DoLiUM. A tun, or ton. Dolus. A trick used to deceive some one. Dolus versatus in generalibus. Fraud lurks in loose generalities. DOMBEO — or Domebec. A book of local English cus- toms, &c. Vide note. DoMESCHE. ^Domestic. Domesday — or Domesday Book. A Book, showing the tenures, &c., of most of the lands in England, in the time of William the Conqueror. Vide note. DoMESMEN. ^Persons appointed to doom, to pronounce judgment in differences. DoMiNA. A lady. DoMiNicuM. The demesne : the absolute ownership or inheritance. Vide Allodum. Dominium a possessione cepisse dicitur. ^Eight is said to have its beginning from possession. Dominium directum et absolutum. " The direct and LAW GLOSSARY. 139 absolute dominion." The Seigniory or Lordship in llie land. Vide note to Allodum. Dominium utile. The beneficial ownership, or prop- erty in the land. DoMiNUS capitalis feodi, loco hseredia habetur, quoties per defectum vel delictum extinguitur sanguis tenentis. The Chief Lord of the fee stands in the place of the heir, ■when the blood of the tenant becomes extinct by death or offence. DoMiNtrs ligius. Liege lord. DoMiNUS non concessit.' The Lord did not grant, or demise. DoMiNUS pro tempore. The temporary owner. DoMiNUS rerum non apparet. The owner of the goods does not appear. DoMiT^ naturae. Of a tame nature. DoM.' proc' — ■ — An abbreviation of Domo Procerum. " In the House of Lords." DoMUS conversorum. Anciently, a house established by Henry 3d., for the benefit of converted Jews. DoMUS mansionalis Dei. The mansion-house of God. DoNA clandestina sunt semper suspiciosa. " Clandes- tine (or private) gifts are always suspicious." " Timeo Danaos et dona ferentes." I fear the Greeks with presents in their hands. Donatio. A gift ; a donation. Vide note. Donatio feudi. The donation (or grant) of a fee. Donatio inter vivos. A gift among living persons. Donatio mortis causa. A gift in prospect of death. DoNATlONES sint stricti juris, ne quis plus donasse pre- sumatur, quam in donatione expresserit. "Donations are of strict right, that no one be presumed to have given more than he expressed in the gift." With respect to grants the case is different. Donatio perficitur possessione accipientis. A gift is rendered complete by the possession of the receiver. 140 LAWGLOSSARY. Donatio stricta. ■'" A precise or peculiar gift." One which passes no more than is plainly, expressed. Donatio stricta et coarctata, sicut certis hseredibus, qui- busdam a successione exclusis. A donation exact and restrained respecting certain heirs, some being excluded from succession. DoNEC terras faerint commune.— — "Whilst lands were in <5ommon. DoNi rationabilis. Of a reasonable gift. DoNUM gratuitum. -A free gift. DoEMiT aliquando jus moritur nunquam. ^ A right sometimes sleeps, but never dies. Dos.^ Dower : Money or other property given or set- tled on a marriage. Vide note. Dos de dote peti non debet. ^Dower ought not to be sought for out of dower. Dos rationabilis. A reasonable (fair) dower. Do tali tantam terram in villa tali, pro homagio, et ser- vitio suo, habendimi et tenendum eidem tali et hseredibus suis, de me et hseredibus meis, tantum, pro omni servitio, et consuetudine seculari, et demanda ; et ego, et hseredes mei warrantizabimus, acquietabimus, et defendemus in perpetuam predictam, tali, et hseredes sues versus omnes gentes per prsedictum servitium, &c. ^I give to such a person so much land, in such a village, for his homage and service, to have and to hold to him and his heirs, of me and my heirs, only, for all service, worldly custom and demands; and I and my heirs will warrant, acquit, and forever defend the same estate to him and his heirs against all persons for the aforesaid service, &c, [These were part of the words used in deeds made during the feudal system.] DoTALlTli; et trientis ex bonis mobilibus yiri. Of dower ; .and a third part of the husband's goods. DoTEM non uxor marito, sed uxori maritus affert : inter- sunt parentes et propinqui, et munera probant. " A wife LAW GLOSSARY, 141 does not bring dower to the Imsband ; but the husband to the wife:, the parents and relations are present and ap- prove the gifts." [Sir Martin Wright informs ns that " dower was proba- bly introduced into England by the Normans as a branch of their doctrines of fiefs or tenures;" but how dower could assist the feudal system of tenures of land is a little mysterious.] DoTEM unde nihil habet. From which she has no dower. Do tibi terram si Titius voluerit: si navis venerit ex Asia: si Titivs venerit ex Jerusalem: si mihi decem aureos dederit: si caelum digito tetigeris. — ^"I give you the land if Titius please : if the ship arrive from Asia : if Titius come firom Jerusalem: if he give me ten pieces of gold: if you touch the sky with your finger." [Such words as these constituted what were called con- ditional grants : wherein the fee was in abeyance till the event happened.] DoTissA. A dowager. DouNT. Prom whence. Do ut des, do ut facias, facio ut des, facio ut facias. ■ I give that you may give — ^I give that you may per- form — I perform that you may give — I do that you may perform. Dower ad ostium ecclesise. Anciently, a species of dower, where a man, after being affianced to his wife, en- dowed her with the whole or part of his lands. DowET. The property a wife brings her husband in marriage. Doz., dozime, dozine. Twelve. Drawlatches. Anciently, thieves. Drift- WAY. Path used for driving cattle. Deinolean.- Saxon word. Offerings from the tenants to provide ale, etc., for the entertainment of the lord or his steward. 142 LAWGLOSSAET. Drofdene. From the Saxon. A grove ia wliicli cattle were kept. Droit d' aubaine. The King's right of escheat of an alien's property. Vide nok. Droit de bris. ^In ancient times. A right which the lords living on the coast of France claimed to persons and property shipwrecked, and which were confiscated to their benefit. Droit des gens. ^The law of nations. Droit — droit. A twofold, or double right. Droit patent. A patent right. Droiture. Justice. Drungarius. ^A military commander. Dry exchange. An expression formerly in use in English law intended to conceal the act of usury. Dry multures. In Scotch law. A supply of corn paid to a mill, no matter whether the one who pays grind or not. DuAS uxores eadem tempore habere non licet. It is not lawful to have two wives at the same time. Duces ex virtute sumunt. Dukes (or leaders) receive (their honors) from their virtue (or renown). Duces tecum. " That you bring with you." [A subpoena so called when the person is commanded to produce books, papers, &c., to the court and jury.] Duces tecum languidum. That you bring the sick person with you. " DuLCiA defects modulatur carmina linga), Cantator cygnus, funeris ipse sui." " The dying swan will with his latest breath, Chaunt sweetest strains, and sing himself to death." DuM bene se gesserit. As long as he conducted him- self well. DuM deliberamus quando incipiendum, incipere jam se- rttm fit. Whilst we consider when to begin, it is too late to act. LAW GLOSSARY. 143 DuM fervet opus. While the business is in agitation. DuM fuit infra setatem. Whilst (he or she) was under age. DuM fuit in prisona. " While he was in prison." DuM fuit non compus mentis. Whilst he (or she) was of unsound mind. DuMMODA. A term in ancient conveyances signifying limitation. DuM recens fuit maleficium. Whilst the injury was fresh. DcM sola et casta. Whilst she was single and chaste. DuM sola et casta vixerit. WhUst she may have lived chaste and unmarried. DuM tacet, clamat. He claims though he be silent. DuK. A small hill. DuODENi legales homines, quorum, sex Walli, et sex Angli erunt; Anglis et Wallis jus dicunto. Let twelve lawful men, of whom six shall be Welch, and six English, declare the law to the English and Welch. Duo pene millia liborum esse conscripta, et plus quam tricentena decem millia versuum a veteribus effusa. ■ " It was written in nearly two thousand volumes, and dif- fused in more than three millions of ancient fragments." [Trihonian complained to Justinian of the multiplicity of law books, when directed to compose his great work on Roman jurisprudence, and it would appear from this extract that he had good reason.] Duplex querula. A double plea or plaint. DuPLiCEM valorem maritagii. Double the value of the marriage. Vide Maritagium. DupONDius. Two pounds. Durante absentia. During absence. Durante bene placito. " During our good pleasure." [By this tenure the English ^yxAges once held their seats, at the will of the Sovereign — they now hold them " Quam- diu bene se gesserint" 144 LAW GLOSSABT. Durante itinere. ^Duiing the voyage, or joumej. DuEANTE minori £etate. ^During minority. DuEANTE viduitate. During widowhood. DuEANTE vita. During life. DuEESS per minas. ^Imprisonment (or compulsion) by threats. DuESLEGi. In ancient European law. Blows without any blood or wounds, otherwise called dry blows. DuscENS. From the French. Two hundred. DusKES a chou qe. Until that. Duz. One who leads. Dy. Just. Dtent. They say. Dysnomy. The making of bad laws. NOTES TO D. Daeb JiTDioroir. — ^The manner and circumstances of giving judgment among the Romans '-wera peculiar. TJie pleadings being ended, {causd uirinque peroratd,) judgment was given after mid-day, according to the law of the Twelve Tables, although only one of the parties might be in court. Vide Gell. xvii. 2. If there were any difficulty in the case the judge some- times took time to consider it, diem diffindi, i. e. differri jussit, ut amplius deliheraret, i. e. he commanded it to be postponed, that he might more par- ticularly dehberate. If, after all, he remained uncertain, he said (dixit vel jwavit, i. e. he said or swore) "MM non liquet," i. e. I am not clear. Vide Gell. xiV. 2. And thus the affair was either left undetermined, (injudicata,) or the cause was again resumed, {secunda actio insiituta est,) i. e. a second action was commenced. Cic. Gcecin. 2. If there were several judges, judg- ment was given according to the opinion of the majority ; but it is said to have been necessary that they should be all present. If their opmions were equal, it was left to the Prcetor to determine. The judge commonly retired, (secessit,) with his assessors, to deliberate on the caae, and pro- nounced judgment according to their opinion, ex consilii sententia, i. e. by sentence agreeably to the opinion. Flin. Ep. v. et vi. The sentence was variously expressed: in an action for freedom thus, "videiri hunc Tiominem literum," i. e. it appears to me that this man is free: in an action for iajmies," videri jure fecisse, vel non fecisse," i. e. it appeara to have been dbne lawfully, or unlawfully : in an action of contract, if the cause was given in the plaintiff's favor, " Titium Seio cewtv/m condemno," i. e. I adjudge Titius (to pay) one hundred (asses) to Seius ; if in favor of the defendant, " Secimdwm illv/m litem DO," i. e. I pronounce for the defendant, Vai. Mao:. iL 8, 2. Deoemviel — The laws of Rome, as of all other ancient nations, were, at first, very few and simple. Vide Tao. Ann. iii. 26. As luxury and wealth increased, penal laws multipUod. It has been remarked that among tha LAW GLOSSARY. 145 citizens of a refined community, penal laws whioh are in the handa of the rich, are too apt to be laid on the poor; and as nations grow in years, tlicy seem to acquire tlie moroseness of old age. Tlie depraved will continually discover new modes of evading every law, and thus the multiplication of laws produces new vices, and new vices call for fresh restraints : it were to be wished, that instead of contriving new laws to punish vice ; instead of drawing hard the cords of society till u. convulsion comes to burst them ; instead of converting correction into vengeance, that legislators would always endeavor to mal^e laws the protector, and not the tyrant of the people. By the extension of education and morahty, we should then find that many thousands of miserable souls, at present the subject of the law's vengeance, only wanted the hands of the refiner, and tliat many a youth, cut off in the spring of life, might, by the laws of prevention, have become a use- ful member of society. Experience has incontestably proved that early morals and education prevent more crimes than tlie ingenuity of man can devise. These reflections may not appear misplaced if we consider the many oppressions exercised by the Roman magistrates under the sanction of miA- iipUed penal laws, which,, in fact, are getting into fashion with us, and some of them restrict the amusements of the community, often when they are harmless and inoffensive ; and youth being deprived of these, arc led into secret vices and follies. It is supposed that there was not for some time at Eome any written law, {nihil scripti juris;) differences were determined by the pleasure of the kings, (regwm arUirio;) according to the principles of natural equity, (ex aequo et lono,) i. e. agreeably to what is right and just. Senec. Ep. 90. And their decisions were held as laws. Dion. x. The kings used to pub- lish their commands either by placing them up in pubhc, or on a white wall or tablet, ( in album relata proponere in publico,) i. e. placed in a public situa- tion and reported on a tablet or white wall, Liv. i. 32, or by a herald. lb. 44. Hence, they were said omnia manu gubernare, i. e. to govern all things at their pleasure. Pompon, lib. 2, § 3, &c. The king, however, in everything of importance, consulted the senate, and likewise the people. Hence we read of the "Leges curiatce," i. e. the court laws, of Romulus and of the other kings, which were also called " Leges regioe," i. e. royal laws. Liv. vi. But the chief legislator was Servius TiMius, Tac. Ann, in. 26, all of whose laws, however, were abolished at once, (unn edicto sublaice,) i. o. removed by one act, by Tarquinus Superbus. Vide Dionys. iv. 43. After .he expulsion of Targuin, the institutions of the kings were observed, not as jrrittea laws, but as customs, {tanquam mores majorv/m,) i. c. according to tlie customs of their ancestors ; and the Consuls determined most causes, as the kings had done, according to their pleasure. But justice being thus ex- tremely uncertain, as depending upon the will of an individual, (in unius voluntale positum,) i. e. placed rathe power of a single person, Cic. Fam. xi. 16. C. Terentius Arsa, a, tribune of the Commons, proposed to the people that a body of laws should be drawn up, to which all should be obliged to conform, (quo omnes uii deberent,) i. e. which all should use. But this was violently opposed by the Patricians, in whom the whole justiciary power was vested ; and to whom the knowledge of the few laws which then ex- isted were confined. Ijiv. iii. 9. At last, however, it was determined, A. U. 299, by a decree of the senate, and by tlie order of the people, that three ambassadors should be sent to Athens to copy the famous laws of Solon ; and to examine the customs, institutious and laws of the other states of Greece. Ldv. iii. 31. Plin. jure gentium ejusmodi nuptias agnoscere, et ratas habere. Multoque magis statuendem est eos contra jus gentium facere videri, qui civibus alieni imperii sua facili- tate jus patriis legibus contrarium scienter violenter imper- tiunt. Therefore I consider that this thing clearly tends to the overthrow of our law, and on that account the mag- istrates are not to acknowledge by the law of nations the obligations of such marriages, and to confirm them. And much more is it to be resolved, that those who appear to do these things, act contrary to the law of nations, as know- ingly and rashly bestowing (marriage ceremonies) with such facility on the citizens of another dominion, contrary to the laws of their own country. Eriach. In Irish law, the pecuniary satisfaction which a murderer was obliged to make to the friends of the murdered. Erigimus. — -We erect. Error fucatus nuda veritate in multis est probabilior ; et ssepenumero rationibus vincit veritatem error. Error artfully disguised is, in many cases, more probable than naked truth ; and frequently error overwhelms truth by its show of reasons. Error qui non resistitur approbatur. An error which is not resisted, is approved. Eruditus in lege. " Learned in the law." A coun- sel. ESBEANCATURA. A Cutting off the branches of trees. EscaiTA. An escheat. EsCAMBiUM. Exchange. EacHAPER. To escape. LAW GLOSSARY. 163 Escheat. The reverting of lands to the state upon the death of the owner without heirs. American law, Kent's Commentaries. EscHiER. To fall to. EscHUER. To eschew. EsGOTER. To pay. EscRiE. Notorious. Escrow. A deed or writing left with another, to be delivered on the performance of something specified. EscTJ. A shield or buckler. EscuAGE. " Scutage — Knight's service." One of the ancient tenures of land. EsKiPPAMENTUM. ^lu old English law, tackle of ships. EsKlPPER. To ship. EsLisoR. Elector. EsPLBES. Full profits of land. EssART. Woodland turned to tillage. Esse optime constitutam rempublicam, qu» ex tribua generibus illis, regali, optimo, et populari, sit modice confusa. That government is best constituted, which is moder- ately blended with these three general things, the regal, aristocratic, and the democratic (orders). EssENDi quietum de theolonio. A writ of exemption from toll, EssoiNER. To excuse. EssoiNDAT. The first general day of the term when the courts anciently sat to receive essoins or excuses, for parties not present, who had been summoned to appear. Est autem magna assiza regale quoddam beneficium, de- mentia principis, de concilio procerum, populis indultum ; quo vit£e hominum, et status integritatis tarn salubriter consulitur, ut, retinendo quod quis possidet in libero tene- mento suo, duelli casum declinare possint homines ambigu- um. Ac per hoc continget, insperatse et prematurae mor- tis ultimum evadere supplicium, vel saltem perennis in- fatniffi opprobrium illius infesti et inverecundi verhi, quod 164 LAW GLOSSABT., in ore victi turpiter sonat consecutiyum. Ex equitate item maxima prodita est legalis ista institutio. Jus enim, quod post multas et longas dilationes vix evincitur per duellum, per beneficium istius constitationis commodius et accelera- tius expeditur. " For the great assize is a certain royal benefit granted to tbe people by the clemency of the prince, with the advice of the great men ; by which the lives of persons, and the state of their condition, are so wholesomely consulted, that, retaining what each possesses in his own freehold, men may decline the doubtful chance of single combat. And in this manner it happens that they may avoid the ultimate punishment of an unexpected and premature death ; or, at least, the disgrace of the en- during reproach of that odious and shameful word, which sounds dishonorably upon the lips of the vanquished. Therefore, from the greatest equity was that legal iustitu- tion framed. For the right, which, after many long delays, could scarcely be shown by single combat, by the benefit of this institution, is more advantageously and speedily de- cided." [The author of this extract is here speaking of the hor- rible trial of the right to land, by Singh Comhat, the parti- culars of which are found in Black. Comm. The odious word above referred to, which the vanquished uttered, was " Craven" upon which it was decided that he had lost his cause. The word Craven is even now used in many parts of England, and means " a Ooward."'\ Vide note. Est boni judicis ampliare jurisdictionem. It is the part of a good judge to extend the jurisdiction. Est enim ad vindicanda furta nimis atrox, nee tamen ad refrenanda sufficiens ; quippe neque fortum simplex tam ingens facinus est, ut capite debeat plecti ; neque ulla poena est tanta, ut ab latrociniis cohibeat eos qui nullam aliam artem quserendi victus habent. (The law) is certainly too severe in punishing thefts, nor yet is it sufficient to re- strain them, for surely a simple theft is not so heinous an LAW GLOSSARY. 165 offence as to merit a capital punisbment ; nor is any pun- ishment so great that it can restrain those persons from committing robberies, who have no other mode of seeking ' a livelihood. EsTENDEE. To extend. EsTENTE. Extent. EsTERLiNG, Sterling. English silver penny. Estoppel. " A stop :" a preventive plea. EsTOVEEiA sedificandi, ardendi, arandi, et clandendi. Estovers for building, burning, ploughing, and for inclos- ing. Estovers. "Wood cut from a farm by the tenant, which by the common law he has a right to use on. the es- tate for necessary purposes. Est quidem alia prsestatio, quae nominatur Heriettum ; ubi tenens, hber, vel servus, in morte sua, dominum suum, de quo tenuerit respicit, de mehori averio suo, vel de se- cundo meliori, secundem diversum locorum consuetudinem. Magis fit de gratia, quam de jure. " There is, however, another service, called Herriot service, where the tenant (whether) a freeman or vassal, considers that on his de- cease, the lord of whom he holds is entitled to the best beast, or the second best, according to the custom of dif- ferent places. It is done more out of favor than of right." [These Herriots are due, in many places in England, and are now generally compounded for by a pecuniary fine.] Esteeite. Straitened. EsTREPAMENTUM. Injury done by a tenant for hfe upon lands or woods. Est senatori necessarium novi rempublicam ; isque late patet ; genus hoc omne scientise, diligentiae, memorise est ; sine quo paratus esse senator nuUo pacto potest. It is necessary for a senator to be acquainted with the constitu- tion ; and this is a knowledge of an extensive nature ; one of science, diligence and reflection, without which a sena- tor cannot possibly be fit for his ofSce. Vide note. 166 LAW GLOSSARY. Et ad ea quse frequentius occurrunt. And respecting those things wHcli more frequently happen. Et adhuc detinet. And he still retains. Et ad omnia al' statut' contra decoctor' edit, et sic idem Johannes et JEleanora, vigore stat' prisdict' parliament' diet' dom' Eeginse nunc edit', dicunt quod causa action' prsedict' accrevit prasfat' Miles, antequam idem Johannes Williams devenit decoctor' ; et hoc parat' sunt verificare ; nnde pet' jud' si prsedict' Miles action', &c. ^And against all the other statutes made against bankrupts, and therefore the same John and Eleanor by force of the aforesaid statutes now passed in the said Parliament of our said lady the Queen, say that the cause of the said action accrued to the aforesaid Miles, before the said John Williams became a bankrupt; and this they are ready to prove, wherefore they pray judgment of the said Miles (should maintain) his action, &c. Et alii non venerunt, ideo respectuentur. And the others do not appear, therefore they are respited. Et cum duo jura in una persona concnrr', sequam est ac si essent in diversis. And when two rights blend to- gether in one person, this is equitable, although they were (derived) from several sources. Et curia consentiente. And the court agreeing. Et damna, et quicquid quod ipse defendere debet, et dicit, &c. And the damages, and whatever he should defend, and says, &c. Et de hoc ponit se super patriam. ^And of this he puts himself upon the country. Et de jure hospitalis. And concerning the law of the hospital. Et dona claud' sunt semp' suspiciosa. And private gifts are always suspicious. Et ego, et hseredes mei, &c., warrantizabimus. ^And I, and my heirs, &c., will warrant. Vide note. Et ejectione firmae. And in ejectment of farm. LAW GLOSSARY. 167 Et fait dit que le contraire avait estre fait devant ces lieures. And it was said that tlie contrary had been done in former times. Et gist touts temps deins I'an et jour. And it always lies within a year and a day. • Et hseredibus de came sua. And to the heirs of her body. Et hseredibus eorum communibus (vel) hseredibus ipsius uxoris tantum. And to their general heirs (or) to the heirs of the wife only. Et hoc paratus est verificare per recordum. " And this he is ready to verify by the record." [This was part of an ancient plea, where in support thereof the defendant appealed to the record.] Et hoc petit quod inquiratur per patriam. And this he prays may be inquired of by the country. Et hoc sequitur. And this follows. Etiam consentientibus. Likewise to those who agree. Etiamsi ad ilia, personse consueverint, et debuerint per electionem, aut quern vis alium modum, assumi. Al- though as to those matters, persons had been used, and ought to take them by election, or (by) some other mode. Et ideo dicuntur liberi. And therefore they are called (or declared to be) freemen. Et impotentia excusat legem. "And inability ex- cuses (or avoids) the law." [Thus, if a man enter into a bond that a ship shall sail to the East Indies on a specified day, and the ship be de- stroyed before that day by lightning, &c., the bond is void ; et sic de stmilihus.'] Et inde producit sectam. And thereupon he pro- duces suit. Et in majore summa continetur minus. And in the greater sum the less is included. 168 LAW GLOSSARY, Bt issint. And so. Et legitimo modo acquietatus.^ — And in a legal man- ner discliarged. Et lex plus laudatur, quando ratione probatur. And law is the more praiseworthy when it is approved bj reason. Et modo ad hunc diem venit. And in this manner he came to the day (or to the end). Et non ahbi.' And in no other place. Et omnes comites et barones una voce responderunt " Quod nolunt leges Anglice mutare, quse hucusque usitatse sunt et approbatEe." And all the Earls and Barons unanimously shouted "That they would not change the laws of England, which heretofore have been used and ap- proved." Et personaliter, libere, et debito modo resignavit. And he resigned in person, freely, and in due manner (or form). Et petit judicium de narratione ilia et quod narratio ilia cassetur. And he prays judgment of that declaration Tor count), and that the same may be quashed. Et petunt judicium de breve, et quod breve mud casse- tur. And they crave judgment concerning the writ, and that the same may be quashed. Et prsedictos cives a tempore prsedicti mandati Eegis eis directi majoribus districtionibus graverunt, &c. Erom the time of the said command of the King to them direct- ed, they burthened the said citizens with heavy fines (or distresses). Et preedictus A. B. similiter. " And the said A. B. (doth) the like. ' Et prsedictus quasrens in propria persona sua, venit, et dicit, quod ipse placitum suum prsed' versus prsed' defend- en, ulterius prosequi non vult ; sed ab inde omnino se re- traxit. And the said plaintiff in his proper person comes and says, that he will not farther prosecute his said suit LAW GLOSSARY. 169 against tte said defendant ; but from thence has altogether withdrawn himself Et probat Johannes de Evia, &c., quod hoc extendet in casu, quo merces fuerint deperditse, una cum navi, et certa pars ipsarum mercium postea salvata et recuperata ; tunc naulum deberi pro rata mercium, reouparatarum, et pro rata itineris usque ad locum, in quo casus adversus accide- rat, fundat, &c. And John of JEvia proves that this ex- tends to a case in which the goods were lost, together with the vessel, and that a certain part of these goods were sub- sequently recovered and saved ; then he proves that the freight is due, according to the proportion of the goods recovered, and the proportion of the journey (made) to- wards the place where the accident happened, &c. Et quia, per veredictum juratorum, invenitur quod prse- dictus Rohertus non habuit accessum ad predictam Beretri- cem per unam mensem ante mortem suam, per quod magis prsesumitur contra prsedictum Menricum. And because, by the verdict of the jury it is found that the said Robert had no access to the said Beretrice for one month prior to her death, by which it is the more fully presumed against the said Henry. Et quia prjedictus Johannes cognoscit dictam literam per se scriptam Roberto de Ferrers, &c. ^And because the said John knows that the said letter written by him to Roberto de Ferrers, &c. Et quod hujusmodi deputatus, &c. ^And for which purpose he was deputed, &c. Et quod non habet principium, non habet finem. And what hath not a beginning, hath no end. Et regali dignitate coronse regni Anglice perpetuis tem- poribus annexa, unita, et incorporata. And by the royal dignity, at all times, annexed to the crown, and the king- dom of England, sole and incorporate. Et respondere debet quousque, &o.^ And that he should answer until, &c. 170 LAW GLOSSAET. Et sciendum quod possessionum, qusedam nuda pedum positio, quae dicitur intrusio, et dicitur nuda, eo quod non vallatur aliquo vestimento, et minimum habet possessionis, et omnino nihil juris, et in parte habpt naturam disseisinse, et in quibusdam sunt dissimiles ; quia ubicunque est disseisi- na ibi quodammoda est intrusio, quantum ad dissertorem-, sed non e contrario, quia ubicunque est intrusio, ibi non est disseisina, propter vacuam possessionem. Et in utroque casu possessio est nuda, donee ex tempore et seisina pacifica acquiratur vestimentum. ^And be it known, that as to possessions, some being a (mere) naked foothold, which is called an intrusion, and said to be naked, because it is not clothed with any investiture, and has the least (kind) of pos- session, and altogether devoid of right, and has in part the nature of a disseisin, though in certain respects, dissimilar ; because wherever there is a disseisin, there is, after a cer- tain manner, an intrusion, so far as relates to the disseisor ; but not on the contrary, for wherever there is an intrusion, there is no disseisin, on account of the vacant possession. And in either case, the possession is naked, until, by time, and a peaceable possession, an investiture be ac- quired. Et scire feci W. S. filio hseredi predict' M. le Cognizor. And I have warned W. H. the son and heir of the aforesaid M. the Cognizor. Et semble. And it seems. Et sequitur aliquando poena capitalis ; aliquando per- petuum exilium, cum omnium bonorum ademptions. And sometimes a capital punishment follows ; sometimes perpetual exile, with confiscation of all the goods. Et sic de simiHbus. And so of the like (matters). Et sic ultra. And so on the other part : or on the contrary. Et sic vide que livery dun fait dun enfant nest semple al livery de terre ou biens per luy. And thus see that the delivery, which a person makes on the part of an in- LAW GLOSSARY. ' 171 fant, is not a simple delivery of lands or goods made by himself. Et si forte exceperint, quod non tenentur, sine brevi originali, respondere. And if by cbance they be taken, that they are not bound to answer without an original writ. Et si homo prist certain aubres, et puis el fait boards de eux, uncore le owner port eux reprender ; quia major pars substantias remanet. And if a man takes certain trees, and converts them into boards, the owner may take them again, because the principal part of the substance remains. Et si la nef etoit preste au fair voyage, elle ne doit pourt demeurrer pour ley ; et s'il querit, il doit avoir son loyer tout comptant, en *abutant les frais, si le maitre luy en afait. Et s'il meurt, sa femme et se prochains le doivent avour pour luy. And if the vessel be ready to proceed on the voyage, she should not wait for him ; and if he re- quire he should have all his wages paid him, after deduct- ing the expenses, if the master has been put to any ; and if he die, his wife and children should receive them in- stead of him. Et si navis in causa prsedicta mutaverit iter, vel cepit secundum viagium ; vel convenit asportare alias merces in alium locum ; vel alias assecurationes fecerit pro dicto secundo viagio, tunc in casibus prsedictis assecuratores pro primo viagio amplius non tenentur. Ita probat. And if a ship, in the case before mentioned, shall have changed her voyage ; or taken a second voyage ; or agreed to carry other goods to another place ; or made other insurances for the said second voyage, then, in the cases aforesaid, the assurers for the first voyage are no longer bound. — So it is proved. Etsi non prosunt singula, juncta juvant. Although individually the effect is wanting, yet collectively it is powerful. 172 ■ LAW GLOSSARY. Et si super totum, &c. And if upon the whole, &c. Et stet nomen universitatis. And the name of the corporation may stand. Et suis, post ipsum, jure haereditario perpetue possiden- dum.' And to them, after his decease, to be forever possessed by hereditary right. Et, traditio libro, legit ut clericus. " The book being delivered him, he reads like a clerk (or clergyman)." [This was a test formerly used when a criminal claimed the benefit of clergy, the book was delivered him, and if he could read in it, he was entitled to the privilege of clergy.] Et ubi eadeiii est ratio, idem est jus. And where the same is reason it is also law. i EUANGELIES. The evangelists. EuM qui noscentum infamat, non est sequum et bonnm ob eam rem condemnari ; delicta enim nocentium nota esse oportet et expedit. It is not just and right, on that ac- count, to condemn him who slanders a bad man ; for it is proper and expedient that the delinquencies of wicked men should be exposed. EuNDO, redeundo, et morando. In going, returning, and staying. EvEEWTK. York. EvESCHE. Diocese. Evesque. A bishop. EviCTUM perpetuum. A perpetual eviction ; or ouster of possession. EviDENTissiMis probationibus ostenditur testatorem mul- tiplicasse legatum voluisse. By the most evident proofe it was shown that the testator was desirous to increase the legacy. Ew. Marriage. Ewbeice. Marriage breach. Sax. EwA. Law. Old German and Saxon law. EwAGE. ToU paid for water passage. Ewe. — -Water. Ex abundanti cautela. From great (or abundant) cau- tion. LAW GLOSSARY. 173 Ex abusu non arguitur ad usum. No argument can be drawn from tlie abuse (of a thing) against its use. ExADONiAEE. To manumit. Ex asquo et bono. In justice and bonesty. Ex antecedentibus et consequentibus fit optima interpre* tatio. ^By wbat precedes and follows tbe surest interpre- tation is obtained. Ex arbitrio judicis; At tbe will of tbe judge. Ex assensu omnium tenentium. By tbe consent of all tbe tenants. Ex assensu patris. Witb tbe father's consent. Ex assensu suo. Of bis own accord (or assent). ExcADENTi^. Escheats. Ex causa furtiva.— — From a secret cause. Ex causa metus. On account of fear. ExCEPTA dignitate regab. Saving tbe royal dignity. ExcEPTio ad breve prosternendum. A plea in abate- ment. ExCEPTio doli mab. — -^A plea of fraud. ExcEPTio ejusdem rei cujus petitur dissolutio. An exception of the same thing which is sought to be dis- solved. ExcEPTio jurisjurandi. ^An exception, or plea of oath. ExcEPTio probat regulam. ^The exception proves the rule. ExcEPTio rei adjudicatse. An exception to the mat- ter adjudged. ExcEPTio rei venditse et traditas. A plea that tbe article claimed was sold and delivered to the defendant. ExcEPTio semper ultima ponenda est. The exception is always to be placed the last, ExoEPTio pecuniae non numeratae. An exception of money not paid. ExCEPTis viris rebgiosis. Clergympn excepted. ExCEPTO eo solo quod damno fatali, aut vi majore, 174 LAW GLOSSARY. veluti naufragio, aut piratarum injuria perisse constat. That only excepted, which by an irremediable loss, or by a greater fury, as by shipwreck, or injury received froiln pirates, is destroyed. Excerta scientia, et mero motu.- ^From positive knowl- edge (or information), and from mere will (or pleasure). ExcESSus in jure reprobatur. Excess in the law is condemned. ExcLOSA. A sluice for carrying off water. Excommunicato capiendo. " Of arresting an excom- municated person :" a writ so called. Ex concessis. From matters conceded. Ex contractu, multis modis ; sicut ex conventione, &c. ; eicut sunt pacta conventa quae nuda sunt aliquando, ali- quando vestitse, &c. In several modes, by way of con- tract ; as well as by agreement ; as also by way of cov- enants agreed upon, which are sometimes without, and sometimes with a consideration, &c. Ex contractu, vel ex delicto. From, or by, a contract, or from an injury (or offence). Ex debito justitise. By (or on account of) a debt to justice. Ex debito vel merito justitise, vel ex gratia.^ From a debt or reward of justice, or from favor. Ex delicto, quasi ex contractu. From (or by) an of- fence (or crime) as though it were by way of contract. Ex demissione. From, or on the demise. Ex dicto majori. From (or by) the more important expression. Ex dicto majoris partis juratorum. By the verdict of the major part of the jury. [In ancient times, if the jury (in civil causes) were not unanimous, the majority might give a verdict, and judg- ment was given Ex dicto majoris partis juratorum; nay, jurors might even bring in a verdict upon their belief ovAj. Vide Reeve's Hist., ii. 268.] LAW GLOSSARY. 176 Ex directo. By a direct course. Ex dolo malo non oritur actio. No action can be founded on a deceit. Ex donatione regis. By tlie king's gift. Ex donationibus, seryitia militaria vel magnae serjentise Don continentibus, oritur nobis quoddam nomen generale, quod est "Soccagium." From grants, not containing Knigbt's services, or grand Serjean tries, a certain general name arises for us, wbioli is " Socage." [This was the name of a certain tenure of land in the feudal times, now extinct, or nearly so.] Ex eadem lege descendit, quod dominus sine voluntate vassalli feudum alienare non potest. It follows that by the same law, the lord cannot alienate the fee without the vassal's consent. ExEANT seniores duodecim thani, et praefectjis cum eis, et jurent super sanctuarium quod eis in manus datur, quod nolint ullum innocentum accusare, nee aliquem noxium celare. That twelve chief landholders (or thanes) and the sheriff with them, go and swear upon the holy testa- ment, which is delivered into their hands, that they will not accuse any innocent person, nor screen the guilty. Exeat aula qui vult esse pius. Let him who would be a good man retire from court. ExECRABiLE illud statutum. That abominable statute. BxECUTio est fructus, finis et effectus legis. Execu- tion is the fruit, the end and effect of the law. ExECUTio juris non habet injuriam. The execution of the law doss no injury. Executor de son tort. "An executor of his own wrong :" one who acts illegally under a will. Ex empto. Founded on purchase. " ExEGi monumentum, sere perennius, Eegalique situ pyramidum altius : Non omnis moriar ; multaque pars mei Yitabit libitinam," 176 LAWGLOSSAET. " To my own name this monument I raise, High as the Pyramids, and strong as brass, Which neither storms, nor tempests shall deface; This shall remain whilst time glides nimbly by. And the swift years in measured stages fly ; For I '11 not perish ; not entirely die." Oldsworth. Ex facto.— — From (or by) the deed. Ex facto, oritur jus.- — -The law arises from the fact, ■ Ex fructibus prssdiorum, ut blada, foenum, &c., seu ex fruotibus arborum, ut poma, pyra, &c. -From the profits of the estates, as the grass, hay, &o., or from the fruits of the trees, as apples, pears, &c. Ex furto, rapina, damna, injuria.-- By theft, robbery, damage, and (personal) violence. Vide note. Ex gratia curias. — ■ — By favor of the court. Ex gravi querela. From or on the grevious complaint. Ex hsereditate.' — ■ — From the inheritance. Ex hoc jure gentium, omnes pene contractus introducti sunt. — ■ — According to this law of nations, almost all con- tracts are introduced. Ex hypothesi. By way of supposition (or argument). Exigent. A writ preceding excommunication. ExiGi facias. That you cause to be exacted (or de- manded). Ex industria. On purpose. Ex institutione legis. By the institution of the law. Ex integro. — ' — Anew. ExiSTENS. — • — ^Be^ng : remaining. Ex justa causa. For a good reason (or cause). Ex legibus. — —-According to the laws. ExLEX. ^An out-law. Ex locate. From situation. Ex maleficio non oritur contractus ; et, in pariter delicto, potior est conditio defendentis. From turpitude no con- tract arises ; and, when both are alike depraved, the de- fendant is in the better situation. LAW GLOSSARY. 177 Ex maleficio. ^By malice (by fraudulent intent). Ex mandate. By command. Ex mensa et thoro. " From bed and board." [A term applied to divorce, where parties are divorced not from any sufficient cause to invalidate the marriage, ab initio ; where that is the case the parties are frequently di- vorced " a vinculo matrimonii," or from the bonds of mar- riage altogether, in which case no relation of husband and wife subsists. Vide notes to " A mensa et thoro," and " A vinculo matrimonii^] Ex mero motu. " From mere motion." From a per- son's own will, without any suggestion or restraint. Ex natura rei. From the nature of the thing. Ex necessitate legis. From the necessity of the law. Ex necessitate rei. " From the necessity of the mat- ter." Arising from the urgency of the circumstances. Ex nudo pacto non oritur actio. " No action arises from a bare, or naked agreement." There must be some consideration expressed, or implied. (Ex officio. — ■ — Officially : by virtue of the office.^ Ex officio, et debito justitise. Officially, and as in justice due. Ex officio judicis. By the office of the judge. ExoNEEETUR. That he, she, or it, be discharged. ExoNERETUR nunc pro tunc. Let him (or it) be now discharged, instead of at some past time. ExONiER. " To excuse." The word Essoin is proba- bly derived from this word. An Essoin was an excuse al- lowed by law, in order that no person might be surprised or prejudiced by his absence from court, provided he had a just cause to be excused, by anything that was not ow- ing to his own default. It is not improbable but that it was originally allowed to give opportunity to the litigating parties to settle their disputes, in conformity to the pre- cept " Agree with thine adversary quickly." Essoins, 12 178 LAW GLOSSAEY. however, -were anciently divided into five kinds. 1st. De servitio Regis — ^being in the king's service. 2d. In terrain sanctam — ^being absent in the Crusades. 3d. Ultra mare — ■ being beyond sea. 4th. De malo lecti — being sick in bed. 5th. De malo veniendi — ^being seized with sickness on the ■way. Ex parte materna. On the part of the mother. Ex parte paterna. On the part of the father. Ex parte quserentis. On the part of the plaintiff. ' Ex parte talis. The name of a writ in old English practice. It signifies "on the behalf of such an one." Ex paucis. Erom a few things or words. ExPEDiTio contra hostem ; arcium constructio ; et pon- tium reparatio. An expedition against the enemy ; the building of forts, and repairing of bridges. ExPENSA vero totius operis. Certainly the cost of the whole work. ExPERTO crede. Give credit to an experienced person. Ex post facto. From (or by) an after act. Ex pr£ecogitata malicia. Of malice aforethought. ExPEESSio eorum quse tacite insunt. " The expression of those things which are therein tacitly comprised ;" {i. e. those things which are implied.) ExFEESSio eorum quee tacite insunt nihil operatur. • The expression of those things which are therein implied has no force. ExPEESSio unius est exclusio alterius, The naming of one person is an exclusion of the other. ExPEESSUM facit cessare tacitum. The meaning of this law phrase is, that a thing which is expressed invali- dates that which otherwise might have been implied by intendment of law. Ex principiis nascitur probabilitas ; ex factis vero Veri- tas. — ^Probability arises from principles; but certainly is obtained (only) from facts. LAW GLOSSARY. 179 Es proprio vigore. By their own force. Ex provisione hominis. By a provision of the per- son. Ex provisione legis. By a provision of the law. Ex provisione mariti. By a provision of the hus- band. Ex quasi contractu. As of agreement. Ex relatione. "By, or from, relation." Sometimes the words mean " hy the information." Ex rigore juris. In strictness (or severity) of law. Ex scriptis olim visis. From writings formerly seen. Ex speciali gratia, certa scientia, et mero motu regis. By special favor, positive knowledge, and the mere will of the king. Ex suo moto. By his own will. Ex tempore. Out of hand (without delay or pre- meditation). Extendi ad valentiam. To be extended to the value. Extendi facias. That you cause to be extended. ExTENDlTUB hsec pax et sec'uritas ad quatuordecem dies, convocato regni senatu. This peace and security is ex- tended to fourteen days, the Parliament of the realm being assembled. ExTENSOEES. Appraisers. (Old English law). ExTKAHUEA. A Stray animal. ExTEA quatuor maria. "Beyond the four seas:" out of the realm. Extra territorium. Without the territory. ExTEA viam. Beyond (or out of) the way. Extea viUenagium. Out of villenage : or servitude. ExTUM^. Eeliques. Ex turpi causa non oritur actio. No action arises out of a wicked cause. Ex turpi contractu non oritur actio. ^No action arises firom an immoral contract. 180 LAW GLOSSAEY. ExuLAEE. To banish. Ex visceribus testamenti. From the body of the ■will. Ex visitatione Dei. By the visitation of God. Ex Yi termini. By force (or virtue) of the term. Vide Hex. v. Shepherds & Agnew — East. Hep, 4:4:, Geo. 3. Eyde. Aid; help. Etee. Scotch Ayre. The court of the justices itm- erant. NOTES TO E. Emanoipatio bt adoptio. — It was the custom among the Bomans, when a father wished to free his son from his authority, (emancipate,) to bridg him before the Prcetbr, or some magistrate, (apud quern actio erat,) — ^i. e. who had authority in the ease — and there sell him three times, per ces et libram, i. e. by money and balance, (aa it was termed,) to some friend, who was called Paier Fiduciarius, (a kind of trustee,) because he was bound after the third sale to sell him back {rcTnancipa/re) to the natural father. There were • present, besides a Jdbripens, who held a irazen balance, five witnesses. Roman citizens, past the age of puberty, and an Antetestatus, who is sup- posed to be so named, because he summoned the witnesses, by touching the tip of their ears. Tide Sor. Sat. L 9. 76. In the presence of these, the natural father gave over mancipabat (i. e. manu tradebat) — i. e. delivered out of ins hand his son to the purchaser, adding these words, " Manoipo tibi HUNo riLiuM, QUI MECS EST," «. e. I deliver you this son, who is my property. Then the person holding a brazen coin {Sestertius) said, " HtjNC BSO nojiiNEi; EX JUBE QuIBITIUM: MBUM esse AIO, ISQUE MIHI EMPTUS EST HOC .SEE ANBA QtTE LIBRA," i. e. " I aflirm that this man is mine by the law of the Bomans, and is purchased by me with this money and by the brazen balance : " and having struck the balance with the coin, gave it to the natural father by way of price. Then he manvmiited his son in the usual form. But, as by the principles of the Roman law, a son, after being manumitted once and again, fell back into the power of his father, this imaginary (or at least fic- titious) sale was thrice to be repeated, either on the same day, and before the same witnesses, or on different days, and before different witnesses ; and then the purchaser (or friend) instead of manumitting him, which would have conferred a Jus patronatHs on himsell^ sold him back to the natural father, who immediately manumitted him, by the same formalities as those used on the emancipation of a slave, {Idird et cere libera emittebat, i. e. " he discharged him by free money and balance.") Liv. vi 14. Thus the son became his own master, {sui jv/ris foetus est.) Liv. vi. 16. The student frequently reads of the ceremony of making wills among the Romans, at one time per ces, vel assem et Ubrarni. Yide note to " Sceredes success- cresqut, tShc." The custom of selling per ces et libram took its rise from this : that the ancient Romcms, when they had no coined money, {Liv. iv. 60,) and after- wards, when they had asses of a pound weight, weighed their money, and did not count it. The same custom of weighing money is mentioned in LAW GLOSSARY. 181 Genesis, c. xxiii. 15, 16. " My Lord, Hearken unto me, the land is worth four hundred shekels of silver, what is that betwixt thee and me ? Bury therefore thy dead. And Abraham hearkened unto Ephron, and Abraham weighed unto Ephron the silver which he had named in the audience of the Sons of Heth, four hundred shekels of silver current money with the merchant" In emancipating a daughter or grand children, the same formalities wero used, but only once, {unica emancipatio sufficiebat,) i. e. " one sale was suf- ficient." But these formalities , in process of time, began to be thought troublesome. Athanasius, therefore, and Jttstinian, invented new modes of emancipation. Athanasius appointed, that it should be sufBcient, if a father showed to a judge the Rescript of the Emperor for emancipating his son ; and Justinian, that a father should go to any magistrate competent, and before him, with the consent of his son, signify that he freed his son from his power, by saying " HuNC BUI Juris esse patior, meaqde mano MITTO," 8. e. "I permit him to become his own master, and discharge him from my controL" When a man had no children of his own, lest his sacred name and rites should be lost, he might assume strangers {exircmeos) as his children by ADOPTION. If the person adopted was his own master, [sui juris,) it was called abro- GATio, because it was made at the Cmnitia Gwriata, by proposmg a Bill to the people, {per popuii rogationem,) i. e. "by request of the people." GeU. V. 19. If he was the son of another, it was properly called "Adopiio,'' and was performed before the Proetor, or President of a Province, or any other magistrate, (apvd quern legis actio erat,)\. e. "who in such case had author- ity." The same formalities were used as in emancipation. It might be done in any place. Suet. Aug. 64. The adopted passed into the family and name, and assumed the sacred rites of the adopted, and also frequently succeeded to his fortune. . Oicero makes no distinction between these two forms of adoption, but calls both by the general name of "Adoptio." Emendatio. — The correction of an error committed in any process, which might be amended after judgment ; but if there were any error in giving the judgment, the party was driven to his writ of error ; though where the fault appeared to be in the Clerk who wrote the record, it might be amended. At Oo-mmon Law, there was anciently but little room for amendments, which appears by the several statutes of amendment and jeofails, and like- wise by the constitution of the courts ; for, says Bracion, " the judges are to record the parols (or pleas) deduced before them in judgment." Also, he says, "Edward the First granted to the Justices to record the pleas pleaded before them ; but they are not to erase the records, nor amend them : nor record against then- inrolment." This ordinance of Edward the First was so rigidly observed, that when Justice Eengham, in his reign, (moved with compassion for the circumstances of a poor man, who was fined thu1«en shillings and fourpence,) erased the record, and made it six shillings and eight pence, he was fined eight hundred marks ; with which, it is said, a Clock-house at Westminster was built, and furnished with a clock — sed qu dehocf for it does not appear that clocks were then in use ; but it is prob- able the fine was inflicted on the Judge, "gratia exempli.''^ Emptio sub corona. — Those prisoners made captives in war by the So- mans, either in the field, or in the storming of cities, were sometimes sold by auction sub corona, (vide Liv. v. 22, &c.,) because they wore a crown when sold. There was also a sale of slaves, sub Jiasta, because a spear waa set up where the crier or auctioneer stood. Ejt cest Couet, &o. — At the present time, it is afltonishing to reflect 182 LAW GLOSSARY. what nicety was formerly required in the pleadings and entries of the Courts of Law. Those who have made a point of investigating this subject, have noticed how extremely difficult the practice of the common law must have been in those days — ^not only every word, but every letter was ex- amined with the greatest caution — ^the burthen of this became at length absolutely insupporidble. Many statutes were made, and enlightened judges did dU they could to render justice to the suitors ; and they succeeded to a very considerable extent : the Student will, however, perceive, that too many of the vestiges now remain, which it is hoped a few succeeding years will clear away — ^vestiges as ridiculous as they are derogatory to the human intellect. The ancient records, kept in the Tower of London, and in some of the Courts of Westminster, present astonishing pieces of penman- ship, not only remarkable for their extreme correctness, (which the law ren- dered absolutely necessary,) but for the beauty of the engrossing. Indeed, the writing was of such a superior quahty, when Magna Oharia was obtained, that it surprises us, if we take into consideration the time it was penned. A fine copy is to be seen gratis in the British Musewm. Bpiscopi siout CffiTERi Baeokes, (fec. — ^AVheu the Barbarians, who over- ran the Roman empire, first embraced the Christian faith, they found the Clergy possessed of considerable power ; and they naturally transferred to these new guides that profound submission and reverence which they were accustomed to yield to the priests of that rehgion which they had forsaken. They deemed their persons to be equally sacred with their function ; and would have considered it as impious to subject them to the profane jurisdiction of the Laity. The Clergy were not blind to these ad- vantages, and established courts, in which every question relating to their own character, their functions, or their property, was tried ; and were gen- erally present with the Barons, at the trials, or at the judgments given, in other cases. They pleaded, and almost obtained, a total exemption fi-om the authority of the Givil Judges. Upon different pretexts, and by a mul- tiplicity of artifices, they communicated these privileges to so many persons, and extended their jurisdiction to such a variety of cases, that a consider- able, if not the greater part of those offences, which gave rise to contest and litigation, were, at one period, drawn under the cognizance of spiritual Judges. Vide JM Gange Gloss., voc. " Curia Ghrisiianiiatis." It appears that Ecclesiastics scarcely, if ever, submitted, during any period of the middle ages, to the laws coritained in the codes of the barbarous nations, but were governed by the Soman Jjaw. They regulated all their transactions by such of its maxims as were preserved by tradition ; or were contained in the Tfteodosian code, and other books then extant among them. This we learn from a custom, which prevailed universally in those ages. Every person was permitted to choose among the various Codes of Law then in force, that to which he was willing to conform. In any transaction of importance, it was usual for the person contracting to mention the law to which he submitted, that it might be known how any dispute, that might arise between them, was to be decided. Innumerable proofs of this occur in the Charters of the middle ages. But the clergy considered it such a valuable privilege of their order to be governed by the Soman law, that when any person entered into Holy Orders, it was usual for him to renounce the Code of Laws to which he had been formerly subject, and to declare that he now submitted to the Soman law. Tide Souard, Anciennes Loix des Francois, &c., vol. i, p. 203. Bques. — ^The Equiles, among the ancient Som/ms, did not, at first, form a distinct order in the State. When Somulus divided the people into three tribes, he chose from each tribe one hundred young men, the most dis- tinguished for their rank, wealth, and other accomplishments, who should LAW GLOSSARY 188 serve on horse-back, and whose assistance he might use for guarding his person. These three hundred horsemen wore called Geleres, and were di- vided into three companies. The number was, at several times afterwards, Increased. Seroius TuMius made eighteen centuries of Equites ; he chose twelve new centuries from the chief men of the State, and made six others out of the three instituted hj Romvlus. Ten thousand pounds of brass were given to each of them to purchase horses ; and a tax was laid on widows, who were exempt from other contributions, for maintaining their horses. Vide Liv. L 43. Hence the origin of the Equestrian order, which was of the great- est utility in the State, as an intermediate bond between the Patricians and Plebeians. The Equites were chosen promiscuously from the Patricians and Plebeians. Those descended from ancient families were called lUustres, Speciosi, and Splmdidi. The age requisite was about eighteen years, and the fortune, at least towards the end of the republic, and under the Emperors, was four hundred sesteriia, that is, something more than fifteen thousand dollars. Vide Sor. Ep. i., Plin. Ep. i. 19. The badges of the Equites were, 1st. A horse given them by the pubUc ; hence called Legitimus. Vide Ovid. Fast, iii 130. 2d. A golden ring, whence "Anmilo aureo donari,^^ for inter Equites legi. 3d. Augustus Olavus. 4tL A separate place at the public spectacles. Vide I)io. xxxvi. 25. Juv. iii. 159. If any Eqties was corrupt in his morals, or had diminished his fortune, or even had not taken proper care of his horse, (Gell. iv. 20,) the Censor ordered him to sell the horse, vide Liv. xxix. 37, and thus he was reckoned to be removed from the Equestrian order. Equites GARTEEn. — " Knights of the Garter.'" This order was founded by Edward the Third, who (after obtaining many splendid victories), for furnishing this order, made choice in his own realm, and in all Europe, of twenty-five excellent and renowned persons for virtue and honor, and ordain- ed himself and his successors to be the Sovereign thereof, and the rest to be FeUows and Brethren, bestowing this dignity on them, and giving them a £lue Garter, ornamented with gold, pearl, and precious stones, and a buckle of gold to wear on the left leg only; a kirtle, crown, cloak, chaperon, a collar, and other magnificent apparel. Camden, and others, inform us, that this order was instituted by Edward the Thu-d, upon his having ob- tained great success in a battle, wherein the King's Ga/rter was used as a token. But Polydore Virgil gives it another original, and says that this King, in the height of his glory, (the Kings of France and Scotland being both prisoners in the Tower of London at one time,) first erected this order of the Garter, A. D. 1350, from the circumstance of the Countess of Salisbury having dropped her garter in a dance before the King, which he took up, and seeing some of his Nobles smile, he said, " Ebni soit qui mat y pense," i. e. " Evil (or shame) be to him that evil thinks," (which has ever since been the motto of the order of the Garter, and indeed is now the motto of the Royal Arms of England,) declaring that such veneration should there- after be done to that silken tie, that the best of them should be proud of enjoying its honors. Erant in Anslm;. — ^The feudal poUcy, which seemed for so many suc- cessive ages, to be so admirably calculated against the assaults of any foreign power, yet its provisions for the interior order and tranquillity of society was extremely defective, and led to anarchy, confusion, tyranny and bloodshed. The principles of disorder and corruption are discernible in that constitution, under its best and most perfect form. They soon unfolded themselves, and, spreading with rapidity through every part of the system, 184 LAW GLOSSARY. produced the most baneful effecta upon society. The fierce and powerful vassals of the Crown soon extorted a confirmation for life of those grants of land, which being at first purely gratuitous, had been bestowed during pleas- ure. They also obtained the power of supreme Jurisdiction, both civil and tnilitary, within their own territories; the right of coining money; to- gether with the privilege of carrying on war against their own private enemies. Such a state of society must have been terrible. A thousand causes of jealousy and discord subsisted among them, which give rise to ' numerous petty wars, and cruel resentments. Sudden, unexpected and in- discriminate slaughter often followed the transmission of property. The Nobles were superior to restraint, and harassed each other with every op- pression. Incursions were made with ferocity, on slight, or supposed provo- cations : their respective vassals were dragged into the field to fight against their own countrymen, often their immediate friends and neighbors; and their lands seized and desolated by the victorious party. "Well, indeed, might it be said, in the language of the text, " Erant in Anglice, quodammodo tot reges, ml potius tyranni, quot domini castellorum." What a horrid picture of society I and how happy should we feel that property is protected by good laws, and that we have a general diffusion of the benign doctrines of Christianity and education ; for the extension of the latter blessing, in par- ticular, the American nation deserves the thanks of the civilized world. Eeat autem h^c, &c. — That the Patricians and Pleieians might be con- nected together by the strongest ties, Romulus ordained that every Plebeian should choose from the Patricians any one, as his Patron, or protector, whose Client he was {guod eum colebat). It was the part of the Patron to advise and defend his Client, to assist him with his interest and substance ; and serve him with his life and fortune in any extremity. Tide Dionys. ii. 10. It was' unlawful for Patrons and Clients to accuse, or bear witness against each other, and whoever was found to offend in this respect, might be slain by any one with impunity, as a victim devoted to Pluto, and the infernal Gods. Hence both Patrons and Clients vied with each other in fidehty ; and for more than six hunAred years, we find no dissensions between them. Ibid. It was esteemed highly honorable for a Patrician to have numerous Clients, both hereditary aud acquired by his own merit. Vide Bor. Up. ii., Juv. X. 44. Est autem magna, &o. — ^Whilst the trial by Judicial Combat subsisted, proofs by charters, contracts, or other deeds, were rendered nearly ineffec- tual. When a charter, or other evidence was produced by oree of the parties, his opponent might challenge it, and affirm that it was false, or forged, and offer to prove this by Combat Vide Leg. Longob., lib. 2, sec. 34.- It is true, that among the reasons enumerated by Beawmonoir, on account of which judges might refuse to permit a trial by combat, one is, " If the point in contest could be clearly proved, or ascertained by otheir evidence." But this regulation only removed the evil a single step. For, if the party suspected that a witness was about to depose in a manner unfavorably to his cause, he might accuse him,of being raftornerf ; give him the lie; and challenge him to Single Combat ; if the witness was vanquished in battle, no other evidence could be admitted, and the party, by whom he was summoned to appear, lost his cause. Vide Leg. Baivar., tit. 16, sec. 2. licg. Burgund., tit. 45. Beaumon., c. 61, 315. The reason given for obliging a witness to ac- cept of a defiance, and to defend himself by Combat, is remarkable, and con- tains the same idea, which is still the foundation of what is called " the point of honor," "for it is just, that if any one affirms that he pubUdy knows the truth of anything, and offers to give oath upon it, he should not hesitate to maintain the veracity of his affirmation in Combat." Vide Leg. Burg., tit. 45. That the trial by judicial combat was established in every country oi Europe, LAWGLOSSART. 185 is a fact well known, and requires no proof. That this mode of decision was frequent, appears not only from the Codes of ancient laws, which established it, but from the earliest writers concerning the practice of the law in the different nations of Europe. It appears from Madox that trials by Single Combat, were so frequent in England, that the fines paid on these occasions, made no inconsiderable branch of the king's revenue. Hist, of the Excheq., vol. i. p. 349. A very curious account of a Judicial Combat between Mesira Robert de Beaumomir and Mesire Pierre Tournemine, in the presence of the Duke of Burgundy, A. D. 1383, is published by Maurice, Mem. powr servir de preuves, a la Hist, de Breiagne, torn. 2, p. 498. AJl the formalities observed in these extraordinary proceedings are there minutely described. Tournemine was accused by Beaumonoir of having murdered his brother. The former was vanquished ; but was saved from being hanged, on the spot, by the generous intercession of his antagonist. This mode of trial was at one timo so acceptable, that Ecclesiastics, notwithstanding the prohibitions of the Church, were constrained not only to connive at the practice, but to authorize it. A remarkable instance of this is found in Pasquier's Researclies, lib. 4, ca/p. 1, p. 350. The Abbot Wittikindus considered the determination of a point of law by combat, as the best, and most honorable, mode of decision. In the year 978, a Judicial Combat was fought in the presence of the Em- peror. The Archbishop of Aldebert advised him to terminate a contest, which had arisen between two noblemen of his court, by this mode of decision. The vanquished combatant, though a person of high rank, was beheaded on the spot. Tide Chronic Ditmari, Episc. Mersb. des Hist., torn. 9, 129, and 612, &c. The Emperor Henry the First delJares that this law authoriz- ing the practice of Judicial Combats was enacted with the consent and ap- plause ot many faithful Bishops. lb., p. 231. "So remarkably did the mairtial ideas of those ages prevail over the genius and maxims of the Canon Law, which, in other instances, was of the highest credit and authority with Ecclesiastics." The author would here suggest that it might probably be adduced as a better reason, that the prevailing superstition of those agea consisted in the idea of a particular prevaiUng Providence, watching over the rights of the individual accused ; and rescuing him from the conse- quences of an unjust sentence by the signal interposition of Heaven itselC Such an idea was common to both Christian and Heathen philosophy, and is not (with many persons) foreign to the refined theories of the present day. To suppose it a general rule, is an unwarrantable assumption, that the moral exemplified government of nature does not justify, nor the just and rev- erenced estimation of an Omniscient Being, warrant ; but, notwithstanding this, the idea appears to have been implanted in the mind of man, in every age, from the most reflecting philosopher to the rudest savage ; nor has it been implanted in vain, nor failed of its innumerable and incalculable ad- vantages. A Judicial Combat was appointed in Spain by Charles the Fifth, A. D. 1522. The combatants fought in the Emperor's presence ; and the battle was conducted with all the rights prescribed by the ancient laws of Chivalry. The whole transaction is described at great length by Ponius Heuterus Per. Austria/;., lib. 8, c. IT, 205. A trial by combat was appointed in England, A. D. 1511, under the inspection of the Judges of the Common Pleas ; and, although it was not carried to that extremity with the former, (Queen Elizabeth having interposed her authority, and enjoined the persons to compound the matter,) yet, in order to preserve their honor, the lists were marked out, and all forms previous to the combat, were observed with much ceremony. Tide SpeVm Gloss., voc. " Campus," 103. And even so late as the year 1631, a Judicial Combat was appointed between Donald, Lord Eea, and David Ramsey, Esquire, by authority of the Lord High Constable and Earl Ma/rshal of England ; but that quarrel likewise terminated without bloodshed, being accommodated by King Charles the First. Another in- stance also occurs seven years later. Tide Rushworth's Observ, on Stai- utes, 266. 186 LAW GLOSSAEY. . Est senatoei, &c. — The Senate was instituted by Bomuhts to be " the per- petual Council of the Eepublio." ( Goncilium Eeipubliae sempitermim. Tide Oic.pro. Sextio, 65.) It consisted, at first, of only one hundred; they were chosen from among the Patricians. The Senators -were called "Patebs," either on account of their age, or out of their paternal care of the state ; and their offspring, " Patbiou." , After the SaMnes were taken into the city, another hundred were chosen from them by the suffrages of the Gi/rice. Vide Dionys. ii. 4'7. But, according to Livy, there were only one hundred senators at the death of Romulus ; and their number was increased by 7W- lius Bostilius, after the destruction of Alba. Tarquinius Priscus, the fifth king of Rome, added one hundred more, who were called " Patees minorum GENTIUM," i. e. Senators of the lower tribes. Those created by Eormdua were called " Patees majoeum OENTitrar," i. e. Senators of the higher tribes. This number of three hundred continued, with small variation, to the' time of/Sj/to, who increased it; but how many he added is' uncertain. It ap- pears there were, at least, above four hundred. In the time of Julius Gcesar, the number of senators were increased to nine huudred ; and after his death, to a thowand ; but many worthless persons having been admitted into the senate, during the civil wars, one of them is called by Gicero, "lectu»ipse a se," (elected by himself;) Augustus reduced the number to six hun- dred. Suet. Aug. 35. The powers and duties of the Senate were as follows : 1st. They assumed to themselves the guardianship of the public religion ; so that no new God could be introduced, nor altar erected, nor the SyiiUine books consulted, without their order. Liv. ix. 45. 2d.' The senate had the direction of the treasury, and distributed the pub- lic money at pleasure. Gic. in Vatin. 15, non prodito auctore. If any person has written notorious libels, which may tend to the injury of another, who is publicly accused of meriting a capital punishment, not only the au thor of such libel, but he also who has found it, and has not burnt it, but given it publicity, is to be considered the author, because he hath published it among the common people, without having produced the author. Famosos latrones in his locis ubi grassati sunt, fiirca figendos placuit, ut conspectu detereantur alii, et sit conso- latio cognatis, ut eodem loco pcena redditur, in quo latrones homicidia fecissent.- — -It pleased him that infamous rob- bers should be fixed on a gibbet in the same place where they committed their crimes, that others might be deterred by the sight, inasmuch as the punishment being inflicted m the same place where the robbers committed the mur- LAW GLOSSABY. 191 ders, it miglit be some consolation to the relations (of those who were killed). Fang, fangen. Sax. To take. Faeandman. Scotch. A merchant traveller, or stranger. Fardel. A fourth part. Faedingdeal. The fourth part of an acre. Faeinabium. A mill. Faeistel. Sax. Stopping of way. Farrago legum nauticarum. The absurd collection of maritime laws. Fas. Eight. Fasteemans. Sax. Bondsmen. Fasti. Lawful. Fatetue facinus is qui judicum fugit. He confesses his guUt who flies from trial. *r Fatuus. An idiot. Fauces terrse. " The mouth or chops of a channel ;" (where a person may see from land to land.) Fauseneeie. Forgery. Feaeme. Food ; a feast. Fee. The land or estate held of a superior by service. Fepellit. He has deceived, or betrayed. Felagus. Among the Saxons, a friend bound for another's good behavior. " Felices ter, et amplius Quos irrupta tenet copula ; nee malis Divulsis querimoniis, Suprema citius solvet amor die." "Happy, thrice happy they, whose friendships prove One constant scene of unmolested love ; Whose hearts, right tempered, feel no various turns, No coolness chills them, and no madness burns ; But, free from anger, doubts, and jealous fear, Die as they live, united and sincere. — Orrery. Felo de se. A suicide ; a self-murderer. 192 . LAW GLOSSARY. Felonia. Felony. Vide note. Felonia per quam vassallus amitteret feudum. A felony by wMcli a vassal -would lose his fee. Felonice cepit, et asportavit. He feloniously took, and carried away. Feme covert. A married -woman. Feme sole. An unmarried -woman. Feme sole sub modo. A single -woman to a certain extent. Feoda propria, et impropria. Proper and improper feuds or fees. Feodum. An estate in fee. Feodum appears to be compounded of "Od," possession, and "Feo," -wages, or pay ; intimating tliat it -was stipendiary, and granted as a recompense for services. Yide Wachter voce " Feodum." Feodum est quod quis tenet sibi et bseredibus suis, sive tenementum sit, sive redditus, &c.' A fee is that -whioh a person holds to himself and his heirs, -whether it be a tenement, or a rent, &c. Feodum laicum. A lay fee. Vide note. Feodum militare. A Knight's fee. Vide note. Feodum militare, or Feudum miHtis. A Knight's fee. Vide note to Feudum. Feodum novum, ut antiquum. — — A ne-w fee (given or granted), as an ancient fee. Feodum restituit ejusdem estimationis quod erat tempore rei judicatse. "He restored a fee of the same value as it -was at the time of the judgment." That is, that the lord give or grant to the tenant, or feoffee, -when he shall be ejected, land of the same value. Feodum simplex. A fee simple: an unconditional fee. Feodum, sine investitura, nullo modo oonstitui potest. " A fee cannot, in any -way, be made -without; an in- vestiture." This -was the ancient la-w relating to free- holds. LAW GLOSSARY. 193 Feodum talliatum. An entailed estate. Feoffamentum. A feoffment : the donation of a fee ; or a feofifinent giving possession by livery of seizin. Vide note. Feoff ARE. To enfeoff: or grant in fee. Feoffavit et demisit. He enfeoffed and demised. Feorme. A farm : a provision : rent. FERiE. Wild beasts. Fer-s campestres. "Beasts of chase." These are five ; the buck, doe, fox, martin and roe. Fer-S) igitur bestise, et volucres et omnia animalia, quse mari, coelo, et terra nascuntur, simnl atque ab aliquo captae fuerint, jure gentium statim illius esse incipiunt. Quod enim nullius est, id naturali ratione occupanti conceditur. Therefore, wild beasts, and birds, and all animals which are produced in the sea, air, or earth, as soon as they are taken by any one, immediately, by the law of nations, begin to be his property. For that which is not the property of any person, by natural reason is conceded to be the property of the possessor. Fer^ igitur bestise, simul atque ab aliquo captse fuerint jure gentium statim illius esse incipiunt. — — Therefore, wild beasts, as soon as they are taken by another, become the property of the captor by the law of nations. FERiE naturae. Of a wild nature. Fer^ naturse, et nullius in bonis. Beasts of a wild nature, and not belonging to any (particular) person. Fer^ naturse per industriam hominis. Animals of a wild natui-e (tamed by man's industry). Fer^ naturse propter privilegium. Animals of a wild nature on account of privilege. Fer^ naturse ratione inipotentise. ^Animals of a wild nature for want of power. FERiE sylvestres. " Beasts of the forest." Frequently called beasts of venary. These ai'e the hart, hind, boar and wolf: the beasts and fowl of the Warren, are the hare, 13 194 LAW GLOSSAKT. coney, partridge and the pheasant. A reward was ancient- ly given for the destruction of wolves in England ; they have aU long since been destroyed. Ferita. A wound. _. Feelingus. A furlong. Pernigo. Where fern grows. Feri^. Certain days on which marriage could not formerly be performed, and celebrated ; which were from Advent to the Epiphany ; from Septuagessima to the Oc- tave of Easter ; and from the first Eogation day to the Octave of Pentecost. Feri^ ISTundinse. ^Holidays, Fairs, or great markets. These are frequently held on some holiday of the Eoman Church. Feeea electio : destre whipt, ou de paier costs. A liard choice ; he shall be whipt, or pay costs. Yide note. Fereamentum. The iron instruments about a mill. Ferrifoddsta. An iron mine. Festinum remedium. A speedy remedy. Festis diebus omnibus et legitimis jejuniis, ordalium nul- lus ingreditor, neve ad jusjurandum addicitor. That upon holidays and the regular fasts, no man should be subjected to the ordeal, or called to judgment. Feudis antiquis. By fees of ancestry. Feudorum libri.-- — A book of feudal law. Feudum. ^A fee: land held in fee simple. Tide note. Feudum apertum. ^An open fee. Feudum avitura. A fee derived from the grandfather. Feudum ligeum. A fee held by fealty. Feudum matemum. A fee descended from the mother. Feudum novum. A new (or acquired) fee, Feudum paternum. A fee, or inheritance acquired from the father. Fey. Faith ; a deed. LAW GLOSSARY. 195 Fetn. A fine. Feyre.-^^ A fair. FLA.T nisi prius per proviso si querens fecet defaultam. ^Let it be done, unless first (performed) by proviso, if the defendant has made default. ^ FiCTio cedit veritati.' Fiction yields to truth. FiDEi commissa. Trusted in confidence : trust settle- ments. Vide note. FiDEi commissarius. A trustee : a factor. FiDEi jussores.- Persons who appeared as sureties for others among the ancient Romans. FiDELiTAS. Fealty. FiDEM adhibens. Showing confidence. Fides nuptialis contractus. A promise (or obligation) of a marriage contract. Fides semper servanda est Integrity is always to be kept. Fides servanda est ; simplicitas juris gentium praevalet. Faith must be kept ; the honesty of the law of nations must prevail. Fief. "A fee." What we call a fee is, in other countries, the contrary to chattels. In Oermany, cerfain dis- tricts or territories are called " Fiefs" where there are Fiefs of the Empire. Fief d'haubert. A tenure by knight's service. Fieri fecias. That you cause to be made, or done ; or levied. A writ of execution so called. Fieri facias ad valentiam. That you cause (a levy) to be made to the value. Fieri facias de bonis ecclesiasticis. " That you cause to be levied of the ecclesiastical goods." A judicial writ to the sheriff to levy damages and costs. Fieri facias de bonis propriis. That you cause to be levied of his (or her) own goods. Fieri facias de bonis testatoris si, &c., et si non, de bonis propriis. ^That you cause to be levied of the testator's 196 LAW GLOSSAET, goods, if, &c., and if he has none of those, then of his own goods. " FiEEi feci, 1 have caused to be made, or levied. FiEEi feci sequestrari. 1 have caused sequestration to be made. Fieri non debet, sed factum, valet. It ought not to be done ; but being done, it is valid. Fi: fa: de bonis testatoris, &o., et si constare poterit quod devastavit, tunc de bonis propriis. That you cause to be levied of the testator's goods, &c., and if it can be shown that he wasted them, then of his own proper goods, FiGHTWiTE. Sax. A fine put upon one who fights or quarrels to the disturbance of the peace. FiLARE. To file. FiLAZER, Filacer, or Fihzer. An officer of the Court of Common Pleas, who issues writs. FiLCTALE. ^In ancient times, an entertainment given by bailiffs of hundreds, at which they extorted money from the guests. FiLll nobilium. Noblemen's sons. FiLius hseres legitimus est. A son is the legitimate heir. FiLlus hseres legitimus est quem nuptiae demonstrant. He is the lawful heir whom marriage designates. FiLius mulieratus. The eldest son of a woman, born before the father married her. FiLius nullius. No person's son ; a bastard ; who at common law cannot succeed to an inheritance. FiLius populi. A son of the people ; a bastard. FiLUM aquse. The middle of the water (or stream). FiLUM forestse. The line, or boundary of the forest. FiNALis Concordia. The final agreement. Fnsris, fructus, exitus et effectus legis. A fine (levied of lands) is the profit, the end and effect of the law. FlNiUM regundorum actio. Action for regulating boundaries. LAW GLOSSARY. 197 FiRDFAEE. Sax. A going forth to a military expe- dition. FiEDSOCNE. Sax. Exemption from military duty. FiEDWiTE. A fine for refusing to do military service. FiREBAKE. Sax. A seaside tower or beacon with lights for the guidance of mariners. FiREBOTE. An allowance of fuel. FiRMA. From the Sax. " Feorme," i. e. food (there is also a word "feorman," to feed, or yield victuals). Also a messuage and land taken by lease under a certain rent — from " Firma" comes the word " Farm." Vide note. FiRMA ipsius qu^rentis. The plaintiff's farm. FiEMARiUM. A word used in old records for in- firmary. FiEMAEius, vel Proprietarius. The farmer, or pro- prietor. FiRMiTAS. An assurance of some privilege by deed or charter. Fisc. The treasury of a prince or state. FiSK. The right of the King, in Scotch law, to the moveable estate of a rebel. FiSTUCA. A staff or wand which, anciently, was de- livered when any property was transferred. Fit autem disseisina, non solum cum quis praesens, vel procurator vel familia, qui nomine suo fuerit in seisina vio- lenter, injuste, et sine judicio, ex libero tenement© suo, qualicunque ejecti fuerunt — verum erit disseisina, cum quis ad nundinas, vel peregre profectus fuerit, nemine in domo relicto, vel possessione, alius in possessionem ingrediatur, et ipsum reversum non admittat, vel eum ingredi voluerit, per se vel assumptis viribus, violenter repellat. Item non solum fit disseisina, secundum quod praedictum est, sed etiam si quis praepotens uti voluerit in alterum tenemen- tum, contra ipsius tenentis voluntatem, arando, falcando, as- portando, et contrahendo, tenementum esse suum, quod est alterius, si autem nihil clamaverit in tenemento aliud erit, 198 LAW GLOSSAET. quas tunc erit transgressio, non disseisina, in libero tene- mento. But it becomes a disseisin, not only when any one being present, or his agent, or family, who, in his name, were in possession, have been violently, unjustly, and without any judgment, in any manner ejected from the freehold — but it will be a disseisin when any person shall be gone to a market (or a fair) or shall have gone from home, and no one being left in the house or in pos- session, another shall take possession, and not admit the owner to. enter on his return : or when he would enter re- pels him, either by himself, or with the assistance of others. And it not only becomes a disseisin, according to what has been said, but also if any powerful person insists upon using the land of another, contrary to the tenant's will, by ploughing, digging, cutting up, carrying away, and wasting the same, as though it were his own, which is an- other's property ; but if he claim no interest in the land, it will be otherwise, for then there wUl be a trespass, not a disseisin, in the free tenement. Fit juris, et seisinse conjunctio.' It becomes a joinder of right and possession. Flagellis et fustibus acriter verberare uxorem. Se- verely to beat his wife with whips and clubs. Flagrante bello. Whilst the war rages. Flagrante delicto. In the commission of the crime. Flem. Sax. A fugitive. Flembnesfieinthe, or Flemenfirma. The sustenance and relieving of fagitives or outlaws. Flemeneswite, or Flemeswite. ^A fine imposed upon a fugitive. Fleta. ^In old English law, an estuary. Fleta. This is the title of an excellent law book, supposed to have been written by a Judge, confined in the Fleet prison, temp. Edward 1st. Fleth. Sax. Land (given by some authorities), a house (by others). LAW GLOSSARY. ■ 199 Fliedwite, or Flightwite, from Sax. " Fly thy i. e. faga and, "wite," mulcta. This word, iu ancient law, signi- fies the discharge of a person from amerciaments, where, having been & fugitive, he comes to the king's peace of his own accord, or with license. Flodemaek. High-water mark. Flotsam. Goods floating on the sea. Flumina autem omnia et portus publica sunt, ideoque jus piscandi omnibus commune est, in portu, fluminibus- que. Also all rivers and harbors are common, together with the right of fishing in all rivers and in port. Focale. Firewood. Foellan. To offend. Foelnisse. An offence ; felony. FoEMiNA presenti marito feloniam agens, non rea est con- structione legis, quia per ejus coercionem instigari cogitur. ■ A married woman, committing felony in her husband's presence, is not guilty in the eye of the law, she being sup- posed to have been instigated to the commission of the act by the coercion of her husband. Fcemina viro cooperta. A married woman. FoENUS nauticum. Nautical usury. Folc-lands. Sax. Copyhold lands, so called in the time of the Saxons : as charter lands are called Booh-lands — vide Kitchen, 174. Folc-land was terra vulgi, or po2m- laris, the land of the common people who had no certain estate therein, but held the same under the rents and ser- vices accustomed or agreed ; and was therefore not put into writing, but accounted "prcedum rusticum et igndbile." Vide Spelm. on Feuds. FoLC-MOTE. Sax. A general Council, or Assembly. Vide note. FoLGAEE. From Saxon folgan, to follow or serve. FoLGAEii, FoLGHEBES. FoUowers or servants. FoEANEUS.^ A foreigner. FoBATHE. Sax. One who could swear for another. 200 LAW GLOSSARY. FoEBALCA. A piece of unplouglied land lying next the tighway. FoEBANisriTUS. Banislieci {Old Europ. law) FoBBATUDO. He who struck the first blow. {Old Uurqp. law.) FoECELET. ^A fortress. FoEOEEiuM. A strong box for the safe-keeping of papers. FoECLOEKEE. To foreclose ; to shut out. FoEDANNO. The first assailant in a fight. ( Old Europ. law) FoEDiEA. The grass growing on the banks of ditches. FoEECHEAPDM. Pre-emption. FoEEEA. Foreland. FoEESCHOKE. Forsaken. FoBESTALLAK. Forestalling. FOEFAJSTG, FoEPENG. Sax. A prcvious taking. FoEFEiTUEE de tcrrc. — '■ — A forfeiture of the land. FoEGABXTLUM. rA quit rent. FoRGAVEL. Sax. A small reserved rent in money. FoEi disputationes. Arguments in the Law Courts. FoEiSFACEEE. To outlaw. FOEISPACTUEA. Forfeiture. FoEMA essentiahs. — —A substantial form. Forma et figura judicii. The foriji and manner of the judgment. ' FoEMEDON. (Breve de forma donationis) "The form, or manner of a gift." A writ formerly issued to recover entailed property. FOEMEDON in descender. Formedon in descent. Vide note. , FoEMEDON in remainder. Formedon in the remainder. FoEMEDON in reverter. Formedon in the reversion. FoEO domestico. " In the court at home." Perhaps the Lord's Court of the Manor. LAW GLOSSARY. 201 FoBO ecclesise. In the Spiritual Coiirt. FoBPRiSE. Taken beforehand. An exception. FoESCHET. The forepart of a furlong, that which skirts the highway. FoRSPEiSE. Except. FoRSQUE. But; only. FoKTiOR et potentior est dispositio legis quam hommis. The disposition of the law is stronger and more power- ful than that (effected) by man. FoETUiTUS casus providendus. A chance case is to be regarded. Forum domesticum. A Court held at home, or in the vicinity. Forum plebise justitiae, et theatrum comitivse potestatis. The court of justice for the common people, and pub- lic place of meeting for the power of the county. Forum rei. The Court held where the defendant re- sides. Fossa. A ditch full of water where formerly women convicted of felony were drowned. Fosse. A dyke or ditch. FouRCHEE. — — To divide or fork. A term used respect- ing an old practice of casting essoins or excuses by two tenants alternately, in order to delay the proceedings. See JReeves' Hist. Eng. Law. Fovea. A grave. Franc-aleu or alleu. Allodial land. Franchiare. To enfranchise. Franchilastus. A freeman. Franchise. ^A privilege, or exemption. Vide note. Francigena. A Frenchman. Franclaine, Franoleust, Frankleyne. A free- holder or gentleman ; a freeman. Francus. ^Free. Francus bancus. Free-hemh — Sedes libera. That es- tate in copyhold lands, which the wife acquires on the 202 LATV GLOSSARY." deatli of her Imsband, for lier dower, according to tlie cus- tom of the manor. Preebench also means the widow's es- tate in such lands as her husband died seized of : there is a distinction between freebench ^nd dower ; which last is the estate of the widow in all lands of which her husband was seized during the coverture. The custom of freebench prevails in the manor of East and West Enhorne, and Chad- dleworth, in the coupty of Berhs ; at Torr, in Devonshire, and other places in the West of England. There is a cu- rious custom in the manor of West and East Enbome, to be found in the ''Spectator," ISTo. 623, Nov. 22, 1714. Fbancus plegiws. A frank or free pledge ; a tithing decennary or friborg, so called because every freeman be- longing to it was a pledge for the good conduct of the ' others ; the chief of whom was called frilorgesheofod or , fredborhesheofod. Frank- AiMOiGN. A free gift. Vide note. Frank-fee. Freehold lands, held exempt from all services, except the homage. Feassetum. ^Woody ground. Fratee consanguineus. A half-brother by the fa- ther's side. Feater fratri sine legitimo hserede defuncto in beneficio, quod eorum patris fuit suocedat ; sin autem unus e fratribus a domino feudum acceperit, eo defuncto sine legitimo hserede, frater ejus in feudum non suecedit. One brother may succeed to another brother, dying without a lawful heir, in . respect to the estate which was their father's ; but if one ■of them receive his fee from the lord, and die without a iawful heir, the other brother shall not succeed thereto. Frater fratri uterino non suecedit in hsereditate paterna. A brother does not succeed to a maternal brother in a paternal inheritance. Feater uterinus. A brother by the mother's side. Fraudem facere legi. To commit a fraud in the law. LAW GLOSSAEY, 203 FrAunke-ferme. Free-farm. Fraus, dolus, qui fit in contractibus et venditionibus. -Fraud, deceit, whic]! is made in contracts and sales. Fraus dolus vel deceptio. A fraud, trick or decep- tion. , Fraxinetttm. From framnus, an asb. A place wbere asbes grow. , Frea. A female ward. Fredum. A sum paid to tbe magistrate by a person wbo bad injured anotber in order to secure bis protection. It was usually about one-tbird as mucb as be bad previous- ly paid to tbe injured party for a satisfaction. Feedwite. Fritbwite. Sax. See Fredum. Feendlesman. Sax. An outlaw ; to wbom all per- sons were forbidden to give food or sbelter. Frekdwite. Sax. A fine imposed upon one wbo protected or assisted an outlawed friend. Frentike. Frantic. Freoborgh. A free pledge. Sometimes Friborgb. Freoboehesheofed. In Saxon law, a cbief pledge. Tbe title of tbe cbief of a friborgb or decennary. See Francus plegius. Fridhbdegus. ^A species of frank pledge by wbicb tbe lords or cbiefs bound tbemselves for tbe good bebavior of tbeir dependents. Feidstoll. A cbair of peace. Feilazin. One freed from bondage. FEisCAdisseisina. — "Fresb disseisin" — fromFr."/rescAe," late, and "disseiser" to eject. Tbat disseisin wbicb a man migbt formerly seek to defeat of bimself, and by bis own power, without resorting to tbe king, or tbe law : as wbere it was not above fifteen days old, or of some otber sbort continuance. Yide Britfon, c. 5. Frithbote. A fine for breacb of tbe peace. Frithsoke. ^Frithsoken : from Sax. " Fritb," pax and " socne," lihertas. " Surety of defence :" a jurisdiction 204 LAW GLOSSARY. for the purpose of preserving the peace. According to Fleta, " libertas habendi fraud plegii, seu immunitas loci," (the liberty of frank pledge, or the immunity of the place.) Vide Gowell. Blount. Fetjctus industriales. ^Profits, or fruits of industry : as com growing, fixtures, &c. Peumgyld. Sax. The first payment made to the kindred of a person slain, towards the recompense for his murder. Vide LI. Edmund. Feumstoll. ^A chief seat or residence. Feustea fit per plura, quod fieri potest per pauciora. It is useless to do that by many things, which may be accomplished by -few. Feustea legis auxUium invocat, qui in legem committit. " He seeks the aid of the law in vain, who offends against it." He must come into court with clean hands. Feydeeikga, Friihing, Fridung, and Friderung, i. e. expe- ditionis apparatus. " The fitting out of an expedition :" " Going out to war :" or a mihtary expedition at the king's command : the refusal to do which was punished by fine at his pleasure. Vide Leg. Hen. 1, c. 10. Feymth. The receiving a person into one's dwelling and harboring him. Sax. FuAGE. In the reign of Edward, the Third, the Black Prince having Acguitain granted to him, laid an imposition of "ywa^e" upon the subjects of that dukedom, i. e. twelve pence for every fire. Bot. Par. 25 Edw. 3. It is not im-, probable that the hearth-money imposed (16 Car. 2) took its rise from hence. FuEE. ¥r.fuir — ^Lat. fugere. " Flight" ; is used sub- stantively, though it be a verb ; and is two-fold, fuer in "fait," and/wer in "ley," lege: when berog called to the court he appeareth not, which is flight in law. Staunf. PI. Cor., lib. 3, c. 22. FuEEUNT in conquestu liberi homines, qui libere tene- runt tenementa sua per libera servitia, vel per liberas con- LAW GLOSSARY, 205 suetudines. — — There were freemen at the Conquest, who held their tenures by free services, or free customs. FUGACIO. The chase or hunting of wild animals. FuGAM fecit. •" He made flight." Used when it is found, by inquisition, that a person has fled, for felony, &c. FuiT resolve per totam, curiam que action sur le case. It was resolved by the whole court that it was an ac- tion on the case. FuLFEEA. Entirely free, FuLLUM aqu£e. A stream of water. Functus officio. Having discharged the office: or officially dead. FuNDAMUS. ^We found (or establish) ; often used in charters for establishing colleges. FuNDATOR perficiens. ^The endower (or founder). Fundi patrimonales. ^Lands of inheritance. FuECA et flageUum. This was the meanest of aU ser- vile tenures, where the bondman was at the disposal of hia lord for life or limb. Plac. Term. Mich. 2 John, Rot. 7. FuE, A thief FuR manifestus. A thief caught in the act of stealing. FuRCHE. A gallows. FuRBM, si ahter capi non potest, occidere permittunt, They suffer a thief to be MUed if he cannot otherwise be taken. FuRiGELDUM. A fine paid for theft. FuRioSUS solo furore punitur.- "A madman is pun- ished by his own insanity," The law considers that a mad- man suffers sufficiently by his dreadful malady, without inflicting punishment for those acts committed when de- prived of his reasoning powers. FuRTUM lege naturali prohibitum est, Theft is for- bidden by the law of nature. FuRTUM non est casus fortuitus. Theft is not a chance case, (accidental or xinpremeditated.) 206 LAW GLOSSARY. FuETUM Hon manifestum. " The theft does not ap- pear." It is not discovered. FuTUEos casus providendos. That fature catises be provided for. FuTTF. A fugitive from justice. Fted. An army. NOTES TO- F. Factor armorum eesaltom. — One of the English Historians observes, that immediately preceding the Conquest, the art ot" working in iron and steel had ai'rived at such a state of improvement, that even the horses of some of the Chief Knights and Barons were covered with steel and iron armor. Artificers, who wrought in iron, were so highly regarded, in those warlike times, that every officer had his Smith, who constantly attended his person to keep armor in order. The Chief Smith was, it is said, an officer of considerable dignity in the court of the Anglo-Saxon and Welch Kings, where he enjoyed many privileges ; and his Waregild or Weregild, i. e. a fine payable by any person who murdered him, was much higher than that of any other artificer. In the Welch court the King's Smilh sat next to the Domestic Chaplain, and was entitled to a draught of every kind of liquor which was brought into the Hall — a privilege which many of our artificers of the present day would not think lightly of. Tide Lardner^s Encyclopcedia. See, also, note to " Mindeni ffomines." Feloxia. — A Law Term, including generally all capital crimes ielow that of treason. Vide 4 Comm. 98. This word appears to be of 'Feudal origin ; but authors differ as to its derivation ; some derive it, fancifully enough, from "felos," Gr., an impostor ; from /alio, Lat, to deceive ; and Coke says it is crimen felleo animo perpetratum, a crime done with a malicious intent. All, however, agree, that it is such a crime as occasions a forfeiture of the offender's lands or goods : this, therefore, gives great probability to Spel- man's derivation from the Teutonic, or German, "Fee," that is, a feud, or fief, and "Ion," price, or value. Feopfamentum. — Among the Eomans, if the question was about a farm, a house, or the like, the PrEetor anciently went with the parties (cam liii- gantibus) to the place, and gave possession to which he thought proper. But, from the increase of business, this soon became impracticable ; and then the parties called one another from court {ex jv/rei to the spot, {inlocum, vel rem presentem,) to a farm for instance, and brought from thence a turfj (gkbam,) vide Festus ; and contested about that, as though it were the whole farm. It was delivered to the person to whom the Froeior adjudged the But this custom was also dropped, and the lawyers devised a new form of process for suing for possession, which Cicero pleasantly ridicules. Vide Cic. pro Mur. 12. The plaintiff thus addressed the defendant, "Fundus qui est in agro, qui Sabinus vacatur, eum ego ex jure Quiritiv,m mewm esse aio, inde ego ie ex jure manu conserlum," i. e. "the land situated in the country, called Sabinus, that, I affirm, belongs to me by the Roman laws ; for thja reason, therefore, I contest the matter according to law." If the defendant LAW GLOSSARY. 207 yielded, the Proetor adjudged possession to the plaintiff. If not, the defend- ant thus answered the plaintiff, " Unde iu me ex jure manum consertum vocasti, inde ibi te revoco." "Why do you call me into law; from this situation and place I refer the matter." Then the Praetor repeated his set form, " TJtirivs- que supersiitibus prcesentibtis,'" (i. e. testibus prcesentibus,) i. e. " the witnesses on both sides being present." " Mam viam dico ; Inite viam." " I say this way. Go your way." Immediately they both set out, as if to go to the farm to fetch a turf, accompanied by a lawyer to direct them. Then the Preetor said, '• Reddite viam'' Return ; upon which they returned. If it ap- peared that one of the parties had been dispossessed by the other through force, the Prcetor thus decreed, " Unde tu ilium dejecisti, cum nee vi, nee clam, nee praecario possideret eo iUwm. Resliiuas jubeo," i. e. "why have you ejected him ; for he has not possessed the estate by force nor fraud, nor by petition. I ordain that you restore it." If not, he thus decreed, Uii nunc possidetis, d-c , i. e. retain (the possession) as you now enjoy, &c. The pos- sessor being thus ascertained, the action about the right of property {de jure dominii) commenced. The person ousted first asked the defendant if he were the lawful possessor. Then he claimed his right, and in the meantime re- quired that the possessor should give security not to do any damage to the subject in question {ne nihil deteriv4 in possessione factwmn) by cutting down trees, demolishing houses, &o. Thus the student wiU perceive that the practice of livery and seisin clearly appears to be a relic of Roman jurisprudence. Tide 2 Black. Comm, 315, 316. The giving of a glove was, in the middle ages, one of the tokens of investiture in bestowing lands and dignities. In A. D. 1002, two Bishops were put in possession of their sees, each by receiving a glove. So in Eng- land, in the reign of Edward the Second, the deprivation of gloves was a ceremony of degradation. With regard to the shoe, as a token of investi- ture, Castell. Lex. Polyg., col. 2342, mentions that the Emperor of the Abys- sinians used the casting of a shoe as a sign of dominion ; see, also. Psalm 60. To these instances the following may be added: Childeberi the Second, was fifteen years old when his uncle declared he was of age, and capa^ ble of governing himself. "X have put," says he, "a Javelin in thy hand, as a token that I have given thee my kingdom," and then, turning to- wards the assembly, added, " Tou see that my son Ghildebert has be- come a man. Obey him." Vide Montesquieu's Spirit of the Laws, vol, L 361. Feeea elbotion. — This is still the law in England, where a person sues "in forma pauperis;" but the last time it was requested to be put iu ex- ecution by a defendant, or his counsel, the Judge who tried the cause very humanely, but laconically, replied, " / have no officer to do the duty." Peudum. — Peuds, or Fees, were enjoyed in' England by the followers of the Conqueror ; but as these new proprietors were in danger of being dis- turbed by the remainder of the ancient inhabitants, and in still greater danger of being attacked by other invaders, or petty Lords, tliey saw the necessity of coming under strong obligations to protect the community, for their mutual preservation. We can trace back this obligation on the pro- prietors of land to a very early period in the history of the Franks. Chil- derio, who began his reign A. D. 562, exacted a Fine, " bannos jussit ezegi," (i. e. he ordered fines to be levied;) from certain persons who had refused to accompany him in an expedition. Vide Gfregor. Twron. lib. 5, c. 26, p. 211, Childebert, who began his reign A. D. 576, proceeded in the same manner against others, who had been guUty of a like offence. Ibid., lib. 1, c. 42, p. 342. Such a fine would not have been exacted whilst property remained ia its first state, or as allodial property, when military service was entu'ely voluu- 208 LAW GLOSSAET. tary. Notwithstanding the almost general prevalence of these Fmds, no doubt many estates were aUoddal in every respect. — The clearest proof of the distinction between allodial and heneficia/ry possessions is contained in two charters published by Mwratori, by which it appears that a person might possess one part of his estate as attodial, which he could dispose of at pleas- ure ; and the other as a ienefioiary, or a fmd, of which he had only the usvifrucf ; the property returning to his superior lord on his demise. Vice Antiq. Ital. medii ceoi, vol. i. p. 559, 565. The same distinction ia pointed out in a GwpiMawe of GMrUmagm, A. D. 812. Edit. Bal, vol. i. p. 491. Count Everard, who married a daughter of Louis le Debonaire, in the will, by which he disposes of his vast estates among his children, distinguishes between what he called "proprieiate," or oModial, and what he held " tene- ficio,^' or as a feud; and it appears, that the greater part was allodial, A. D. 837. Vide Aid. Mirmi opera Diplomaiica, Lovan. 1723, vol. 1 p. 19. When allodial possessions were first rendered feudal, they were not at once subjected to s^H the feudal services. The transition here, as in all other things of importance, was gradual, as the great object of a feudal vassal was to obtain protection. When allodial proprietors first consented to become vassals of any powerful leader, they continued to retain so much of their ancient independence as was consistent with that new relation. The hom- age they did to the superior of whom they chose to hold, was called " JBbm- agium planum,'''' (Simple Homage,) and bound them to nothing more than Fidelity, but without any obligation either of military service, or attendance in the courts of their superior. Of this " Homagiv/m planum,^' some traces, though obscure, may still be discovered. Brussel, torn. 1, p. 97. Among the ancient writs, published by D. D. De "Vie, and Yaiseite, Hist, de Langued. are a great many which they call" Sbmaja." They seem to be an inter- mediate step between the " Homagivm planum,'" mentioned by Brussel, and the engagement to perform certain feudal services. The one party promises protection, and grants certain lands ; the other engages to defend the person of the grantor, and to assist him likewise in defending his property, as often as he shall be summoned to do so. But these engagements were accom- panied with none of the feudal formalities ; and no mention is made of any of the other feudal services. They appear rather to possess the nature of a mutual contract between equals, than the agreement of a vassal to per- form services to his superior lord. Vide Preuves de I'Hisi. de Long., torn. 2, 173, et passim. As soon as men became, iy degrees, accustomed to these, the other feudal services were (perhaps gradually) introduced. We may, from the whole, therefore conclude, that as 'a&diar property often subjected those who possessed it to serve the community, so Feuds, Fiefs, or Benefkia, subjected such as held them to personal services and fidelity to hirii from whom they received theu- land, or from whom they held it, to be protected as before mentioned. PiDBi OOMMISSA. — Sometimes, among the Romans, a man left his property in trust {fidei committebat) to a friend, on certain conditions ; particularly, that he should give it up («< restitueret, vel redderet) to some person or per- sons. Whatever was left in this manner, whether the whole estate, or any one thing, as a farm, , et ob alia negotia publica bellum, pacem, judicia," &c. — i. e. " but rather for the making magisterial laws, for those about to be created, and for other public affairs, such as war, peace, judgments," &c. Thus, was the private disposition by testament of the property of an individual promulged and ratified, in the same manner as a public law ; and for this reason, the "testamenti f actio " has, in the text of the imperial law, been said to be ruoii privati, sed publici juris — i. e. " not of private, but of public right." And again, by Ulpian, it is said, " legatum est, quod legis modo testamento relinqtdiur." Vlp., tit. 24, § 1 — i. e. " it is appointed, that, in this form of a will, he gives up what is required by the law." Another form of testament which existed antecedently to the law of the Twelve Tables, was that called " testamentum procinctum," which was the privilege of those who were on the eve of going to battle, or " girt " for war, with the uncertainty on their minds, of their ever returning ; and was among the immunities, in regard to property, conferred by the Bomans on the de- fenders of their country. LAW GLOSSARY. 229 But, as the Comitia was held hut twice a year, and as a man might be surprised by sickness, without having the opportunity of thus solemnizing his last will; and the attendance upon their public assemblies was often diiSoult, or impossible to the aged and infirm ; and, furthermore, as women were, by their forms, precluded from making any testament, as not having any communion witli these " Comitia" (according ib Gellius, lib. 5. c 19,) a third method was struck out, which might facilitate the ultimate disposal of private property to ali descriptions of persons ; and this last method was called the " testamenium per oes ei lihram — i. e. "the testament made by money and balance," which was a fictitious purchase of the family inherit- ' auce, or heirship, by money weighed in a balance, and tendered to the intend- ed inheritor of the testator, before witnesses. [The weighing of the pur- chase money appears to be very ancient. Vide Gen. xxiii. 16.] Thus, it is said to be " Imago vetasti maris in venditione atque alienations rerum mancipi, qtue uno verba, mancipaiio dicitur, nimirwm vt is in quern hce res transferebantur, eas emeret domino are et libra appenso ei numma uno" — L e. "the form of ancient usage in the sale and aUenation of disposable prop- erty, which is termed in one word ' conveyancing,' to wit, that he to whom the property is transferred, should buy the same from the owner by brass, weighed out for him by balance, in moneys only," And, it seems, that this fictitious proceeding was still retained after the promulgation of the law of the Twelve Tables had authorized the making of wills by the clause of "Pafer/om, lUi legassit, dec, ita jusesio" — L e. "as the master of the family chooses to do, &c., let that be the law;" for it was stiU considered as neces- sary to raise the wiU of a private man to a level with tlie laws of the state, that it should take the shape of a strict legal transaction " inter vivos ;" for testandi depecunia sua legibus ceriis facuUas estpermissa, rum aidem juris die- tianis mutare formam, vel juri publico derogare cuiquam permissum est;" c S. 23, 13 — i. e. " the power of disposing of his property is permitted by certain laws, not, however, to alter the form of the language of the law, nor is it permitted to subtract anything from a public right (or law.") The two for- mer methods were thrown into total disuse by the " testamenium per ass et Hbram ;" but this last mode of willing, again made way for others of a more convenient description. The methods above mentioned were referable to the " Jus Civile," or, as we express it, the law of the land ; but, from the edict of the JPrcetor, other forma, at lengtli, were brought into practice, by virtue of which "jvs hono- rarium" the " mav^ipatio," and the weighing and delivering of money was dispensed with ; and, in their stead, the solemnity of signing by seven wit- nesses, was introduced, t]is presence only, and not the signature of the wit- nesses, being necessary by the " Jus Civile." At length, however, by gradual use, and progressive alterations, as the tert of Justinian informs us, the " Lex Pratoria," and the " Jus Civile," were, in some degree, incorporated ; and a compounded regulation took place, whereby it became requisite to the valid constitution of a will, that the witnesses should be present (the presence of witnesses being the rule of the '^ Jus Civile,") that they, and also the testator, should sign, according to the superadded institutions of positive law ; and, lastly, that in virtue of the Prmtorian edict, their seals should be aEBxed ; and that the number of wit- nesses should 1)0 seven. Afterwards, the further ceremony of naming the heir in the testament was added by Justinian, and again taken away by the same Emperor, and, at length, the excess of testimony was corrected by the Canon law, in the Pontificate of Alexander the Third, by which it was de- clared sufficient to prove a testament by two or three witnesses, the parochial minister being added, " imprabata constUutione jwris civilis de septem testibus adhibendis et nimis kmge recedente db eo quad scriptum est, in are duorwm vel irium tesiium stet omne verbum." Tide Swinb. 64, Duet. c. 18, Matt. u. 18 — i. e. "that is very &r removed from the constitution of the civil law as to 230 LAW GLOSSAEY. the produciug of several witnesses according to that which is written, in the mouth of two or three witnesses every word shall be established," which information obtained the sanction of general usage. SwinTmrn says that "this institution had also been reformed by the general custom of the realm, which distinctly required no more than two witnesses, so they were free from any'just cause of exception," which observation he repeats in several places of his treatise on wills. Bracton has also the following passage — '' Fieri au- tern debet testamentum liheri Iwrrdrds ad minus coram duohus vel phribus viris legalibus et honestis, clericis ml laicis ad hoc specialiier cormocaiis, ad proban- dum testamentum defuncti si opusfuerit, si de testamento dubitaias." Brac- ton, lib. 32, fol. 61, — i. e. "the testament of every freeman should, at least, be made before two or three good and honorable men, assembling with them, for this special purpose, some of the clergy and laity, to prove, if there be necessity, the will of the deceased, if there be any doubt relating tliereto." But these words import a recommendation, and not an imperative rule. Un- til of late years, however, wills of personalty were made without the requi- sites anciently observed. Students, who require particular information on this point, may consult the valuable works of Boper, Swinburn, Roberts, and PoweU. HiERETico OOMBURBNDO. — This Writ formerly lay against a Beretic, who had been convicted of Heresy, by the Bishop, and afterwards abjured it, fell into the same again, or some other heresy ; and was thereupon delivered over to the Secular power. Vide Mtz. N. B. 69. By this writ, grantable out of Chancery, Heretics were burnt ; and so were, likewise, witches, sor- cerers, &c. Thanks to the general intelligence of the present day, this writ " hareiico comburendo," is only known in name. "Wo can only say " such things were." However, it now appears to us a matter of astonishment, that human reason could ever have been so far degraded, especially under the mUd precepts of Christianity. Hamsooa, &o. — This means the privilege or liberty which every one has in his own house ; and he who invades it is properly said to commit " Home- soken." This we take to be what is now called Burglary. Vid. Bract, lib. 3, Du Gange Leg. Canuti, c. 39. It is also sometimes taken for an impunity to those who commit burglary. Tide W. Thorn., p. 2030. In the Scotch law, " Haimsucken" is defined to be the crime of beating or assaulting a person in his own house, and was anciently punished with death. Vide Bele's Scotch Law Did. HiKDENi Homines. — In the time of the Saxons all men (among them) were ranked into three classes, and valued as to satisfaction for injuries, ftc, according to the class they were in : the highest class were valued at twelve hundred shillings, and were called Twelfth hind ; the middle class were val- ued at six hundred shillings, and were called Sex hind men ; and the lowest at two hundred shilhngs, and called Twy hind men ; their wives were termed Hindas. Vide Brompt. Leg. Alf., cap. 12, 30, ,31. HiNE — or, rather, perhaps, " Hke." A servant, or one of the family; but is properly a term for a servant in husbandry ; and he that oversees the rest was called the "Master Hine" His DAMifARi REOS, &c. — It was anciently the custom with the Romans to use white and black pebbles (lapilli, vel calculi), in voting at trials, "mos erai aniiquis niveis atrisque lapiUis" — i. &. "it was a custom (to vote) with white and black pebbles." "His damnare reos, illis absolvere culpa" — i. e. "by these the accused. are condemned, by these they are acquitted." Ov. Met. xv. 41. Hence the expression, " Causa paucorum calcuUyrum," a cause of small LAW GLOSSARY. 231 importance ; ■where there were few judges to vote. Quinct. viii. 3, 14. " Omr nis caicMlus immittem demittiiwr ater in urnam," meaning "he ia condemned by all the judges." Ov. Met. xv. 44. "Beporiare cakulum deieriorem," to be condemned; "meKorem," to be acquitted. Corp. Juris — " Errori aUmm ccUculum a^icere," meaning to pardon or excuse. Vide Plin. Ep, i. 2. To this Horace is thought to allude. Sat. ii. 3, 246. " Cretd an carbom no- tandi?" i. o. "are they to be acquitted, or condemned?" and Pera. Sat. y. 108 ; but more probably to the Soman custom of marking in their calendar unlucky days with black [carbone), with charcoal, whence "dies oin," for " infausti" i. e. unlucky days, and lucky days, marked with white (cretd vel cressd noid), with chalk. Hence, "notare, vel signa/re diem looted gemmd vel albd meUorihus lapiUis; vel aliis calcidis," meaning to mark a, day as for- tunate. Mart. viii. 45, ix. 53, xi. 37. This custom is said to have been bor- rowed from the I'hracians, or Scythians, who, every evening before they slept, threw into an urn, or quiver, a white pebble */ the day had passed agreeably ; but if not, a black one : and at their death, by counting the peb- bles, their lives were judged to have been happy, or otherwise. Vide Flin. viL 40. To this Martial beautifully alludes, xii. 34. The Athenians, in voting about the banishment of a citizen who was suspected to be too powerful, used shells, on which those who were for banishing him wrote his name ; and threw each his shell into an urn. This was done in a popular assembly ; and if the number of shells amounted to six thousand, he was banished for ten years by an Ostraoism. Nep. in Themisl. 8, Arrist. Biodorus says the banishment was for^TO years only, xi. 55. When the number of judges who condemned and those who acquitted were equal, the criminal was dis. charged, (vide Oic. Oluent. Vl. Plut. in viario) oalculo Minervce; by the vote of Minerva, as it was called; because when Orestes was tried before the Areopagus at Athens for the murder of his mother, he was acquitted by the determination (senientid) of that goddess. Vide Oic. pro Mil. 3, &c. In al- lusion to this, a privilege was granted to Augustus, if the number of thejudices was but one more than those who acquitted, of adding his vote to make an equality ; and thus of acquitting the criminal. Vide I>io. li. 19. While the judices were putting the ballots in the urn, the criminal and his friends threw themselves at their feet, and used every method to move their com- passion; and very frequently the greater the degree of turpitude with which the criminal was tainted, the more abject and earnest were his suppli- cations ; while the man of stern inflexibihty scorned to act so meanly ; and was, on that account, the more hable to condemnation by his undiseeming judges. When there was any obscurity in the case, and the judices were uncer- tain whether to condemn or acquit the criminal, they expressed this by giving in tablets, on which the letters N. L. were written, and the Prcetor, by pro- nouncing " Amplius," — i. e. "a longer time," the cause was then deferred to any other day the Prcetor chose to name. This was called " Ampliatio,^' — i. e. "an adjournment," and the criminal, or cause, was said "ampliari" — i. e. "adjourned," which sometimes was done several times, and the cause pleaded each time anew. Oic. Brut 22. "Bis ampliatus, tertia, absoVutus est reus." Liv. xUii. 2. — i. e. " Twice and thrice adjourned, the accused is discharged." Oav^a L. Oottm, septies amipliata, et ad ultimum octavo judicio absoluta est Val. Max. viii. — i. e. "The cause of L. Cotta was adjourned seven times, and, at length, on the eighth verdict, he was discharged.'" Sometimes the Proitor, to gratify the criminal, or his friends, put off the trial, till he should resign his office ; and thus not have it in his power to pass sentence against him. Liv. xli. 22. If the criminal was acquitted, he went home and resumed his usual dress {sordido habitu posito, albam togam resumebat) — i. e. "throwing off his mean garb, he put on the white gown or robe." If there was ground for it, he might bring his accuser to a trial for false accusation {calumnice"), i. e. for detraction, or for what was called " prevaricatio," i. e. betraying the cause of 232 LAW GLOSSARY. one's client, and by neglect or collusion in assisting his opponent, [Oic. Topic, 36. PUn. Ep. i. 20, iii. 9, QuincUl ix. 2,) which were considered among the Romans moat odious crimes ; but to the immortal honor of that nation, the oflfenoe was not even mentioned to hare arisen for several hundreds of years! Homines libeei. — These were persons employed, it is said, chiefly in ajr- riculture, and were distinguished by various names among the writers of the middle ages. Arimanni; Conditionales ; Originarii; Tributales, &c. These seemed to have been persons, who possessed some small allodial property of their own ; and besides that, frequently cultivated some farm belonging to their more wealthy neighbors, for which they paid a fixed rent, and lilce- wise bound themselves to perform several small services " in prato, vel in messe, in aratwra, ml in vinea," such as ploughing a certain quantity of their lord's ground, assisting him in the harvest, and vintage work, &c. The clearest proof of this may be found in Murat. vol. i. p^ 112, and in Du Oange, under the respective words above mentioned. Whether these Arimanni, &c., were removable at pleasure, or held their lands by way of lease for a certain number of years, it is difficult to ascertain ; the former, if we may Judge from the genius and maxims of the age, seems to be the most probable. These persons were, however, considered as "homines lileri," or freemen, in the most honorable sense of the word : they enjoyed all the privileges of that condition ; and were even called to serve in war, an honor to which no slave was admitted. Vide Murat. Antiq. vol. i. 743, et vol. ii. 446. This account of the condition of these diflferent classes of persons will enable the student to comprehend the wretched state of the majority of the people in the mid- dle ages. Notwithstanding the immense difference between the "Servi," or slaves, and these Arimanni, &c.', such was the spirit of tyranny which pre- vailed among the great proprietors of land, and so various their opportuni- ties of oppressing with impunity those who were settled on their estates, and of rendering their condition almost intolerable, that many freemen in despair renounced their liberty, and volunian-ily surrendered themselves as slaves to their powerful masters, This they did in order that these masters might become, in those warlike times, more immediately interes,ted to afford them protection, together with the means of subsistence for themselves aud their families. The forms of such a surrender (or " Obnoxiatio," as it was then called) are preserved by MarciAphiiS, lib. ii., e. 28 ; and in the collection of Formulae compiled, by him, o. 16. The reason given for the " Obnoxiatio," is the wretched and indigent condition of the person who gave up his liberty. It was still more common for freemen to surrender their Uberty to Bishops and Abbots, that they might partake of that security which the vassals and slaves of churches and monasteries enjoyed, in consequence of the supersti- tious veneration paid to the Saint, under whose immediate protection they were supposed to be taken. Vide Su Oange, voe. " Oblatus," vol. iv. 1286. That condition must have been miserable, indeed, which could have induced a Freeman voluntarily to renounce his liberty, and give up himself as a slave to the disposal of another. The number of slaves in every nation oi Europe was immense. The greater part of the inferior class of the people in Eng- land, and also in France, was at one time reduced to this state. Vide Brady's Preface to Gen. Hist. ; also L'Bspr. des loix, liv. 30, c. 11. Homo mbecatob, &c — ^The odium with which the Monkish Clergy looked upon those engaged in trafBc was the cause of this illiberal sentence. Ignorant of almost all the social and endearing duties of life, and interpret- ing the greater part of the scriptures by their own narrow prejudices, and frequently from isolated passages, they condemned mercantile pur- suits altogether; and considered it impossible that any one could be honest, who was so engaged; and much is it to be regretted that the least sparh of this oiSum should, even at the present day, exist among many LAW GLOSSARY. 233 of those whose only merit consists in their primogeniture to great landed proprietors, or the accidental circumstance of being born of opulent parents. HospiTiLAEii — HospiTAiLERS. — These were Knights of a Religious order, so called, because they built an Hospital at Jerusalem, wherein pilgrims were received. To these Pope Clement transported the Templars ; which order ho afterwards repressed for their many great offences. The institution of this orcjer was first allowed by Gelasus the Second, Anno 1118. Their chief abode was afterwards in Malta, an Island given them by the Emperor Charles the Fifth, after they were driven from Rhodes by Solyman the Magnificent, Emperor of the Turks ; and for that they were called " Knights of Malta.''' Vide Mon. Aug., 2 par. 489, et Stowe's Ann. Hotchpot. — This word comes from the Fr. " Ebtchepoi," used for a con- fused mingling of divers things, and, among the Dutch, it seems flesh cut Into pieces, and sodden with herbs and roots ; but, by a metaphor, it is a ilending, or mixing of lands given in marriage with other lands in fee, falling hy decent ; as if a man seised of thirty acres of land in fee, hatli issue only two daughters, and he gives with one of them ten acres in marriage, and dies seised of the other twenty acres : now she that is thus married, to gain her share of the rest of the land, must put her part given in marriage into Hotchpot, i. e. she must refuse to take the sole profits thereof and cause her laud to be mingled with the other, so that an equal division may be made of the whole between her and her sister, as if none had been given to her ; and thus, for her ten acres, she will have fifteen ; otherwise the sister will have the twenty acres of which her father died seised. Yide Co. Liu. 3, cap. 12. HuTESiUM ET CLAMOR. — Hue and Cry. Shouting aloud. The Normans had such a pursuit, with a Cry after offenders, which was called " Glamor de haro." Vide Grand Custumary, c. 54. But the Glamor de haro seems not to have been a pursuit after offenders, but rather a challenge by a person of anything to be his own ; after this manner, viz. : he who demanded the thing, did, '^with a laud voice," before many witnesses, affirm it to be his property, and demanded restitution. This the Scots called "Sutesium," and Skene says it is deduced from the French " Oyer," i. a. Audire, to hear, (or rather Oyez,) being a cry used before a proclamation. The manner of their Bue and Cry he thus describes : " If a robbery be committed, a horn is blown, and an outcry made ; after which, if the party flee away, and doth not yield himself to the King's Bailiff, he may be lawfully slain, and hanged upon the next gallows. Vide Skene in veri. "Hutesiura." In Bot. Glaus. 30, Sen. 3, 5, we find a command to the King's Treasurer to take the City of London into his own hands, because the Citizens did not, secundum legem et consue- tudinem regni," according to the law and custom of the realm, raise the " Hue and Cry " for the death of Guido de Aretto, and others who were slain. Hue and Cry is likewise defined to be the pursuit of an offender from town to town, without any delay, until he be arrested. . Htde Lands. — The Hyde of Land is often used in ancient MSS. ; and in one old MS. it is said to be one hundred and twenty acres. Bede calls it " Familiaan," and says it is as much as will maintain a Family. Others call it J£answm, Causatam, Carucallam, SvMingham, &c. Crompton, in his Juris- diction, says a Hyde of land contains one hundred acres ; and eight hides make a Knight's Fee. But Sir Edward Coke holds that a Knight's fee, a hide, or plough land, a yard land, or an ox-gang of land, do not contain any certain number of acres. Co. Liit., fo. 69. The distribution of England by Hides of land is very ancient, for there is mention of them in the Laws of King Ina. 234: LAW GLOSSARY. I. Ibi esse poena, ubi et noxia est. Where tlie offence exists, let there be the punishment. ICTUM avertere. To ward off the blow. Ictus fulminis. A stroke of lightning. Id certum est, quod certum reddi potest. " That is certain which can be rendered so." Thus, where a man borrows the cash which a certain quantity of stock realizes on the day he receives the money ; and covenants to replace the same quantity of stock on a defined future day — ^this is a contract certain ; because it can be ascer- tained to a demonstration on the day the money becomes payable. Ideo allegatur per judicium coronatorum. Therefore it is alleged by the coroner's inquest. Ideo committitur. Therefore he is committed. Ideo consideratum est quod computet ; et defendens m misericordia, &c. Therefore it is considered that he ac- count ; and that the defendant be in mercy, &c. Ideo consideratum est quod convictus sit. Therefore it is considered that he be convicted. Ideo consideratum est quod in manu sua Iseva cauterize- tur.' Therefore it is considered that he be burnt in his. left hand. Ideo consideratum est quod prsedict' quseren' et pleg' sui de prosequend' sint inde in misericordia. Therefore it is considered that the said plaintiff and his pledges to prose- cute be from thenceforth in mercy. Ideo consideratum est quod prsedictus W. 0. de utlaga- ria prsedicta exoneretur, et ea occasione non molestatur in aliquo, nee gravetur ; sed sit et eat quietus. Therefore it is considered that the aforesaid W. 0. be exonerated from the said outlawry ; and on that account that he be LAW GLOSSARY. 235 not in any manner molested nor aggrieved, but tliat there- fore he be and go discharged. Ideo immediate veniat inde jurata. Upon which therefore the jury may immediately come. Ideo mihi restat dubitandum. Therefore I must re- main in doubt. Ideo prseceptum est vie' quod per probos homines, &c., BC. fa. quod sit hie, &c. Therefore it is commanded that the sheriff, by good (or lawful) men, &c., make known that he be here, &c. Ideo prseceptum fuit Vicecomiti quod exegi faciat eun dem T. G. de comitatu in comitatum, &c. Therefore the sheriff was commanded that he cause the same T. G. to be exacted (or demanded) from county to county. Ideoque si mulier, ex qua posthumus, aut posthuma sperabatur, abortum fecerit, nihil impedimentum est scrip- tis heeredibus ad hsereditatem adeundam. Therefore if the woman from whom a posthumous son or daughter was expected, produce an abortion, that is no impediment to the heirs (appointed) in writiag from succeeding to the in- heritance. Ideota a casu, et infirmitate. An idiot from chance and infirmity. Ideo utlagatur. Therefore he may be outlawed. Idonei atque integri homines. Substantial and honest men. Idoneus testis. A good (or sufficient) witness. Id quod nostrum est, sine nostro facto, ad alterum trans- ferri non potest. Facti, autem nominis, vel consensus, vel etiam delicti intelligitur. That which is our own prop- erty cannot be transferred to another except by our own act. But it is considered this may be done by deed, title, consent, or even by (the commission of) a crime. Id tenementum dici potest " Socagium." That tenure may be called " Socage." Ignitegium. The curfew bell. 236 LAW GLOSSARY. Ignoramus. "We are ignorant." A word written on a bill of indictment when the evidence is insufficient to put the accused on his trial. Ignorantia facti excusat. "Ignorance of the fact excuses." As if an illiterate man sign a deed which ia read to him falsely, the same shall be void. Ignorantia juris non excusat. Ignorance of the law excuses no person, Ignorantia juris, quod quisque tenetur scire, neminem excusat. Ignorance of the law, which every one is bound to know, excuseth no one. Ignorantia legis non excusat. ^Ignorance of the law does not excuse. Ignoranti assecuratore. The assurer being ignorant. Ignoscitur ei qui sanguinem suum quahter redemptum voluit. " He is pardoned who would in such a manner ransom his own blood," — i. e. That person who kills an- other in defence of his own life shall be acquitted. Ignotum per ignotius. A thing unknown by some- thing more unknown. Ignotum tibi tu noli prjeponere notis. Do not give ' the preference to what is unknown to you, to that which you are satisfied of. Il conviendroit quil fust non mouable, et de durie a tou- jours. It was proper that it should be immovable, and of long duration. Il' covint aver' avec luy xi maynz de jurer avec luy, sc' que ils entendre en lour conciens que il disoyt voier. It was necessary to have with him eleven compurgators, to swear with him that they conscientiously believed he spoke the truth. Vide note to Compurgatores. Il est impossibile de concevoir un contrat sans le con- sentement de toutes les parties. Mais il n'est pas n6cessaire que les volent^s des parties concurrent dans le meme in- stant ; pourou que le volenti soit declar^e avant que I'autre ait revoqu6 la sienne, la convention est valablement for- LAW GLOSSARY. 237 mee. It is impossible to conceive of a contract ■without tte consent of all the parties. But it is not necessary that the consent of the parties should be simultaneous ; provided that the consent be declared before the other party has made his revocation, the agreement is vahd. Il fuit juge par le parlament de Paris, que I'ordonnance n'avoit point liens d'autant qu'elle ou ad litis decisionem, It'was decided by the parliament of Paris, that an or- dinance should be of no effect, unless it tended to the decision of the suit. Illa sit, ut dif&cilis sit ejus prosecutio, That may be, as its prosecution may be difficult. Ille honore dignus est, qui se, suae legibus patriae, et non sine magno labore et industria, reddidit versatum. He deserves reverence, who with much labor and industry has rendered himself conversant with the laws of his coun- try. Ille qui tenet in villenagio, faciet quicquid ei prsecep- tum fuerit, nee scire debet sero quid facere debet in cras- tino ; et semper tenebitur ad incerta. He who holds in viUenage shall perform what he shall be commanded ; nor is it necessary that he should know in the evening what he should perform on the morrow ; and he shall be always held (to perform) uncertain services. Illicite, diabolice, nequiter, et malitiose conspiravenmt. They conspired devilishly, wickedly and maliciously. Illicees. There. Illonques. There. Illis autem qui communiam tantum habent in fundo alicujus, aliud remedium non competet, nisi admensuratio. No other remedy is proper, but an admeasurement for those who have a commonalty in the land of another person. Illud dici potent foedum militare. That may be called a Knight's fee. Illud enim nimiae libertatis indicium, concessa totiea impunitas non parendi ; neo enim trinis judicii consessibua 238 LAW GLOSSABY. pcenam perditee causae contumax meruit. For it is a sign of too much liberty, -when disobedience to appear (ia court) so frequently passes with impunity ; nor did the contumacious party deserve the penalty (only) of a lost cause, three days for judgment being allowed. Illtjd ex libertate vitium, quod non simul nee jussi con- veniunt, sed et alter, et tertius dies cunctatione coeuntium absumiter. 'That vice arising from liberty, because they do not meet together when commanded ; for both the sec- ond and the third i day is consumed by the delay of the members. Illuminare.-^ — To illuminate. To draw in gold and silver the initial letters and the occasional pictures in MSS. Yid. Brompton svb Anno. 1076. Those persons who prac- ticed this art were called " lUuminaiores," whence our word " Zdmnersy Vide note to " AUuminor." Il n'pas per mis decouferer, ou de negocier avec les enemis del etat. It is not permitted to disclose (secrets) or to negotiate with the enemies of the state. Il pent cependant ^tre laiss^ d' I'arbitrage d'untiers, si le tiers ne veut ou ne pent fair I'estimation il n'y a point de vente. It may, however, be left to the arbitration of a third person ; but if the third person will not, or cannot, make the valuation, it is no sale. Imbladeb. ^To sow grain. Immensus aliarum super alias acerbatarum legum cumu- lus. A huge pile of severe laws upon laws heaped one upon another. Immiscebe. To mingle or meddle with a, thing. Immodeeate suo jure utatur, tunc reus homicidii sit. He who excessively uses his own right may be guilty of homicide. Impaecabe. To shut up. Imparlance. A time panted by the court for the defendant to plead. Imparlance est quando ipse defendens petit licentiam LAW GLOSSAKY. 239 interloquendi, so. quant le defendant desir le 6our de doner ^ luy temps de pleader al suit ou action que est commence vers luy. Imparlance is when the defendant asks leave for interlocution, that is to say, when the defendant re- quests the court to grant him time to plead to the suit or action which is commenced against him. Vide note. Impaesonee. He who is inducted into a benefice. Impediens. A defendant, or deforciant. liiPENSiE. Expenses. Imperator solus et conditor et interpres legis existima- tur. The Emperor alone is considered the founder and interpreter of the law. Imperium in imperio. " One government within another ;" which has been wittily expressed, " A power be- hind the throne." Some power acting irresponsibly within the government, but not always discernible. Impeteee. To impeach — to sue — ^to attach. Impierment. Injuring or prejudicing.- Implacitasset quendam, &c. He should have im- pleaded a certain, &c. Imponere. To impose. Impotentia excusat legem. ^Inability avoids the law. Impeimatue. (Let it be printed.) A permission to print a book which it was necessary at one period to ob- tain. Imprimis autem debet quilibet, qui testamentum fecerit, dominum suum de meliori re quam habuerit recognoscere ; et postea ecclesiam de alia meliori. ^For, in the first place, each person in making his will should acknowledge his lord entitled to the best chattel- which he had ; and the church to the next best. Vide Herriettum. Impruiamentdm. The improvement of land. Impueis manibus nemo accedat curiam. Let no one come to court with unclean hands. In adjudicatione executionis. In adjudging of the execution. 240 LAW GLOSSARY, In adjudicatione executionis judioii. In the adjudg- ing execution of the judgment (or decree). Lsr adjudicatione executionis super recognitionem. In adjudging execution upon the recognizance. In sequali jure, vel injuria, potior est conditio defenden- tis. In equal right, or wrong, the defendant's situation is preferable. In seqnilibrio. ^In equal balance : of equal weight or importance. In alieno solo. ^In the land of another. In antea. Henceforward. In aperta luce. In open day. In arcta et salva custodia. In close and safe custody. .In articulo mortis. At the point of death. In autre droit. In right of another. In banco Regis. ^In the King's Bench. In bonis, in terris, vel persona. In goods, lands, or body. In Britannia tertia pars bonorum decedentium ab intes- tato in opus ecclesiae, et pauperum dispensanda est. ^In England, a third part of the goods of persons dying intes- tate shall be applied for the use of the church and poor. In capita, propter honoris respectum; defectum: prop- ter affectum ; vel propter dehctum. Challenges to the polls of a jury, either on account of respect (as to a noble- man), or from a defect of birth (as an alien, &c.), or from partiality, or on account of crime. In capite. In chief. Lands held " m capite" are thoso held of the chief lord of the fee. In casu proviso. In the case provided. In causa honesta et necessaria. In a just and neces- sary cause. Incendit et combussit. He sat on fire and burnt up Inceetam et caducam hsereditatem relevebat. ^He raised up an uncertain and falling inheritance. Incestus, Uxorcidium, Eaptus, Susceptio proprii filii de LAW GLOSSARY. 241 fonte, Presbytericidium, pcenitentia solennis. "Incest, murder of the wife, rape, the taking his own child from the (baptismal) font, murder of a Presbyter, annual pen- ance." Either of these was formerly considered an impedi- ment to niarriage. Inchoate. Begun. Incipientibus nobis exponere jura populi Eomani, ita videntur tradi posse commodissime, si primo levi ac simphci via singula tradantur ; alioqui, si statim ab initio rudem adhuc et infirmum animum studiosi multitudine ac varietate rerum oneravimus, duorum alteram, aut desertorem studio- rum eificiemus, aut cum magno labore, ssepe etiam cum dif- fidentia, quee plerumque juvenes avertit, serins ad id perdu- cemus ad quod, leviore via ductus, sine magno labore, et sine ulla difSidentia maturius perduci potuisset. To expound to us scholars the Eoman Laws, it appears there- fore that they may be most easily taught us if they are treated of in a light and simple manner at first — ^but it is otherwise, if directly from the beginniag, we students have loaded our minds, as yet unskilled and weak, with a great store and variety of matter ; (then) we do one of these two things, either desert our studies, or, with greater labor, oftentimes with diffidence, which chiefly impedes young students, arrive at that knowledge later, which, if conduct- ed by a more simple method, would have been acquired in less time, without any great labor and without discourage- ment. Vide note. Incipitur. It is begun. Inclamarj:. To cry out, or proclaim, as in court. In clientelam recipere. To receive under protection. Inclusio unius est exclusio alterius. The name of one person being included, is a (tacit) exclusion of the other. Incola. A resident in a place, not a native of it. In coUoquio. In a discourse. In communibus placitis. In the Common Pleaa. In consinuli casu. ^In a like case. 16 . 242 LAW GLOSSAEY. In constantem virum. Upon a courageous man. In continuando flagrante disseizina, et maleficio. ^By persevering in a wici^ed and malicious dispossession. In contractibus veniunt ea quae sunt moris et consuetudi- nis in regione in qua contraliitur. These things occur in agreements which are of usage and custom in that place where the contract is made. In conventionibus. In agreements : or covenants. In conventionibus contrahentium voluntas potius quam verba. In the agreements of contracting parties, the in- tention (is to be regarded) rather than the words. In crastino animarum. On the morrow of all soiils. Incrementum. Increase : improvement. Inceocare. To hang from a hook. In cujus rei testimonium apposui sigillum meum, &o. In testimony whereof, I have set my seal, &c. Vide note. In curia domini regis ipse in propria persona jura dis- cernit. " In the Court of our Lord, the King, he per- sonally considers the law." Vide note. In curia wardorum. In the court of wards. Indebitatus assumpsit. Indebted, he undertook. In delicto. In an offence : or in default. Independenter se habet assecuratio a viagio navis. The insurance clears itself by the voyage of the ship. Inde producit sectam. " Therefore he brings suit." Formerly the plaintiff was obliged to bring pledges, (called suit,) that he would prosecute his claim. John Doe and Eichard Eoe are now generally used as the persons on whom this obligation devolves. Indicavit. He proclaimed. Indicium. A hint : a sign : a mark. Indictaee. To indict. In descender. ^In descent. In dominicis terris. In the lord's lands. In dominico suo ut de feodo. ^In his demesne, as of fee. LAW GLOgSAEY. 243 In dominioo suo ut de feodo et de jure ad voluntatem domini, secundum consuetudinem manerii. In his de- mesne, as of fee, and of right, at the will of the lord, ac- cording to the custom of the manor. In dominioo suo ut de feado talliato. In his demesne, as of fee tail. In dominio suo. ^In his demesne ; or lordship. In domo procerum. — — In the House of Lords. In dorso. On the back. Indossans. An indorser. Indossatarids. An indorsee. In dubiis. In doubtful cases. Induci^. A stopping or suspension of proceedings. In Eire. This means in the ancient court of the judges in " Syre," who went the circuit of England. In ejus unius persona veteris reipublicse vis atque majea- tas per cumulatas magistratuum potestates exprimebatur. The power and dignity of the ancient Eepublic was represented in his person alone by the authority of the magistrates collected together. In equilibrio. In even balance. Equal. In esse. In being. In eum statum qui providentia humana reparari non po- test. In that situation which in all human foresight cannot be restored. In eventu. In the end, or event. In executione sententise, alibi latse, servare jus loci in quo fit executio ; non ubi res judicata. In the execu- tion of a judgment, otherwise extensive, the law of the place shall prevail where the execution takes effect ; not where the matter was adjudged. In extenso. At large : to the extent. In extremis. In the last moments : near death. In facie ecclesias. In the presence of the church. Vide note to "• Assignetur." In facie ecclesise, et ad ostium ecclesias, non enim valent 244 LAW GLOSSABT. facta in lecto mortali, nee in camera, aut alibi ubi clandeS" tina faere conjugia.' In tte presence and at tbe door of tbe cliTircb, for marriages are of no validity wben per- formed in a man's bed, nor in his chamber, nor elsewbere where they were secretly made. Infangthief. ^A thief taken with a Lord's fee. LsTFANTLa) proxima. ^Next to infancy. Ik fayorem prolis. ^In favor of the issue. In favorem vitse, et privHegii clericalis. In favor of life, and of benefit of clergy. Infectum reddere. To render void or defective. In felicitate viri. ^For the husband's happiness. Infeudaee. To enfeoff: grant in fee. In feudis antiquis. In ancient fees. In feudis novis. In fees newly acquired. In feudis vere antiquis. ^In fees truly ancient. In fictione semper subsistit sequitas. In fiction of law equity always subsists. In flagranti delicto. ^In the commission of crime. In forma pauperis. "In the form of (suing) as a pauper." [By a statute of Hen. VIII., any one not able to pay the costs of a suit at law or in equity, making affidavit that he is not worth more than five pounds, aftfer payment of all his debts, sues "in forma pauperis" and pays no Coun- sel or Attorney's fees.] In foro conscientise. Conscientiously: in the court of conscience : in a man's own conviction of what is equit- able. In foro seculari. In a lay court. Infea setatem. "Within age. Infra annum luotus. Within the year of mourning : llie " widow's year." Vide note. Infra corpus comitatus. ^Within the body of a county. Infra hospitium. Within an inn. LAW GLOSSARY. 245 Infka dignitatem curiae. Below the dignity of the court. Infea intention' seperal' statut' contra 'decoctor' edit' et provis'. Within the meaning of the several statutes made and provided against Bankrupts. Infea prsesidia. Under the garrison, guard or con- voy. Infea prsesidia hostium. Under the enemy's protec- tion. Infea quatuor maria. ^Within the four seas : (mean- ing -within the realm of England.) Infea sex annos. Within six years. Infea summonitium Justiciorum. Within the sum- mons of the Justices. Infea tempus semestre. Within half a year. In fAudem legis. Contrary to law. Infeegit conventionem. He broke the agreement. In furto, vel latrocinio. In theft or larceny. In hac parte. In this behalf In his, quae respiciunt litis decisionem, servanda est con- suetudo loei contracti. At in his quse respiciunt litis ordi- nationem, attenditur consuetudo loci ubi causa agitur. In these matters, affecting the decision of a controversy, the custom of the place where the contract is made is to be observed. But in those which concern the form of the process, the custom of the place where the cause is tried is to be attended to. In iisdem terminis. In the same bounds. In infinitum. To infinity — time without end. In initio. In the beginning. In invitum.' — Unwillingly. In ipso concOio, vel prineipium aliqais, vel pater, vel propinquus ecuto, frameaque, juvenem ornant. Haec apud illos ut toga, hie primus juventse honos : ante hoc domus pars videtur; mox reipublicae. In the council itself, some one of the chiefs, or the father, or a near relation, 246 LAW GLOSSAEY. adorns tlie youth with a shield and a short spear. These are (prized) as much as the robe, being the first honor conferred on youth ; before this time he is considered one of the family ; afterwards of the republic. LsriQUUM. Unequal. Initia magistratuum nostrorum meliora firma ; finis in- clinat. Our public offices are more vigorous at their commencement ; they weaken at their conclusion. In judicium adesto. — ■ — Come to hear judgment. In jus vocando. In calling to the court: suing an- other at law. [These were phrases used by the ancient Homans.] Injuria illata in corpus non potest remitti. Personal injuries cannot be remitted. Injijeiam sibi illatam probis hominibus ostendere et san- guinem, si quis fecerit, et vestium scissiones. " To show her ostensible injury to men of probity ; and also the blood, if any, which she shed ; and the laceration of her clothes." Requisites formerly shown by those who complained of rape. Inlagation. Sax. " in lagian." A restitution of one outlawed to the protection of the laws ; and benefit of a subject. Inlegiaee. This word was used where a delinquent satisfied the law, and is again " rectus in curia," untainted in court. In libera eleemosyna. ^Frankalmoign : or in free alms. In liberam puram et perpetuam eleemosynam. ^In (or as of) free, pure and perpetual alms. In libero maritagio. In free marriage. In limine. ^In, or at the beginning : at the threshold. In loco hseredis. In the place of the heir. In loco parentis et liberorum. In the place of the parent and children. In majoram cautelam. ^In or for greater safety. In maleficio. ^In wickedness. LAW GLOSSAET. 247 In manu. lu possession. In misericordia domini regis pro falso clamore. In tlie mercy of the King for (making) a false claim (or suit). In mitiori sensu. In the milder sense : in a more kind manner. In modum juratse, et non in modum assizee. ^ After the manner of a (common) jury (or inquest), and not by way of an assize. In mortua manu. ^In mortmain : in a dead hand or possession. In naufragorum miseria et calamitate tanquam vultures ad prsedam currere. In the misery and misfortune of the ship-wrecked they run like vultures to their prey. In nomine dei, amen. In the name of God, Amen. In non decimando. ^Not being titheable. In nostra lege una comma evertit totum placitum. In our law, one comma upsets the whole plea. Vide note to " Un cast court, d;c." Innotescimus. (We make known.) A title formerly given to letters-patent. In nubibus, in mare, in terra, vel in custodia legis. In the air, earth and sea, or in the custody of the law. Innuendo. " By signifying : thereby intimating." A word much used in declarations for slander and libel, to ascertain the application to a person or thing previously named. An oblique hint. In nuUo est erratum. It is in no respect erroneous. In numero impiorum ac sceleratorum habentur. Ab iis omnes decedunt, additum eorum sermonemque defugiunt, ne quid ex contagione, incommodi accipiant ; neque iis petentibus jus redditur ; neque honos ullus communicatur. They are reckoned in the class of impious and wicked men. All persons shun them, and fly from their approach, and discourse ; lest they receive an injury from contagion ; neither is any law afforded them when seeking it ; nor ia any honor conferred upon them. 248 LAW GLOSSARY. In obsequio dorhini regis, vel alicujus episcopi. In the service of the King, or of some Bishop. In odium spoliatoris. ^In hatred towards the despoiler. Inofficiosum testamentum. An unkind will. ■ Tide note. In omnibus contractibus, sive nominatis, ,sive innomina- tis, permutatio continetur. In all agreements, whether it is named or not, an exchange is comprised. In omnibus fere minori setati succurritur. In almost all cases relief is given to minors. In omnibus imperatoris excipitur fortuna, cui ipsas leges Deus subjecit.' In all things the fortune (or lot) of the Emperor is excepted, to whom God has subjected those laws. In omnibus placitis de felonia, solet accusatio per plegios dimitti, pr^terquam in placito de homicidio, ubi ad terror- em aliter statutum est. In all charges of felony, the ac- cused has been accustomed to be dismissed, ou giving sureties, except when charged with homicide, where it is otherwise appointed by way of terror. In omnibus quidem, maxime tamen in jure, sequitas est. There is equity in all things, but particularly in the law. In omni scientia, et de quahbet arte. ^In every science, and of every art. In omni transgressione qu« fit contra pacem. ^In every trespass which is done against the peace. Inops consilii. ^Devoid of counsel : wanting advice. In pais. In the country. In pari dehcto. In a like offence (or crime). In pari delicto, melior est conditio possidentis. ^In equal fault the possessor's case is the better. In pari materia. In a like matter : similarly. In perpetuum rei testimonium. ^lu perpetual testi- mony of the fact. In personam. To, or against, the person. LAW GLOSSARY. 249 In pios usus. For pious purposes. In pleno comitatu. In fuH assembly of the comity : in full county court. In potentia viri. In tlie husband's power. Ik potestate bostium. In the enemy's possession. In potestate parentis. In the power of the parent. In potestate viri. ^In the husband's power. In propria persona accedat ad tenementum, et coram eos perprimos juratores, et alios legales homines, faciat inquisi- tionem. ^He should go personally to the tenement and before them by the first jury, and other lawful men, maka an inquisition. In propria persona sedente curia. ^In his own persoa while the court is sitting. In proprio jure. In his own right. In puram et perpetuam eleemosynam. " In pure and perpetual charity." [Part of the langUj3,ge on the endowment of charitable foundations.] In puris naturalibus.^ — In a state of nature. In quibusdam locis habet ecclesia melius animal de con- suetudine ; in quibusdam secundum, vel tertium melius ; et in quibusdam nihil ; et ideo consideranda est consuetudo loci. In some places the church hath the best beast by custom ; in some the second, or third best ; and in some nothing ; and in this manner the custom of the place is to be regarded. Inquiratue super possessionem et usum. ^Let in- quiry be made respecting the tenure and the custom. Inquisitio post mortem. An' inquisition (or inquest) after death. In quodam loco vocat'. ^In a certain place called. In rebus. ^In things, matters, or cases. In rei exemplum. 3y way of example. In rei exemplum et infamam. By way of example and disgrace. 250 LAW GLOSSART. Is rem. To, or against, the property. To the point In rem et personam. Against the body and goods. In rem judicatam. In the matter adjudged. In remuneratione servi. In rewarding the servant. In re pari potiorem causam esse prsebentis constat. — — In a similar matter the person offering (or showing) his complaint (or action) has the more preferable side. In re potiorem cansam esse prohibentis constare. ^A better cause in the matter is found to exist on the part of the person defending. In rerum natura. In the nature (or order) of things. In re submissa agere cautus. To act with caution in the business submitted. In retallia. In or by retail. In rigore juris. In strictness of law. In salva et arcta custodia. ^In safe and close keep- ing. In scaccario. In the exchequer. Insetena. A ditch dug within another for the greater protection. Insidiatio viarum. Infesting, or laying in wait on the highways. Insidiatoees viarum. ^Way -layers: highway rob- bers. Insiliaeius. An evil adviser. - Insimul computassent. They accounted together. In solido. In coin : in substance. Instar dentium. — — "Like teeth" — similar to the top of an ancient Indenture, that word being, as supposed, de- rived from "insiar dentium.'' Instar omnium. One example may suffice for all. In statu quo ante bellum. In the state it was before the war. Instaurum. The whole stock of a farm, including cattle and implements. LsrsTiEPAEE. To plant, or establish. LAW GLOSSARY. 251 In stirpes. To the stock or lineage. Institution au droit Frangois. An institution of French right. In stricto jure. In strict right. Insteumenta domestica sen adnotatio, si non aliis quo- que adminiculis adjuventur, ad probationem sola non snf- ficiunt. Private, or family documents, or a memoran- dum, if not supported by other evidence, are not of them- selves sufficient proof. In subsidio. In aid of subsidy. • " Insula portum Efficit objectu laterum, quibus omnis ab alto Frangitur inque sinus, scindit sese unda redactos Deportibus maris." " Within a long recess there lies a bay, An island shades it from the rolling sea, And forms a port secure for ships to ride. Broke by the jetting land on either side ; In double stream thctbriny waters glide.' Insultus. ^An assault. In summo jure. ^In the rigor of the law. In suo jure. In his own right. In tam a,mplo modo. In such an ample manner (or form). In tam amplo modo habere non potuit, sed proflcuum suum inde per totum tempus amisit, &c. He had not bega able to enjoy (the land, &c.,) in so ample a manner, but, on that account, lost his profit for the whole time, &c. Intendere. To claim in an action; also to apply one's self earnestly to any duty. Intentare. To prosecute. Intentio caeca. A secret purpose. Intentio mutita, nee manca. The intention being changed, not becoming impotent. Inter. ^Among. Inter alia promisit. ^He promised among other things. ^ 252 LAW GLOSSARY, Inter alios acta. Things done between other parties. Inter amicos. Among friends. Inter apices juris. Among the extremes or (hardships) of the law. Inter arma leges silent. The laws are sUent (or dis- regarded) in the heat of hostility. Inter canem et lupum. " Twilight." Words for- merly used to signify an act done between night and day — or betwixt the time the dog slept and the wolf roamed. Interesse damni.' To participate in the loss (or dam- age). Interesse lucri. To participate in the profit. Interesse termino, vel terminis. To be interested for a term or terms of years (in an estate). Interest reipublicae quod carcere sint in tuto. ^It concerns the commonwealth that they be safely (kept) in. prison. Interest reipublicse ut sit finis litium. The common wealth is interested, that there be an end of contention. Inter hseredes masculos. ^Among the heirs male. Inter leges Oulielmi Primi. Among the laws of WiZ- liam the First. , Interlocutio. -Imparlance, vel licentia inter hquendi. From Fr. ''parler" to speak. In the common, law this word was taken for a petition in court of a day to consider, or advise what answer the defendant should make to the plaintiff's action, being a continuance of the cause till another day, or longer time given by the court. But now the more common signification of imparlance is time to plead. Inter minora crimina. Amongst lesser crimes (or misdemeanors). Inter moenia. ^Within the walls : within the domi- cile. Inter nubilia caput. The origin (of this) is among the clouds (or unknown). LAW GLOSSABY. 253 Inteb pares non est poteatas. Among equals tlieii power is alike. Intee prsesidia. ^Within tlie fortifications : or in safe shelter. iNTEKEEaNUM. A space between two reigns. Interregnum quare clausum fregit ? In the mean- time why did he break the close ? In terforem. By way of terror (or warning). Inter sese. Among themselves. Inteetiare. To sequester. Intervenire. ^To come between. Inter veteres satis abunde hoc dubitatur, constaret ne venditio, aut non, It is more fully doubted among the ancients whether the sale should stand or not. Intee vivos, ante nuptias, et post nuptias. ^Among those living before and after the marriage. Intol and Uttol. Custom on things imported and exported. In totidem verbis. ^In so many words. In toto regno ante ducis adventum, frequens et usitata fait ; postea caeteris adempta ; sed privatis quorundam loco- rum consuetudinibus alibi postea regerminans : Gantianis solum Integra et inviolata remansit. This (custom) was frequent and usual, throughout the kingdom, before the arrival of the Duke (called the Conqueror) ; afterwards it was abolished ; but among the private customs of some other places, it was again springing up : it remained whole and incorrupted among the Kentish people only. Vide note. In toto se attingunt. They agree all together : it is all in point. Intra msenia. A term given to domestic servants because they are within thewalls. In transitu. " In the passage." Merchandise is said to be " in transitu" while on its way to the consignee. Intra parietes. — r-Between friends. Intkaee. To enter. 254 LA-W GLOSSARY. Intromission. — —(In Scotcli kw.) The taking possess- ion of property belonging to an heir, either with or with- out authority. Intromittere. To intermeddle with. Intrusio dicitur nuda eo quod non yallatur aliquo yesti mento, et minimum habet possessionem ; et omnino nihil juris, et in parte habet naturam cum disseisina, et in qui* busdam sunt dissimiles, quia ubicunque est disseisina ibi quodammodo est intrusio, quantam ad dissertorem ; sed non a contrario, quia ubicunque est intrusio ibi non est disseisina, propter vacuam possessionem ; et in utroque casu possessio est nuda donee ex tempore et seisina pacifica acquiratur vestimentum. Intrusion is called naked, be- cause it is not clothed with any investiture, and has the least possession, and altogether no right, and has in part the nature of a disseisin, and in certain respects they are dissimilar ; because wherever there is a disseisin there is, in a certain manner, an intrusion to that extent against the disseisor. But not on the contrary, because wherever there is an intrusion, there is not a disseisin, on account of the empty possession ; and in either case the possession is naked, until by time and a peaceable possession an inves- titure be acquired. In ultima voluntate. In the last will. In uno quorum continetur inter alia juxta tenorem. In one of which is contained among other things nearly to the effect following, &c. In urnam sortito mittuntur, ut de pluribus necessarius numerus confici posset. They are thrown casually into an urn, that from many (names) the requisite number may be completed. In vacuum venire.' To enter on an empty possession. Invadiare. In feudal law, to pledge or mortgage lands. Sometimes written inwadiare. Inveniendo. Finding. Inventus. ^Found. In ventre sa mere. In the mother's womb. LAW GLOSSARY. 255 Inverso ordine. By an inverted order. Investituea propria dicatur possessio. A proper in- vestiture may be called a seisin. In via re uti pace. " Settle tlie matter amicably by the way." [The plaintiff and defendant, among the Romans, gene- rally went to the Proetor together. Vide note to " Vocatio in ytis."] In villis, et territoriis. ^In the vills and territories (or adjacent lands). In vita testatoris. ^In the testator's lifetime. Invito domino. Without the owner's consent. Ipse advocatus cum tot libros perlegere et vincere non possit, compendia sectatur. The lawyer, when he is un- able to peruse and digest so many books, has recourse to abridgments. Ipse illorum stipendia resarcienda curabit. He shall be careful to make good their salaries. Ipse tamen Feoffator in vita sua, ratione proprii doni sui, tenetur warrantizare. Nevertheless, the Feoffor himself, in his lifetime, on account of its being a proper gift (or grant) of his own, is bound to warranty. Ipsi regali institutioni eleganter inserta. Elegantly introduced for that royal institution. Ipsius patris bene placito. By the favor of his father. Ipso facto, et ab initio. By the deed itself, and from the beginning. Ipso facto, et constructione legie. By the fact itself and in construction of law. Ipso facto, et eo instanti. In fact, and immediately. Ipso jure. By the law itself — or by that right. Ike ad largum. To go at large. Ireeplegiabilis. Cannot be bailed. Iter facere. To travel or jo;irney. Ibeitus. Invalid, Ikrotulaee. To enrol. 256 LAW GLOSSARY. Is cui cognoscitur. He to -whom it is acknowledged — tlie Cognizee in a fine : the recognizee. ISH. Scotch. The period of the ending of a lease. Is ordo vitio careto cseteris specimen esto. ^Let that rank be immaculate ; and an example to others. Vide note. Is qui cognoscit. "He who acknowledges." The Cognizor in a iine : the Eecognizor. IssnsTT. So : thus. Norman French. IST^ conditiones sunt plense tristissimi eventus, et pos- sunt invitare ad delinquendum. These stipulations are pregnant with sorrowful consequences, and may instigate to some offence (or failure of duty). ISTA ratio nuUius pretii, nam et alieno signare licet, That reason is of no avail, for it is lawful for any other person to sign. ISTE sccundus assecurator tenetur ad solvendum omne totum quod primus assecurator solvent. The second as- surer is bound to pay everything which the first assurer should have paid. IsTi vero viri eliguntur per commune concilium, pro communi utilitati regni, per provincias, et patrias universas, et per singulos comitatus in pleno Folhmote, sicut et vice- comites provinciarum, et comitatum eligi debent. These men are elected by the' general council for the common benefit of the kingdom, through the provinces, and the whole country, and by all the counties in full Folhmote (or general assembly of the people), as the sheriffs of the provinces and counties should be elected. IsTUD homicidium, si fit ex livore, vel delectatione effun- dendi humanum sanguinem, licet juste occidatur iste, tamen occisor peccat mortaliter, propter intentionem cor- ruptam. That is homicide, if it be done from malice, or a delight in shedding human blood, (and) although he be killed lawfully, yet the person who killed him commits a mortal sin on account of his depraved intention. LAW GLOSSARY. 257 Ita lex soripta. So the law is written. Ita mariteutur, ne disparagentux, et per consilium pro- pinquorum de consanguinitate sua. So that they be married without disparagement, and with the advice of their nearest relations. Ita quod hospitalibus nuUum eveniet damnum. So that no injury may happen to the guests. Ita te Deus adjuvet. So help you God. Ite, et inter vos causas vestras discutite, quia dignum non est ut nos judicemus Deos. Go, and discuss your affairs among yourselves, for it is improper that we should judge the Gods. Item, declara, quod si dominus, seu magister navis sol- vent mercatori pretium deperditarum, tunc tenetur merca- tor ad solutionem nauh, quia merces habenter ac si salvatas fuissent. Also state, that if the owner or master of the vessel pay the merchant the price of the lost merchandise, then the merchant is bound to pay the freight, because the goods are then considered as though they had not been lost. Item facit disseysinam, cum quis in seysina fuerit ut de libero tenemento, et ad vitam vel ad terminum annorum, vel nomine custodia, vel aliquo alio modo, ahum feoffaverit in prsejudicium veri domini ; et fecerit alteri liberum tene- mentum, cum duo simul et semel, de eodem tenemento et in solidum, esse non possunt in seizina. This also causes a disseisin, where any one shall be in possession, as of a freehold or for life, or for a term of years, or being in nominal possession, or in (possession) in any other manner, (and) enfeoff another to the injury of the rightful owner; and make it the jfreehold of another, because hoih at the same time cannot be substantially seised of the same tene- ment. Item justiciariorum quidam sunt capitales, generales, perpetui, et majores, a latere regis residentes, qui omnium aliorum corrigere tenentur injurias et errores. So some 17 258 LAW GLOSSARY. of the judges are chief, general, permanent and important, abiding with the king, and who are obliged to correct the wrongs and errors of all the other (judges). Item non solum fit disseisina secundum quod prsedictum est, sed etiam si quis prsepotens uti voluerit in alterius ten- emento, contra ipsius tenentis volantatem, arando, fodiendo, falcando, et asportando, contrahendo, tenementum esse suum quod est alterius ; si autem nihil clamaverit in tene- mento aliud erit, quia tunc erit transgressio, et non dis- seisina de libero tenemento. Also it not only becomes a disseisin, according to what has been stated ; but also if any very powerful person shall use the lands of another contrary to the tenant's will, by ploughing, digging, cut- ting up and taking away the tenement as his own, which is the property of another. But if he do not claim any- thing in the tenement, it will be otherwise, for then there will be a trespass and no disseisin of the freehold. Item possessiones, alianuda, alia vestita; nuda, ubi quis nil juris habet in re, nee aliquis juris scintillam, sed tantam nudam pedis possessionem ; vestita, jure, titulo vel tem- pore. So respecting possessions, some are naked, others are clothed ; naked, is where a person has no right to the land, nor even a shadow of right ; but only a naked foot- hold (as a squatter) : a clothed possession is where there is right, title or time. Item potuerit quis communiam cum alio, et jus fodiendi sicut jus pascendi, et jus venandi, piscandi, potandi, hauri- endi, et alia plura quae infinita sunt facienda, cum libero accessu et recessu, secundum quod ad dictam communiam pasturse pertinent. Also any person may have right of common with another, and the right of digging, as well as the right of depasturing, and the right of hunting, fish- ing, drinking, drawing water, and of using many other privileges which are unlimited, with free access and recess, according to that which belongs to the said common of pasture. LAW GLOSSARY. 259 Item quoe ex liostibus capiuntur, jure gentium statim ca- pieatium fuere. Also tiiose things which are taken from the enemy become immediately, by the law of nations, the property of the captors. Item quand il arrive qu' aucun maladie attaque un des mariners de la nef, en rendant service en la dite nef, le maitre le doit mettre hors de la dite nef, et luy doit trouvir legis, &c. ; et si la nef etoit preste a fair voyage, elle ne doit point demourer pour luy ; et s'il querit, il doit avoir sou loyer, tout comptant, en rabutant les frais, si le maitre luy en a fait. Et s'il meurt sa femme et se proohains le doivent avoir pour luy. Also, whenever it happens that any sickness attacks one of the seamen of the vessel, doing duty therein, the master should cause him to be removed from the said vessel, and should procure him lodgings, &c. ; and if the vessel be ready to make her voyage, she ought not to remain for him ; and if demanded, he should have his wages entirely paid, deducting the expenses, if the master has incurred any. And if he die, his wife and his nearest relations should receive his wages for him. NOTES TO I. Imparlance. — It appears that the doctrine of Imparlances arose in the early ages, from a desire that the parties might adjust their differences, without proceedings at law; and arose from the mild practice of the civil law, sanctioned by that precept of the Gospel, "Agree with thine adversary by the way." It appears to have been the custom with the Romans, and probably with the Jews, for the plaintiff to take the defend- ant with him before the Frcetor or Magistrate. Vide note to " Vocatio in jus." Incipientibus, &e. — The Civil Laws were, at one time, such a Novelty, and, no doubt, loaded with such innumerable comments, that young students found them extremely difficult. The feudal laws were comparatively few ; and had no very nice distinction of right and wrong. Is odjus eei TESTiMOUitrif, (fee. — This is the last clause generally found in ancient deeds of Feoffment of lands. Sealing has been for many ages essentially requisite to the perfection thereof! because it deliberately and clearly sbows the Feoffor's consent and approbation of what the deed con- tains, and particularly so, as bemg sealed with the Grantor's own seal, at 260 LAW GLOSSAEY. least hy the heada of ancient families. Some authors inform us, that tho Saxons, in their time, (before the Conquest,) subaoribed their names to their deeds, adding the sign of the cross; and setting down in the end, the names of certain witnesses, without any kind of sealing at all. But, when the Normans obtained a footing in England, they (loving their own country cus- toms) changed that mode, with many others which they found in England. And Ingulphus, who was made Abbot of Groyland, A. D. 1075, appears to confirm this opinion in these words, "Normanni chirographorum confecUonem cum crucibm av/reis, et aiiis signacvMs sacris in Anglia firma/ri aolitam, in cera impressa mutant" — i. e. " The Sbrmcms change the making up of chirographs (or deeds) with golden crosses or other sacred marks or signs, which were formerly established in England, into a wax impression." Yet we read of a sealed charter in England before the Conquest, viz., of St. Ed. made to the Abbey of Westminster, yet this does not impugn what is before stated ; for we find in Fabian's Chronicle, and elsewhere, that St. Ed. was educated in Normandy, and it is very probable that he might, in some cases, incline to the fashion of that country. The French have a proverb, "Some n'a este hastie tout un jour," and we use the same, "Rome was not built in a day ;" so that it cannot be conceived that the Normans suddenly altered the Saxon custom wholly, in this particular, but that it changed by degrees ; and, per- haps, at the first, the King had some about his person, who first used the impression of a seal to deeds, which is probable, from a story concerning Richard de Lucy, Chief Justice of 'England, who, in the time of Henry the Second, is said to hare chidden a person because he had sealed a deed vnth a private seal, " giutnt ceo pertain al Boy et Nolilite solement." However, in the time of Edward the Third, sealing and seals were very common ; which appears from many deeds now extant. But Sir Edward Coke, in the first part of his Institutes, seems to overthrow the former opinions about the first using of seals in England : "the sealing of charters and deeds," he observes, "is much more ancient than some have imagined ; for the Charter of King Edwin, brother of King Edgar, dated A. D. 956, made of some land in the Isle of Ely, was sealed with his own seal, (which appears by these words, ) " Ego Edwindus graiid Dei ixitius Britannicce tellvr ris Bex meum donum proprio sigillo cbnfirma/ai" — i. e. "I, Edwin, by the grace of God, King of the whole land ot Britain, have confirmed my gift (or grant) with my own seal." And the Charter of King Offa, whereby he gave the Peter pence, was under seal. Either of which two charters are much more ancient than that of St. Ed. before mentioned. In oueia Domini, &c. — After the dissolution of the Auki, Begis, the Eng- lish kings frequently sat in the Court of King's Bench. Tide 2 Burr. 851, &c. And, in later times, James the'^First is said to have sat there in person, but was informed by the Judge that he could not deliver any opinion. The first time the King sat in Court, after the plaintifi's counsel had finished his address to the jury, the King remarked (privately) to the Judge, that the plaintiff onght certainly to obtain a verdict — but, on hearing a very eloquent reply from the defendant's counsel, he became so extremely puzzled, that he declared it was impossible he could say which of the oontendmg parties was right. Infra aitnum, &c.— The civil law ordained that no widow should marry "infra annum luctus," a rule which obtained so early as the reign of Augustus, if not of Bomulus ; and the same constitution was proba- bly handed down to our early ancestors from the Romans; for we find it established under the Saxon and Danish governments. In the reign of Augustus, however, the year was only ten months. Vide Ou. Fast.. I 27. Inoffioiosum TE8TAMENTUM.— Among the Bomans, (at least at one time LAW GLOSSARY. 261 of the Republic,) a man might disinherit his own children, aad appoint what other persons he pleased, to be his heirs : he was then said to have made " mojmosuim testamentum." Thus, " Titius films meus exh/sres esto" — i. e. " Titius, my son, be thou disinherited." Vide Plin., Ep. v. Hence, Jvjoenal, Sat. 10. " Godice smvo hmredes vetat esse suos" — i. e. "By a severe will he forbade them to be his heus." When children brought an action (which was frequently the case) for rescinding such a will as this, it was said to be done, "per querulam inofficiosi" In toto Resno, &e. — This Saxon custom, so completely opposed to the Feudal law, still remains in the county of Kent, in England, where, to a con- siderable part of the lands in that county, on the death of a person seised of a freehold estate, all the sons inherit alilje. This is called Gavelkind. Among other private customs referred to in the text, is the law, or rather custom, of Borough English, where the youngest son inherits the freehold. Blackstone gives a very curious reason for this custom : it is not improbable, however, that it might have originated from a desire that the youngest son (who may be supposed to be left most destitute on his father's decease) should have some provision for his maintenance. Is OBDO VTTio CARETO, &c. — Augustus, when he became master of the Soman Empire, retained the forms of the ancient Republic, and the names of the magistrates, but left very Uttle of the ancient virtue (prisci et inlegri mores. Tacit. Ann. i. 3.) While he pretended always to act by the author- ity of the Senate, he artfully drew everything to himself. Tiberius apparently increased the power of the Senate, by transferring the power of creating magistrates and enacting laws from the Comitia to the Senate. In conse- quence of which, the decrees of the Senate obtained the force of laws; and were more fi'equently published. But this was only " a shadow of power," for the Senators, in giving their opinions, depended entirely on the will of the Prince ; and it was necessary that their decrees should be confirmed by him. An oration of the Emperor was usually prefixed to them, which was not always delivered by himself but generally read by one of the Qucestors, who were called " Candidali." Tide Suet., Tit. 6, Aug. 65. Hence, what was appointed by the decrees of the Senate, was said to be "oratione prin- eipis cautum" — ^i. e. "provided for by the declaration of the Emperor;" and these orations are sometimes put for the " Decrees " of the Senate. To such a height did the flattery of these Senators proceed, that they used to receive these speeches with hud acclamation. Vide Plin. Paneg. 75, and never filled to assent to them, which they did, crying out " Omnes! OmnesI" alll all I Tide Vopisc. in Tacit. 1. The messages of the Emperors to the Senate were called " Episiolae," or '' TAbeUi; " because they were folded in the form of a letter, or Uttle book. Julius Caesar is said to have first invented these "LibeUi," which afterwards came to be used almost on every occasion. After this, the Emperors gradu- ally began to order what they thought proper, without consulting the. Senate ; to abrogate old laws, and introduce new ones ; and, in short, to de- termine everything according to then- own pleasure ; by their answers to the supplications or petitions presented to them, {per rescripta ad libellos,) by then' mandates and laws, (per edicta et consiiiutiones,) &c. Vespasian ap- pears to have been the first who made use of these rescripts and edicts. They became more frequent under EaArian, from which time the decrees of the Senate concerning private right began to be more rare ; and, at length, under Oaracalla, were entirely discontinued. The various laws and decrees of the Senate, whereby supreme power was conferred on Augustas, used to be repeated to succeeding Emper- ors, upon their succession to the throne. " Twm Senatus omnia, prvrir cipibus solita, Vespasiano decrevit " — I e. " Then the Senate decreed to 262 LAW G-LOSSAET. Vespasian all things usual to Emperors." Tacit. Bist. iv. 3. When taken together are called the Royal Law, {'^ Lex regia, vel Lex imperii, et AugusH privikgium,"} — i. e. "The Royal Law, or law of the Empire, and privilege of the Emperor," probably in allusion to the law by which supreme power was granted to Romulus. Liv. xxiv. 6. J. Jaceee. To lie ; to be prostrate. Jaotitaee. To boast ; to tbrow out. Jactitatio matrimonii. Where a party gives out that either he or she is married to another, from which an impression may arise in the world that they are married. Jactura, Jactus. See Jettison. jADEiiAnrs. ^Nevertheless. jALEMEiisrs. Always ; still ; yet. Jam illis promissis non esse standum, qnis non videt, quae coactus quis metu et deceptus dolo promisserit ? ■ Quae quidem plerumque jure praetorio liberantur, nonnulla legi- bus. Now these promises cannot be supported, for who is there that does not perceive what a man, when compelled by fear, or deceived by stratagem, may have promised ? These promises are, for the most part, discharged by the Praetorian law, and some by (other) laws. Jamunlingus. One who put himself and his proper- ty under the protection of a powerful neighbor in order to ' avoid military service, and other state burdens. Januis clausis. With closed doors. Jataede. ^Lately. Jeo doy. ^I ought. Jeo done. 1 give. Jeofaile. "I have failed, or erred." This is the name of a statute to correct errors. The word is often used when an oversight has been made in the pleadings, or other law proceedings. LAW GLOSSARY. 263 Je riens ne celari, ne sufferai estre cel^, ne raurdr6. I will not conceal anytMng, nor suffer it to be concealed, nor stifled. Jb suis pret. 1 am ready. Jettison, Jetsam. The throwing overboard part of the goods or lading of a vessel, when it is in danger of wrfeck; such goods, sinking to the bottom of the sea. Je vous dirai un fable. En ascun temps fuit un Pape, et avoit fait un grand offence, et le Cardinals, vindrent a luy et disoyent a luy '■'■ peccasti,^^ et il dit, "judica me," et ils disoyent " non possumus quia caput es Ecdesice — judica ie ipsum f et I'apostol dit '^judico me cremari ;" et fuit com- bustus, et apres fait un saint. Et in ceo cas il fuit son juge dememe, et issint n'est pas inconvenient que un home soit juge dememe. 1 will tell you a story. Some time ago a Pope had committed a great offence, and the Cardi- nals came and said to him, " ihou hast sinned," and he re- plied, "judge me," and they answered, " we cannot judge thee, because thou art the head of the church; judge thyself ;" and the apostle said, " I adjudge myself to he burnt;" and he was burnt,, and afterwards became a Saint. And in this case he was his own judge ; therefore on such occasions it is not improper that a man should be his own judge, Jooale, Jocalia, Joialx. Jewels. JocAEius. " A Jester." In an ancient deed of Mich- ard Abbot of Bernay, to Henry Lovet, among the witnesses to it was Willielmo tunc Jocario " Domini Abhaii," i. e. Wil- liam then the Lord Abbot's Jester. And in Domesday, it is said that one Berdic was " Joculator regis," the King's Jester. Jocus. A game of chance. Jocus partitus. It was so called when two proposals were made, and a man had liberty to choose which he pleased. Bract. JoNCAEiA. Where rushes grow. Jobnale. The land which might be ploughed in a day. 264 LAW GLOSSAET. JouENAFNTE. Break of day. JUBEMUS honesta ; prohibens contraria. Command- ing what is honorable (or just), and forbidding the con- trary. JucHtrs. As much land as might be ploughed in one day by a joke of oxen. Judex a quo. An inferior judge. Judex ad quern. A superior judge. Judex de ea re cognoscet. The judge will take cog- nizance of the matter. Judex de pace civium constituitur. A judge is ap- pointed for the peace of the citizens. Judex non potest esse testis in propria causa. A judge cannot be a witness in his own cause. Judex non reddat plus quam quod petens ipse requirat. -The judge does not allow more than the plaintiff de- mands. Judex qui injustum judicium judicabit alicui, det regi cxx s., nisi jurare audeat, quod rectum judicare nescivit. Leg. Edgar. The judge who shall render an unjust sen- tence against a person, shall pay the king one hundred and twenty shillings, unless he be bold enough to swear that he knew not how to judge correctly. Laws of King Edgar. JuDlCANDUM est legibus, non exemplis. It is to be adjudged by the laws, not by precedents. JuDiCATUM solvere. To pay what is adjudged. JuDlCES delegati. Chosen Judges : a court of dele- gates. JuDiCES Quiritium. The Eoman Judges. Vide note. JUDIOIA ad populum. Trials before the people. Vide note, JUDICIA odiosa. ^Abominable decrees (or judgments). JUDICIA perverterunt ; et in aliis erraverunt. (In some cases) they have perverted the judgments ; and have erred in others. LAW GLOSSARY. 265 Judicium a non suo judice dictum, nuUius est momenti. Judgment, if not pronounced by the proper judge, is of no effect. Judicium Dei. " The judgment of God." The ordeal of our Saxon ancestors, 'walking blindfold over (or rather among) red-hot plough shares. Vide note to " Tenetur se purgare." Judicium ferri, aquse et ignis. ^The ordeal of fire, iron and water. Vide note to " Tenetur sepurgare" &c. Judicium intrare. — ■ — 'To enter into judgment. Judicium parium, aut lege terrae. " The judgment of the peers (or equals), or by the law of the land." It is only by these, according to Magna Charta, that an English- man can be condemned. Vide note. Judicium redditur in invitum. Judgment is given against an unwilling person. JuGULATOB. A cut-throat : a murderer. JuGUM terrse. A yoke of land. Vide " Domesday" JuNCAEE. " To strew with rushes." This was an ancient custom for accommodating the parochial churches ; and even the bedchambers of princes. Vide Pat. 14, Edwd. \st — also note to '' Integra}'' Jura. "Laws: rights: privileges." Often used for laws in general thus " Nova jura condere." Liv. iii. 33. JuRABiT duodecima manu.^ -He shall swear by twelve compurgators. Vide note to " Compurgatores." Jura cognationis. The laws (or rights) of relationship. Jura enim nostra dolum pr£esumunt si una non pereant. For our laws presume it to be a fraud unless (the goods) of both are lost. Jura fiscalia. " Fiscal rights." Those of the Exche- quer or Eevenue. Jura in re. Eights in the matter, or thing, JuRAMENTUM calumnisB. " The oath of calumny." By which parties swore that the cause was commenced, or defended for the sake of justice. 266 LAW GLOSSARY. JuBAMENTUM fidelitatis. The oath of fealty. Jura naturje sunt immutabila. " Nature's laws are unchangeable." Chief Justice Hohart says, " an act of parliament made against natural justice is void." Jura personarum. The rights of persons. Jura regalia. Eoyal or crown rights (or privileges). Jura rerum. The rights of things. Jura sanguinis. The rights (or laws) of consan- guinity. Jura summi imperii. The rights of supreme empire (or dominion). Jurata. A jury. JuRATORES.-^ — " The jury." The persons impannelled to try a cause, civil or criminal. Jure belli. By the law of war. Jure civili. By the civil law. Jure coronse. By the right of the crown. Jure devolutionis. By right of descent. Jure divino et jure humano. By divine and human right. Vide note. Jure ecclesise. In right of the church. Jure et legibus. By common and statute law — ^vide Gic. Verr. i, 42, 44. So Horace " Vir bonus est quis? Qui consulta patrum, qui leges, juraque servat, &cr Vide Ep. i. xvi. 40. So Virg. Mn. i. 508, who says " Jura dabat le- gesque viris" Jure gentium. By the law of nations. Jure hsereditario. By hereditary right. Jure humano. By human law (or right). Jure mariti. In right of the husband. Jure naturas. By the law of nature. Jure naturae sequum est, neminem cum alterius detri- mento et injuria fieri locupletiorem. By the law of nature it i^ equitable, since no one can be made richer to the damage and wrong of another person. Jure patronatus. By the right of patronage. LAW GLOSSARY. 267 JuEE representationis. ^By right of representation. Vide note. Juke uxoris. In riglit of tlie wife. Jure vetusto obtinuit, quievisse omnia inferiora jndicia, dicente jure rege. He showed by ancient authority, that all inferior judgments ceased when the king declared the law. Juris disciplina. The knowledge of law. Vide Cic. Legg. i. 5. Juris, et de jure. Of right, and by law. Juris etseisinse conjunctio. The joinder of right and possession. Juris naturalis, aut divini. Of natural or- divine law (or right). Juris positivi. Of positive law (or absolute right). Juris prsecepta sunt bsec, honeste vivere, alterum non Isedere, suum cuique tribuere. These are the rules of law : to live honestly : not to injure another : and to ren- der to every man his due. Juris privati. Of private right or law. Juris procuratio omnibus prodest. The administra- tion of the law benefits every one. Jurisprudence des arrets. The law of arrests. JuRiSPRUDENTiA cst divinarum atque humanarum rerum notitia. Jurisprudence is the knowledge of things divine and human. Juris publici. Of the public or people's right. Juris utrum. ^Whether of right. JuRNEDUM. A j ourney, or one day's travelling. Vide Cowell. Jus. "Law: Eight." It is frequently, with the Bo- man writers, also put for the place where justice is admin- istered; thus — •"/« jus eamus" i. e. ''ad proetoris sellam," (to the praetor's chair.) Yide Donat. in Ter. Phorm. v. 7, 43 et 88. Jus accrescendi. The right of accruer: benefit of survivorship. 268 LAW GLOSSARY. Jus accresoendi inter mercatores. The riglit of acv cruersliip among mercliants. Jus accrescendi inter mercatores pro beneficio commercii locum non habet. For the advantage of commerce, there is no right of accruership among merchants. Jus accrescendi prsefertur ultimse volnntati. The right of accruership is preferred to the last will and testa- ment. Jus ad rem. A right to the property. Jus albinatus. Eight of escheat in the property of an alien. Jus alluvionis. " The right of the wash :" or to the lands thrown up by the sea or rivers. Jus bellicum vel belli. "The law of war." That which may be justly done to a state at war with us, and which may be done to the conquered. Vide Cces. de hell. G. i. 27, et Gic. Off. i. 11, iii. 29. Jus canonicum. The canon law. Jus civile. -The civil (or municipal law). Jus civile est quod quisque sibi populus constituit. Civil law is what each nation has established for itself Vide note. Jus civitatis. The law of the state. Jus civium vel civile. The law of the citizens, or the civil law. Jus commune, et quasi gentium. The common law, and, as it were, the law of nations. Jus consuetudinis. "The law of custom." That which hath been long established: opposed to "kgejus," or "jus scriptum." Vide Cic. de Invent, ii. 22, 54. Jus descendit ad primogenitum. The right descends to the first born. Jus dicere. " To declare the law." To administer justice. Jus dicere, et non dare. ^To expound, not give the law. LAW GLOSaAEY. 269 Jus disponendi. The right of disposal. Jus domesticse emendationis. The law (or right) or domestic amendment. Jus duphcatum. A twofold, or double right. Jus et sequitas. Law and equity. Vide note. Jus et fraus nunquam cohabitant. Eight and fraud never dwell together. Jus et lex. The right and the law. Vide note. Jus et norma loquendi. The right and form (or order) of speaking. Jus et seisinse conjunctio. The right and conjunction of possession. Jus feciale. The law of arms or heraldry, vide Oic. Off. i. 11 ; or the form of proclaiming war ; vide also Liy. i. 32. Jus fiduciarum. A right held in trust. Jus fodiendi. The right of digging. , Jus gentium. The law (or right) of nations. Jus gladii. " The right of the Sword — Sword Law :" the arbitrary power of governing. Vide note. Jus Hanseaticum maritimum. The Hanseatic mari- time law. Jus haereditarium, et dominicum. Hereditary right and dominion. Jus honorarium. The honorary law. Vide note. Jus humanum et divinum. ^What is right with re- spect to things divine and human. Yide Ziv. i. 18, 16. Hence "fas etjura sinunt" vide Virg. Q. i. 269. Jus imaginum. The right of ancestry. Vide note. Jus in re. The right in the property. Jus in res inferioris naturse Deus humano generi indi- visum contulit, hinc factum, quod quisque hominum ad suos usus arripere posset, quod vellet; et quae consumi poterant, consumere. God has conferred upon each in- dividual of the human race the right to things of an infe- rior nature (or quality) for this reason, that every one may 270 LAW GLOSSARY. take for his own use what he pleases, and consume those things which may be eaten. Jus judicium. A judicial right. Jus jurandum. An oath. ■ Jus legitimum. " A legal right." The common or ordinary law ; the same with " Jws civik." Vid. Cic. pro Dom. 13, 14. Thus "jus legitimum eodgere,'" to demand one's legal right, or what is legally due. Vid. Fam. viii. 6. Jus libertatis. The right of liberty. Vide note. Jus matrimonii. The right or law of marriage. Jus municipale. A municipal (or civil) right. Jus naturte. The right (or law) of nature. Jus naturee propria est dictamen rectae rationis, quo scimus quid turpe, quid honestum, quid faciendum, quid fugiendum. ^The law of nature is properly the dictate of right reason, by which we know what is dishonorable and what is honorable ; what should be done, and what should be avoided. Jus naturas, vel naturale. These words mean that law which nature or right reason teaches to be right ; and "jus gentium" what all nations esteem to be right. Vid. Cic. Sext. 42, Harxisp. resp. 14. Jus necessitudinis. The law of necessity. Suet. Calig. 26. Jus non scriptum tacito et illiterato hominum consensu, ,et moribus expressum. The unwritten law declared by the tacit and unlearned consent and customs of the people. Jus pascendi. The right of grazing. Jus patris. The father's right. Vide note. Jus patronatus. The right of patronage : the right of advowson. Jus pontificum, vel sacrum. " The Pontificial, or sacred law." That which is right with regard to religion and sacred things ; much the same with what was after- LAW GLOSSARY. 271 wards called ''Ecclesiastical Laws." Vide Cic. pro Dom. 12, 13, 14 ; de hgibus, ii. 18, &c. Jus positivum. An absolute law (or right). Jus postliminii. The right of reprisal. Jus possessionis. The right of possession (or occu- pancy). Jus preedicti S. et seisinam ipsius. The right of the said S. and his possession. Jus PrEetorium. "The law (or discretion) of the Proetory — This was distinct from the " Leges" or standing laws. Vide note to Prcetor. Jus primogeniturse. The right of primogeniture. Jus projiciendi. The right which a builder has to project a part of his building towards an adjoining one. Jus proprietatis et possessionis. The right of prop- erty and possession. Jus prosequendi in judicio, quod alicui debetur. The right of proceeding to judgment for what is due to any one. Jus protegendi. The right to extend the tilling of one house over the adjoining one. Jus publicum. A public right or law. Jus publicum et privatum. A public and private right or law. Vide note. Jus quaesitum. A right to recover. Jus Quiritium. The right of Soman citizens. Tide note. Jus regni. The right of the crown. Jus relictse. The right of a relict or widow. Jus sanguinis. The right of blood (or of kindred). Jus sanguinis, quod in legitimis successionibus specta- tur, ipso nativitatis tempore qusesitum est. The right of blood, which is regarded in all lawful inheritances, is sought after in the very time (of our) nativity. Jus scriptum aut non scriptam. The written or the Tmwritten law. Fi'rfe note. 272 LAW GLOSSARY. Jussu Cancellarii. By the Chancellor's order. JtJSSU Cancellarii, cum assensu majoris partis prsefec- torum coUegorium. ^By the command of the Chancel- lor, with the consent of the majority of the governors of the colleges. Jus summum ssepe summa est malitia. " Strict law is often the greatest mischief:" or " Eight top rigid hard- ens into wrong." Jus suum. His own right. JUSTA libertas. A term anciently used on the eman- cipation of a slave. Vide note. Juste rem judicato. Weigh the matter correctly. JusTiciAEil ad custodian Judceorum assignati.' Jus- tices appointed to take cognizance of the Jews. Vide note. JusTioiABii ad omnia placita. — ■ — Judges of all pleas. JuSTiciAEii domini regis faciant fieri recognitionem de disseisinis factis super assizam, a tempore quo Dominus Eex venit in Angliam prosime post pacem factam inter ip- sum et regem filium suum. That the judges of our lord the King cause recognition to he made concerning the disseisins done upon the assize from the time when our lord the King arrived in England, next after the peace concluded between him and the King his son. JuSTiciAEii in itinere. " Judges in Eyre :" those who went the circuit. JUSTICIAEII itinerantes venerunt apud Virgorniam in octavis S. Johannis Ba;ptistce. ; et totius comitatus eos ad- mittere recusavit ; quod septem anni nondum erant elapsi postquam justiciarii ibidem ultimo sederunt. The judges in Byre came to Worcester on the octave of iSaint John the Baptist; and the whole county refused to admit them, because seven years had not elapsed since the judges had sat in the same place. Vide note. JuSTiTiA nemini neganda est. Justice is to be denied to none. LAW GLOSSARY. 273 JusTlTiA noa est neganda, non differenda. Justice is not to be denied nor delayed. JusTiTiAE, vel Justicier. " A Judge, or Justice ;" or as he -was sometimes termed, Justiciary. ShaJcspeare uses the term " Jtisticier." JusTiTiA virtutum regina. Justice is the Queen of the virtues. JusTiTlUM. A suspension in judicial proceedings; a vacation of the courts. Jus trium liberorum. The right belonging to him who had three children. Vide note. Jus utendi et fruendi. The right of using and en- joying. Jus venandi et piscandi. The right of himting and fishing. JuvENES. Chancery clerks of an inferior degree. JuxTA formam statuti. According to the form of the statute. JuXTA tenorem sequentum. According to the tenor following. NOTES TO J. JcDiOBS QuiKiTiniL — The student -will be gratified to learn the manner of conducting a trial among the ancient Bomans. When the day appomted came, the trial proceeded, unless the Judge, or some of the parties, were ab- sent from a necessary cause, {ex morho, vel causa sowtica. Fest.) — ^i. e. "from disease, or some just impediment ;" in which case the day was put off (diffl- sus est, i. e. prolatus). (?dZ..xiv. 2. If the jiidge were present, he first took an oath, according to the best of his judgment, {ex animi senientid,) vide Cic. Acad., Q. 47, at the altar, {aram tenens,) i. e. holding the altar, {Cic. Place. 36,) called "Fuieal Libonis," or " Scribomanum," because that place being struck with thunder {fvlmint aUactus) had been expiated by Scribonitts Idbo, who raised over it a stone covering, {suggesium lapideum cavum,) open at the top, in the Forum ; near which the tribunal of the Frcetor used to be. Vide 3dr., Sat. ii. 6, v. 35, Flp. i. 19, 8, and where the usurers met. Vide Gk. Sext. 8. Ovid, de Bern. Am. 561. The Bomans, in their solemn oaths, used to hold a fiint stone in their right hand, saying, " Si sciens folio, turn me Diespiter {salva v/rbe a/rce- que) bonis ejiciat, vi ego himc lapidem" — i. e. "If knowingly I use deceit, then may Jupiter, (saving the City and Capitol) cast me out from good men, as I cast this stone." Vide Fesi. in lapis. Hence the term, " Jovem lap idem 18 274 LAW GLOSSARy. jwwc," for "per Jovem et lapidem." — i. e. "ty Jupiter and the atone." Vide Oic. Fain. vii. 1, 12. Liv. xxi. 45, xxii. 53. Gell. i. 21. The author understands there is a mode of swearing, something similar to this, in use among the Chinese. The witness takes into his hand some vessel that will readily break, and throws it up with the imprecation, " May God so dash me to pieces, if I swear not the truth." The present mode of swearing among the Mahometan Arabs, that live in tents, as the Patriarchs did, according to De La Roque, ( Yoy. dans la Pal, p. 152,) is by laying their hands on the Koran. They cause those who swear to wash their hands, be- fore they give them the book ; they then put their left hand underneath, and their right over it. Whether, among the Patriarchs, one ha.nd was Tmder, and the other upon the thigh, is not certain: possibly Abraham's servant might swear with one hand upon his master's thigh, and the other stretched out to Heaven. As the posterity of the Patriarchs are described as coming out of the thigh, it has been supposed this ceremony had some relation to their believing the promise of God, to bless all the nations of the earth, by means of one that was to descend from Abraham. Tide Bwrder's notes to Josephus. The formtUa, among the Romans, of talcing an oath, we have in Plant. End. V. 2, 45, &c., and an account of diEfdrent forms. Gic. Acad. iv. 47. The most solemn oath among the Romans, was by faith or honor. Vide Dionys. ix. 8, 10, 48, xi. 54. The judsz or judices, after having sworn, took their seats (in the subsellia quasi ad pedes Prmioris) — i. e. "seats nearly at the Prastor's feet; " whenoe they were called, " Jadices pedanei" — L e. inferior judges, and "sedere," (to sit,) is often put for cognoscere — to examine, or to judge. Vide Plin., £!p, v. Sedere is also applied to an -advocate, while not pleading. Plin., Ep. iii. 9. The judex, especially if there were but one, assumed some lawyers to assist him with their counsel, {sibi adwcavit, ut in concilia adessent.) Vide Gic. Quinct. 2, {in consilium rogavit,) — i. e. desired his advice. Vide Gell. xiv. 2,) whence they were called " Qonsillarii." Vide Stiet. Tib. 33. Glaud. 12. If any one of the parties were absent without a just excuse, he was sum- moned by an edict, or lost his cause. Vide Gic. Quinct. 6. If the Prcetor pronounced an unjust decree, in the absence of any one, the assistance of the Tribunes might be implored. Ibid. 20. ., If both parties were present, they were obliged to swear that they did not carry on the lawsuit from a desire of litigation, [calumniam jurare, vel de calumnia. Vide Liv. xxx. 49. Gic. Fam. viii. 8.) If this were the case at the present day, causes for trifling matters would probably be less numerous. By one of the Roman laws, called Lez Memnia vel Remnia, it was ordained that if any one was convicted of false accusation (calumnice) he should be branded on the forehead with a letter, vide Gic. pro Rose. Am. 19, 20, prob- ably with the letter K, as anciently the name of this odious and cowardly crime, was written Kalumnia. Then the advocates were ordered to plead, which they did twice, one after another, in two different methods. Vide Appian. de Bell. Giv. i. p. 663, first, briefly, which was called "causal conjectio," — conjecturing, or 6riej?j/ consider- ing of the case; and then in informal oration {justa orations peroraba-nt, i. e. arguing in a complete speech. Vide Gell. xvii. 2. They explained the state of the case, and proved their own charge, or defence, testibus et iabulis li. e. by witnesses and writings), and l)y arguments drawn from the case itself {ex ipsa re deductis). Vide Gic. pro P. Quinct, et Rose. Oral. ii. 42, 43, 44, ' 'J9, 82. To prevent them, however, from being too tedious, {ne in immensum evagarentur — i. e. lest they should greatly wander from the case,) it was or- dained by the Pompeian law, in imitation of the Greeks, that they speak by an hour-glass («i ad Glepsydram dicer eni, i. e. vas vitreum gracililer fistulaium, infando cujus erat foramen, unde aqua guitatim efflueret, atqve ita tempusme- LAW GLOSSARY. 275 fcVeJur" — L e. "that they should argue by the liour-glass, viz., a glass vase which had a small neck, in the bottom of which was a hole, from which the water trickled out, and in this manner the time was measured." [This water glass appears to have been something like our sand glasses formerly in use.] Vide Oic. de Orat iii. 34. How many hours were allowed to each advocate was left to the Judices to determine. Vide Oic. Quinct. 9 ; Plin. Ep. i. 20, iv. 9. Hence " dare, vel petere plwas clepsydras" — i. e. to ask more time to speak. " Quoties judico, quantum quis plurimum postulM ceqvxe do" — i. e. "I give the advocates as much time as they request." Vide PK«. .^, vi. ii. The"Cfepsy- drm" were of different lengths — sometimes three of them in an hour. Vide Plin Ep. ii. The advocate sometimes had a person with him to suggest {qui swbjicereC) what he should say, who was called " Ministratar.'" Vide Cic. de Orat. ii. '?5. Place. 22. A forward, noisy speaker was called " Sabula" {a rdbie, quasi Latrator) vel " Proclamator," a brawler, a wrangler. Oic. de Orat i. 46. The Romans, it appears, considered noisy lawyers as men of inferior abilities. In many cases, these " Glepsydrcn" would not be altogether use- less at the present day. Under the Emperors, advocates used to keep persons in pay, to procure for them an audience, or to collect hearers who attended them from court to court {exjudicio in judicium), and applauded them while they were pleading, as a man, who stood in the middle of them, gave the word or sign (quam dedit signum). Each of them for his services received his dole (sportula), or a certain hire (par merces\, usually three dernarii, hence they were Sailed " Laudicmni,'" i. e. qm ob ccenam laudabant — i. e. "who applauded for their supper." This custom was introduced by one Largius Licinius, who flour- ished under Nero and Vespasian, and is greatly ridiculed by Pliny. Vide Ep. 214: see also vi. 2. When a client gained his cause, he used to fix a garland of green palm (viridis pahnce) at his lawyer's door. Vide Juv. viL 118. When the judges heard the parties, they were said " iis operam dare"- — i. e. to give them their attention. How inattentive, however, they sometimes were, we learn from Macrobius, Saturnal. ii. 12. JCDICIA AD POPULUM. — Trials before the Roman people were called " Judi- da ad populum," and were first held in the Oomiiia Ouriata. Vide Cic pro Mil. 3. Of this, however, we have only the example of Horatius. Ibid. After the institution of the Oomiiia Oenturiaia, and Tribuia, all trials before the people were held in them ; capital trials in the Oomitia Oenturiaia, and concerning a fine, in the Tribuia. Those trials were called "capital" which respected the life or liberty of a Roman citizen. There was one trial of this kind, held in the Oomitia by tribes, namely that of Coriolanus. Vide Liv. ii. 35, but that appears to have been irregular, and conducted with violence. Vide Dionys. vii. 38, &c. Sometimes a person was said to undergo a capital trial, "periculum capitis adire; cansam capitis ; vqI pro capite dicere" — i. e. to undergo a suit relating to his life ; or to plead for life, — in a civil cause, when, besides his loss of fortune, his character was at stake, "cum judicium esset de fama, fortunisque" — i. e. " when the sentence affected his character and fortune." Vide Cic. pro. Quinct. 9, 13, 15. Off. L 12. The method of proceeding in both Oomiiia was the same ; and it was requisite that some magistrate should be the accuser. In the Oomitia Tributa, the inferior magis- trates were generally the accusers ; as the Tribunes, or jEdiks. Vide Liv. iii. 55. iv. 21. &o. lu the Oomiiia Oenturiaia,, the superior magistrates, as the Consuls, or Pr(Eters ; sometimes also the inferior, as the Queators, or Tri- bunes. Vide Liv. ii. 41, iii. 24, 25, vL 20. But they are supposed to have a",ted by the authority of the Consuls, No person could be brought to a tnal, unless he was in a private station. But sometimes this rule was vio- lated. Vide Cic. pro. Place. 3, Liv. xliii, 16. 276 LAW GLOSSARY. The magistrate who was to accuse any one, having called an assembly, and mounted the Eosi/ra, declared that he would, against a certain day, accuse a particular person of a certain crime ; and ordered that the person accused (reus) should then he present. This was called dicere diem sc. accusationis vel diei dictio — L e. " to state the day, or declaring the day of accusation." In the meantime the accused was kept in custody, unless he found persons to give security for his appearance {sponsores eum injudicio ad diem dictam, sistendi aui mulctum, qua dammatas esset, solvendi] — i. e. " Sureties that he should be forthcoming at the day appointed, or pay the fine for which he should be condemned," who, in a capital trial were called " vades," i. e. "sureties." Liii. iiL 13. xsv. 4; and for a fine "prcedes," (perhaps freehold- ers.) Gelt vii. 19. When the day arrived, the magistrate ordered the accused to be cited from the Rostra by a herald. Vide lAv. xxxviii. 51. If the criminal was absent, without a valid reason {sine causa sontica), he was condemned. If he was detained by indisposition, or any other necessary cause, he was said to be excused ; and the day of trial was put off. An equal, or superior magis- trate, might, by his negative, hinder the trial from proceeding. Vide Liv. xxxviii. 52. If the criminal appeared and no magistrate interceded, the ac- cused entered upon his charge, which was repeated three times, vrith the in- tervention of a day between each, and supported his cause by witnesses, writings and other proofs. In each charge the punishment, or fine, was an- nexed, which was called " anquisiiio." Sometimes the punishment first pro- posed was afterwards mitigated, or increased. The accused usually stood under the Rostra, in a mean garb, where he was frequently subject to the scoffs and railleries ( probis et conviciis) of the people. This appears strange, if we consider the excellent method of the Roman people generally adopted in other parts of then" jurisprudence. After the accusation of the third day was finished a biU {Rogaiio)wBS pubUshed for three market days, concerning the law, in which the crime, and the proposed punishment, or fine, was ex- pressed. This was called "mvictce, pcenceve, irrogaiio ;" and the judgment of the people concerning it, " muktce, pcenceve, certatio," -vide Gic. de leg. iii. 3; for it was ordained that capital punishment and a fine should never be joined together, (ne pcena capitis cum peownio, conjimgereiw.) On the third market day, the accuser again repeated his charge, and the accused, or an advocate (patronus) for him, was permitted to make his defence, in which everything was introduced which could serve to gain the favor of the people, or move their compassion. Vide Oic. pro Rahir., liv. iii. 12. 58. Then the Comitia were summoned against a certain day, in which the people, by then- suffrages, should determine the fate of the accused. If the punishment proposed was only a fine, and a Tribune the accuser, he could summon the Comitia Tributa himself; but if the trial was capital, he asked a day for the Comitia Centuri- ata from the Consul, or in his absence from the Prmlor. Vide I4v. xxxvi. 3. xliii. 16. In a capital trial, the people were called to the Comitia by a trumpet. JuBicnnr paeium. — Among the Romans, the Judices, or Jury, were at first chosen only from the Senators : then by the Sempronian, law of C. Gracchus, only from the Equites ; afterwards, by the Seniilian law of Gcepio, fi'om both orders ; then by the Glaucian law, only from the Equites ; and by the lAvinian law of Drusus, from the Senators and Equites. But the laws of the Drusus being afterwards set aside by a decree of the Senate, the right, of judging was again restored to the Equites, alone. Then by the Plavtian law of-Silvanus, the Judices were chosen from the Senators and Equites ; and some of them also from the Plebeiaris; then by the Cornelian law of Sylla, only from the Senators; by the Awelitm law of Gotta from the Senators, the Equites, and Tribunes cerarii ; by the Julian law of Caisair, only from the Senators and Equites ; and by the law of Antony, also from the officers of the LAW GLOSSARY. 277 army. Vide MamtUns de leg. The number of these Judices were different at different times. By the law of Gracchus, 300 ; of ServiUus, 450 ; of Dru- sus, 650 ; of Plautius, 525 ; of Sylla and Cotta, 300, (as it is thought,) from Gic. Fam. viii. 8; of Pompey, 360, Paiercii. 76. Under the Emperora, the number of the Judices was greatly increased. Plin. By the Servilian law, the age of the Judices must be above thirty, and below sixty years. By other laws it was required, that they should be at least twenty-five ; but Augustus ordered that Judices might be chosen from the age of twenty. Suet. Aug. 32 ; as the best commentators read the passage. Certain persons could not be chosen Judices, either from some natural defect, as the deaf, dumb, &c., or by custom, as women and slaves; or by law, as those con- demned upon trial of some infamous crime, {tu/rpi et famoso judicio, e. g. car lumnice, prcevaricationis, furti, vi bonoruni raptormn; injuriam, de dolo malo, pro socio, matidati, iuielce, depositi, o6c.) — i. e. adjudged in a base and infamous judgment, e. g. for calumny, prevarication (or injuring his client by bribery, &c.), robbery of goods with violence; injuries of deceit, partnership, com- mission, guardianship and deposit, (or bailment,) &c. And by the Julian law, those degraded from being Senators ; which was not the case formerly. Gic. Gluent 43. By the Pompeian law, the Judices were chosen from per- sons of the highest fortune. Judices were annually chosen by the Prmtor Urhanns, or Peregrinus : according to Dio. Gassius, by the Questors, xxxix. 1 ; and their names written down in a list {in album relata, vel albo descrip- ia,) Suet. Tib. 61. Claud. 16, &c. They swore to the laws; and that they would judge uprightly, according to the best of their knowledge, (de animi sententia.) The Judices were prohibited hj Augustus imxa entering the house of any one. Dio. liv. 18. That they sat by the Prcntor on benches ; whence they were sometimes called his Assessors or " Consilium." The office of a Judex was attended with trouble, Gic. in Verr. i. 8 ; and, therefore, in the time of Augustus people declined it ; but not so afterwards, when the num- ber was greatly increased. Suet^ et Plin. JtWB Divnjo, ET JURE HUMAKO. — Among the Eomans, things with re- spect to property were divided. Some things were said to be of " divine rigW — others of " human right' — ^the former were called " sacred" [res sacrx) as altars, temples, or anything publicly consecrated to the Gods, by the au- thority of the Pontiffs — or "religious," (religioscB) as sepulchres, &e. or in- violable " sanx:tce," i. e. aliqua sanctione munitce — i. e. defended by some sanction, as the walls and gates of a city. Macroi. Sat. iii. 3. These things were subject to the law of the Pontiffs ; and the property of them could not be transferred. Temples were rendered sacred by inaugu- ration, or dedication, that is, by being consecrated by the Augurs, {consecrata inauguraiaqu^). "Whatever was legally consecrated, was ever afterwards in- apphcable to profane uses. Vide Plin. Ep. ix. 39, &c. Temples were sup- posed to belong to the Gods ; and could not be the property of a private person. Things ceased to be sacred, by being unhallowed (exaugu/ratione). Vide Liv. L 55. Any place became religious by interring a dead body in it. Sepulchres were held religious, because they were dedicated to the infernal Gods. Things of human right were called profane, {res profarwe,) and were either public and common ; as the air, running water, the sea and its shores, Ac. Virg. JEnetid, vii. 229, or private, which might be the property of individ- uals. Things which properly belonged to nobody, were called " res nvUius," (i. e. the property of no one,) as parts of the world not discovered ; animals not claimed, he. To this class was referred "hereditas jacens," or an estate in the interval of time betwixt the demise of the last occupier, and the entry of the successor. Things were either movable, or immovable. The movable things of a 278 LAW GLOSSAET. ferm were "rata cmsa," (i. c. things dug, or thrown down) as sand, coals^ stones, &a., which were commonly excepted "recepta" (or retained) by the seller. Tide Cic. Top. 26. Oral ii, 55. Things were also divided into corporeal and incorporeal, (such as rights, servitudes, &c.) The former Cicero calls "res qws sunt" (things which are.) The latter "res quae inieUiguntur," (things which are understood.) Vide Topic. 5. But others, perhaps more properly, call the former " Ees" (things,) and the latter "Jura" (rights.) Vide Quinct. v. 10, 116. The division of this, Horace briefly divides thus : " Fuit hcec sapientia quondam, Publica privaiis secernere, sacra profanis." de Art. Poet. 396. i. e. "This was the (rule of) wisdom, in ancient times, to draw a line of discrimination between public and private rights ; between what was saored and profane (or common)." Jure ebpkesbn'tationis. — A question arose in the tenth century respect- ing the right of representation, which was not then fixed, though now uni- versally established in Europe and America. " It was a matter of dispute," (saith the historian, ) " whether the sons of a son ought to be reckoned among the children of the family, and succeed equally with their uncles, if their father happened to die while their grand-father was alive. An assembly was called to deliberate on the point, and it was the general opinion that it ought to be remitted to the examination and decision of the judges. But the Emperor, following a better course, and desirous of dealing honorably withhis people and nobles, appointed the matter to be decided by battle between two champions. He who appeared in behalf of the right of the children to represent their deceased father, was victorious; and it was established by a perpetual de- cree, that they should thereafter share in the inheritance togetlier with their uncles." Vide "Witlihmdus Oorbiemis lih. Annal. ap. M. de Lauriere, Pref. Ordon, vol. i. p. 33. If we can suppose the caprice of folly to lead men to any action more extravagant than this (of settling a point in law by combat) it must be that of referring the truth or falsehood of a religious opinion to be decided in the same manner. To the disgrace of human reason it has been capable even of this extravagance. A question was agitated in Spain in the eleventh century, whether the Musarabic Liturgy and Ritual, which had been used in the churches of Spain, or that approved of by the See of iJoroe, which differed" in many particulars from the other, contained the form of worship most acceptable by the Deity. The Spaniards contended most zeal- ously for the Ritual of their ancestors. The Popes urged them to receive that to which they had given their sanction. A violent contest arose. The nobles proposed to decide the controversy by the sword. The King approved of this mode of decision. Two Knights, in complete armor, entered the list. John Buys de Mantanca, the champion of the Musaraibic Liturgy, was victorious. But the Queen and the Archbishop of Toledo, who favored the other form, insisted on having the matter submitted to another trial ; and had interest enough to prevail in this request,inconsistent with the laws of Coto- bat, which ought to have been acquiesced in as final. A great fire was kindled, and a copy of each Liturgy was cast into the flames. It was agreed that the book, which stood this proof and remained untouched, should be received in all the churches of Spain. The Musarabic Liturgy triumpl\ed also in that trial ; and if we may beheve Eoderigo de Toledo, remained un- hurt by the fire, when the other was reduced to ashes. Jus Civile, &c.— Among the calamities which the devastation of the Barbarians, who broke into the Soman Empire, brought upon mankind, one of the greatest was their overturning the system of Roman jurisprudence, the noblest monument of the wisdom of that great people, formed to subdue and govern the world. But the laws and regulations of a civilized community LAW GLOSSAEY. 279 were altogether repugnant to the manners and ideas of the fierce northern invaders. The Romans had respect to objects of which a rude people had no conception ; and their laws were adapted to a state of society, with which they (the invaders) were totally unacquainted. For this reason, wherever the northern conquerors settled, the Soman jurisprudence soon sank into oblivion ;, and lay buried for some centuries under the load of those institu- tions, which the inhabitants of Europe dignified with the name of "Laws." About the middle of the twelfth century, a copy of Justinian's Pandects was accidentally discovered in Italy ; and at that time the state of society was so far advanced, and the ideas of men so much enlarged and improved, by the occurrences of several centuries, that they were struck with admiration of a system which their ancestors could not comprehend. Men of letters studied this new body of laws with eagerness ; and within a few years after the dis- covery of the Pandects, professors of the Civil Law were appomted, who taught it publicly in most countries of Europe. Jus BT .EQUITAS, are distinguished, Oic Off. iii. 16. Tirg. ii. 426; jus et justitia: i. e. right and justice — jus civile; the civil law — et leges; and the laws. Phil. ix. 5. So cequum et lonum, 1. e. just and good — is opposed to caUidum versatumque jus, i. e. an artful interpretation of a (written) law. Oaecin. 23. Summum jus, (the rigor of the law,) summa injuria, (the greatest injury.) Off. i. 11. Summo jure agere; contendere; experiri; &c., i. e. to try to the utmost stretch of the law. It would appear from these words, and other sentences found in the ancient classics, and law writers, that as unmer- ciful and oppressive a spirit, or love of litigation, possessed some persons' minds in ancient times, as is found in many Utigating parties of the present day, who are really a bane to society. Jus ET Lez — Right and Law. The words "Jzis," and "Lex," are used in various senses, though sometimes confounded. They are both expressed by the English word " Law." Jms seems to imply what is just, and right in itself; or what from any cause is binding on us. Vide Gic. de Offic. iii. 21. Zex is a written statute, or ordinance, (lex quae scripto sancit quod vult, aut jubendo aut vetando. Gic. de leg. 1,6. — i e. a law established by writing, which is efficacious, either in commanding or forbidding. " A legendo, quod legi solet, ut innotescat " — i. e. "from reading, because it is wont to be read, that it might be notorious." Varr de Lai. ling. v. 7, u, ju^to et jure legendo, i. e. eligendo, "from a just and select law," Gic. de Leg. ii. 5, justorum injustorum quoe distinctio. ibid. — i. e. " the law, which distinguishes the just and unjust." Jus is properly what the law ordains, or the obHgation which it imposes ; {est enim Jus quod Lex constituit) — i. e. that is right ; (or that is binding) which the law ordains. Gic. de Leg. i. 15, ad Herenn. ii. 13 — or according to the Twelve Tables, " Quodcumque populus jussit, id jus esto — i c. whatever the people ordain, that is the law. Liv. vii. 17, ix. 33. Quod major pa/rs judicarit, id jus ratumque esto. Gic. — i. e. that what the major part shall adjudge, let that be the law." But Jus and Lex have a dififerent meaning, according to the words with which they are joined — thus jus natwce, vel naturale — i. e. " the law of nature, or natural law," is what nature, or right reason teaoheth to be right: and/tts gentium, i. e., "the law of nations," what all nations esteem to bo right: both commonly reckoned the same. Gic. Sexi. 42. Harusp.resp. 14. Jus civiwn, vel civile, i. e. "the law of citizens, or the civil law," is what the inhabitants of a particular country esteem to be right, either by nature, cus- tom, or statute. Gic. Top. 5, Off. iii. 16, 17. De Oral. i. 48. Hence constit- uere jus quo omnes retantur (pro Dom) — i. e. " to establish the law in which all are conversant." Gui suhjecti sint (pro Gcecin) — i. e. " to which all are subject." So jus Eomanorum, Anglicum, &c. When no word is added to restrict it. Jus Civile is put for the civil law of the Romans. Cicero some- 280 ■ LAW GLOSSARY, times opposes Jus Civile to Jus naiwale. Sext. 42 ; and sometimes to what ■we ca,ll criminal law, (Jits puUicum) — i. e. public law. Verr, i. 42, &o. Jtis commune, i. e. the common law, what is held to be right among men in general, or among the inhabitants of any country, ( Gic. Oaecin). Jus publicum, et privatum — i. e. "the public and private law;" what is right with respect to the people (quasi jw publicum), or the public at large; and with respect to individuals, pohtical and civil law. Liv. iii. 34, &c. But Jtis puUicum is also put for the right, which the citizens in common enjoyed. {Jus com- mune.) Jus divinv/m et humanam — i. e. "the divine and human law;" what is right with respect to things divine and human. Liv. i. 18, xxxix. 16. Hence, fas et jura sinunt (i. e. laws divine and human permit). Tirg. G. i. 269. Gordra jus, fasque — i. e. against law and justice. Sail. Oat. 15. Jus fasque exwre — ^i. e. "to depart from law and justice." Tacit. Hist. iii. 5. Jus GLADii. — Sword law is mentioned by our Latin authors, and by the SbrmMi laws, and means Supreme Jurisdiction, or that kept by force of arms. Tide Gamden. And it is said, that from hence, at the creation of an Earl, he is "gladio accinctus" — i. e. "girt with a sword," to signify that he has jurisdiction over the county of which he is made an Earl. Jus noNOE-iBiuJi. — By order of the Emperor Hadrian, the various Edicts of the Prcetors were collected into one, and properly arranged by the Lawyer, Salvias Julian, the great-grand-father of the Emperor Hidius Julian ; which was afterwards called Edictum perpetuum, or Jus honorarium, and no doubt was of the greatest service in forming that famous code of the Soman laws called Corpus Juiiis, compiled by order of the Emperor Justinian. Jus IMAGINUM. — Among the Bornans, those whose ancestors or themselves had borne any Ourule magistracy, that is, had been Consul, Prcetor, Censor, or Curule, JEdile, were called Nobiles ; and had the right of making images of themselves (jus imasinum), which were kept with great care by their pos- terity, and carried before them at funerals. Vide Plin. sxsv. 2. These images were nothing else but the busts or the effigies of persons down to the shoulders, made of wax, and painted ; which they used to place in the courts of their houses (atria), inclosed in wooden cases ; and which they seem not to have brought out except on solemn occasions. Vide Polyl>. vi. 51. There were titles or inscriptions written below them, pointing out the honors they had enjoyed, and the exploits they had performed. Juv. Sat. viii 69. Plin. xxxv. 2. Hence Imagines is often put for Nobilitas. Vide SaUust. Jug. 85, Liv. iii. 58; and Cera for Imagines. Vide Ov. Amor. i. 8, 65. Anciently, the right of images was peculiar to the Patricians; but afterwards the Plebeians also acquired it when admitted to Cerule offices. Those who were the first of their family that had raised themselves to any Cerule office were called Homines noti, new men or upstarts. Hence, Cic- ero honestly calls himself "Homo per se cognitus," i. e. a person reported by himself (or indebted to his own abilities only). Cic. in Gat. i. 11. Those who had no images of their own, or of their ancestors, were called Ignobiles, i. e. (lowly born, meanly descended). Jus LiBEETATis. — The right of liberty. This, among the Romans, compre- hended freedoin, not only from the power of the masters (dominorum), but also from the dominion of tyrants, the severity of magistrates, the cruelty of creditors, and the insolence of the more powerful citizens. After the expulsion of Tarquin, a law was made by Brutus that no one should be Kmg at Rome; and that whoever should form a design of making himself King, might be slain with impunity. At the same time, tbo people were bound by an oath that they would never suffer a King to be created. Roman Citizens were secured against the tyrannical treatment of magis- L A W G L S S A E Y . 281 tratea ; first, by the right of appealing from them to the people, and that the person so appealing should in no manner be punished till the people deoidecl the matter ; but chiefly by the assistance of the Tribunes. None but the whole Roman people in the Comitia Genturiaia could pass sentence on the life of a Roman citizen, No magistrate was allowed to punish him by stripes, or capitally. The single expression, " Sum Romanus CiTis" — i. e. "I AM A Roman Citizen," checked their severest decrees, and stayed the Liotor's hand. Gic. in Verr. v. 54, and 51, &c. Hence, " Quir- tare dicitw" qui Quiritium fidem damans implorat' — i. ti. one who implored the Roman protection. Vide Varro de Lat. Ling. v. t. Cic. ad Ftrni. x. 32. Liv. xxix. Acts Apost. xxii. 25. Jus PATRis. — The right of the father. A father among the Romans had the power of life and death over his children. He could not only expose them when infants ; which cruel custom prevailed at Rome for many ages, as among other nations. Cic. de Leg. iii. 8, &c., and a nae born infant was not held legitimate, unless the father, or in his absence, some person for him lifted it from the ground (terra levdsset), and placed it on his bosom ; hence called ^'ioUere filiwm," i. e. "to raise or educate; "non tollere," "to expose;" but even when his children were grown up, he had the right to imprison, scourge, send them bound to work in the country ; and also put them to death, by any punishment he pleased, if they deserved it. Vide SaU. Gal. 39. Liv. ii. 41, &C. Hence a father is called a " domestic Judge," or magistrate, by Seneca; and a Gensor of his own son, by Sueton. Gland. 16. Romulus, how- ever, at first, permitted this right only in certain cases. A son could acquire no property biit with his father's consent, and what he did thus acquire was called his " Peculium," i. e. "liis private property," as that of a slave. Vide Liv. ii. 41. If he acquired it in wa/r, it was called "peculium castrense." The condition of a son was in some respects harder than that of a slave : a slave when sold once became free from that master who sold him, but a son not so, until sold three times. The power of the father was suspended, when the son was promoted to any public office, but not extinguished. Vide Liv. ibid., for it continued not only during the life of the children, but Ukewise extended to grandchildren, and great grandchildren. None of them became* their own masters (sui juris) until the death of their father and grandfather. A daughter, however, by marriage, passed from the power of the father to that of her husband. And although the Roman laws in respect of children have been branded as very cruel and oppressive, yet, taking it in oM its bearings, as a system of patriarchal authority, it has been a question whether it was not in the aggregate productive of general good to the Republic. It is but seldom that any father is cruel — and disobedience to parents was in the earlier stages of the world a crime, only to be atoned for by death, particu- larly by the Mosaic law. Jus PUBLICUM ET PRIVATUM. — These words meant among the Romans, what is right with respect to the people {quasi jus populicwn), as if popular law, with the public at large ; and, in respect to individuals, political and civil law. Vide Liv. iii. 34. Bat jus publicum is also put for the right which the citizens in common enjoyed. Vide Terent. Phorn. ii. 2, 65. Jus QuTRiTiUM. — The right of Roman Citizens. These words were used abstractedly, and comprehended all their rights, which wore different at dif- ferent times. These rights were either private or public : the former were, perhaps, more properly called "Jus Quiritium," i. e. the right of citizens; and the latter "Jus Givitatis," i. e. the right of the state. Plin. Ep. x. 4, 6, 22 ; as there is a distinction between denization and naturalization. Those who did not enjoy the rights of citizens were anciently called " JBbstes," but afterwards "Peregrini." Vide Gic. Off. i. 12. After Rome had extended 282 J;AW GLOSSAEY. her empire, first over Laiium, then over Italy, and afterwards over tke greatest part of the then known world, the rights which the subjeots of that Empire enjoyed came to be divided into four kinds, which may be called Jus Quiritium; Jus Latii; Jus Italicum; and Jus Frovinciarum, vel Pro- vinciak. Jus soEiPTUit, &c. — ^The Soman law (as with us) was either written, or unwritten (jus scriptum, aut non scriptwm). The several species which con- stituted the jus scriptum, were laws, properly so called, the decrees of the Senate, the edicts or decisions of magistrates, and the opinions or writings of eminent lawyers. Unwritten law (jus non scriptum) comprehended natural equity and custom. Though, it is said, anciently, jvs scriptum only compre- hended laws properly so called. Vide Digest de orig. jur. All these the studious reader may find frequently enumerated, or at least alluded to by Cicero, who calls them Forties cequitatis — i. e. the fountains of equity. Vide Topic. 5, &c., ad Herenn. ii 13. JusTA LiEEETAS. — In the latter times of the Soman Empire, slaves used to be freed in various ways, as well as those which had been customary, which was called "Justa libertas," and included their being emancipated. 1st. "Fer Censum;" 2d. " Fer vindictam ;" and 3d. " Fer testamenium." In addition to these modes, they were also freed by letter {per Epistolam) ; among fiiends {inter arnicas); or by table (per mensam); if a master bid his slave eat at his table. Vide Plin. Ep. vii. 18 ; for it was thought disgraceful to eat with slaves, or mean persons, and benches (svhsellia) were assigned them, not couches, as generally used by the Somans ; at least those of the more wealthy sort, at their meals. Hence, imi subseUi, viz. " a person of the lowest rank." Flaut. Slaves made free, used to shave their heads in the temple of Feronia; and received a cap or hat as a badge of liberty. Hence, "adpileum servum vocare" — i. e. "to call the slave to the cap," for, ad liber- iatem (to liberty). Vide lAv. xix. 44. They were also presented with a white robe, and a ring by their master. They then assumed aproenomen, and prefixed the name of their patron to their own. Thus, Marcus Tullius Tiro, , (the freedman of Gicero.) JnsTioiAEii AD cttstodiam: Judjeorum: assi&nati. — Called "Justices of the Jews." King Sichard, after his return from the Crusades, A. D. 1194, appointed particular justices, laws and orders, for preventing the frauds, and regulating the contracts and usury of the Jews. JuSTioiAKn ITINERANTES, &0. — Justice in Eyre— so termed from the old yr. word "er«." These were Justices, who were, in ancient times, sent into divers counties to hear causes, especially such as were termed " Pleas of the Grown." These Justices, according to G-win, were sent but once in seven years; but this may be doubtful. Vide Hoveden. Jus TEIUM LIBEEOKUM. — This law IS frequently mentioned by Pliny, Mar- tial, &c. It was granted sometimes to women. Vide Dio. iv. 2. The privi- leges of having three children were an exemption from the trouble of guar- dianship, a priority in bearing offices (Plin. Ep. viii. 16), and a treble pro portion of corn. Those who lived in celibacy could not succeed to an in- heritance, except of their nearest relation, unless they married within one hundred days after the death of the testator ; nor receive an entire legacy Qegatv/m, omne, vel solidum capere), to take all, or the entu-e legacy, and what they were thus deprived of, in certain eases, fell as an escheat (caducum) into the Exchequer (fisco), or prince's private purse. Vide Juvenal, ix. 88. LAW GLOSSABT. 283 K. Kaia. A key, or wharf : a place to land and take in merchandise. Kalenda. The calends of a month. ICuXle xat SBOiaiavveg doyfiara vofiov.' The decisions of the law are those of equity and justice. Kaeaxare. To make characters ; to mark. Kaele. "A man." The Saxons called a domestic servant a husharh ; from whence, perhaps, the modern word churl. Kaerata. A cart-load. Keeche, Kirche, Kerchia, Kurk. A Church. Keenellaee. To fortify. Kiddle. A dam in a river with a cut in it arranged to catch fish. Killiagium, Keelage. ^A privilege to demand money for the bottom of ships resting in a port or harbor. KiNSBOTE. The fine or satisfaction paid for killing a kinsman. Knighten-gtld. An ancient corporation in London, consisting of nineteen knights. Kotfog Common : public. ■ Koftngo/jtaaof. A bond or engagement. L. Labefaceee fidem suam. To destroy his credit. Lacerta. A fathom. Laches. Neglect : supineness. L^siweep. To surrender; deliver up. LasTUM. See Lathe. 284 LAW GLOSSARY. Lapoedswie. Sax. Treaoliery against a lord or mas ■ ter. Laota. " A defect in the weiglit of money" ; wlience probably comes the word '■^Lacky La chose recoit encore mains de difOlcult^ si le capitaine parvenu au lien destin^, dissip^ la pacotUle charg^ a sa consignation I'est alors un risque de terre, dont le assureurs ne respond en aucune maniere. The matter is attended ■with still less difficulty, if the captain, after having arrived at his destination, injures or damages the vessel committed to his care ; it is then a land risk for which the insurers are in no manner responsible. L^S^ majestatis crimen. High treason. Laga. " Law." Hence we derive the Saxon lage, Mercen-lage, Dane-lage, &q. Lagan. Sax. Goods found in the sea. Lage-dat. a law-day. Lagbman. Homo habens legem i. e. hoTno legalis : such as we now call a good man of the jury. Lahman. A lawyer. Lahslit. Saxon or Danish. A breaking of the law. Laicos privilegio universitatis gaudentes. " Laymen enjoying the privilege of the university :" matriculated lay- men. Laiel. ^French. Lawful. Lal Law. Laiewite — ^Lecherwite, Legergeldum. -Sax. " legan," i. e. to lie with; and " wite," a. &ne ; " Poena vel mulcta offendentium in adulterio, et fornicatione." The punish- ment or fine (inflicted) on those caught in adultery and for- nication. Vide note. La loy de Mahomet confonde I'usance avec le pret ^ in- teret. L'usure augmente dans les pais Mahometans a pro- portion de la severite de la defence : le pretuer s'indemnise du peril de la contravention. ^The law of Mahomet con- founds usance with the loan at interest. Usury increases in the Mahometan countries in proportion to the severity LAW GLOSSARY. 285 of its prohibition. The lender indemnifies himself against the danger of the risk. La mandant qui ne respond point la lettreperla qml seo commissionaries luy expliquent qu'ils on fait, est censi ap- prover leur conducte quoiqu'ils agents exc^d6 le mandat, cette reception de la lettre, non contradite, est, parmi les negocians nn acte poaitif d'approbation. The consignor who returns no answer to a letter from his consignees, ex- plaining the transaction, is held to have approved their con- duct, although they may have exceeded their commission (or instructions) : the receipt of such a letter, not being denied, is considered among merchants as a conclusive act of approval. Lanceta. A kind of farming tenant. (Old Eng- lish Law.) Landboc. A Saxon deed for land or house. Laj^dea. A trench for draining lands. Landegandman. An inferior tenant. Landgable. ^Land rent. Landimee. ^Land boundary. Landslagh. A Swedish compilation of common law. Lajstgemanni. ^Lords of estates. Langtjebat usque ad decimum nonum diem mensis De- cembris anno 1628, quo quidem decimo nono die, &c., obiit, &o, He languished until the nineteenth day of the month of December in the year 1628, on whic hnineteenth day of, &c., he died, &c. Languidus in prisona. He is sick in prison : an an- cient return to a writ. Lakguidus vel mortuus est. He is sick or dead. Lano NIGER. An inferior coin. La propriete des choses mobliares est acquisi & I'enemi, moment qu'elles sont en puissance : et si il leo vend chez , nation neutres, le premisre proprietater n'est point endroit de les re eprendre. Property in things personal is ac- LAW GLOSSABT. quired by the enemy at the moment they are in his power, and if he sell them among neutrals, then the first proprie- tor has no right to retake them. Laron. A thief. Las partidas. A code of Spanish laws. Lasier. To leave out. Lata culpa dolo asquiparatur. — ■ — A concealed fault is equal to a deceit. Lathe.— — A division of a county, including sometimes two or three hundreds or more. Latherkve. He who exercised authority over a lathe. Latitat. " He lies hid." The name of a writ. Latitat et discurrit. He lurks, and runs about. Latrocinicm. Larceny. Vide note. Latroni cum similem habuit, qui furtum celare vellet, et occulte sine judice compositioaem ejus admittere. (The law) accounted that person as bad as the thief, who endeavored to conceal the larceny, and privately to receive a composition, without bringing the offender to justice. Laughlesman. Sax. An outlaw. Le defaut de transcriptionem ne pourra^ etre suppled ni regarde, comme convert parlar connaissance que lescrean- ciers ou les tiers aquereurs pourraient avoir eue de la dis- position par d' autres voies que celle de la transcription. A fault in the translation cannot be supplied, nor even regarded as truth, by the belief or testimony of those con- cerned (in the disposition) ; it must be decided by the other words of the translation. Le defendant malitiose dit, que ceo fuit false affidavit ; et que 40 voilent jure al contrarie. The defendant mali- ciously says, that it is a false affidavit ; and that he can pro- duce forty witnesses who will swear to the contrary. Ledo — Ledona. The rising water, or increase of the sea. Le don fuit bon et leal. The present was good and lawful. LAW GLOSSARY. 287 Le droit ecrit. Statute right. Legabilis. Signifies what is not entailed, as heredi- tary ; but may be bequeathed by a will or testament. Legatum. A legacy : bequest, or gift of goods or money, by will. Legatus. A legate. Vide note. Legem facere. To make law. Legem promulgare. ^To publish the law. .Leges autem Anglicanas, licet non scriptas leges appel- lari non est absurdum, cum hoc ipsum lex sit, quod prin- cipi placet, et legis habet vigorem, eas scilicet, quas super dubiis in consilio, diffindendis, procerum quidem consilio, et principis auctoritate accordante vel antecedente constat esse promulgatas, si enim ob solum scripturse defectum le- ges minime conferenter, majoris proculdubio auctoritatis robur ipsis legibus videretur accommodare scripturS, quam judices sequitate, aut rations statuentis. ^It is not, how- "iver, improper to bestow the name of laws upon the English laws, though they may not be written, inasmuch as that very thing may be law, which pleaseth the king, and hath the force of law ; that is to say, those (laws) which are known to have been promulgated for the resolving of difi- cult questions, by the advice of the great men of the king- dom, upon the previous motion, or with the subsequent assent of the king ; for if they were not to be holden for laws, by reason of their not being reduced into writing, it would seem that the law derived its weight and authority rather from the (bare) writing, than from the discretion of the judge, or the reasons which moved the lawgiver (for its enactment). Leges et constitutiones futuris certum est dare formam negotiis, non ad facta prseterita revocari, nisi nominatim, et de prseterito tempore, adhuc pendentibus negotiis cautum est. It is certain that the laws and constitutions are to prescribe a form to future transactions, and not to be re- ferred to matters already finished, unless specially named, 288 LAW GLOSSARY. k and (as) of a preceding time, as a caution to those which are yet pending. Leges figendi et refigendi consuetudo est periculos issi- ma. The practice of making and re-making the laws is most dangerous. Leges non scriptee. The unwritten, traditional, or common law. Vide note to " Traditione," &c. Leges posteriores priores contrarias abrogant. Subse- quent laws repeal those before enacted to the contrary. Leges quae retrospiciunt raro, et magna cum cautione sunt adhibendse ; neque enim Janics locaretur in legibus. — -■ — ^Laws which are retrospective are rare, and to be re- ceived with great caution, for Janus should have no situa- tion among the laws. Tide note. Leges Quiritium. The Eoman Laws. Vide notv. '' Leges Salicas. The Salic Laws. Vide note. Leges scriptEe. The statute, or written law. Leges sola memoriS et usu retinebant. " Thej re- tained their laws solely by memory and usage." This is what is called the Common law — the " Leges non scriptoe" unwritten laws. Vide note to Traditione, &o. Leges sub graviori lege. Laws subordinate to a su- perior law. Leges tabellarise. Laws respecting the vote by bal- lot. Leges vigilantibus, non dormiehtibus subveniunt. The laws relieve the vigilant, not those who sleep (over their rights). Legibus patrise optimeinstituti. Those best instructed in the laws of the country. Legibus solutus. Freed from the laws. Legis actiones. ^Law suits. Legis constructio non facit injuriam. The construc- tion of law does no injury. Legitima mariti et uxoris separatio apud competentem judicem cum causas cognitione, et sufficiente ejus probatione LAW GLOSSARY. 289 factse. " A lawful separation of husband and wife, by a competent judge, with knowledge of the cause, and suffi- cient proof of the fact." This was the definition of a di- vorce by the ancient Canon law. Legitime acquiatus. Legally discharged or acquitted. Legitimi. ^The issue of a lawful marriage. Vide note. Legitimo maritagio. By a lawful marriage. Legitimo matrimonio copulati. Joined in lawful wed- lock. Legitimum maritagium, et non ratum. "A lawful marriage, and not confirmed." This applied to marriages formerly solemnized between (Teiys, or others, not professing Christianity. Legitimum maritagium ratum. " A lawful, confirmed marriage." This was said of a marriage attended with due canonical solemnization. Legit vel non ? Eeads he or not ? Legit ut cleri- cus. He reads like a clerk. This was the question and answer where the person on trial claimed the benefit of clergy. i Leguleitjs quidam cautus et acutus pr^eco actionum, cantor fabularum, auceps syUabarum. A certain lawyer, wary and keen in declamation, a chatterer of idle stories, a captious (or pettifogging) fellow. Legum Anghcanarum Conditor. The founder of the English laws. Legum Anglicanarum Eestitutor. The restorer of the English laws. Legum denique idcirco omnes servi sumus, ut Hberi esse possumus. Wherefore, finally, we are slaves to the laws, that we may become free. Leipa. " A departure from service." " Si quis a do- mino suo sine licentia discedat ut ^'■Lei'pa" emendatur, et redire cognatur." If any person leave his master without his consent, he shall be punished for such departure and compelled to return. Yide Leg. Hen. 1, c. 43. Blount. 19 290 LAW GLOSSARY, Le loix extrems dans le bien font moitifs le mal extremes. Eigid lawSj altliougli made from good motives, pro- , duce bad effects. Le reason est, quia le keeping del cbeval est un charge, qxiia n mange ; mes le keeping del apparel n'est aucun charge. The reason is, because the keeping a horse is an expense, because he eats ; but there is no expense in keep- ing of clothes. Le Eoy le veut. — ^The king wills it. Le Roy remercie ses loyal sujets, accepte leur beneyo- lence, et aussi le veut. The King thanks his loyal sub- jects, accepts their benevolence, and wills it to be so. Le Eoy s'avisera. The king will consider. Vide note. Les assureurs, qui se sont renders garans de la barraterie du patron (ils) sont responsable de la perte de la pacotille assured, si cette perte arriv^ par la faute du capitaine, charge de la commission. The insurers, who have, in- sured against the barratry of the commander, are responsi- ble for the loss of the vessel insured, if this loss be occa- sioned by the fault of the captain charged with the care of it. Lescheives. Trees fallen by chance. Les juges sont sages personnes et autentiques si comma les archevesques, evesques, les chanoines des eglises cathed- raulx et les autres personnes qui ont dignitez in saincte eglise ; les abbes, les prieiirs conventraulx, et les Gouvern- eurs des eglises, &c. The Judges are wise persons, and of high authority, such as the Archbishops, Bishops, the Monks of the Cathedral Churches, and the other persons who hold dignities in the Holy Church ; the Abbots, Priors of Convents, and the Governors of C hurches, &c. Vide note. Les loix extremes dans le bien font naitre le mal ex- treme ; il falut payer pour la pret de I'argent et pour le dan- ger despeines de la loi.' ^Laws extremely good produce the greatest evU. We must pay for the loan of money, and for the danger of the penalties of the law. LAW GLOSSARY. 291 Lespegend. Sax. An inferior tliane. Les prelats seigneurs, et commons en ce present parlia- ment assemblers au nom de touts vous autres sujets, re- mercient tres humblement votre Majeste, et prient d Dieu vous donner en sant^ bonne vie et longue. " The Pre- lates, Lords, and Commons, in this present parliament as- sembled, in the name of all your other subjects, most humbly thank your Majesty, and pray to God to grant you good health and a long life." [This was an ancient address of the British Parliament to the King,] Lesque I'changer a chez novo luis de la declaration du guerre subsistent ou leur entir. S'il est forc^ de si retirer, il lui est eviseable de laisser sa procuration a un ami pour exiger ce qui lui est du, et pour actioner ceo debitinero en justice. Those who, on a declaration of war, are obliged to change their place of residence, must dwell in the latter entirely ; and if a person be compelled to retire, it is prop- er that he should authorize a friend to receive what is due to him, and to prosecute those who are justly indebted. Le subpoena ne serroit cy souventement use come il est ore, si nous attendemus tiels actions sur les cases, et main- tenans le jurisdiction de ces court, et d'autre courts. ■ The subpoena would not be so often used as it is, if we bring such actions upon the case and maintain the jurisdic- tion of this and of the other courts. Les usages et coutumes de la mer. Marine usages and customs. Leswes. Pasture lands. Le tien et le mein. Of thine and mine. Lettereure. Learning. Leuca, Leuua. A league. Leudis. A feudal tenant. Levand^ navis causa. ^In order to lighten the vessel. Levant et couchant. — ^Lying down and resting. 292 LAW GLOSSAET. Levajttes et cubantes. Easing themselves ; rising up and lying down. Levabi facias. That you cause to be levied. Levari facias de bonis. That you cause to be levied of the goods. Levari facias de bonis ecclesiasticis. That you cause to be levied of the church goods. Levis culpa. Slight fault. Lex. " The Law." This word, among the ancient Bomans, was often taken in the same general sense as Jus (Eight). When we find Lex put absolutely, the law of the Twelve Tables is meant. Vide Gic. Verr. i. 45. Lex agraria. The Agrarian law for distributing lands. Vide note. Lex amissa : or legem amitfere. One who is an infa- mous, perjured, or outlawed person. Bract. Lex anghsenunquam sine parliamento mutari potest. The law of England can never be changed without parlia- ment. Lex apparens. A term applied in English and Nor man law to the trial by duel and the trial by ordeal. Lex apostata: or legem apostare. To do anything contrary to the law. Lex aquilia. The Eoman law concerning the com- pensation to be paid for injuring or killing another's slave or beast. Lex atilia. A law concerning guardianships. Lex atinia. A law respecting things stolen. Lex Bainvariorum. ^The law of the Bavarians. Lex Barbara. A term given by the Bomans to the law of those nations not subject to their empire. Lex Brehona. The early law of Ireland before its conquest by Henry H. Lex Burgundibnum. The Burgundian law. Lex canonica. The Canon law. Vide note. Lex comitatus. :The county law. LAW GLOSSARY. 293 Lex communis. The common law, as opposed to statute law. Vide note. Lex citius tolerare vult privatum damnum quam publi- cum malum.-- — The law will rather permit a private loss (or damage) than a public evU.^ Lex Cornelia de sicariis. The Cornelian law con- cerning assassins. Lex Danorum. The law of Denmark. Lex deficere non debet in justitia exhibenda. The law ought not to fail in showing justice. Lex deraisina. An ancient Norman law, by which the party sued denies that he committed the act with which he is charged. Lex de maritandis ordinibus. The law of marriage rites. Vide note. Lex domicilii. The law of domicile. Lex est ab seterno. ^Law is from everlasting. Lex est sanctio sancta, jubens honestu et prohibens con- traria. Law is a sacred sanction commanding the right, and forbidding the wrong action. Lex et consuetudo parliamenti ab omnibus quserenda ; a multis ignota ; a paucis cognita. The law and custom of parliament, sought after by aU, unknown by many, and understood by few. Lex fori. The law of the court. Lex Falcidia. A Eoman law respecting a testator's disposal of his property. Lex Francorum. The law of the Pranks. Lex Frisionum. The law of the Frisians. Lex Fusia Canina. Eoman law respecting the manu- mission of slaves. Lex HostHia de furtis. The Hbstilian law concerning thefts. Lex judicat de rebus necessario faciendis, quasi re ipsa factis. The law judges of things that must of necessity be done, as if they were actually done. 294 LAW GLOSSARY. Lex Julia magistratis. The Julian law as to treason. Lex loci contracti. The law of the place where the agreement was made. Lex Longobardorum. -The law of the Lombards ; they were of Saxon origin, so that their laws are analo- gous to the English, Lex mercatoria. The law merchant ; mercantile law. Lex mercatoria est lex terrse. The mercantile law is the law of the land. Lex necessitatis est lex temporis. The law of ne- cessity is the law of the time or present moment. Lex neminem cogit ad vana seu impossibilia. The law compels no one to (perform things) vain or impossible. Lex nemini facit injuriam. The law does no injury Lex nil frusta facit. The law does nothing in vain. Lex non cogit ad impossibilia. The law does not oblige (a person) to do impossibilities. Lex non curat de minimis. The law does not regard trifles. Lex non exacte definit, sed arbitrio boni viri permittit. The law does not exactly define (this), but leaves it to the judgment of an honest man. Lex non requirit verificari quod apparet curiae. ^The law does not require to be proved what is apparent to the court. Lex non scripta. The unwritten, or common law : that which has been received from time immemorial by tradition. Vide note to " Traditiones" &c. Lex plus laudatur, quando ratione probatur. Law is most commendable when approved by reason. Lex Prsetoria. The Praetorian law. Lex pure pcenalis, obligat tantum ad poenam,' non item ad culpam ; lex pcenalis mixta, et ad culpam obligat, et ad pcenam. The law, merely penal, binds only as to penalty, not as to fiiult ; the mixed penal law binds both to fault and penalty. LAW GLOSSABT. 295 Lex Salica. " The Salique Law." A law by wMcli males only are allowed to inherit. It was an ancient law made by Pharamxynd, King of the Franks. It is somewhat singular that a nation like the French, which prides itself on its gallantry, should be almost the only one to exclude females from the throne. Lex scripta. The written or statute law. Lex talionis. The law of requital in kind : "An eye for an eye," &c., as in the Mosaic law. Vide note. Lex terrse. The law of the land : generally taken in contradistinction to the civil law, or code of Justinian. Lex Wallensica. The law of Wales. Lex Wisigothorum. The law of the "Western Goths who settled in Spain. Lez. Lands. LiBELLi famosi. ^Libels : infamous writings. LiBELLUS sine scriptis. ^A unwritten libel. LiBEEA a prisona. Discharge out of prison. Libera bateUa. A free boat. Libera eleemosyna. Free alms : charity. Libera et pura donatio. A free and pure gift (not clogged with conditions). Libera lex. Frank or free law. Libera piscaria. A free fishery. Liber Assisarum. The Book of Assizes. Liber et legalis homo. A free and lawful man. Liber homo. ^A free man. Vide note. Liber homo non amercietur pro parvo delicto, nisi se- cundum modiim ipsius delicti ; et pro magno delicto, se- cundum magnitudinem delicti, salvo contenemento suo; mercator eodem modo, salva merchandiza sua ; et vUlanus eodem modo amercietur, salvo wainageo sno. " That a free man be not fined for a trifling offence, but according to the extent of his crime ; and for a great offence accord- ing to the magnitude thereof, saving his freehold ; and the merchant, in the same manner, his merchandise being pre- 296 LAW GLOSSABy. served ; and the farmer in like manner, his wainage also being preserved." [Part of " Magna Charta.^'1 LiBEEi et legales homines de viceneto. ^Free and law- ful men (freeholders) of the vicinage, or neighborhood. Vide note to " Nbn Numero" &c. , LiBEKi sokemanni. Tenants in free soccage. Liber judicalis. The '^ Dom-hec,'" or " Dome-hooh,^ compiled soon after conquest of England by the Normans. Vide IQom-hec and note. LiBEK nigir scaccarii.' ^Black Book of the Exchequer. Liber ruber scaccarii. Eed Book of the Exchequer. LiBEROS et legales homines juratos. ^Free and lawful men sworn. LiBERTAS estpotestas faciendi id quod jure liceat. Liberty is the power of doing what is sanctioned by law. LiBEETAS loquendi. The liberty or freedom of speech. Vide note. LiBERUM animum testandi. A free (or uncontrolled) intention of bequeathing. LiBERUM corpus sestimationem non recipit. The life of a freeman is above aU computation. LiBERUM est cuique apud se explorare ; aut expediat sibi consilium. It is free for every one to weigh the matter in his own mind ; or to have resort to counsel. LiBERUM et commune soccagium. Eree and common soccage. LiBERiTM maritagium. A free marriage. Vide note. LiBERUM soccagium. Free soccage. LiBERUM tenementum. " Frank tenure or freehold." Anciently an estate held by a freeman, independently of the mere wUl and caprice of the feudal lord. LiBRiE arsse, et pensatee, et ad mimerum. Money burnt and weighed, and counted. Vide note. LiBBiPENS. In Eoman Law, the person who weighed or held the balances. LAW GLOSSAEY. 297 LiCEAT eos exheeredare quos occidere licebat. It may be lawful to disinherit those whom it is lawful to deprive of life. LiOEBAT palam excipere, et semper ex probabUi causa tres repudiari ; etiam plures ex causa pregnanti et mani festa. It was lawful openly to except, and three for a probable cause were always rejected ; and even more for a cause which was important and clear. LiCENTiA concordandi. ^Leave to settle (a suit). LiCENTiA loquendi. ^Liberty of speech. LiOENTiA surgendi. ^Leave to arise. Licet apud consilium accusare; quoque et discrimen capitis intendere. It is likewise lawful to impeach at the (general) council ; and to try capital offences. Licet in ambiguis capere consilium. He has liberty to have counsel in doubtful cases. Licet meretrix fuerit antea, certe tunc temporis non fuit, cum reclamando. nequitise ejus consentire noluit. Al- though she were a harlot before, she certainly was not so at that time, when, crying aloud, she would not consent to his lust. Licet ssepe requisitus. Although often requested, Licitaee.- To bid at a sale. Liege. in feudal law, to bind ; the subject thus bound in fealty to his lord was called liege-man, and the superior, liege-lord. It also signifies full ; perfect ; pure. LiEGE-POUSTiE. Scotch law. Lawful power. Lieu eonus. Known place. LiGAN, or Lagan. Goods sunk under water, fastened to a buoy, to prevent their being lost. LiGEANCE — ^Ligiantia. Old Norman, English and Scotch law. Allegiance. LiGNAGiUM. " The right of cutting fuel in woods." Sometimes it is taken for a tribute or payment due for the same. 298 LAW GLOSSARY. LiGULA. Old Eng. law. A copy or transcript -of a deed or court paper. Ll Lo. ^Abbreviated from licentia loquendi. LiNARlUM. Where flax is grown. LiNEA coUectio personarum ab eodem stipite descenden- tium. The collected line of persons descending from the same stock. Lingua peregrina. A foreign language. Vide note. Liquet. ^It appears. Lis mota. A suit moved in court. Lis pendens. A suit depending. Lite dijudicata. A term used by the Boman lawyers when a law suit was determined. Vide note. Litem lite resolvere. To remove one difficulty by in- troducing another. Litem suam facere. To favor one of the contending parties. Vide note, Litera. ^Litter : Straw. Vide note. Liters. ^Letters. Writings. Vide note. Litera cambii. A letter of Exchange. Liters absolutorise. "Letters of absolution." Let- ters of absolution were given in former times, wheo an Abbot released any of his brethren " ab omni subj'ectione, et obedientia" (from all subjection and obedience), and this made them capable of entering into some other order of religion. Liters clause. "Writs close." Those which are recorded in the close rolls. Liters patentes. ^Letters patent, so called because they are not sealed up, but exposed to open view, with the Great Seal thereto pendant. Liters procuratorise. A letter of attorney. LiTERiE recognitionis. A bill of lading. Litera scripta manet. " The writing endures." This is often quoted in opposition to verbal slander. One en- dures perhaps for years or ages ; the other is evanescent. Litis contestatio. The trial of the cause. LAW GLOSSARY. 299 Lnrus maris. The sea shore. LiVEEEB. To deliver. LivoRAEE. To beat. LoBiDM. A parlor. LocARiUM. The price paid for the hire of a thing. LocATio operis. The hire to do the work. LocATio operis faciendi. The hire of performing the work. LocATio operis mercium vehendanim. ^A bargain for the transportation of merchandise. LoCATio rei. The hire of the thing. Loco hseredis. In place of the heir. Loco parentis. In the place of the parent. Locum tenens. A Lieutenant Governor, or Deputy. Locum tenens vicecomitis. A Deputy Sheriff. Locus delicti. The place where the offence was committed. Locus in quo. The place in which. Locus partitus. A division made between two towns, or counties, to make trial where the land or place in ques- tion lies. Fkta, lib. 4. Locus poenitentise. The place (or opportunity) for repentance (or of retracting). Locus rei sitae. The place where a thing is situated. Locus sigilli. The place of the seal. Locus vastatus. The place laid waste. LoDEMANAGE. — — A pilot's wages for guiding a vessel &om one place to another. LoiAL. Lawful. LoiER. ^Fee ; recompense. LoNGTEYNE. 'Distant. LoQUENDUM ut vulgus, senticndum ut docti. Speak as the common people, think as the learned. Lower. ^Eeward : a bribe. LuAT in corpore si non habet in loculo. If he has no cash in his purse, he must suffer in his person. SOO LA-W GLOSSARY. Ltjcei causa. For the sake of profit or gain. LucTUOSA hsereditas, vel tristis successio. — — A moTirn- ful inheritance, or sad succession. LuiTUE homicidium certo armentorum ac pecorum numero, recipitque satisfactionem universa domus. Homicide is atoned for by a certain number of herds and flocks, and the whole family accept such satisfaction. Vide note to " Capitis cestimatio." LuNDBESS. An ancient London sUver penny. LuPULiCETUM. Old English law. A hop-yard. LuPUM caput gerere. "To bear a wolfs head." It signifies to be outlawed; and have one's head exposed like a wolfs, with a reward to him who should bring it in. Plac. Cor. 4, Johan. Bat. 2. LuSHBOEOW. ^Inferior foreign coin ; an imitation of the English. LuxuEiA. ^Luxury : voluptuousness. Vide note. Lyef-yeld. ^Lefive-money. NOTES TO L. Laiewtte, &C. — This was the term for the punishment and fine of offend- ers committing adultery and fornication. The privilege of punishing these offences, anciently, belonged to the lords of manors in respect to their own tenants. Tide^eto, lib. 1, c. i1. Latrooinidii. — A theft, or robbery of another's goods in his absence. It Is divided into Gramd Larceny and Petit Larceny. The ancient Saxon laws punished theft with death, if above the value of twelve pence ; but the crim- inal was permitted to redeem his life by a pecuniary ransom. LEGATns.^^A Legate. An ambassador, or Pope's nuncio. There are two sorts of Legates ; — a Legate, a latere, and Legatus natus — the difference between which is this ; Legatus a latere was usually one of the Pope's fam- ily, vested with the greatest authority, in all ecclesiastical affairs, over the whole family where he was sent ; and, during the time of his legislation, he might determine even those appeals which had been moved from thence to Eome. Legatus natus had a more limited jurisdiction, but was exempted from the authority of the' Legate a latere ; and he could exercise his jurisdic- tion in his own province. The popes of Rome had formerly in England the Archbishop of Ganterbwry their " Legatus natus ;" and upon extraordinary occasions they sent over a " Legatus a latere." LsflES QtT^i &o. — ^The temple of Janus was built by Numa (index beUi et I-AWGLOSSAET. 801 paois), with two brazen gates, one on each side, to bo open in war, and shut in time of peace. Vide Liv. i. 19. Vel. ii. 38. It was shut only once during the Republic, at the end of the first Punic war, A. V. 529 ; thrice by Au- gustus; first, after the battle of Aciium, and the death of Antony and Oleo- paira, A. U. 126. Dio. M. 20: a second time after the Cantahrian war, A. tr. 729. Dio. liii. 26: about the third time, authors are not agreed. Some suppose this temple to have been built by Eomulus, and only enlarged by Numa; hence they take Janus Quirini for the temple of Janus, buLlt by Hamulus. Yide Macrob. Sat. i. 9. Leoes QniMTiuM. — The great foundation of Roman law or jurisprudence (Eomani juris) was that collection of laws called the Law, (Lit. xxxiv. 6,) or laws of the Twelve Tables, compiled by the Decemviri, and ratified by tho people : a work, in the opinion of Cicero, superior to all the libraries of phi- losophers, "omnibus omnium philosophorum bibliotliecis anteponendum," "a work to be valued more than all the books of every philosopher." Vide Oic. de Oral. 1, 44. Nothing, now remains of these laws but scattered frag- ments. The unsettled state of the Boman government ; the extension of the em- pire ; the increase of riches and luxury, and, consequently, of the number of crimes, with various other circumstances, gave occasion to many new lawa (corruptissimd republica, plurimce leges), L-e. " the more corrupt the re- pubUc, the more the laws." Tacit Annal. iii. 27. At first, those ordinances only obtained the name of laws which were made by the Comiiia Genturiata (Populiscita), (i. e. made where the people were summoned to enact them.) Tacit Annal. iii. 58 ; but afterwards, those also which were made by the Gomitia Tributa (Flebisdla), when they were made binding on the whole Roman people ; first, by the Horatian law (ui quod iributim plehes jussisset, populum teneret). Liv. iii 55, i. e. "that which they voted by tribes should bind the people;" and afterwards more precisely by the Publilian and Hortensian laws {ut plebiscita omnes Quirites ienerent), i. e. "the Plebeian laws should bind aU the Romans." Vide Liv. viii. 12, Epit. li. Flin. xvi 10, s. 15. Any order of the people was called "Lex," whether it respected the pub- Uc (jus publicum vel sacrum), the right of private persons {jus privatum vel civile), or the particular interest of an individual. But this last was properly called "Peitile&ium." Vide Gell. x. 20. The laws proposed by a Consul were called " Gonsidares." Cic. Sext. 64. By a Tribune, Tribunitice, Cic. in EuU. ii. 8. By the " Decemviri," Decern- virales. Liv. iii 56, 66, 57- Leses Salice. — The Leges Bwgundiorvim, i. e. "The Laws of Burgundy," and other codes, published by the several tribes which settled in GoaH, were general laws extending to every person, province and district, where the au- thority of those tribes was acknowledged. But they seem to have become obsolete ; and the reason of their falling into disuse is very obvious. Almost the whole property of the nation was allodial when those law? were framed. But when fh&femidcd institutions became general, and gave rise to an infiniio variety of questions, pecuUar to that species of tenure, the ancient codes were of no use in deciding with regard to them, because they could not con- tain regulations applicable to cases which did not exist at the time they were compiled. Leoitimi. — The children of a lawful marriage were called by the Romans "Legitimi;" all others "lUegitimi;" of the latter there were four kinds: Natv/rales, ex concubina; Spu/rii, ex mereirice, vel scorto, et incerto paire; (Pluta/rch Q. Borne, 101.) Adulterini et incestuosi — i. e. "natural born from concubinage ; basely bom from a harlot, or a lewd woman, by an unknown 802 LAW GLOSSAET. father; adulterous and incestuous." There were certain degrees of aittsan- guinity within which marriages were prohibited, as between a brother and sister, an uncle and niece, Sec. Such connection was called "Incestus." (Suet. Ct. 26 ;) or with a vestal virgm. Vide Suet. Domit 8. These degrees were more or less extended or contracted at different times. Flut. QwBst. Bom. 6. Tacit. Ann. xii. 6, 7, &o. Lb Boy s'atiseha. — This is a phrase, derived from the ancient Normara, by which the Kings of England were accustomed to dissent to bills which had passed the Legislature. By this mode of expression, the indelicacy of a positive refusal to give assent was avoided. Les JCGes. — When the English laws were first dispensed according to the present mode of practice in the higher courts, the Judges in the Courts of Law and Equity were generally (or, perhaps, altogether) selected from the order of clergy mentioned in the text — they engrossed the greatest part of the learning of those days ; and were considered the most proper persons for the offices of Judges and Chancellors. They, by degrees, softened the rigor of the Feudal and Common law, by introducing great part of the milder jurisprudence of the Roman code. Lex agraria. — The Agrarian law (among the Romans) for distributing the lands of Campania and Stella to twenty thousand poor citizens who had each three or more children. Tide Cic. pro Plane. 6, Att. ii. 16, &c. When Sibulus, CsBSar's colleague, gave his negative to this law, he was driven from the f\/rum by force. And next day, having complained in the Senate, but not being supported, he was so discouraged, that, during his continuance iu office for eight months, he shut himself up at home, without doing anything but interposing by his edicts, vide Suet. Jul. 20 ; by which means, while he wished to injure his colleague, he increased his power. Lex canonioa. — The forms and maxims of the Canon. Law had become respectable from their authority, and contributed not a little towards the im- provement of jurisprudence. If the Canon Law be consMereA. politicaUy, and viewed either as a system to assist the clergy in usurping power and juris- diction, no less repugnant to the nature of their function than inconsistent with the order of government ; or as a chief instrument in establishing the dominion of the Popes, which shook the thrones and endangered the liber- ties of every kingdom of Europe, we must pronounce it one of the most for- midable engines ever used against the happiness of oivil society. But, if we contemplate it merely as a code of laws, touching the rights and properties of individuals, and attend only to the civil effect of its decisions concerning them, it will appear in a different and more favorable light. The code of the Canon law began to be completed early in the ninth century. It was more than two centuries after that before any collection was made of those customs which were the rule of judgments in the Courts of tjie Barons. Spiritual judges decided, of course, according to written and known laws. Lay judges, left without a,ny fixed guide, were directed by loose traditionary customs. But besides this general advantage of the Canon law, its forms and principles were more consonant to reason, and more favorable to the equitable decision of every point in controversy, than those which prevailed in the Lay Courts. The whole spirit of ecclesiastical jurisprudence was ad- verse to those sanguinary customs which were destructive of justice ; and the whole forCe of ecclesiastical authority was exerted to abolish them, and to substitute trials by law and evidence in their stead. .Almost all the forma in Lay Courts, which contribute to establish, and continue to preserve order in judicial proceedings, are borrowed from the Canon Law. Vide FUwy'i Instit. de droit Canon, part liL c 6, p. 62. LAW GLOSSARY. 803 St. Louis confirmed many of hia new regulations respecting property, and the administration of justice, by the authority of the Canon Law, from which he borrowed them. Thus, for instance, the first hint for attaching movables for the recovery of a debt was taken from the Canon Law. Vide Esiab. liv. ii. c 21 and 40. And likewise the Cessio bonorum, by a person who was in- solvent. Ibid. In like manner he estabUshed new regulations with respect to persons (lying mtestate. Liv. i. c. 89. These, and many other salutary regulations, the Canonists had borrowed from the Roman Law. Many other examples might be produced of more perfect jurisprudence in the Canon Law than were known in Lay Courts. For that reason, it was deemed a high privilege to be subject to ecclesiastical jurisdiction. Among the many im- munities by which men were allured to engage in the dangerous expedition for the recovery of the Holy Land, one of the most considerable was the declaring such as took the Cross to be subject only to the spiritual courts, and to the rules of decision observed in them. Lex ooMMtTxis. — The Common Law. The law which is used by general consent, and has been so from time immemorial — that which we enjoy as " Heir-looms," and which is the law before any act of Parhament alters the same. This is the law almost in every constitution, grounded on long im- memorial custom, reason, and general usage ; and includes in it the law of NATURE, the LAW OP GoD, and the pbinciples and axioms op sound ratio- cination. It is founded upon reason, and said to be the perfection of reason, acquired by long study, observation and experience ; and refined oy wise and learned men in all ages. And it is also the COMMON birth-rioht that every person hath for the safeguard and defence, not only of his lands and goods, but of his wife and children, body, fame and life. Vide Co. Lift, 97, 142. As to the rise of the Common Law, this account is given by some ancient writers. After the decay of the Roman Empire, three sorts of the German people invaded the Britons; and having had different customs, they inclined to the different laws by which their respective ancestors were gov- erned ; but the customs of the West Saxons, and Mercians, who dwelt on the midland counties, being preferred before the rest, were, for that reason, called "Jus Anglorum," and, by these laws, those people were governed for many ages ; but the East Saxons, having afterwards been subdued by the Danes, their customs were introduced, and other laws were substituted, called " Dane-Lage," as the other was then styled "West Saxon-Lage." At length the Danes being overcome by the Normans, William the Conqueror, upon a consideration of all those laws and customs, abrogated some, and established others, to which he added some of his own country laws, which he consid- ered most conducive to the preservation of the peace, and this is what is generally called "The Comiion Law." But, though we usually date our Common Law from hence, this was not its origin; for it is said that Ethelbert, the first Christian King of England, made the first Saxon laws, which were published by the advice of some wise men of his council. And King Alfred, who lived three hundred years afterwards, collected all the old Saxon laws into one book ; and commanded them to bo observed throughout the whole of England ; which before only affected certain parts thereof; and it was, therefore, properly called the Common Law ; be- cause it was common to the whaU nation ; and soon nfter it was called in Saixon "The Folc Risht," L e. the people's right Alfred was styled " An- glicarum legwm conditor," (the founder of the' English laws ;) and when the Danes, on the conquest of the kingdom, had introduced their laws, they were afterwards destroyed ; and Edward the Confessor, out of the former laws, composed a body of the Common Law ; wherefore he is called by his- torians "Anglicourwm, kgum restitutor," (the restorer of the Enghsh lawa) Vide Blowht. In the reign of Edward the First, BriUon wrote his learned book of the 80i LAW GLOSSABT, Common Law of Englamd, which was done by the King's command, and runs in hia name, answerable to the Institutions of the Civil Law, which Jnstiman assumed to himself, though made by others. Vide Staundf. Prerog. 6, '-21. But Justinicm, perhaps, ought to be entitled to the honor, as the In- stitutes were compiled by his direction. This Britton is mentioned by Gwyn to have been Bishop of Bereford. In those days ecclesiastical persona were the most learned, and had the highest offices in the law. Bradon was a great lawyer in the time of Henry the Third ; and wrote a learned treatise on the Common Law of Englcmd, held in high and deserved estimation ; he is said to have been Lord Chief Justice of the Kingdom. Also the famous and learned Glanville, Lord Chief Justice, in the reign of Smry the Second, wrote a book of the Common Law, which is said to be the most ancient composition on that subject extant. Besides those, in the reign of Edward the Fourth, the renowned lawyer, LitUeton, wrote his excellent book of English tenures. In the reign of King James the First, that great oracle of the Law, Sir Edward Coke, published his learned and laborious Institute of the English laws and Commentary on LitUeton. About the same time, Hkewise, Doctor Cmuel, a Civilian, wrote a short Institute on the English laws. In the reign of George the First, Doctor Thomas Wood, a Civilian, and common Lawyer, and at ^t a Divine, wrote an Institute of the Laws of England, which is something after the manner of the Institutes of the Civil Law. To conclude the whole on this head, the learned and systematic Bhckstone, pubHshed his well-known Commentaries on the laws of England, probably the best analectio and methodic system of the English Laws which ever was published ; his work abounds with numerous maxims, quotations and sen- tences, chiefly extracted from the dead languages ; all of which, or nearly so, are translated in this Glossary. The Commentaries of Blackstone are equally adapted for the use of the Student, and for those Gentlemen who wish to acquire that general knowledge of the Laws, which it is almost es- sentially necessary every person should be acquainted with. There is scarcely a doubt but that these Commentaries have been of more utility than any other law book ever published. The excellent Commentaries of Chan- cellor Kent have obtained high estimation Lex de maeitandis oedinibuS. — This was a Eomom law, proposed by the Consuls, Pappius and Popceus, at the desire of AugvMus, A U. 162, enforc- ing and enlarging the Julian Law. Tacit. Ann. iii. 26, 28. The intent of it was to promote population, and repair the desolation occasioned by the civil wars. It met with great opposition from the nobUity ; and consisted of several distinct particulars, (Lex satura.) It proposed certain rewards to marriage ; and penalties against celibacy, which had been always (and justly so) much discouraged in the Roman state, vid. Yal. Max. ii. 9. lAv. xiv. 15 and, strange to say, stiU it greatly prevailed, for reasons enumerated. Tide Plant. Mil iiL 185, 111, &c. Whoever in the city had three children, in the other parts of Italy, four, and in the provinces five, became entitled to cor- tain immunities. Hence the famous " Jus trujm libeeorum," so often men- tioned by Pliyi. Mart. &c. Vide note to " Jus trium liberorum," Lex TALiONis. — In the laws of King Ethelbert, we find the following laws. " Gif on Ea/rVs time man maniian of sleath xii. sciU. gebete," i. «. If one man slay another in an Earl's town, l6t him pay 12s. as a compensation. " Gif in, Oyninges time man manna of sleagh L. scill, gebete," i. e. If one man slay another in the King's town, let him pay 503. as a compensation. " Gif man thon£ man of slceth xx. sciU. gebete," i. e. If any man slay another let him compensate with twenty shiUings. If the thumb should be cut off twenty shillings was to be paid. If the thumb nail should be cut off three shillings Bhould be paid as a compensation. If any one out off another's fore finger, LAW GLOSSARY. 305 ha was to pay eight shillings : for the middle finger four shillings : for the gold finger (where the ring was worn) six shillings: for the little finger eleven shillings. There appears to have been considerable caprice in the ap- portionment of these penalties ; and every murder appears to have been commutable for money in the time of our Saxon ancestors 1 1 LiBEE HOMO. — These words are commonly opposed to " Vassus," ' or " Tassalus." Liher homo generally denotes an Allodial proprietor. Va.t- sus one who holds of a superior. The words ^^ Liher Soma" in process of time, it is believed, meant those who were under no vassalage, servitude or bondage, although they might not own allodial lands. These freemen were bound to serve the state ; and this duty was considered as so sacred, that freemen were prevented from entering into Holy Orders, unless they had obtained the consent of the sovereign. The reason given for this in the statute, or ordinance, is remarkable, viz. : " For we are informed that some do so, not so much out of devotion, as in order to avoid that mihtary service they are bound to perform." Vide Capiiul. lib. 1, § 114. If, upon being summoned into the field, any person refused to obey, a full " Serebamnum," i 0. a fine of sixty crowns, was to be exacted from him according to the la\v of the Franks. This expression,, agreeably to the law, seems to imply that both the obligation to serve, and the penaliy on those who disregarded it. were coeval with the laws made by the Franks., at their first settlement in Gaul. This fine was levied with such rigor, " that if any person convicted of tliis crime was insolvent, he was reduced to servitude, and eontmued -in that state, until such time as his labor should amount to the value of the Herebannum." Vide Oa/pit Oar. Magn. ap. Leg. Longob. lib. 1. The Em- peror, Lotharius, rendered the penalty still more severe ; and if any person, possessing such an extent of property, as made it incumbent on him to take the field in person, refused to obey the summons, all his goods were declared to be forfeited, and he, himselfj might be punished with banishment. Vide Mural. Script. ItaX. vol. 1, pars 2, p. 153. LiBEETAS LOQUENDL — Among the Romans, the speeches of the senators were sometimes received with shouts of a,pplause ; thus ." Gonmrgenii ad amsendum acdamatum est, quod solet residentibus." Plin. Ep. iv. 9, i. e. " Ap- plause was given to the person who arose to give his opinion as well as to those sitting down." And sometimes the most extravagant expressions of approbation were bestowed on the speakers ; " non fere quisquam in senaiu fiiit, qui non me complecteretur, exoscularetur, certatimque taude cumula/ret," Idem ix. 13, i. e. " there wa^ scarcely a person in the senate who did not embrace, kiss, and eagerly applaud me." When Gato one day, to prevent a decree from being passed, attempted to waste the whole day in speaking, Goesar, then Consul, ordered him to be led to prison ; whereupon, the house rose to follow him, which made Gcesar recall his order. Vide GeiU. iv. 10. When different opinions were delivered, the senators expressed their a.^ sent, some to one, and some to another, variously, by their looks, by nodding with their heads, by stretching out their hands, &o. Vide Tacit. Hist. iv. 4. LiBEEUM MAEiTAGroM. — Frank marriage. A Teniu'e in tail special ; whore a man seized of land in fee-simple, gives it to another with his daughter, sister, &o., in marriage, to hold to them, and their heirs. This tenure grow- eth from the words in the gift, " Sciant me A. B. dedisse, concessisse, &c., L. M. filio meo, ei Annae nxori ejus, JUioe, &c., in liberum mm'itagium unvrm messua- giwn, &c. Lltt. § 17, i. e. " Know all men that I, A. B., have given and granted, &c., unto L. M., my son, and Anne his wife, daughter ol^ Ac, in Frank-marriage one messuage, &o." The effect of which words is, that they shall have the land to them, and the heirs of their bodies ; and shall do no Bervice to the donor, except /ecriJy, until the fowrih degree. Vide GlanviUe, 20 306 LAW GL08SAET. lib. 7, c. 18 ; and Fleia gives the reason why the heirs do no serrioe till the fowth degree, " ne donatores, vel eorwm hceredes per homagii receptionem a re- versione repeUaniw," i. e. "lest the donors or their heirs should be expelled from the reversion by acceptance of the homage;" aniwhy, m the fmirth de- gree, and downwards, they shali do services to the donor, " quia in quarto gradu vehemenier prcemmiiur quod terra est pro defectu hmredvm donatorvm reversttra," i. e. " because in the fourth degree it is very strongly presumed that the land is come hack for want of heirs of the donors." Fleta, lib. 3, t. 11. Vid. Bi-aet. lib. 2, c. 1. LiBBiS, ARS^, ET PEirsAT.E ; ET Ai) NUMEEUM. — A phrase ofteu occurring in Domesday's Register, and some other memorials of that and the next age, as " Ailesbwy" in Buckinghamshire, the King's manor. In totis vdlentiis red- did Ivi. lib. arsas et pejfisaias, et de theolonio x. lib. ad numerum, i. e. " In the ■whole value it pays fifty-six pounds, burnt and weighed ; and ten pounds by tale." For they sometimes took their money ad numerum,, by tale, in the current coin, by consent ; but sometimes they rejected the common coin by tale; and money coined elsewhere than at the King's mint, by Bishops, Cities, and Noblemen, who had mints, as of too great alloy ; and would therefore melt it down to take it by weight, when purified from the dross, for which purpose they had, in those days, always a fire ready at the Exchequer to burn the money, and then weigh it. Vide Oowell. LiSEUs — ^Is used for " liege" lord, sometimes for " liege" man ; the word is often used in the ancient law. The feudal system, however violent and fierce, in many of its features, yet was, (perhaps more than is generally sup- posed at the present day,) a kind and enduring tie between the superior lord, and the tenant or liege man, especially when.the former was brave and gener- ous, and the latter faithful and courageous. Liege lord is he that acknowl- edges no superior ; and liege man is he that oweth obedience to his I'ege lord; and though we continually read of the tyrannical bearing of the feudal Barons, towards their Vassals, yet in those rude times, many acts of private benevolence, and noble conduct, no doubt, characterized those chivalrous and large proprietors of land ; their houses were constantly open to the stranger and the distressed ; and thousands found an Asylum, who in these days of refinement, wealth and commercial prosperity, would be left desti- tute. Skene says that the word liege is derived from the Italian li'gan, a bond, a leaguer ; others derive it from litis, or one who is wholly at the com- mand of the Lord, Yiie Blount in loco. It is probable that SAatopeare had in his mind this bond of allegiance, subsisting between the lord and his vassal, when he said, " Though perils did Abound, as thick as thought could make them, and Appear in forms more horrid ; yet my duty, As doth a rock against the chiding flood, Should the approach of this wild river break, And stand unshaken yov/rs." King Henry TIIL LiNQUA PEEEGEINA. — When the pleadings and judgments of the courts, and many of the law treatises were in Norman French, and the most barba- rous LaMn imaginable, the difficulty of the study of the law, in order to ar- rive' at any eminence in it, was considerably greater than at the present day. We find a student making an almost inconsolable and whining complaint in these words : " Emisit me maier Londinum, juris nostri capessendi gratia ; cujus cum vestibulwm salutassem, repe/rissemque linguam peregrinam, dialeclum barbairum, methodum inconcinnum, nwlem non ingeniem solum, sed perpetaia humeris mstinendam, excidii mihifateor anktms," &c., i. e " My mother sent -LAW GLOSSARY. 307 me to London, for the purpose of entering upon the study of our law ; when I had even entered its threshold, I discovered a foreign language, a barba- rous dialect, an unhandsome method, an encumbrance not only prodigious, but to be perpetually supported on my shoulders, I confess my mind shud- dered," &C. Lite dijudioata. — Among the Somans, after Judgment was given, and the lawsuit determined, {lite dijvdicatd,) the conquered party was obliged to do or pay what was decreed, {judicatwm facere, vel solvere ;) and if he failed, or did not find securities, (sponsons vel viiidioes,) within thirty days, he was given up {Judicaius^ i, e. damnatm el addictus est) by the Prmtor to his advei> sary, (to which custom Bbr. aUudes, OSe iii. 3, 23,) and led away by him to servitude. Oic. Place 19, Liv. vi. 14, 34. These thu1;y days are called the Twelve Tables, "diesjusti," i. e. Days of grace : "rebiis jure judicatis, xxx. dies jusU sunto, post deinde manus injectio esio, in jns dm.ito^'' i. e. "the law- suit being finished, thirty days' grace are given, after which let him be talceu and brought before the court." After sentence was passed the matter could not be altered ; hence the term "agere ctctwm," to labor in vain. Vid. Gic Amic 22, Attic, ix. 18. Actum est — acta est res — perii — i. e. "all is over — I am undone." Vid. Ter. Andr. iii. 1, 7. Adetph. iii. 2, 1. In certain cases, however, when any mistake or fraud had been committed, the Prcetor re- versed the sentence of the Judges, rem judicatum rescidit, (i. e. he annulled the sentence,) in which case he was said, " damnatos in integrum restituere," (i. e. he entirely restored the condemned.) Cic. Verr. v. 6 ; or " Judicia restituere." ("to restore the decree.") After the cause was decided, the defendant, when acquitted, might bring an action against the plaintiff for a Cilse accusation (actionem cainmnus postulate). Tide Gic. Pro. Gluent 31. Hence, " calumnice litium," i. e. liCes per calumniam intentce, or unjust lawsuits. Vid. Gic Mil 27. LiTEit SUAM FAcERR — If a Judge, among the Romans, either from par- tiality or enmity (graUd vel immicitid), evidently favored either of the parties, he was said, " litem suam facere" to make it his own suit. Vid. Ulpian Gell. x. 1. Gicero applies this phrase to an advocate too keenly interested for his client, de Qrat. ii. 75. If Gicero meant this in a disgrace- ful sense, it would appear to have done him no credit, for the most worthy men in all ages accounted it their greatest honor and consolation to use every honest exertion and fair means Tor the service of those who, perhaps, have placed their Uves and fortunes in the hands of their advocates ; their duties are extremely responsible ; and frequently everything dear to man is in their power. By the Soman law, if a Judge was suspected of having taken money from either of the parties, or to have wilfully given a wrong judgment, an action lay against him. By the Law of the Twelve Tables, corruption in a Judge was punished with death ; but afterwards, as a crime of extortion. In tiie time of King Alfred, corrupt administration was a cause of capital punishment It is reported that this King hanged forty-four unjust Judges in one year. Vide Mirror des Justices, c 2. LtTERA. — From the Fr. " litiere" — Xia,t "lectum." Litter. This word was anciently used for straw for a bed ; even the " King's bed." In our law books this word is often used for the article called litter, now used in stables among horse.s, &c. Rushes and sti aw generally composed the material for the sleeping places of our martial ancestors, and occupied the place where feathers and down are now substituted ; and many allusions to the flag and rush are to be found scattered in the ancient writings. It appears that the practice of sleeping on rushes was customary so late as the time of Henry IV., as Shaksptare, speaking of a husband, sung to sleep by his wife, says: 808. LAW GLOSSABY. " She bids you Upon the -wanton rushes lay you down, And rest your gentle head upon her lap, And she will sing the song that pleaseth you." King Benry IV. Rushes composed the beds upon which the chivalrous sons and fair dam- sels of the feudal ages reposed. The word litera, however, seems to have been generally used in Law Books for what is now usually called litter, for horses, &c., for we read "tres careciatas literte." Vide Mon. Aug., torn. 2. LiTEE^. — ^This word often occurs in ancient authors : it not only meant "Letters," but aM kinds of writings were called "ZAteroe." Cic. passim. Hence, " quam veUem neecire literas." I wish I could not write. Vide Suet, Ner. 10. Senec. Clem. — but Utefroe is most frequently applied to epistolary writings (Epistolai vel chartce epistolares.) Cic. Epistoke were always sent to those who were absent. (Cic.) Godicilli were given to those present. (Tacit.) The Eoma/ns, at least in the time of Cicero, divided their letters, if long, into pages, and folded them in the form of a little book; and tied them around with a thread (J/ino dbligaian(), the knot was covered with wax, or vrith a kind of chalk, and then sealed, generally with a ring, or some im- pression thereon. If any small postscript remained, after the page was completed, it was written crosswise (iransversim) on the margin. Vid. Cic. AU. V. 1. In writing letters, the Romans always put their own name^rsi; and then that of the person to whom they wrote, Auson. Ep. 20 : sometimes with the addition of " 3uo," as a mark of familiarity or kindness. If he was invested with an ofBce, that likewise was added, but no epithets, (as among us,) unless to particular friends, whom they sometimes called " Bv/numissi/mi ;" " Op- timi;" " Dutcissimi ;" " AnimxB sum ;" i&c. YiAe Cic. et Flin. passim. They always annexed the letter S for "Salutem," sc. "wisJies health." Hence, "sahiterri alicui mittere," "to send health to any one." Vid. Plant. They used anciently to begin " Si vales, bene est," i. e. if you are in health, it is well: ^'vel, gaudeo;" "egovaleo." "I am glad;" "I am well." Vide Senec. Ep. i. 15, &c. They ended with " VaM," " Farewell." Ov. frist. t. 13, 33. Sometimes they wrote " Am,^' "Adieu;" or " Salve," " Save you," to a near relation, with this addition, "Mi anime," "My soul;" "Mi suavissime," "My dearest," &o. They never subscribed their names as we do ; but sometimes added a prayer for the prosperity of the person to whom they wrote, as " Deos obsecro ut te conservent," "I pray the Gods save you." S2iet. Tib. 21 ; which w;a3 always done to the. Emperors. Letters were sent by a messenger, commonly a, slave, called " TdbeUarius," for the Romans had no estabhshed post. There sometimes was an inscription on the outside of a Letter : sometimes not. When Becimus Brutus was besieged by Antony, at Mutina, Birtius and Octavius wrote letters on thin plates of lead, which, it is said, they sent to him by means of divers (uritiaiores,) and so received his answers. Vid. Dio. xlvi. Frontin iii. 13, 1. Appian describes letters on leaden bullets, and thrown by a sling into a besieged city, or camp. Jviius Gcesar, when he wrote to any one what he wished to keep secret, always made use of the fourth letter after that which he ought to have used, as D for A, &c. Vide Suet. Gees. 56. Augustus used the letter following, as B for A. The Romans had Slaves, or freedmen, who wrote their letters (called "ab epistoUs;") persons who transcribed their books were called "librarii;" those who glued them, " glutinatores :" some polished them with pumice stone, and anointed them with the juice of cedar, to preserve them from the moths and rottenness. Hence we read of " ca/rmina cedro linenda," "worthy of immortality." Bor. Art. p. 232. The titles and indices vrere often marked with vermilion, purple, red earth, or red ochre. LAW GLOSSAEY. S0& LtmjEiA. — ^There ■were many laws formerly made to restrain excess in apparel; but they are repealed by siat. 1, Jac. 1, c. 26. But as to excess in diet, there still remains one ancient statute unrepealed, viz. : 10 Edwd. 3d stat 3, which ordains " that no man shall be served at dinner with more than two courses, except in some great holiday, therein specified, on which he may be served with three." Black. Com. 110, 171. M. Macegeiefs. Persons who dealt in stolen flesh. Machinans absque probabili causa. Plotting -with- out a probable ca,use. Macholum. A granary without roof. Maceemium. Ship or house timber. Magbote, or M^GBOTE. ^From the Sax. " Mceg." i. e. a kinsman, and " bote," a compensation. This means com- pensation for murdering one's kinsman in ancient times, when corporeal punishments for murder were often com- muted into pecuniary fines, if the friends or relatives of the party killed were so satisfied. Vide Leg. Canuti, c. 2. Magis proprie dici poterit wrectum, si navis firangatur, &c., nisi ita sit quod verus dominus aliunde veniens, per certa indicia et signa docuerit res ipse suas ; ut si canis vivus inveniatur, &c., et eodem modo, si certa signa.apposi- ta fuerint mercibus et aliis rebus. It may therefore more properly be called a wreck, if the vessel be broken to pieces, &c., unless it happen, that the true owner appearing, learn, by certain marks and signs, that the goods are his, as if a live dog be found, &o., and, in the same manner, if certain marks were placed on the wares and other things. Magistealia brevia. Magisterial writs. Magna assisa. " The great assize." The assize in which the jurors were knights Magna Charta. The great Charter ; the bulwark of English liberty. Vide note, SID LAW GLOSSAET. Magna componere parvis. To compare great things ■with small. Magna precaria. A general reaping day. Magnates graves ultiones fecerunt, et districtionra quos- que redemptiones reciperunt ad voluntatem suam. The nobles committed grievous injuries and took arbitrary dis- tresses until they were redeemed. Magnates regni. The great men of the realm : the nobles. Magnitudine laborant sua. They totter under their own weight, Magnopeee providendum est. Great care must be taken. Magnum Cape ad valentiam. " The great Gajpe to the value." Ca/pe is a judicial writ touching a plea of lands or tenements, and is divisible into Cbpe magnum, and Ca'pe farvum. Magnum Consilium. The great Council. Maheme. See Maihem. Mahlbeief. The name of the contract between the builder and owner of a vessel, in which the size and class of the vessel is specified, as also the time of building her, and the terms of payment. Ma/ritime law. Maihem, Mayhem, Maim. ^In law, the depriving another of his limbs or eyes by violence ; thus weakening him for self-defence. Vide note. Maille. A half-penny ; a tribute. Mainboue. A surety. Mainour, or Manoub, or Meinoue. From the Fr. " Manier," i. e. " manu tractare." In a legal sense this de- notes the thing taken away, found in the hand of the thief who stole it. Thus, to be taken with the " mainour" is to be taken with the thing stolen about him. Formerly, in these cases there appears to have been one mode of prose- cution by the common law, (without any previous finding by a jury,) as when a thief was taken with the mainour, LAW GLOSSARY. 311 " in manu" he miglit, wlien so detected, "flagrante delicto,'" be brought into court, arraigned, and tried without indict- ment. Mainovre. Hand labor. Mainpernable. That may be admitted to bail. Mainpernors. " Manucaptors," are those persons to whom a man is delivered out of custody or prison, on their becoming bound for his appearance ; because they do, as it were, " manu capere,^^ et ditcere captivum, e eusiodia, i. e. "take by the hand," and lead the prisoner out of cus- tody. Mainprize — Manucaptio. ^From the Fr. " main" L e. a hand, and "pris," taken. The taking, or receiving a per- son into friendly custody, who otherwise might be commit- ted to prison, upon security given that he shall be forth- coming at a time and place assigned. Mainsworn. Perjured. Maintien le droit. Maintain the right. Mais il faut que ces choses la soient veritablement au pouvoir de I'enemie, et conduites en lieu du surety. But it is necessary that these things should be really in the power of the enemy, and conveyed to a place of safety. Major annus. The bissextile year, or 366 days. Majora regalia. The greater rights of the crown. Majora regalia imperii prseeminentiam spectant, minora vero ad commodum pecuniarum immediate attinent, et h^o proprie, fiscaha sunt, et ad jus fisci pertinent. The greater rights of the crown regard the regal preeminence, but the lesser directly pertain to pecuniary emolument, and these are properly of the Exchequer, and belong to reve- nue rights. Majori summse minor inest. The lesser goes with the greatei. Majus jus. The greater right. Mala fide possessio. An occupation (or holding) in bad faith (or illegally). 312 LAW GLOSSARY. Mala grammatica non vitiat chartam. Bad grammai does not invalidate the deed. Mala-in-se. Wrong in itself. Malam cerevisiam faciens in cathedra ponebatur sterco- ris. He who made bad ale was placed in a cart of dung. Mala-praxis. Mal-practice. Mala prohibita. Wrongs forbidden (by common law). Maledicta expositio qnse corrumpit textum, A vicious interpretation which spoils the text. Maletolt. An overcharged tax or toll. Malfeazance. Doing wrong : a bad act. Malitia prsecognita. Malice aforethought or pre- pense. Malitia supplet setatem. — ■ — Malice supplies the want of age. Mallobergium. A public meeting. Mallum. A superior court : an assembly. Malc> animo. With a bad intent. Malogeato.' " In spite : unwillingly." Hence, prob- ably, the Fr. "maZg're," and the old English word '■'■maugre." Malum animum.-^ — An evil intent. Malum in se. Bad in itself: wrong in its own. nature. Malum prohibitum.. — — ^A prohibited offence. Malum veniendi. Mishap or sickness in coming. Malus usus abolendus est. — A bad custom should be abolished. Malveilles. Offences. Malversation. Misconduct. Majstagium.. A dwelling. Manbote. The Saxon fine paid to a lord for killing his vassal. Manceps. ^A buyer who took in his hand the pur- chased article. Mancipatio, or manoipium. This was one of the LAW GLOSSAEY. 318 modes of transferring property among the Bomans. Yide Cic. Off. iii. 16, de Orat. i. 30. Mancipii, quasi marni oaptii Slaves, as if taken by tlie hand (or made captives in ■war) : a slave. Vide note, Mancipium. Property : right of perpetual possession. Mancus. A Saxon coin of thirty pence. Mandavi balivo. ^I have commanded the baihflF. Mandavi balivo, qui nullum dedit responsum. 1 have commanded the bailifif, who has made no return (or answer). Maneks. One class of tenants. Manent pro defectu emptorum. — — "(The goods) re- main for want of buyers. " A return to a writ of execution. Maneeium. " (A manendo," from residing) : a manor (or royalty). Manifesta disseizina. An open disseizin. Manse. A parsonage. Mansellum. A small manse. Manstjet^ naturae. Of a tame kind, or nature. Mansuet^, quasi manui assuetse.' -Tamed, as though used to the hand : domesticated. Mansum capitale. The manor house, or manse : or court of the lord. Kennets Antiq. Mantheof. From the Latin " mannus,^^ a nag, and " theoff" a thief — a horse stealer. LI. Alfred. Manu brevi. Shortly. Manucaptio.' Mainprise. Manu forti. "With a strong hand : by violence. Manu longa. Indii-ectly. Manumissio. Manumission: setting slaves at lib- erty. Yide note. Manuopeea. Things stolen found upon the thief. Yide Mainour. Manupastus. — ^A family. Manupes. A foot of measurement. Manus. Anciently used for the person taking an oath. Yide note. 814 LAW GLOSSARY. Manus mortua. Mortmain. Manu tenere. To hold in hand : to occupy. Mara, maras. Moor : bog. Mabastre. A step-mother. Marca. Sax. ^^ Mearc." A Mark of silver : it was, when in use, thirteen shillings and four pence sterling; though in the reign of Henry the First, it was only six shillings and a penny in weight : some were coined, and some only cut in small pieces ; but those that were coined were worth something more than the others. In former times, money was paid, and things often valued, and fines assessed, by the Mark. Vide Stow. Ann. 32. Mare apertum. The open (or high) sea. Marescallus. " A Marshal." It would appear to signify as much as " Trihunis militum " with the ancient Bomans. It has been derived from the German, "Mars- chalk" i. e. " Equitum Magister," which " Hotoman, in his feuds sub verb. " Marschalcus," derives from the old word " March," which signifies a horse : others make it of the Saxon, "Mar," i. e. a horse, and " Scalch" a master. Mareschancie. The jurisdiction of a marshal. Marettum. A piece of land which is at times over- flowed by the sea. Mabiscus. A marsh. Maritagium. That portion which is given a daugh- ter in marriage. Vide Olanville, lib. 2, c. 18. As , a fruit of tenure, under which " Maritagium" is strictly taken, is that right which the lord of the fee formerly had to dispose of the daughters of his vassals in marriage. Maritagium debet esse liberum. Marriage ought to be free. Maritaee. To marry ; to provide a husband. Maritima Anglise. The ancient revenues from the sea. Mabitima incjfementa. ^Increase of land by the re- tiring of the sea. LAW GLOSSARY. 315 Maeket zeld. The ancient toll for a market. Marque de division de Partage de terres : ce mot vient du Latin dividers. ^Notice the division of the allotment of the lands ; this word is derived from the Latin dividere. Marte suo deciirrere. To run by its own force. Materia non est corpus, neque per formam corporalita- tis, neque per simplicem essentiam, est tamen ens et quidem substantia, licet incompleta ; habetque actum ex se entita- tivum, et simul est potentia subjectiva. The first material is not a body, neither by its shape nor by its sim- ple essence ; it is, however, a being, and, indeed, a substance, although incomplete; and it has a living action, derived from itself, although it be, at the same time, a subjective power. Materia prima. — — ^The first matter. Matertera. An aunt by the mother's side. Maxima illecebra est peccandi impunitatis spes. The greatest incitement to guilt is the hope of sinning with im- punityi Medfee. ^A reward. Mediante patre. With the father's acquiescence. Medietas. The moiety. Fr. " Moitie," i. e. ccequa media pars. The half of any thing; and to hold by moie- ties is often used in the law books in cases of joint tenants. Yide Litt. 125. Medietas linguse. "Half tongue." Used where a jury is composed half of aliens and half of natives. Vide note. Medietas terrse. A moiety of the land, Mediolani non obtinet, It did not prevail at Milan. Medium haereditatis. Common heirship. Meejst. Mesne, Meindre age. Minority. Meldfeoh. Sax. The recompense due and given to him who made discovery of any breach of the penal laws. 316 hAVf GLOSSARY. Melioe est conditio defendentis. The defendant's condition is preferable. Melior est conditio possidentis. The condition of the possesser is the better one. Melius et tutius, si non festines. ^Better and safer, if you do not hurry. Melius inquirendum. To make a better search ; to inquire further. Membra dividentia. Parts which are divisible. Membrum pro membro. ' ' Limb for Limb." The law of retaliation. Mendacium sibi ipsi imponere. To take back the lie upon himself. Mensura domini regis. The royal measure. Mensura juris vis erat. And power was the (only) measure of right. Mepris. Neglect : contempt. Mercator. Trader ; a buyer. Mercen-lege. The Mercian law under the Heptar- chy. Merges. The wages for labor. Meecimonia. The wares of a mercator. Mercimoniatus Anglise. Ancient English tax upon merchandise. Mere. Mother. Merennium, Merisme. Timber. Merger ris where a greater and less estate coincide, and meet in one person, without any intermediate estate ; in which case, the lesser estate is immediately annihilated ; or in the law phrase merged, that is sunJc or drowned in the greater ; as if the fee come to tenant for life, or years, these particular estates are merged in the fee. Vide 2 Hep. 60, 61. 3 Lev. 437. 2 Pbwd. 418. Cro. Car. 275. Co. Litt. 338. Mee, or Mere. Words applicable to location, which legin or end with either of these syllables, generally denote fenny, or watery places. Cowell. LAW GLOSSARY. 817 Meex est quicquid vendi potest. — —Merchandise is ■whatever can be sold. Mesaventuee. An accident. Mesne.- — "Middle: intervening." The middle be- tween two extremes, and that either in time, or dignity. Mesne lord. A middle lord ; one between the chief lord and his tenant. Mesprendre. To behave amiss. Mess Brief. A ship's certificate of admeasurement granted by authority. Danish Sea Law. Mes semble que tiel legal notice n'est sufficient a faire un criminal, coment soit sufficient a rendre luy responsible in matter civil : coment est doubt in ceo : il n'est accessary sans actual notice. But it appears that a like legal notice is not sufficient to make him criminal ; but it may be suffi- cient to make him responsible in a civil affair : although there is doubt in this : he is not accessary without actual notice. Mes, si la pleynt soit faite de feme, qu'avera tolle a home ses membres, en tiel case perdra la f^me I'une meyn par jugment, come le membre dont elle avera trespasse. ■ But if the plaint be made of a woman, who has deprived a man of his limbs, in such case the woman shall be ad- judged to lose one hand, as the member with which she offended. Messoinger. Falsehoods. Messuagium sive tenementum. ^A messuage or tene- ment. Mestieb. Affairs; business. Meta. Limit, or bounds : the goalof an ancient race- course. Metallum. A Eoman punishment for criminals, which sentenced them to labor in the mines. Mettre a large ^Is, generally, " to set or put at lib- erty." And there is Metlre h estats, and Mettre le droit, men- tioned by Littleton in cases of releases of lands by joint 818 LAW GL03SAET. tenants, &o., wticli may sometimes pass a fee without words of inheritance, 1 Inst, 273, 4. Metus in constantem virum, -vel foaminam potest cadere. " That fear which may fall on a firm (or courageous) man or woman." By the Canon law, a marriage contracted under such a fear was void. Meu. Moved. Meulx. ^Better. Meyn. Hand. Metnoveeer. The occupying : to manure. Meynpast. A household. Meynpernoue. A surety, or bail for a prisoner, Meyns sachants. Unlearned. Michel Gemote, or Micel Gemote, or Micel Synod. The great meeting. The great councils, in the Saxon times, of king and nobles were called " Wittena Gemotes," afterwards "Micel Synods," or "Michel Synoth," and "Micel Oemotes" Vide note to "Wittenagemote." MiELS. Best. Miles. A knight : a soldier. Vide note. Miles justitise. 'A knight of justice. Vide note. MiLLENA. A thousand. Ministeo curiae. By an officer of the court. Minora crimina. Lesser crimes : misdemeanors. Minora regalia. The lesser rights of the crown. Minus sufficiens in literatura. -Deficient in literature. Minute. From mi, middle, and nuyt, night. Mid- night. Mise, Fr. — Lat. Missum — Misa. Costs or charges. Vide note. MiSERA est servitus, ubi jus est vagum, aut incognitum. That servitude is miserable, where the law is either uncertain or unknown. Miserere. Have mercy. MiBERicoRDiA. " Mercy." Sometimes is used for an arbitrary or discretionary amerciament. MlSFEAZAKCE. A misdeed. LAW GLOSSARY. 819 MiSHEESlNG. Being free of fines in any court for complaints irregularly made. MiSKENNiNG. Irregular in a summons or action. MiSLiEE. To mislead. MisPEisio. Fr. "i/epm." A contempt. Vide note. MissATicuM. A message. Missus. A messenger. Missus dominicus. A king's justice. Missus regalis. The legate, or commissioner of the crown. MiSTERiUM. Something hidden. Misuser. "In abuse of any liberty," or benefit ; as "he shall make a fine for his misuser." Vide Old Nat. Bret:, 149. By misuser, the charter of a corporation, &c., may be forfeited ; as also an ofiice. MiTiOBi sensu. In a milder sense : by a more favor- able exposition. MiTTERE in confusam.' — ■ — To put in hotchpot. MiTTERE in confusam cum sororibus quantum pater aut frater ei dederit, quando ambulaverit ad maritum. To cast into a mixed fund with her sisters whatever her father or brother gave her on her marriage. MiTTER le droit. To pass the right. MiTTER le estate. To pass the estate. Mittimus. " We send." The name of a commitment to prison. Mittitur adversarius in possessionem bonorum ejus. The opponent is put into the possession of his effects. Mittomus. Suppose now. Mobilia personam sequuntur; immobilia situm. Things movable go with the person ; immovables belong to the place. MoElus. An ancient measure. MoDO et forma. ^In manner and form. Vide note. MoDUAM castigationem adhibere. To chastise with moderation. 820 LAW GLOSSARY. Modus deoimandi.' A Modus, or composition in lieu of tithes. Modus de non decimando non prsevalet. A custom of being tithe free does not avail. Modus et conventus vincunt legem. The custom and agreements supersede the law. Modus faciendum homagium et fidelitatem. The manner of doing homage and fealty. Modus legem dat donationi. Custom gives law to the gift (or grant). Modus levandi fines. The manner of levying fines. MoEEDA. Sax. Murder. MoERYEE. To die. MoHATEA. A kind of usurious contract. MOLENDINUM. A mill. MoLiTUEA. A toll at a mill ; a multure. MoLLiTEE manus imposuit. " He gently laid hands on him." This phrase is used in a defence set up agaiast an action or indictment for an assault. He but " gently laid hands" on the plaintiff or prosecutor for the purpose of expelling him out of his (defendant's) house, &c. MoLUTUS. Ground, as weapons sharpened by grind- ing. MoLTN ventresse. MoNATH. Sax. A month. MoTSTEiA. Old English form of spelling money. MoNiALA. A nun. MoNiER, moneyer. One who coined money. MoNOMAOHiA. Single combat. MoNS sacer. " The sacred mount." A place of ap- pearance for litigating persons among the Bomans. MoNSTRANS de compoto. Showing the account. MoNSTRAJsrs de droit. Showing the right. MoNSTRANS de droits, ou records. Showing the deeds, or records. MoNSTEANS de faits, ou records. " The showing the LAW GLOSSARY. 321 deeds or records." The difference between ^^ Tnonsirans defaits'^ and "oyer defaits" is this ; he that pleads the deed or record, or declares upon it, ought to show the same ; and the other, against whom such deed or record is plead- ed, may demand " oyer." Cowell. MoNSTEAViT. He hath showed. Moot. Doubtful: a term anciently much used in the Inns of Court. Moot, or Mute Hill. Anciently, a lull or elevation where public meetings were held in Great Britain. MoEGAJSTGrvA. The wedding gift. Vide note. Mobs. " Death." There is in law a civil and also a natural death. Vide note. MoET d'ancestor. " The ancestor's decease." The name of a writ. Vide note. MoKTGAGiuM. ^A dead pledge. Vide note. Mortmain — Manus mortua. A dead hand, or an un- changeable possession. Vide note. Mortuary. A gift to the church on the decease of a parishoner. Vide vMe. Moetuum vadium. A dead pledge, or mortgage. Yide note to " Mortgagium." Mos pro lege. " Custom for law." Long-established usage in many cases, as in case of a fixed modus for tithes, &c., &o. shall stand in the place of law. Mots d'usage. " "Words of usage." Phrases in com- mon use. MuLiER. " A woman." Generally applied to married women. Vide note. MuLiER nunquam cum masculo partem capit in ahqua haereditate. " A woman never takes part in an inherit- ance with a man." This refers to the feudal law of de- scents. MuLiER puisne. The eldest illegitimate son of a wo- man, who, before her marriage, was illicitly connected with the father. 21 822 LAW GLOSSARY. MuLTA Episcopi. A fine paid by a bishop to the king for certain legal privileges. MuLTO fortiori, or "a minori ad majus." Is an argii- ment often used by Littleton, and is framed thus : " If it be so in a feoffment passing a new right, much mwe it is for the restitution of an ancient right." Yide Go. Litt. 253, &c. 260, a. MuLTUM depreciati, et deteriorati devenerunt pro defectu emptorum, ex causa prsedicta, sic impediditorum. " (The goods) being much depreciated and injured, were reduced in value for want of buyers, who, for that reason, were pre- vented from purchasing." This was the return of the sheriff, in some cases, to a writ of execution. MuLTUM possessionis, et multum juris. Much possess- ion, and much right. Multum possessionis, sed nihil juris. Much possess- ion, but no right. MuLTUBE. A toll for grinding at a mill ; also a fine for going to another's mill instead of that upon the barony. Vide note to Astrict. Mujstdbrice. Sax. Violation or breach of the king's protection. . Mundbburde. From mund, protection ; and hord, a pledge. MuNiciPiUM. A free city or town. MuEDEAVTT. " He murdered." Sometimes this word means "Ae concealed." Murdrum. " Murder" : concealment : also a fine paid by the hundred wherein the crime was committed. Mur- dre, in the old statutes, signified any kind of concealment, or stifling. MuTARl viagium tunc dicitur, quando primum principal- em destinationem magister navis non sequitur, ut pote, . quod navis cum onere, et cum primis vecturis, ad locum destinatum amplius non ire, nee eat. The voyage is said to be changed, when the master of a ship does not follow LAW GLOSSARY. 323 the first destination ; as, for example, wlien a vessel, load- ed with its first freight, does not proceed further towards its appointed place, and (in fact) does not go. MuTATO nomine de te fabnla narratur. — ■ — Changing the name, the fable concerns yourself. MuTUATUS. " Borrowed." A phrase sometime^ in- serted in warrants of attorney to confess judgment. NOTES TO M. Magna Chabta. — The great Palladium of English liberty. A' copy was sent to different Cathedrals in England. One is to be seen, in most excel- lent preservation, in the British Museum. It is beautifully written in Laiiri, in the old court-hand, then in use. Dr. Goldsmith, in his abridgment of the History of England, says, " The Barons had long been forming a confederacy against King John ; but their union was broken, or their aims disappointed, by various and unforeseen accidents. At length, however, they assembled a large body of men at Stamford, and from thence, elated with their power, they marched to Brackley, about fifteen miles from Oxford, the place where the court then resided. John, hearing of their approach, sent the Arch- bishop of Canterbury, the Earl of Pembroke, and others of the Council, to know the particulars of their request ; and what those liberties were, which they so earnestly importuned him to grant. The Barons delivered a schedule containing the chief articles of their demands ; and of which the former ' Charters of Henry and Edward formed the ground-work. No sooner were these shown to the King, than he burst into a furious passion, and asked why the Barons did not also demand his kingdom ; swearing that he never would comply with such exorbitant demands I But the confederacy was now too strong to fear much from the consequences of his resentment. They chose Robert Fitzwalter for their General, whom they dignified with the title of "M.vRESCHAL of the army of God, and of the Holy Church," and proceeded without further ceremony to make war upon the King. They besieged NbrtJiamjitan ; they took Bedford, and were joyfully received In London. They wrote circular lettei's to all the Nobility and Gentlemen, who had not yet declared in thoir favor, and menaced their estates with devastation, in case of refusal or delay. John, struck with terror, first offered to refer all differences to the Pope alone, or to eight Barons, four to be chosen by himself, and four by the con- federates. This the Barons scornfully rejected. He then assured them that he would submit at discretion ; and that it was his supreme pleasure to grant all their demands ; a conference was accordingly appointed, and all things adjusted for this most important treaty. The ground, where the King's commissioners met the Barons, was between Staines and Wi9idsor, at a place called Runimede, still held in reverence by posterity, as the spot where the standard of freedom was first erected in England. Fathers even now exultingly show this spot to their children ; and the very sight of it warms the heart of every Englishman, who has one drop of blood which revolts against tyranny and oppression! "There the Barons appeared with a vast number of knights and warriors, on the fif- teenth day of Jane, while those on the King's part came a day or two after. S24 LAW GLOSSARY. Both sides encamped apart like open enemies. Tlie debates between power and precedence are generally but of short continuance. The Barons, on carrying their arms, would admit of few abatements ; and the King's agents, being, for the most part, in their interests, few debates ensued. After som<: days, the King, with a facility that was somewhat suspicious, signed and sealed the Charter required of him ; a Charter which continues in force to this day, and is the famous bulwabk of English libertt, which now goes by the name of Magna Chaeta. This famous deed either granted or se- cured freedom to those orders of the kingdom that were already possessed of freedom, namely, to the Clergy, the Barons and the Gentlemen ; as for the inferior, and the greatest part of the people, they were as yet held as slaves ; and it was long before they could come to a participation of legal protec- tion." Mancipii — (gtuisi maim capii.) — Men became slaves, among the Bomans, by being taken in war ; by sale ; by way of punishment ; or by being born in a state of servitude ; and it may not be improper to mention some par- ticulars of these Bomam slaves to show how far their condition was similar to the slaves, and adsoripti m^Mam, under the English and other European feudal laws. Enemies, who volimta/rily laid down their arms, and surren- dered themselves, retained their rights of freedom ; and were called " De- BiTiTii." I/iv. vii. 31. But those taken in the field, or in the storming of cities, were sold by auction ("snB corona") as it was termed, {lAv. v. 22, &c.) because they wore a crown when sold; or ("sub hasta") because a spea/r was set up where the crier, or auctioneer stood. There was a continual market for slaves at Borne. Those who were in that trade, brought them there from various countries. The seller was bound to promise for the soundness of the slave ; and not to conceal his faults. Vide Hot. Sat. ii. 3. 285. Hence, they were usually exposed to sale naked; and they carried a soroU (tit-ulus vel inscriptio) hanging at their necks, on which their good and bad qualities were specified. Tide GeU. iv. 2. If the seller gave afelse account, he was bound to make up the loss, vide Gic. Off. iii. 16 and 11 ; or in some cases to take back the slave. . Ibid. 23. Those whom the seller would not warrant, were sold with a kind of cap on their heads, {^pileaii.) Tide GeU. vii. 4. It was unlawful for free bom citizens among the Bonums, as among other nations, to sell themselves for slaves. Much less was it allowed any other person to sell a Freeman. But as this gave occasion to certain frauds, it was ordained by a decree of the Senate, that those who allowed themselves to be sold, for the sake of sharing.the price, should remain in slavery. Fathers might, indeed, sell their children for slaves ; but these did not, on that ac- count, entirely lose the rights of citizens ; for, when freed from their slavery, they were hdd as " Ingenui," not " Litertini." The same appears to have been the case vrith insolvent debtors, who were given up as slaves to their creditors, " inseniiiutem creditoriius addicti," (i. e. bound in servitude to then' creditors.) Tide Quinct. vL 3, 26, v. 10, 60.' Criminals were often reduced to slavery, by way of punishment. Thus, those who had neglected to get themselves enrolled in the Censor's books ; or who refused to enlist, had then: goods confiscated ; and, after being scourged, were sent beyond the Tiber. Tide Cic. pro Ocecin. 24. Those condemned to the mines or to fight with wild beasts, or to any extreme punishment, were first deprived of Uberty, and, by a fiction of law, termed " slaves of puniah- ment," fecrm poeme fingebantw.) The children of any female slave, became the slaves of her master. There appears to have been no regular marriage among slaves ; but their connec- tion was called " Gontubeimivm" and themselves " Goniubernales." Those slaves, who were bom in the house of their master, were called " Vernce," or " Ternaculi," hence the expression, " lingua verriacuia," (one's mother-tongue.) LAW GLOSSARY. 325 These slaves were more petulant than others, because they were more in- dulged. Vide Hot. Sat. ii. 6, 66. Slaves not only did all domestic services, but were likewise employed in various trades and manufactures. Such as had a genius for it were sometimes instructed in literature, and the liberal arts ; artibus ingeniis, HberaMbus, vel honestis — i. e. "in ingenious, liberal, and honorable science." Vide Cic. Some of these were sold at a great price. Vide Plin. vii. 39. s. 40. Hence arose a principal part of the immense wealth of Grassus. Vide Pluiarch "in vita ejus." Slaves were frequently promoted, according to their behavior, as from being a drudge, or mean slave in town, to be an overseer in the country. Vide Hor. Ep. The country farms of the wealthy Somans, in latter times, were cultivated chiefly by slaves. Vide Plin. xviii. 3. But there were also free men who wrought for hire, as with us. Among the Romans, masters had, at one time, an absolute power over their slaves ; they might scourge or put them to death at pleasure. Vide Juv. Sat. vi. 219. This right was sometimes exercised with so great cruelty, that, es- pecially in the corrupt ages of the republic, laws were made at different times to restrain it. The assertion of Juvenal proves that, even where great civilization and refinement reign, and even where men are far removed from a state of nature, they may become tyrants. These facts also teach Legislar tures that as little aa-Utrary power as possible should be left in the discretion (as it is foolishly termed) of any weak and fallible individual. The lash was the common punishment of slaves ; but for certain crimes they were branded in the forehead, and sometimes forced to carry a piece of wood wherever they went, which was called " Furca ;" and whoever had been subjected to this punishment was ever afterwards called " Furcifer." Slaves, also, by way of punishment, were often shut up in a house or bride- well, where they were obliged to turn a mill for grinding corn. Vide Plaut. el Ter. passim. When slaves were beaten, they used to be suspended with a weight tied to theurfeet, that theymight not move them. Vide Plavi. Asin. iL 2, 34, Ac. To detei' slaves from offending, a thong (habeka) or a lash was commonly hung on the staircase, {in scalis.) Vide Hor. Ep. ii. 2, 15 ; but this was, it is said, generally applied to younger slaves, " Impuberes habend, YBlferuld plectebantur," i. e. "The youngsters were flogged with a whip or rod." Vide Ulpian. Slaves, when punished capitally, were commonly cru- cified. 'Vide Juv. vi. 219. Gic. in Verr. v. 3, 64, &c. ; but this punishment (which was a most horrible one, leaving the criminal sometimes for days in extreme agony) was prohibited under Gonstantine. If a master of a family ■ was siain at his own house, and the murderer not discovered, aU his domestic slaves were liable to be put to death. Hence, we find no less than /oar hwn- dred in one iamUy put to death on this account. Vide Tacit. Ann. xiv. 43. How far tyranny and revenge will go when left to the passions of the in- jured parties I I Slaves were not esteemed as persons, but as chattels ; and might be trans- ferred from one to another hke any other effects. Slaves could not testify in a court of justice. Vide Ter. Phorm. ii 1, 62 ; nor make a wilL Plin. Ep. viii. 16 ; nor inherit anything, idem. iv. 11 ; but gentle masters allowed them to make a kind of a will [quasi testamentum facere). Vide Plin. Ep. viii. 16 ; nor could slaves serve as soldiers, Id. x. 39, unless first made free, except in the time of Hannibal, when, after the battle of Gannai,, eight thousand slaves were armed without being freed. Vide Liv. xxii. 57. These were called " Volones" because they enlisted voluntarily. Vide Festus : these afterwards obtained their freedom for their bravery. (Liv. xxiv. 16.) Slaves sometimes saved money out of their allowances, which, with then- masters' permission, they laid out at interest, or purchased with it a slave for themselves, from whose labors they might make profit. Gicero says that sober and industrious slaves, at least such 'as became slaves from being captives in war, seldom re- mained in servitude above six years. {PhiU. viii. 11.) At certain times 826 LAW GLOSSARY. slaves were obliged to make presents to their masters out of their poor sav- ings — " ex eo quod de dimenso sno wnciatim compa/rserint" — i. e. " ont of that which they saved by little and little from their allowance." Tide Terent. There was sometimes an agreement between master and slave, that, when the latter should pay a certain sum, the master should be obliged to give him his liberty. Vide Plaut. Aid. v. 3, &c., Ccesin. ii. 5, 6. Although the state of slaves, in point of right, was the same, yet their condition in femilies was very different, according to the caprice and pleasure of their masters, and their various employments ; some served in chains, as Janitors, and door- keepers; and some in the country, "caienati cidtores," L e. "chained hus- bandmen." Tide Fior. iii. 19. "Tincti fossores" (chained ditchers or dig- gers). Tide Luc. vii. 402; others were confined in work-houses, below ground {in ergastulis subterraneis). So Pliny, "Vincti pedes, damnatce manus, inscriptique vvitus, arva exerceni," xviii. 3 — ^i. e. " with chained feet, manacled hands, and branded countenance, they cultivate the fields." Manumissio. — As the inhabitants of many tovms, during the long contin- uance of the Feudal system, had gained their freedom and independence by charters of communities being granted them, the enfranchisement of bond- men or slaves became gradually more frequent ; and when " Charters of lib- erty," or "Manumission," were granted to such persons, they contained /o»c concessions, corresponding to the four capital grievances to which men in a state of servitude were subject. 1st. The right of disposing of their persons by sale, or grant, was relinquished. 2. Power was given them of bequeath- ing, or conveying their property or effects, by wUl, or any other legal deed ; or if they happened to die intestate, it was provided that their effects should go to their lawful heu-s in the manner as the property of other persons. 3d. The services and ■ taxes which they owed to their superior, or liege lord, which were formerly arbitrary, were precisely ascertained. 4th. They were allowed the liberty of marrying according to their own inclinations ; for- merly they could contract no marriage without their lord's permission ; and, it is said, with no person but with one of Ms slaves. All these circumstances are found in the Charter granted Sabitoribns Montis Brilonis, A. D. 1376. Many circumstances concurred which produced deliverance from this wretched state. The gentle spirit of the Christian religion ; the doctrines which it teaches concerning the equality of man, and the mutual charity or good will we should bear to all mankind; its.tenets with respect to the Divine Gov- ernment ; and the impai-tial eye with which the Almighty regards men of every condition, and admits them to a participation of his benefits, " without respect of persons," are all inconsistent with, and militate against servitude. The benign doctrines of Christianity struggled long but stead&y with worldly interest ; and, estabUshing generous and equitable maxims, contributed more than every other circumstance to introduce the practice of ^^Manumission.''' "When Pope Gregory the Great, who flourished towards the end of the sixth century, granted liberty to one of his slaves, he gives this reason for it : " Gwm Bedemptor noster, totius Oondiior natwrm, ad hoc propitiatus himianum carnem voluerit asswnere, ut divinitatis sua gratia, dirempto (quo ienebamm captivi) vinculo, pristince nos, restituerit libertaii; salubriter agiiur, si homines, qms ai initio liheros nalura protulit, et jus gentium jugo substiiuit seroitutis, in eaqua natifuerant, manumittentis, benefido, libertate reddantur" — i. e. "Seeing that our Redeemer, the Creator of all things, as a propitiation, assumed a human body, that, by the merit of his divinity, the chain being broken (by which we were enthralled), he might restore us to liberty. So we act prop- erly, if by the kindness of our manumission, those whom nature ordained free from the first, but whom the law of nations hath subjected to slavery, are restored by us to their birth-right of freedom." And a great part of the charters of " Manumission," previously to the reign of Louis the Tenth, are granted "pro amore Lei," "pro remedio animce," et "pro mercede animifV-- LAW GLOSSAET. 827 I e. "for the love of God," "for tlie cure of the soul," and "for the welfare of the soul." .Vide Su Oange, voc. " Manumissio." The formality of Manu- mission was performed in a church, with great solemnity as a religious cer- emony ; the person to be manumitted was led round the great altar, with a torch in hia hand ; he took hold of the horns of the altar, and there the sol- emn words conferring liberty were pronounced. Ibid. vol. iv. 467. Manu- mission was also frequently granted on a death-bed ; or by will. Another mode of obtaining Manumission was by entering into Holy Orders ; but so many slaves escaped by this mode out of the hands of their masters, that the practice was at last prohibited by almost all the nations of Europe. The genius of the English constitution seems early to have favored Manu- mission generally ; yet, in some parts of England, personal service continued to a late period. In the year 1514, we find a charter of Eenry the Eighth, enfranchising two slaves belonging to one of his manors ; and so late as the year 1574, there is a commission from Queen Elizabeth, with respect to the Manumission of certain bondmen, belonging to her. Manumission was formerly performed several ways. Some were manu- mitted by deUvery to the sheriff, and proclamation in the county, Ac. ; others by charter. One way of manumission was, for the lord to take the bondman by the head, and say, " I will that this man may be free" — and then shoving him forward, " out of his hand," (e manu mo.) There was also a Manumission implied, when the lord made an obligation for payment of money to the bondman — or sued him where he might enter without suit, &a. The form of manumitting in the time of William the Conqueror is thus re- corded : "Si quis servum suum liberv/m facere, tradat ewm vicecomiti per manum dextram, inplenv, comitatu, et quieium illvm clamare debet ajugo servi- iutif mm per Manwmissionem, et ostendat ei liberas portas ; et tradat ei libera arma, scilicet, lanceam et gladium ; et inde Libee homo effioitur." Tide Larrib Archai. 126 — i. e. "If any person desires to make his slave free, he may dehver him to the sheriff; by the right hand, in full County Court, and he should declare that he was discharged by Manumission, from his servitude, and show him the opened doors, and dehver to him free arms, viz., a lance and sword, and thenceforth he becomes a freeman." Maotjs. — In ancient records, this word is frequently used for the person taking an oath. " Tertia, quarta, &c., mavsM jurare^' — i. e. "the party was to bring so many to swear with him, that they beheved what he vouched was true." And in case of a woman accused of adultery, "rmdieri hoc neganti purgafio sexta manu Kctiiit indicia" — i e. " she was to vindicate her reputation upon the. testimony of six Compurgators." Vide Reg. Ecd. Christ. Cant. The use of the word, in the sense here alluded to, probably came from laying the Mnd on the Scriptures when the oath was taken. Mayhem — or Maihem. — Those words mean a wound, or corporal hurt, by which a man loses the use of any member, proper for his defence or fight : as if a man's skuU be broke ; or any other bone broken, in any other part of the body ; a foot, hand, finger, or joint of a foot ; or any member be cut off; if by any wound the sinews be made to shrink; or where any one is castrated ; or if an eye be put out, or any foretooth broke, &c. But the out- ting off an ear, or nose, the breaking of the hinder teeth, and such hke, was held by the Common Law to be no Mayhem ; as they were not weakening the person's strength, but only a disfiguring, or deforming the body. Yide Gland, hb. 4, u. 7. Brad. hb. 3, iract 2. At one time, by the ancient law of England, he that maimed any one, whereby he lost any part of his body, was sentenced to lose the like part, "membrv/mpro membro," (limb for limb.) Vide 3 Inst. 118. Medietas lisuua — ^In petit treason, murder and felony, "medietas 828 LAW GLOSSAEY. Ungua,'" is allowed by the English law. But in high treason it is otherwise; and we read that Solomon de Skmdford, a Jew, had a cause tried before the Sheriff of Norwich, by a jury, who were " sex prdbos el legales homines ; et sea legates Judceos excivUate Nbrwici," &c. — L e. " sis good and lawful men, and six Jews of the same description, (taken) from the city of Norwich." Miles, among the Latins, signified a Soldier ; but in law books it generally signifies stKnight ; which Camden says is derived from the Saxon, Gnite, or Gnighi. The Heralds inform us of several orders of Knighta A Knight, at this day, is, and anciently hath been, reputed and taken for one who, by his valor and prowess, or other services performed for the benefit of the commonwealth, has, by the King, or his sufficient deputy, been advanced above, or separated from the common sort of gentlemen. The SomAj/m called Knights, Celeres, and sometimes Equites, from the performance of those services upon horseback ; and among them, there was an order called " Ordo Hqmstris," but distinguished from those called Celeres. The Spaniards called them Oavelleros, the French, Chevaliers, and the Oermans, Rieters : all which appellations evidently appear to proceed from the Horse, which is a great proof of the manner of the execution of their warlike exercises. Miles Justioije. — As soon as the science of law (by the introduction of the Boman Oivfl Code, &o.) became a laborious study, and the practice of it a sepa/raie profession, such persons as rose to eminence in it obtained honors, which had been theretofore appropriated to soldiers. Knighthood was the most remarkable distinction during several ages, and conferred privileges, to ■ which rank and birth alone were not entitled. To this high dignity, per- sons eminent for their knowledge in the law were advanced; and thereby placed on a level with those whom their military talents had rendered con- spicuous. Matthew Paris mentions such Knights as early as A. D. 1251. If a Judge obtamed a certain rank in the courts of justice, that alone gave him the right to the honor of Knighthood; and "Miles JusticicB,'" and "Miles Idteratus," became common titles. Vide Pasquier Reserches, liv. 11, c. 16, p. 130. A profession which led to offices, and ennobled the persons who held them, grew into credit ; and the people of Europe became accustomed to see men rise to eminence, by civil, as well as military talents and bravery. MiSE. — This is a law term signifying expenses; and was formerly used in the entries of judgments, in personal actions ; as where the plaintiff recovers, the judgment is "quod recuperet damna ««a," (i. e. that he recover hia damages) to such a value, and "pro misis et omtagiis," (for costs and charges) so much, &c This word has also another signification in law, which is, where it is taken for a word of ar<, appropriated to a writ of Right, so called because both parties have put themselves upon the mere right : so that what, in other actions, is called an issue, in a writ of Eight is called a "Mise;" but ifj in a writ of Eight, a collateral point be tried, that is called an issue. Vide Jst Inst. 294, and 37 Edward 3d, o. 16. MiSPEisiO. — A neglect, oversight, or contempt. As, for example. Misprision of treason, is a negligence in not revealing treason, where a person knows it to have been committed — so of felony. In a larger sense. Misprision is . taken for many great offences, which are neither treason nor felony, nor capital, but very near them ; and, it is said, that every great misdemeanor, which hath no certain name appointed by the law, is generally called Mis- prision. Vide 3 Inst. 36. M. P. C. 121. Wood, 406, 408. Mono ET FORMA. — Words of art in law pleadings, S;c. ; and particularly used in the answer of a defendant, whereby he denies the thing laid to hia charge, (moda et forma declarata) " in manner and form as laid" by the plain- tiffi Vide Mich. 232. LAW GLOSSARY. 329 MOEOANGITA — Or Morgangina, from the Sax. "morgen," the morning, aDd"giftan" to give. These words signify the wedding-day's gift — dower, or rather dowry, " Si sponsio virwn swum superviacerit, dotem et mairitaUonem surnn, cairtarum instrumentis, vel testium exhibitionibus et traditam perpetuoMter Jiabeat, et morganginam suam," L. L. Sen. 1. c. 11. — i. e. "If the wife sur- vive her husband, she shall have her dower and marriage portion, always delivered (or assigned) to her by deeds, or the producing of witnesses, and also the wedding-morning^ s gift." Vide, also, Du Oamge, in verb, " Morgaue- giba." There is a custom at present in Wales, for the friends and neighbors of a new married couple to make them presents on their wedding day. MoET d'ancestok. — This is a writ which lay where a man's father, moth- er, brother, sister, uncle, aunt, &c., died seized of lands, tenements, rents, &0. that were held in fee, and after their death, a stranger abated. Tide Seg. Orig. 223. It is good as well against the abator, as any other in possess- ion of the land ; but it lies not against the brothers or sisters, &c., where there is a privity of blood between the person prosecuting, and them. Co. Litt. 242. And it must be brought within the time limited by the statute of limitations. (3 Comm. 189). If tenant by the curtesy, alien his wife's inheritance and die, the heir of the wife may have an assize of innrt d'ances- tor, if he have not assets by descent from the tenant by the curtesy ; and the same shaJl be as well where the wife was not seized of laud the day of her death, as where she was seized thereof New Nat. Br. 489. MoES — Death. By the Soman laws, (affecting freemen,) only the most heinous crimes were punished by a violent death. In ancient times it seems to have been not unusual to hang the malefactors, " infelici arbore suspen- dere," (i. e. to hang them on an accursed tree). Vide Liv. i. 26. Afterwards, to scourge (virgis ccedere), and behead them {secwri percuiere). Vide Liv. iii. 5. viL 19. xxvi. 15. To throw from the Tarpeian Bock, (de saao Tarpeio de- jicere ;) lb. vL 20. or from that place in the prison called Sobur. Vide Fesivs ViLMoiC. vi. 31. Also to strangle them, (lacqueo gvlaim, guttur, vel cer- vicem, i. e. "to break the wind-pipe, the throat,'or the neck with a rope,") in prison. Id. v. 4, '7. Vide Sallust, Cat. 55, &c. The bodies of criminals, when executed, were not burnt, or buried ; but exposed before the prison, (usually a certain stairs called Gemonice,) and thence dragged with a hook, and thrown into the Tiber. Vide Suet. Tib. 53 ; and Juv. x. 66. Some- times, however, their friends purchased the right of burying them. Under the Emperors, several new and more severe punishments were contrived; as, exposure to wild beasts, {ad bestias damnatio;) burning alive, {yiviaynitm- rium,) Sec. "When criminals were burnt, they were dressed in a tunic, be- smeared with pitch, and other combustible matter, called " tunica molesta." Vide Senec. Ep. 14. Juv. viii. 235. Pitch is mentioned among the instru- ments of torture in more ancient times. Flout. Capt. iii. 4, 65. Somethnes persons were condemned to the public works ; to engage with wild beasts ; or fight as Gladiatora Vide Flin. Ep. x. 40 ; or were employed as slaves, in attending on the public baths ; in cleansing common sewers ; or repairing the streets and highways. Id. Slaves, after being scourged, were crucified, usually with a label, or inscription on their breasts, intimating their crime, or the cause of their punishment, Dio. liv. 3, as was commonly done to other criminals, when executed. Suet. Cat. 32. JDom. 10. Thus Pilate put a title or superscription on the cross of our Saviour. Vide Matt. xxviL 37. The form of the cross is described by Dionydxts, vii. 69. Vedius Polio, one of the friends of Augustus, devised a new species of cruelty to slaves, throwing them into a fish-pond to be devoured by lampreys. Vide Flin. ix. 23. a. 39. Dio. liv. 23. A person guilty of parricide, or even murdering a near rela- tion, after being severely scourged, was sewed up in a sack, {culeo insalus), with a dog, a cock, a viper, and an ape, and then thrown into the sea, or a deep river. Gic. pro Rose. Amsr. ii. 25, 26. Senm. Clem. i. 23. 830 LAW GLOSSARY. MOKTUAGiuM, vel mortuum vadium, from "mort," moriuus, and "gage," a pledge. Generally meaning a pledge of lands or tenements. "We read of Mortgage in the Grand Gusiuma/ry of Nbrmandy, c. 313. Glanrille {lib. 1. c. 13) defines it thus, " Mortuwn vadium dicitur illud, cujiis frudus, vel red- ditus, interim percepti in nulla se acquieiani" — ^i. e. " That is called a dead pledge, whose profit ' or income does in no way, iu the meantime, defray the debt." So that it is called a "dead gage," because whatever profit it yield- eth, yet it redeemeth not itself by yielding such profit, except the whole sum borrowed be paid at that day. The notion of mortgaging and redemption appears to be of Jewish ex- traction ; and most probably from them it descended to the Greeks and Ro- mans. The plan of the Mosaic law constitutes a just and equal Agrarian law, that^he lands might continue in the same tribes and families ; therefore, whoever was compelled by poverty to sell, could transfer no estate in the lands, further than to the then next general Jubilee, which returned once in overy fifty years ; therefore it was computed by the purchaser, that he could only hold till that Jubilee arrived. Vide Levit. xxv, 13 et seq. ; but it has been said that the vendor had power at any time to redeem, paying the value of the lands to. the next Jubilee; but though he did not redeem them, yet ai the Jubilee, the lands came back free to the vendor, or his heirs. Mortmain — manus mortua, from Hie Fr. "mort," mors; and "mains," manus. This word means an alienation of lands to any corporation, guild, or fraternity, and their successors : as bishops, parsons, vicars, kc. The rea- son of the name " Mortmain," may probably be 'derived from hence, because the services, and other profits of the land, as Escheats, &o., should not come into a dead hand, or into such a hand, as might be called dead to the world, so as to be abstractedly different from other lands, &c., and never could, by any defect of the heirs of the donee, Ac, return to the donor ; or to any fem- poral or common use. Polydore Virgil in the seventh book of the Chronicles mentions this law, and gives the reason of the name, " Et legem hanc mamum mortuum vocarunt, quod res semel datce collegiis sacerdotum, non utique rursus venderentw, velut moriuce, hoc est, usui aliorum mortalium in perpetuum, adepke essent. Lex diligenter servatur, sic, ut nihil possessionum ordini sacerdotali a quoquam detwr, nisi regis permissu" — i. e. "And this law they called Mort- main, because estates once given to societies of priests, could not afterwards be sold (they might be accounted) as things without life ; that is, they were obtained for the use of other persons, iu perpetuity. The laws thus carefully observed that nothing be given to the sacerdotal order by any person, with- out the Bang's consent." William the Conqueror demanded the cause why he conquered England in one battle, which the Danes could not do by many. Frederick, the then Abbot of Si. Albans, answered, that the reason was, be- cause the land, which was the maintenance of martial men, had been given and consecrated to pious purposes ; and for the maintenance of holy votaries. To this the Conqueror said, that if the clergy were so strong, that the realm was enfeebled of men of war, and subject by it to foreign invasion, he would assist it, and thereupon he took away many of the revenues of the Abbot, and of others also. Tide Speed. 418. MoBTtTAET. — A gift, or payment to the church on a person's demise, Sel- den says that the usage was to bring the Mortuary along with the corpse, when it came to be buried ; and to ofler it to the church, as a satisfaction for the supposed negligence and omissions the deceased had been guilty of, in not paying ius personal tithes: from thence it was called "a corse present." MtTLiEE. — ^It has been said that this word, used in the law, seema to be a ■word corrupted from melior, or the Fr. meiUeur, and signifies the lawful issua born in wedlock, preferred before an elder brother, bom out of matrimony. LAW GLOSSARY. 831 Vide Siat. 6, Ben. 6, e. 11. But by Glanvitte, lawful issue are said to be mulier, not from meKor, but because begotten "(smafo'efe/'andnot '^ ex conmMna :^' for he calls such issue "filios mulieratos," opposing them to Bastards. Vide Glanv., lib 1, c. 1. It appears to be thus used in Scotland also. Skene says "muUeralMs filivs, is a lawful son born of a lawful wife." It, however, is often used in the sense we usually apply to it. Women have held in England various offices. Ann, Countess of Pembroke, Dorset, and Montgomery, held the office of Hereditary Sheriff of Westmoreland, and exercised it in person at the Assizes at Appleby, she sat with the judges on the bench. Tide Harg, n. Co. Lilt. 326, a. A woman may also be a Marshal, Great Chamberlain, and Constable of England, the Champion of England, Commissioner of Sew- ers, Governor of a Work-house, Sexton, Keeper of the Prison of the Gat& house of the Dean and Chapter of WestmiTister, Eeturning Officer of Mem- bers of Parhament, and Constable. Vide Rex v. Stubbs, 2 Burr. Rep. Naif. A slave by birth. Nam adipiscimur possessionem corpore et animo : neque per se corpore, neque per se animo. Non autem ita acci- piendum est, ut qui fandum possidere, velit omnes glebas circumambulet ; sed sufficit quamlibet partem ejus fundi introire. For we obtain possession by body and intend- ment, not by body alone, nor by intent alone. For it is not to be understood that he who is about to take possession of a farm should walk over the whole of the land ; but it is sufficient that he enter into what part of the farm he pleases. Namare. To distrain. Nam cum navis divertat ad extraneos actus, dicitur mu- tasse iter, et plura viagia fecisse, et primum dicitur mutatum et amplior rata hoc procedere, etiamsi fuit csepitum secun- dum viagium, licet non completum ; nam cum fuerit deven- tum ad actum proximum, destinatio habetur pro profecto ; cum potentia proquinqua actui habeatur pro actu, limita tamen si mutetur ex justa causa, &c. For when a ship alters her course to transact business foreign to the voyage, she is said to have changed her course, and to have made more voyages, and the first voyage is said to be altered, 332 LAW GLOSSAET. and a tiglier rate is taken for tHis, althougli the second voyage was begun, but not completed : for wlien the ves- sel had performed its first business, its destination shall be considered as completed ; for the immediate power of act- ing shall be accounted for the act itself; but if it change its destination for a just cause, &c. Nam de minimis non curat lex. For the law takes no notice of mere trifles. Nam et commodum ejus esse debet, cujus periculum est. ^For he who is liable to the risk should have the ad- vantage. Nam ex antecedentibus, et consequentibus, fit optima in- terpretatio. ^Because the best meaning consists in that which precedes, and follows. Nam exemplo pemiciosum est, ut ei scripturse credatur qua unusquisque sibi adnotatione propria debitorem con- stituit. For it is a very injurious rule that a writing should have that credit, in which any person, by his own memorandum, may constitute another his debtor. Nam feudum sine investitura nuUo modo constitui potuit. For a fee cannot in any manner be made without (giv- ing) possession. Namitjm.- A taking of goods or chattels by way of distress. Nam leges vigUantibus, non dormientibus subveniunt. For the laws assist the watchful, (but) not the slothful. Nam nemo est h seres viventis. For no one is the heir of a living person. Nam omne crimen ebrietas, et incendit, et detegit. For drunkenness aggravates, and also discovers every crime. Nam omne testamentum morte consummatum est, et voluntas testatoris est ambulatoria usque ad mortem. For every will is consummated (or perfected) by death ; and, until that event, the testator's will is ambulatory (or liable to be altered). LAWGLOSSAEY. 833 Nam qiii facit per alium, facit per se. For he who acts by another acts by himself. Vide note. Nam qui hseret in litera, hseret in cortice. " For he who adheres to the (very) letter sticks (only) in the bark ;" [he does not reach the substance.] Nam quilibet potest renunciare juri pro se introducto. " For any one may renounce a law (or right) brought in for himself," (i. e. which is raised for his own advan- tage). Nam qui non prohibit, cum prohibere possit, jubet, For he who forbids not, when he may, orders (the thing to be done). Vide note. Nam quod remedio destituitur, ipsa re valet, si culpa absit. For that which is without remedy, assists the thing itself, if no fault exists. Nam quod semel meum est, amplius meum esse non potest. For that which is once my own, cannot be more strongly (or fully) mine. Nam si cum gente aliqua neque amicitiam, neque hos- pitium, neque foedus amicitise causa factum habemus, hi hostes non sunt. Quod autem e nostro ad eos pervenit, illorum fit ; et liber homo noster ab eis captus, servus fit, et eorum idemque si ab illis ad nos ahquid perveniat. For although with any nation we have no league, nor firiend ship, nor alliance made, yet they are not enemies. Never- theless, what efiects of ours may chance to come into their possession become their property; and our free subject captured by them becomes their slave ; and so of their property, if it come to our hands. Nam silent leges inter arma. ^For during (the rage of) war, laws are disregarded. Nam verba debent inteUigi cum effectu, ut res magia valeat quam pereat. For language should be understood with that intent, that the matter may rather be effected than rendered nugatory, Nastbb. Born. 334 LAW GLOSSARY. Nativa. A female slave. Natuealis affectio. Natural affection. Vide note. Natus ante maritagium. Born before wedlock. Nauclerus. The master of a merchant ship. Naufeage. Ship-wreck. Naufeagio facto, exercitor naula restituit, quae ad manum praeceperat, ut qui non trajecerit. In case of shipwreck, the master restores the freight which comes to his possession, inasmuch as he has not thrown it over- board. Naulum. The passage or freight money on a vessel. Naut^, Caupones, Stabularii, ut recepta restituerunt Mariners, Innkeepers, Ostlers (are bound) to return things as left in their charge. Naitt^ pro damno conferre. The sailors ought to contribute to the loss. Nadtico fcenore. By nautical interest: by bot- tomry. Navaechus. The captain or commander of a vessel. Navis bona. ^A good ship. Ne admittas. A writ for non-admittance of some party during the progress of a suit. Ne setas quidem distinguebatur, quum prima juventa consulata ac dictaturas inirent. For the age was not nicely distinguished when the principal youth entered on the consul or dictatorship. Nb ialiquid de suo honorabili contenemento amittat. Lest he lose any part of his respectable appearance. . Ne aliquis scholas regens de legibus ih eadem civitate, de csetero ibidem leges doceat. That no person keeping schools in the same city (for the study) of the laws should from thenceforth teach such laws there. Ne baila pas. A plea made by a defendant in the action of detinue, in which he denied that the thing sued for was delivered. LAW GLOSSARY. 336 Nec erit alia lex Eomce, alia Athcenis; alia nunc, alia posthac ; sed et omnes gentes, et omni tempore una lex, et sempiterna, et immortalis, continebit. Neither shall there be one law at Borne, another at Athens; one now, an- other in future ; but to all nations and all times one per- petual and fixed rule shall remain. Necessitas culpabilis. "A blamable necessity:" such a necessity which, though deserving reprobation, yet could not have been avoided. Necessitas inducit privHegium quoad jura privata. ■ Necessity gives a privilege like private rights. Necessitas non habet legem. Necessity has no law. Nec in papyris, nee in verbis. Neither written, nor oral. Yide note. Nec in sacerdotis, nec in sacris. Neither in the priest- hood nor in holy matters. Nec fuit electus major. 'He was not elected mayor. Nec magis est contra naturum morbus, egestas, aut ali- quid hujusmodi quam appetitio veldetractio alieni. Nor is disease, poverty, or anything of this kind, more against nature than avarice, or the taking away another's property. Nec prsesidens, nec aliquis de collegio prsedicto medico- rum, nec successores sui, nec eorum aliquis exercet faculta- tem niam. That neither the president, nor any other person of the said college of physicians, nor his successors, nor either of them, exercise that profession. Nec regibus infinita, aut libera potestas. Nor is power which is given to kings, either unbounded or at will. Nec tali auxilio nec defensoribus istis tempus eget. ■ The time requires no such aid ; no suqh defenders. Nec vero me fugit quam sit acerbum, parentum scelera filiorum poenis luunter : sed hoc preclare legibus compara- tum est, ut caritas liberorum amiciores parentes reipublicae redderet. Nor, indeed, have I been unconcious how se- vere it must be that the crimes of the parents should be expiated by the punishment of the children ; but this has 836 LAW GLOSS AEY. been clearly ordained by the laws, that love for the cMIdren might render parents more friendly towards the republic. Neo videtur incongruum mulieres habere peritiam juris, Legitur enim de uxore Johannis Andnrm glossatoris, quod tantam peritiam in utroque jure habuit, ut publico ia scho- lis legere ausa fit. ^Nor does it seem inconsistent that women should be skilful in the law. For it is written that the wife of John Andrea, the Interpreter, was so learned in both laws, (i. e. the ciyil and common law,) that she had enterprise sufficient to lecture publicly in the schools. Ne deficiat justitia. ^Lest justice be defeated. Ne disseiz^ pas. Not ejected. Ne done pas. No gift at all. Ne episcopi ssecularium placitorum of&cium suscipiant. That the Bishops do not usurp the office of secular pleas. Ke exeat. That he depart not. Ne exeat Eegno. That he leave not the realm. Ne faciat vastum, vel estrepementum pendente placito dicto indiscusso. That he commit no waste, or spoil, whilst the said plea (or suit) is pending. Nbgaeb. To deny. NEaoTiOEUM: gestor. A person who voluntarily as- sumes the care of another's affairs during the absence of the latter, and without his authority. Ne injuste vexes. " That you do not unjustly oppress (or harass)." There was formerly a writ so called. Nembda. Sax. A jury. Nemine contradicente. No one opposing. Neminem voluerunt majores nostri, non modo de exis- timatione cujusquam, sed ne pecuniaria quidem de re mini- ma, esse judicem : nee nisi qui inter adversarios convenis- set. Our ancestors required that no one, even if influ- enced by the opinion of any person, or by the most trifling sum of money, shoul'd be a judge ; nor unless he would (impartially) decide between the parties ia dispute. LAW GLOSSARY, 337 Nemo ad Eegem appellat pro aliqua lite nisi jus dom. consequi non possit. Si jus nimis severum sit, allevatio deinde quseratur apud regem. That no person appeal to the King on any suit, unless he cannot proceed at lavr at home. If the law be too severe, then his Majesty may be applied to for relief. Vide note. Nemo allegans suam turpitudinem audiendus est. ^No man setting forth his own depravity is to be heard. Nemo beneficium suum perdat, nisi secundum consuetu- dinem antecessorum nostrorum, et per judicium parimn suorum. That no man lose his benefice, unless accord- ing to the custom of our ancestors ; and by the judgment of his peers, (or equals.) Yide note to " Benefida." Nemo bis punitur pro eodem delicto, No one is pun- ished twice for the same offence, (or crime.) Nemo debet bis vexari pro eadem causa. No one ought to be twice harassed for the same cause. Nemo debet locupletari aliena jactura. No one ought to grow rich by the misfortune of another. Nemo est heeres viventis. ^No one is the heir of a liv- ing person. Nemo ex consilio obligatur. No one is bound by counsel. Nemo ex proprio dolo consequitur actionem. No one can bring an action arising from his own deceit. Nemo iu propria causa testis esse debet. ^No one should be a witness in his own cause. Nemo invitus compellitur ad communionem. No person, against his will, is forced into a copartnership. Nemo nules adimatur de possessione sui beneficii, nisi convicts culpa, quae sit laudanda per judicium parium suorum. That no Knight be deprived of the possession of his benefice, unless convicted of a crime, which (con- viction) has been approved by the judgment of his peers (or equals). Vide note to " Beneficia" Nemo patriam in qua natus est exuere, nee ligeantiam 22 338 LAW GLOSSABT. debitam ejurare possit. No person can leave tbe country in wHcli he was born, nor forswear tlie allegiance which is due. Nemo plus juris in alium transferre potest quam ipse habet. No person can transfer to another a greater power than he himself possesses. Nemo potest esse hseres et dominus. No one (at the same time) can be both heir and lord. , Nemo potest facere per alium quod per se non potest. ■ No one can do an act by deputy which he cannot do of himself. Nemo punitur pro alieno delicto. No one is punish- able for another's crime (or offence). Nemo punitur sine injuria, facto sen defalta. ^No man is punished except for some offence, wrong or default. Nemo remota causS, sed proxima spectetur. No one is concerned ia a remote, but in an immediate cause. Nemo reus nisi mens sit rea.' No one is guilty, unless he has a guilty intention. Nemo tenebatur prodere se ipsum. ^No man is bound to criminate himself. Nemo tenetur informare qui nescit, sed quisquis scire quod informal — ^No one is expected to instruct others uponr a subject about which he is ignorant, but every one is sup- posed to be conversant with what he undertakes to explain. Ne nulles autres engynnes pur prendre ou destruire savaquire, leveres, ne conilles, nautre desduit des gentils, sur peine d'emprisonment d' un an. ^No other engines, to take or destroy deer, hares, or rabbits, which nature has given to gentlemen (for the purpose of sport), under pain of a year's imprisonment. Ne per scripturam aliqua fiat in posterum dubitatio, jubemus non persignorum captiones et compendiosa enig- mata ejusdem codicis textum conscribi ; sed per literarum consequentiam explanari concedimus. That no doubt may hereafter arise as to writing, we command that the LAW GLOSSARY. 839 text (or composition) of any such book be not written by cavilling notes, and condensed enigmas ; but we permit them to be explained by the sequel (order or course) of the letters. Yida note. Neque quid, neque quantum, neque quale, neque aliquid eorum quibus ens determinatur. Neither what, nor how much, nor what kind, nor any of those things by which being is defined. Neque quisquara agri modum certum, aut fines proprios habet ; sed magistratas et principes, in annos singulos, gen- tibus, et cognationibus hominum qui una coierunt, quan- tum eis et quo loco visum est attribuunt agri, atque anno post alium transire cogunt. Nor has any person a cer- tain quantity of land, or any particular boundaries ; but the magistrates and chiefs annually apportion such a quan- tity of land, and in such a situation, as they shall see fit, to the people, and kindred of those men, who have assem- bled together; and then oblige them to depart the year following. Neque societas, neque collegium, neque hujusmodi corpus passim omnibus habere conceditur ; nam et legibus et senatus consultis, et principalibus constitutionibus, ea res coercetur. Nor is a society, or college, (or conven- tion,) nor a body (or corporation) of this kind, allowed every where to meet on all occasions, for that matter is restrained both by the laws and decrees of the Senate, and the ordinances of the governors. Neque testamentum recte factum, neque uUum aliud negotium recte gestum, postea furor interveniens perimit. And lunacy subsequently recurring, does not break the will that was duly made; nor dissolve any proper previous contract. Ne quid detriment! Eespublica capiat. "Lest the commonwealth receive an injury." This was the injunc- tion given by the Bomans, on investing the Dictator with supreme power. 340 LAW GLOSSAET, Ne quis invitus civitate mutetur, neve in civitate maneat invitus. Hsec sunt enim fundamenta fiijmissinia nostree libertatis, sui quemque juris et retinendi et dimittendi esse dominum. ^Let no man against Ms will change Ms state (or country), nor let liyn, contrary to inclination, remain in tlie same. These are the most stable foundations of our liberty, that every one is lord in his own right of retaining, or renouncing 'Ms privilege (of citizensMp). Ne quis plus donasse presumatur quam in donatione ex presserit. Lest any one be presumed to have given more than he expressed in the gift (or grant). ' Ne recipiatur. " That it be not received." Words of caution given to a Law officer, not to receive the next proceeding of an opponent. Ne relesse pas. Not released. Ne se volent aoquitter. They are unswilling to dis- charge. Nb te ipsum prsecipites in discriminem. ^Judge not too hastily. , Ne unques accoupl^. Never married. . Ne unques accoupl^ in loyal matrimonie. He was not united in lawful wedlock. Ne unqu.es executor. He was not an executor. Nb unques receiver. He was not a receiver. Ke unques seise que dower. Never seised (or pos- sessed) of dower. Ne unques seisie. ^Never seised. Nexi, obserati, et addictis — — ^Boimd, overwhelmed in debt, and condemned. Vide note. . .NiBFE. A bondwoman. Yide note to " Mcmumis NiENT cul'.— — ^Not guilty. NiENT culpable. |fot guilty. _ NiENT de dire. ^He says nothing (or makes default). Nihil ad rem accrevit. ^He added nothing to the matter. LAW GLOSSAR-S. 341 Nihil aliudquam jus prosequeadi in judioio quod sibi debetur. Nothing farther than the right of suing at law for what is due to him. ■" Nihil debet. He is not indebted. Nihil de fine quia pardonatur. Nothing for a fine, because he is pardoned. Nihil de fine, quia remittitur per statutum.' Nothing on accotmt of a fine, because it is remitted by statute. Nihil de jiire facere potest quis quod vertat ad exhsere- dationem domini sui. A person cannot legally do any- thing which may tend to the disinheriting his lord. Nihil de re accrescit ei, qui nihil in re quando jus accres- ceret habet. ^No advantage accrues to him who has no interest in the estate, when the right increased. Nihil dicit He says nothing. Nihil dicit ad rem. He says nothing to the matter. Nihil habes in tenementis. You have no interest in the tenements (or estates). Yide note. Nihil habes in terra. You have no interest in the estate. Nihil habes in terra petita, quia bastardus. You have no interest in the land sought after, because you are ille- gitimate. Nihil magis conSentaneum est, quam ut iisdem modis res dissolvatur, quibus constituitur.— = — Nothing is more reasonable than that a thing should be dissolved by the same means by which it was framed. Nihil operantur quae tacite insimt. Those things therein tacitly comprised, are inefficacious. Nihil possumus contra veritatem. ^We can do no- thing against truth. Nihil pr^escribitur, nisi quod possidetur. ^Nothing is prescribed but what is possessed. Nihil profuerint signasse tabulas si mentem matrimonii non fuisse constabit. Nuptias, non concubitus, sed con- sensus, fecit. ^It was of no advantage to sign the con- ,542 LAW GLOSSARY. tract, if it appear that tlie intent of marriage was wanting. Not cohabitation, but consent, ratifies the. marriage. Nihil sanctius, nihil antiquius fait ; perinde ac si in ipso hoc numero, secreta quaedam esset religio. " Nothing (was considered) more sacred ; nothing more venerable, as though some secret religion was (comprised) in this num- ber." This is supposed to mean the number Twelve. Vide note. Nihil simile est idem. ^Nothing which is like, is the same thing ; similarity is not identity. Nihil simul inventum est et perfectum. Nothing is at the same time invented, and also (made) perfect. Nihil tarn conveniens est natural! sequitati unum quod- que dissolvi eo ligamine, quo ligatum. Nothing is so agreeable to natural justice, as that everything should be dissolved (or released) by the same tie by which it was bound. Nihil tarn naturale quam quidlibet dissolvi eo modo quo ligatur. ^Nothing is more natural than this, that any- thing may be dissolved in the same manner as the obliga- tion is imposed. Nil capiat per breve. ^That he take nothing by the writ. Nil debet. " He owes nothing." The usual plea in an action of debt. Nil debet in assumpsit. He is not indebted in (the action of) assumpsit. Nil dicit. He says nothing. Nil facit error nominis, cum de corpore constat. ^An error in the name is of no consequence when it is consist- ent with the substance. Nil habet in ballivia mea per quod summoneri potest. He possesses no property in my bailiwick by which he can be summoned. Nil habuit in tenementis. He had no (interest) in the tenements. LAW GLOSSARY. 843 Nisi ad hoc admissus sit. Unless lie be admitted to this. Nisi captus est per speciale preceptum nostrum, vel cap- itals judiciarii nostri, vel pro morte hominis, vel pro foresta nostra, vel pro aliquo crimine, quare secundum consiietu- dinem Anglioe non sit replegiabilis. Unless he be taken by our special order, or that of our chief justice : or for the death of a man ; or trespassing on our forest, or for some other crime, which, according to the custom of Eng- land, is not bailable. Vide note. Nisi convenissent in manum viri. Except they come into the husband's possession. Nisi indictatus, vel appellatus fuit coram justiciariis, ul- timis itinerantibus. Unless he' were indicted, or ap- pealed before our Justices at their last circuit. Nisi per legale judicium parium suorum vel per legem terrae. Unless by the lawful judgment of his peers (or equals), or by the law of the land. Nisi prius. "Unless before." These words generally designate the proceedings before a Judge and Jury in a suit at law, either at, or after the sittings of a term, or upon the circuit. Vide note. Nisi si quid damno fatali contingit, vel vis major con- tingent. ^Unless if something occur by an utter loss, or by a greater force (destroying it). Nisi sub seriptura, aut specificatione trium testium quod actionem vellet persequi. Unless (given) under the writing, or attestation of three witnesses, that he be willing to proceed in the action, NoBiLiOEES natalibus, et honorum luce conspicuos, et patrimonio ditiores, perniciosum urbibus mercimonium ex- ercere prohibemus. "We forbid those more noble by birth, and conspicuous by the lustre of their honors, and richer in estates, to exercise destructive traffic in cities. Yide note. NoCEM sibi consciscere. To do injury to himself. 344 LA-W GLOSSARY. Nocivus. Injurious : hurtful. ISToCTES et noctem de firma. Vide note. NocTUBNA diruptio alicujus habitaculi, vel ecclesise, etiam murorum portarumve burgi, ad feloniam perpetran- dum. The nightly breaking open of any dwelling or church, also of the walls or gates of a castle, for the pur- pose of committing a felony. NocuMENTOEUM ahud, injuriosum et damnosum, et aliud damnosum, et non injuriosum. One treats of nuisances which are injurious and destructive ; the other of those de- structive, but not injurious. Nolle prosequi. "To be unwilling to proceed." Used in criminal cases when further proceedings are dis- continued. Vide note. Nolle prosequi ultra. To be unwilling to proceed further. Nolo eundum populum Imperatorem et portitorem esse terrarum. — ^ — I do not wish the same people to be (both) lords and servants of the lands. NoMEN collectivum. A collective name. NoMEN generalissimum. The most general name (or term). NoMEN hseredis, in prima investitura expressum, tantum ad descendentes ex corpore primi vassalh extenditur, et non ad collateres, nisi ex corpore primi vassalli, sive stipitis de- scendant. The name of the heir mentioned in the first investiture extends only to the descendants from the body of the first vassal, and not the collateral kindred, unless they are the issue from the body of the first vassal, or from his stock or lineage. Nomina sunt symbola rerum. Names are the sym- bols of things. Nomhtatim vel innominatim. Named or unnamed. Nomine districtionis. In name (or in the manner) of a distress. Nomine poense. By way of penalty (or punishment). LAW GLOSSARY. 345 NoMOTHETA. One who gave laws to a nation. NoN accrevit infra sex annos. ^It did not accrue with- in six years. NoN^. Nones. Vide note. NoN alienavit modo et forma. He has not alienated in manner and form. JSToN assumpsit infra sex annos. He hath not under- took within six years. ISToN assumpsit infra sex annos ante diem exitus brevis. He did not undertake within six years .before the day of issuing the writ. NoN assumpsit simul cum. He did not undertake with another (person). NoN autem deperditss dicuntur, si postea recuperantur. But they cannot be said to be lost, if they are after- wards recovered. NoN cepit modo et forma, &c. ^He did not take in manner and form, &c. NoN compos mentis. Not of sound mind ; in a state of lunacy. NoN compotes. Idiots : madmen. NoN concubitus, sed consensus facit matrimonium. • Not the consummation, but the consent, ratifies the mar- riage. NoN constat. It does not appear ; it does not follow. NoN culpabilis. Not guilty ; (frequently abbreviated, as "non culp')." NoN culpavit. He has not offended ; he is not guilty, Non culp' infra sex annos.' Not guilty within six years. Non damnificatus, ^Not damnified ; not injured. Non dat, quod non habet. He does not give that which he does not possess. Non debent reparare. They ought not to repair. Non debet fieri ; sed factum valet. It ought not to have been done; but (being done) it is efilcacious. 346 LAW GLOSSARY. NoN" decimando. Not titheable. NoM decipitur qui scit se decipi. A man is not de- ceived when he knows himself to be deceived. Now defuit illis operas et laboris pretium ; semper enim ab ejusmodi judicio ahquid lucri sacerdotibus obveniebat. Nor was there wanting a recompense for their work and labor, as some profit always came to the priests at an ordeal of this kind. Tide note. NoN demisit. He hath not demised or leased. NoN detinet. He does not retain. 'Son diutius remanebit in officio, &c., quam infra burgum praedictum, vel libertatem, et franchesias inde cum tota famUia inhabitabit, &c. He shall not remain' longer in office or enjoy its liberties and franchises than during the time he shall live in the said borough, with his whole family. NoN enim sufficit simpliciter proponere intentionem suam (by which word the count is meant) sic dicendo, " Peto tantam terram utjiis meum," nisi sic illam fundaverit, quod doceat ad ipsumytw pertinere, et^er quam viam, et per quos gradus jus ad ipsum dAeat descendere. Item cum agat per breve de recto ad utrumque jus consequendum (s. s.) tam jus possessionis quam proprietatis de seisina talis anteces- soris : non sufficit, si dicat, quod talis antecessor suus fait seisitus in dominico suo ut de libero tenemento tantum, " vel in dominico suo ut defeodo tantum!^ nisi doceat quod in dominico suo ut de feodo, quod sub se continet liberum tenementum, et totum jus possessionis ; dicat, et adjiciat, etjure, quod sub se contiaet jus proprietatis. For it is not enough merely to set forth his charge (by which word the count is ineant) by declaring, " I sue for so much land as my right" unless he shall have so laid it (the count), that lie can show that the right belongs to him, and by what way, and by what gradation the same ought to descend to him. Also when he sues by writ of right, making use of either title (to wit), as well the right of possession, as the LAW GLOSSARY. 847 riglit of seisin of suoli an ancestor ; it is not sufficient if lie declare that sucli an ancestor was seised in his demesne as of a free tenement only, " or only in his own demesne,^' as of fee, unless he show (or prove) that it is in his own de- mesne as of fee, which in itself comprises a free tenement and the whole right of possession ; he should (also) say, and add thereto, and by right, which in itself comprises the right of property. NoN enim tarn auctoritatis in dispntando, rationis mo- menta quserenda sunt. In every argument we should have respect more to the weight of reason, than of authority. NoN erit onerabilis et taxabilis pro peculiis, Anglic^ stock : et quod artifex {Anglicl, a tradesman) est onerabilis, et taxabilis pro peculiis {Anglic^, stock) in arte. He shall not be charged and taxable for his cattle, in English (his) stock ; but an artificer {in English, a tradesman) is chargeable and rateable for his effects (in English, his stock) in trade. NoN est factum. It is not his deed. NoN est inventus. " He is not found." The return made by a sheriff when the defendant is not found in his county. NoN facias malum, ut inde fiat bonum. "We are not to do evil, in order that good may come from it. NON-FEAZANCE. Non-performance. NoN fecit vastum contra prohibitionem. ^He did not commit waste contrary to the prohibition. Nour fait culpabilis. ^He was not guUty. NoN fuit electus major. He was not elected mayor. NoN habeat potestatem alienandi tenementa. He Lannot possess the power of transferring the estates. NoN habuit ingressum nisi per Gulielmum, qui se in illud intrusit, et illud tenenti dimisit. He had no entry except by William, who intruded therem himself, and demised it to the tenant. 348 LAW GLOSSAET. NoN liabuit ingressTim, nisi per intrusionem quam ipse fecit. He had no entry, but by the intrusion wMcb he (himself) made. NoN habuit ingressum, nisi post intrusionem quam Oulielrmcs in illud fecit. He had no entry, except after the intrusion -which ,TFi7Zi'am made therein. NoN hsec in fcedera veni. 1 have not consented to these obhgations. NoN inde est culpabUis, et pro bono et malo ponjit se super patriam. Therefore he is not guilty, and, whether to gain or lose, he puts himself upon the country.. NoN infregit conventionem. He has not broken the covenant (or agreement). NoN injuria sua propria absque tali causa. Not by his own injury without a like cause. NoN in regno Anglioe providetur, vel est aliqua securitas major vel solemnior, per quam aliquis statum certiorem habere possit ; neque ad statum suum verificandum aliquod solemnius testimonium producere, quam finem in curia domini regis levatum ; qui quidem finis sic vocatur, eo quod finis et consummatio omnium placitorum esse debet ; et hac de causa providebatur. There is not in the realm of England, nor is there a greater or more solemn security provided by which any one can have a more certain estate ; nor can he produce any evidence more solemn to verify his case, than a fine levied in the Bang's court: it is in- deed called a fine, because it should be the end and con- summation of aU suits ; and was provided for this purpose. Vide note. NoN jus, sed seisina facit stirpem. — ;— It is not the right but seisin (or possession) that makes the stock (or root). NoN licet alicui de csetero, dare terram suam, alicui domuireligiosse, itaquod illam resumattenendam de eadem domo ; nee liceat alicui domui religiosee terram alicujus sic accipere, quod tradat illam ei a quo ipsam recepifc, tenen- dum. Si qui autem de csetero terram suam domui re- LAWGLOSSAET, 849 ligiossB sic dederit, ut super toe convincatur, donuni suuin penitus cassetur, ut terra illo domino suo Ulius feodi incur- ratur. It is not lawful that any one, from henceforth, give his estate to any rehgioua house, so that he may resume the same, to hold of such house ; nor is it lawful for any religious house so to receive the estate from any one, ia order to redeliver it to the person from whom it was received, to be holden (of them). Also, if any person hereafter give his estate to a religious house, and he be thereof convicted, his gift shall be entirely void ; and the estate be restored to the lord of the fee. Vide note. NoN liquet. An answer made by the judges among the Eomaus when they were at a loss how to decide a cause. It signifies, " not clear." Hon misit breve. He has not sent the writ. NoN nostrum tantas componere htes. ^It is not our business to settle such disputes. NoN numero haec judicantur, sed pondere. These matters are not judged of by their number, but by their credit. Vide note. NoN nunc agitur de vectigalibus, non de sociorum in- juriis : libertas, et anima nostra in dubio est. The ques- tion is not at present as to our revenues, or the injuries done to our companions ; our very hfe and liberty are at stake. Non obstante ahquo statuto in contrarium. Notwith- standing any statute to the contrary. Non obstante veredicto. ^Notwithstanding the ver- dict. Non omittas. " That you omit not." The name of a writ. Non omittas capias ad respondendum. That you omit not to take (the person) to answer. Non emittas Ca. Sa. That you fail not (to arrest the defendant) to make satisfaction 350 LAW GLOSSARY. NoN omittas propter aliquam libertatem. That you omit not on account of any liberty (or privilege). NoN omnium, quae a majoribus nostris constituta sunt, ratio reddi potest ; et ideo rationes earum, quae constituun- tur, inquiri non oportet: alioquin multa ex his, quas certa sunt, subvertuntur. A reason cannot be given for all those laws which have been made by our ancestors ; and therefore the reasons for those (laws) which are in force ought not to be demanded, otherwise many of those which are established would be overthrown. NoN poterit Eex gratiam facere cum injuria et damno aliorum ; quod enim alienum est dare non potest per suam gratiam. The King cannot be bountiful to'the injury and damage of other persons ; for he cannot grant favors with what is not his own. Non potest facere per se, sed potest per alium ; non per directum, sed per obliquum. He is incapable to do this by himself, but may do it by anbther ; not directly, but indirectly. Non probe petat aliquid. He seeks for nothing hon- estly. Non pros'. He will not prosecute. Vide note. Non prosequitur breve, vel sectam. He does not pro- ceed with his writ or suit. Non quo, sed quomodo. Not by whom, but in what manner. Non quod dictum est, sed quod factum est inspicitur. It is not what is said that is regarded, but what is done. Non sequitur. It does not follow : it is not a matter of course : it is an unwarrantable conclusion. Non sequitur clamorem suum. He does not pursue his claim (or suit). Non sine magna juris consultorum perturbatione« Not without a great confusion among the lawyers. Non sum informatus. ^I am not informed: I am ignorant. LAW GLOSSARY. 351 NoN suspicio cujuslibet vani et meticulosi hominis ; sed talis quae possit cadere in virum constantem ; talis enim debet esse metus, qui in se contineat vitae periculum, aut corporis cruciatum. ^ISTot a suspicion sufficient to affright a foolish and timid man, but such as might fall upon one who is resolute ; for the fear should be of that descrip- tion which carries in itself the loss of life or maim of body. Noisr tenent insimul. They do not jointly occupy. NoN tenuit. He did not occupy (or hold). NoN uUam habebant episcopi auctoritatem prseterea quam a rege acceptam referebant. Jus testamenti pro- bandi non habebant; administrationis potestatem cuique delegare non poterant. The Bishops had no authority except that which they derived (as) received from the King. They had not the power of proving a will ; nor could they delegate the right of administration to any person. Non usurpavit libertates, nee earam aliquam prasdic- tam. He did not seize the said liberties, nor any of them. Non videtur concessum retinuisse, si quis ex prsescripto minantis aliquid immutavit. If a man changes any contract by an order enforced by threats, he does not ap- pear to have retained the right which had been granted him. NoEMANNi chirographorum confectionem, cum crucibus aureis, aliisque signaculis sacris, in Anglia firmari sohtam in ceram impressam mutant : modumque scribendi angli- cum rejiciunt. The Normans change the making up (or finishing) deeds with golden crosses, and other sacred marks (or signs), which was formerly the established custom in England, into a wax impression ; and they reject the Eng- lish manner of writing Nos A.B., &c., debitam et festinam justitiam in hac parte fieri volumus, ut est justum. We, A. B., &o., are willing 852 LAW GLOSSAEX. to do right and speedy justice in this matter, as it is equi- table. NosAUNCE. A nuisance. NosoiTUE a sociis. He is kno-sni by his companions : it is discoverable by what precedes and foUo-ws. Nos diviai juris rigorem moderantes. "We, moder- ating the rigor of the divine law. NosME. A name. NoTA est sponsio judicalis. " Spondesne quingentos, si meum sit?" " Spondeo, si tuum sit :" " Et tu quoque spon- desne quingentos, ni tuum sit?" " Spondeo, ni meum sit." • The legal undertaking is marked down. " Are you not responsible for five hundred if it be mine ?" " I am if it be yours." " And are you not also responsible for five hundred, unless it be yours?" " I am so unless it be mine." Vide note. NoTHUS. An illegitimate child. NoTiTiA. Notice. Nova constitutio futuris formam debet imponere, non preeteritis. The new constitution should enjoin a form in law for future transactions, but not for those already fin- ished. Nov-a: narrationes. New counts. NovALE. — : — New land under cultivation. Nova promissio. " A new promise." One sufficient to take the case out of the statute of limitations. Novel assignment. " A new assignment :" used in actions of trespass. Novel disseisin. Eecent disseisin : a new entry and ouster. NovEEiNT universi per prassentes, &c., me remisse, re- laxasse, et ominno de me, et hseredibus meis quietum cla- masse totum jus, titulum, etclameum, quae habui, ethabeo, &c. " Know all men by these presents, &c., that I have remised, released, and altogether quitted claim, from my- self and my heirs, all my right, title and demand which I LAW GLOSSARY. 853 have had, and now have, &c." These -words often occur in ancient releases of lands. NoviGiLD. The Saxon fine for an injury committed being of nine times the value of the article for which it compensates. Novi operis nunciatio. To protest against a new work, as a building which might injure another's right. Novis iajuriis emersis nova constituere remedia. To enact new remedies for offences recently arisen, v NovissiMArecopilacion. A collection of Spanish law. NoviTAS incognita disciplinae, ut solita armis discemi jure terminarentur. It was considered a strange inno- vation of manners^ that those matters which were usually decided by arms should be determined by the law. Vide note to "Jus Civile" &c. NoviTEE ad notitiam perventa.- — -It is newly come to notice. Novum opus. rA new work. NosALis actio. An action brought against the owner of a slave, when the latter has committed some offence, or in any way damaged another. NucES coUigere. " To gather nuts." This was for- merly one of the base services imposed by lords upon their inferior tenants during the feudal system. Vide Paroch. Antiq. NuDA et firmata. " Open and determined (or fixed)." These words were applied where some earnest or pledge was given, as a ring, &c. ; or an oath taken. NuDA et simplicia. " Open and sincere." The Civil- ians applied these words, where a promise of espousals was formally made. NuDA possessio. " A naked possession :" a bare ten- ure without a shade of title : as that of a squatter (as gen- erally termed) on the wild lands of America. NuDA promissio. A naked (or void) promise : one made without any consideration. 23 354 LAW GLOSSAEY. Nudum pactum. A bare (or naked) contract: one not binding in law. Nudum pactum ex quo non oritur actio. ^Abare agree- ment (only), from "vrhicb no action arises. NuDUS executor. A bare executor : one -who has no interest in tbe goods. ' NuL agard. No award. NuL assets ultra.' ^No furtber effects. NuL autre verbe in nostre ley. ^No other word in our law. NuL disseisin. A plea in real actions, that there was no disseisin ; and is a species of thcgeneral issue. Nulla bona habet. He (or she) h^ no effects. Nulla bona testatoris, nee propria. (That he has) none of the testator's goods, nor of his own. Nulla bona, ultra, &c. No goods, besides, &c. Nulla bona, vel catalla ad valorem, &c. ^No goods, or chattels, to the value of, &c. Nulla electio prselatorum (" sunt verba Irufulphi") erat mer^ hbera, et canonica ; sed omnes dignitates, tam episco- rum, quam abbatum, per annulum et baculum, regis curia, pro sua complacentia conferebat. Penes clericos, et mona- chos fuit electio, sed electumWa rege postulabant. No election of the prelates was purely free, and canonical, (" are thewordsof Ingulphus ;") but the King's court, in its benevo- lence, conferred all the dignities (or offices), as well thqse of the Bishops as the Abbots, by the ring and crosier. The election was in the power of the clergy and monks, but they required the person elected to be approved of by the King. Null* riparias defendantur de csetero, nisi illee quae fue- runt in defenso tempore Henrici Eegis, avi nostri, et per eadem loca, et eosdem terminos, sic at esse consueverunt tempore suo. Mag. Oh. No rivers shall henceforth be enclosed but such as were so in the time of King Henry, our ancestor, (and then) at such places, and by the like bounds, as they were accustomed to be in his time. LAW GLOSSARY. 855 Nulla falsa doctrina est quas non permisceat aliquid veri- tatis. " No doctrine is so false, but it may be mixed up with some truth." Thus, the person who commits perjury may in some parts relate facts, which make his evidence the more dangerous. NuLLAM habeo talem personam in custodia mea, nee habui die impetrationis hujus brevis, vel unquam postea. 1 have not had any such person in my custody, nor had when the writ issued, nor at any time since. NuLLAM veritatem celabo, nee celari permittam, nee mur- draii. 1 will not conceal the truth, nor permit it to be concealed nor stifled. Nulla praedictarum misericordiarum ponatur, nisi per sacramenta proborum et legalium hominum de vicineto. Comites autem et barones non amercientur, nisi per pares suos ; et non nisi modum delicti. Nothing shall be sub- ject to such fines unless imposed by the oath of good and lawful men of the neighborhood. The Earls and Barons shall not be fined, except by their own peers or equals ; and (then) only according to the nature of the offence. Nulla tenementa manerii erunt partabilia, nee inter hasredes masculos nee femellas. No manorial tenures shall be divisable, neither among the male or female heirs. Nulla villa, nee liber homo distringatur facere pontes. That no vill, or any freeman be distrained to erect bridges. NuLLi liceat feudum vendere vel pignorare sine permis- sione illius domini. It cannot be lawful for any one to sell or mortgage (his) fee (or estate) without the permission of his lord. NuLLi negabimus, nulli differemus justitiam. We will not refixse or delay (to do) justice to any person. Mag. Oh. NuLLis in bonis, No property in the goods. NuLLius filius. An illegitimate son. NuLLi vendemus, nulli negabimus, aut differemus rec« 356 LAW GLOSSARY. turn vel justitiam. Mag. Gh. We neitlier sell, nor denj, nor delay to any person, equity or justice. Nullum arbitramentum. " No award." A plea used by a defendant sued on an arbitration bond for not abiding by an award, " that tbere is no such award." Nullum commodum capere potest de injuria sua pro- pria. ^No man can take advantage of his own wrong. Nullum iniquum in jure prsesumendum est. ^No- thing unjust is to be presumed in the law. Nullum scutagium ponatur in regno nostro nisi per commune consilium regni nostri. That no escuage (a fine paid to be excused performing Knights' service) be imposed in our realm, unless by the common council of the nation. Nullum simile est idem. ^Nothing which is like is the same thing : similarity is not identity. Nullum tempus occurit regi. " No time runs against (the claim of) the King." In the case of a prosecution for murder, theft, &o., no time prevents putting the crimi- nal on his trial. NuLLUS bailivus de caetero ponat aliquem ad legem manifestam, nee ad juramentum simplice loquela sua, sine testibus fidehbus ad hoc inductis.- That no bailiff shall in future put a person upon his wager of battle, nor to his wager of law, on his own single complaint, without pro- ducing credible witnesses in support of the same. Vide nofe, and also note to " CompurgatoresP NuLLUS clericus, nisi causidicus. "No clerk unless he be a lawyer." Most of the persons in the high offices of the law were formerly in holy orders. NuLLUS dicitur felo principalis, nisi actor, aut qui prse- sens est " cil>ettans" aut auxUians actorem ad feloniam facere eandem. ^No one is said to be the principal felon except he who actually commits the deed, or the person who is present, "aieUing," or assisting the actor to perpetrate the felony. LAW GLOSSARY. 357 NuLLUS episcopus vel arcliidiacaaus de legibus epiacopa- libus amplius in hundredo placita ten'eant, nee cansam quaa ad regimen animarum pertinet, ad judicium secularium hominum adducat; sed quicunque secundum episcopales leges, de quacunque causa vel culpa interpeUatus fuerit, ad locum quem adhoc episcopus elegerit et nominaverit, veniat ; ibique de causa sua respondeat ; et non secundum hundret, sed secundum canones et episcopales leges, rectum Deo et episcopo suo faciat. That no Bishop or Arch- deacon, on account of his legal spiritualities, shall any longer hold pleas in the Hundred Court, nor hold any plea concerning the welfare of souls, which may lead to a judg- ment or sentence against laymen ; but whosoever shall be summoned agreeably to the spiritual laws respecting any cause or offence, shall come to the place which the Bishop has nominated or appointed ; where he shall answer to the complaint, not according to the laws of the Hundred Court, but according to the Canon and Episcopal laws, doing what is just in respect to God and to the Bishop. NuLLXJS idoneus testis in re sua intelligitur. 'So per- son is understood to testify properly in his own, cause. NuLLUS justiciarius vel minister regis ingredi potest ad ahquod officium exercendum. No justice or minister of the Kin g can enter to exercise any official duty. NuLLUS liber homo, &c., disseiseitur de hbero tenemento vel libertatibus, vel liberis consuetudinibus suis, &c. That no freeman be dispossessed of his freehold, or free customs, &c. Vide Mag-Aa Oharta. NtTLLUS Hber homo aliquo modo destruatur nisi per legale judicium parium suorum, aut per legem terrse. That no freeman be in manner destroyed, unless by the lawful judgment of his equals, or by the law of the land. Vide Magna Oharta. NuLLUS liber homo capiatur, vel imprisonetur, aut dia- seisietur de Hbero tenemento suo, vel libertatibus, vel li- bera consuetudinibus suis, &c., nisi per legale judicium 358 LAWGLOSSAET. parium suorum, vel per legem terrae. That no freeman shall be arrested or imprisoned, or turned out of his free- hold, or lose his free customs, &c., unless by the legal judg- ment of his peers (or equals), or by the law of the land. Vide Magna Gharta. NuLLUS liber homo capiatur, vel imprisonetur, aut ex- ulet, aut aliquo alio modo destruatur, nisi per legale judi- cium parium suorum, vel per legem terrae. That no freeman be taken, or imprisoned, or exiled, or in any other manner destroyed, uiiless by the lawful judgment of his peers (or equals), or by the law of the land. Vide Magna Gharta. NuLLUS liber homo disseisietur de libero tenemento suo, nisi per legale judicium parium suorum, vel per legem ter- rse. That no freeman shall be dispossessed of his free- hold, unless by the lawful judgment of his peers (or equals), or by the law of the land. NuLLUS venit ex parte defendentis ad ostendum bona et catella. No person comes, on the part of the defendant, to show the goods and chattels. NuL tiel corporation. No such corporation. NuL tiel record. " No such record." This is part of the plaintiff's rejoinder, that there is no such record, where the defendant alleges matter of record in bar of the plain- tiff's action. NuL tort. "No wrong." A plea in a real action, that no wrong was done, and is a species of the general issue. NuL tort ; nul disseisin. ^No wrong ; no dispossess- ion. Numerate pecunia. Counted money. NuMEEUM liberorum finire, aut quidam ex agnatis necare, flagitium habetur: plusque ibi boni mores valent, quam alibi bouse leges. It was accounted an aggravated crime to limit the number of children, or kill any of their kin- dred. So that good morals were more prevalent there than good laws elsewherei LAW" GLOSSARY. 359 NuMERUS certus pro incerto ponitur. A certain num- ber is used for one wHicli is uncertain. NuMMULARius. A dealer in money ; a banker. NuNCius. "A nuncio." A messenger or servant. The Pope's nuncio was termed "Legatus Pontifids,'" a Legate of tlie Pontiff. Nunc pro tunc. " Now for ttat time." These words are frequently used in legal or equitable proceedings, where something is permitted to be done "eo instanti" which should have been performed some time before. NuNCUPASE. Words spoken. NuNDiN^. An English fair. NuNNA. " A Nun." A consecrated virgin, or woman, who, by vow, hath bound herself to a chaste Hfe, in some place or company of other women devoted to the service of God by prayer, fasting, and such exercises. Saint Jerome says it is an Egyptian word. Nunq' seisie de dower, et de hoc, &c. Never seised of dower, and of this, &c. Nttnquam custodia alicujus de jure alicui remanet, de quo habeatur suspicio, quod possit, vel velit aliquod jus in ipsa heereditate clamare. The custody (of a ward) never legally continues with a person, of whom there is enter- tained any suspicion that he could, or would, claim any right in the inheritance. NuNQUAM indebitatus. Never indebted. NuPER obiit. " She lately died." The name of a writ which lies for a gister co-heir, dispossessed by her co-parcener of lands, whereof their father, brother, or any common ancestor died seized in fee. NuPTl^ secundse. "Second nuptials." This was formerly suf&cient ground to deprive a man from receiving holy orders. Nor could any benediction be pronounced, or any priest be present at such marriages. 360 LAW GLOSSARY. NOTES TO N. Nam Qm facit, &c. — As if a man gives another a power of attorney, or appoints him, verbaUy, to buy or sell goods, the act of such agent, within the authority given, is as valid as if done by the principal himself. Nam qui non pkohibet, &c. — If a man oonsoiously, although silently, permits his servant in his business to act injuriously to the property of another, and he (the master) does not prevent it, the law will intend that the master commanded the thing to be done, and he will be answerable. Natttraxis affeotio. — ^Natural affection. This is a good consideration in a deed ; and if a person, without expressing any consideration, covenants to stand seized to the use of his wife, child, brother, &c,, here the naming of them to be of kin implies the consideration of natural affection, whereupon such a use will arise. Vide Gart. 138. Neo in papthis, &o. — History informs us "that the first manufactured paper, of which we have any record, is the celebrated Papyrus, made of a species of reed, growing in Egypt, on the banks of the Nile, (Papyrwn nascitv/r in paMtstribus Egypiii, aut quiescerdilus Nili aquis. Vide Flin.) According to a passage in Jjucan, which is likewise corroborated by other authorities, this paper was first manufactured at Memphis, but it has been a matter of much controversy to fix the precise period of its invention. The Papyrus formed, without doubt, at an early period, an important branch of commerce to the Egyptians, and was one of the manufactures carried on by that people at Alexandria. It obtained an increasing importance among the Eomans, as literature became more valued and diffused ; and in the Augustan age, it grew into very extensive demand. "We are told in the reign of Tiie- rius, of a popular commotion, which arose in consequence of a scarcity of this valuable material. The commerce in Papyrus continued to flourish during a long period, the supply being generally less than the demand. It is said that its value was so great towards the end of the third century, that when Firmus, a rich and ambitious merchant, striving at empire, conquered for a brief period the city of Alexandria, he boasted that he had seized as much paper and size as would support his whole army. Papyrus was much used in the time of St. Jerome, who wrote at the latter end of the fourth century. An article of so much importance in commerce, contributed largely to the revenues of the Soman Empire ; and fresh imposts were laid on it under successive rulers, until the duty on its importation at length became oppressive. This was abolished by theodoric, the first King of the Goths, in Itaiy, at the end of the fifth, or beginning of the sixth cen- tury. Gassidoras records the gracious act in the thirty-eighth letter of his eleventh book, in which he takes occasion to congratulate " the whole world on the repeal of an impost upon an article so essentially necessary to the human race," the general use of which, as Pliny remarks, " polishes and immortalizes man." The roots of the Papyrus are tortuous, the stem tri- angular, rising to the height of twenty feet, tapering gradually towards the extremity, which is surmounted by a flowering plume. It has been stated, in a note to " Ghartae,^' &c., that " the membranes of the Papyrus, beiuij moistened with the muddy waters of the Nile, served instead of glue;" but .BfMpe, the celebrated traveller, affirms that there was no foundation for this supposition; and that the turbid fluid of the Nile has, in reality, no adhesive quality. This' traveller made several pieces of Pajpyrus paper, both in Alys- eim/ia and in Egypt, and y which negroes obtaia gold in MmuMng, that the country contains LAW GLOSSARY. 405 a considerable portion of the precious metal A great part is converted into ornaments for the women ; and 'whou a lady of consequence ia in full dress, the gold about her person may be worth, altogether, from fifty to eighty pounds (sterling.)" We find that the same disposition for rich orna- mental apparel prevailed in the time of the Apostles ; for St. Peter cautioned the females of quality, in the first ages of Christianity, when they adorned themselves, not to have it consist in the outward adorning of plaitihg the hair, and wearing gold, or of putting on apparel Tide 1 Pet/ui. 3. "Upon thy right hand did stand the Queen in gold of Ophir. Her clothing is O wrought gold." Vide PsaXms, xiv. 9, 14. Peounia signata. — The Romans, like other ancient nations, (vide Sirai. iii. 155,) at first had no coined money, {pecunia signata,) but either exchanged commodities, as is at present usual in many of the western parts of North America, (and in other parts of the world,) or used a certain weight of un- coined brass (oes rude) or other metal Hence the various names of money, also denotes weight; the Latin word "pendare," to weigh, is sometimes put as a synonymous word for '^solvere," to pay. So stipendwm (a stipe pendenda), soldiers' pay, (FestMS,) because at first it appears to have been weighed, not counted. Tide also Gen£sis, xxiii. 16. Thus, Mentum and mina, among the Greeks, and shelcei among the Hebrews ; and from the custom of weigh- ing, comes the word pound with us. Several Greek words are supposed to allude to the ancient custom of exchanging commodities : thus arnoomai, (to exchange or purchase, by giving a lamb ; ) arnos, (a lamb ;) oneomai, (by giv- ing an ass;) 6nos, (an ass;) poleo, (by giving a foal;) pohs, (a foal or the young of any animal) It is said that Servius Tullius first stamped pieces of brass with the image of cattle, oxen, swine, &e., pecudes, (cattle,) whence, it is said, comes the word "pecunia," (money.) Tide Ov. Past. v. 284. Servius, Bex, oviwm houmque effigio -primus ces signavit, vide Plin. xxxiii. 3. — I e. "Servius, the King, first coined money, with the likeness of sheep and oxen," (stamped thereon.) Silver, it is said, was first coined A. TJ. 484, or, according to others, A. U. 498 ; and gold, sixty-two years after. Tide Plin. xxxiii. s. 40. Liv. Ep. XV. SUver coins, however, seem to have been ui use in Rome, be- fore that time, but of foreign coinage. Tide Liv. viii. 11. Hence we find that .^s, or jUra, is put for money in general. Tide Hor. Art. P. 345 — aes oMenum, a debt ; annua aera, yearly pay. Tide Liv. v. 4. Money was likewise called slips, \a stipando, ) from being crammed in a cell, that it might occupy less room. Varr. L. L. iv. SS. But this word is usually put for a small coin, as we say a ceTit, or half cent, offered to the gods at games or the like, Oic. leg. ji. 16, or given as alms to a beggar, or to any one aa a New-Tear's gift, (strena,) or by way of contribution for a pubhc purpose. Plin. xxxiiL 10. s. 48. The first brass coin, (nummus vel numus (eris,) was called AS, (anciently assis, from ces;) of a pound weight, (liberaiis.) It appears that the highest valuation of fortune, (census maximus,) under Servius, was 100,000 pounds' weight of brass. Tide Liv. i. 43. The other brass coins, besides the as, were semisses, irientas, quadrcmies, and sextanies. These coins at first had the full weight, which their names imported ; hence in later times called ces grave. Tide Plin. xxviii 3. s. 13. The silver coins were denarius, the value of which was ten asses, or ten pounds of brass, marked with the letter X ; Quina/rius, five asses, marked T; and Sestertius, two asses and a half The impression on silver coins was usually on one side, carriages drawn by two or four beasts ; and on the re- verse the head of Roma, with a helmet. On some silver coins was marked the figure of Tictory ; hence called Victoriati. From every pound weight of silver were coined 100 denarii, so that at first a pound of silver was equal in value to a thousand pounds of brass. 406 LAW GLOSSARY. Whence we may judge of the scarcity of silver at that time in Rome. But afterwards the case was altered. For when the weight of the as was di- minished, it bore the same proportion to the dmairms as before, until it was reduced to one ounce ; and then a denarim passed for sixteen asses, (except in the military pay, in which it continued to pass for ten asses, at least un- der the Eepublio, Plin. xxxiii. 3 ; for in the time of Tiberius, it appears no such exception was made, vide Tacit. Ann. i. IT,) a quinarius for eight asses, and a sestertius, for four ; which proportion continued when the as was re- duced to half an ounce. Flin. ibid. But the weight of silver money also varied, and was different under the Emperors from what it had been under the Republic. Varro mentions silver coins of less value ; Libella, worth an as, or the tenth part of a denarius ; SemieUa, worth a half pound of brass ; and Te- ru/ncius, the fortieth part of a denarius. A golden coin was first struck at Some, in the second Punic war, in the Consulship of 0. Claudius Nero, and M. JOivius Sdlinator, A. V. 546, called Aureus, or aureus nummus, equal in weight to two denarii and a quina/rius, and in value to twenty-five denarii, or one hundred sestertii. Vide SueL 0th. 4. Hence the fee allowed to be taken by a lawyer is called by Tacitus, " dena sestertia." Vide Ann. xi. 7. The common rate of gold to silver un- der the Republic was tenfold. But Julius Caesar obtained so much by plun- dering, that he exchanged it for 3000 sestertii, or 750 denarii the pound ; L e, a pound of gold for seven pounds and a half of silver. Vide Suet. Goes. 54. Pee duellum. — ^It appears probable, from a law quoted by Jo. 0. Stiern- kbok, "de jwe Sueonum et Gothorum vetusto," that judicial coflibat was originally permitted, in order to determine points respecting the personal character, or reputation of individuals, and was afterwards extended not only to criminal oases, but to questions concerning property. The words of the law are, "If any man shall say to another these reproachful words, ' Tou are not a man equal to other men,' or, 'You have not the heart of a man;' and the other shall reply, 'lam as good a man as you;' let them meet on the highway. If he, who first gave offence, appear, and the person offended absent himself, let the latter be deemed a worse man even than he was oaUed ; let him not be admitted to give evidence in judgment, either for man or woman, and let him not have the privilege of making a testament. If he, who gave the offence, be absent, and only the person offended, appear, let him call upon the other (hrice, with a loud voice ; and make a mark upon the earth ; and then let him who absented himself be deemed infamous, be- cause he uttered words which he durst not support. If both shall appear, properly armed, and the person offended shall fall in the combat, let a half compensation be paid for his death. But if the person who gave the offence shall fall, let it be imputed to his own rashness. The petulance of his tongue hath been fatal to him. Let him lie in the field without any compensation being demanded for his death." Vide Lex Uplandica ap. Stiern. p. 76. Martial people were extremely delicate, with respect to everything that affected their reputation as soldiers. By the laws of the Salians, if any per- son called another a Sare, or accused him of having left his shield on the field of battle, he was ordained to pay a large fine. Vide Leg. Sal. tit. xxxii. § 4, 6. By the law of the Lomhards, if any one called another Arga, i .e. " a good for nothing fellow," he might imnnediaiely challenge hun to combat. Vide Leg. Longoh. lib. '\ tit. v. § 1. By the law of the Salians, if one called another Cenitus, a term of reproach equivalent to Arga, he was bound to pay a very high fine. Tit. xxxii. g 1. Thus the ideas concerning the point of honor, which we are apt to consider as a modern refinement, as well as the practice of duelling, to which it gave rise, are derived from the notions of our ancestors, while in a state of society very little improved. The northern nations of Ewrope held, above every other consideration, LAW GLOSSAET. 407 their courage and acts of valor. "We find the following passages in Ossiaris Poems, among innumeraUe others in various authors ( Ossian^ it is generally supposed, lived in the early ages of Christianity :) "My fathers, Ossian, trace my steps ; my deeds are pleasant to their eyes. Wherever I come forth to battle, on my field are their columns of mist. But mine arm rescued the feeble I the haughty found my rage was fire. Never over the fallen did mine eye rejoice. For this my fathers shall meet me at the gates of their airy balls, tall with robes of hght, with mildly kindled eyes. But to the proud in arms, they are darkened moons in heaven, which send the fire of night red-wandering over their face." And again : " Father of Heroes, Trenmor, dweller of eddying winds I I give thy spear to Ossian, let thine eye rejoice. Thee have I seen, at times, bright from be- tween thy clouds ; so appear to my son, when he is to lift the spear ; then shall he remember thy mighty deeds, though thou art now but a blast." Peregeini. — Strangers — Foreigners. With the ancient Bomans, those who were not citizens were called foreigners (Peeesrini), wherever they lived, whether in the city or elsewhere ; but after Caraccdla granted the free- dom of the city to aU freeborn men in the Roman world, and when Justinian sometime after granted it also to freedmen, the name of foreigners fell into disuse ; and the inhabitants of the whole world were divided into Eomans and Barbarians. The whole Soman Empire itself was called " ROMANIA," which name is sometimes now given to Thrace, as being the last province which was retained by the Bomans, until the time of the taking of Gonstan- iinople, by the Turks, A. D. 1453. While Borne was free, the condition of foreigners was very disagreeable. They might, indeed, live in the city ; but they enjoyed none of the privileges of citizens. They were also subject to a peculiar jurisdiction ; and sometimes were expelled from the city, at the pleasure of the magistrates. Thus M. Junius Pennus, A. TJ. G27, and G. Pa,- pius Gelsus, A. U. 688, both Trilmnes of the people, passed a law, order- ing foreigners to leave the city. Tide Gic. Off. iii. 1 1. Brut. 8. So Augus- tus, Siiet. Aug. 42. But afterwards, an immense number of foreigners flocked to Borne, fi'om all parts. Vide Juv. Sat. iii. 58. So that the greatest part of the common people consisted of them ; hence Bome was said to be " mundi f(Bce repleta," L e., " full of the world's dregs." Tide Lve. yii- 405. Foreign- ers were neither permitted to use the Boman dress, (Suet. Glaud. 25,) nor had they the right of legal property ; or of making a wiU. When a foreigner died, his goods were reduced into the treasury, as having no heir, {quasi bona vacantia ;) but if he had attached himself to any person, as his patron, that person succeeded to bis effects, (jure applicaiionis.) Tide Gic. de Orat. i. 39. But in process of time these inconveniences were removed ; and foreigners were not only advanced to the highest honors, but some of them even made Emperors. Pee peopeioti, visum, &o. — Anciently, when any controversy arose respect- ing lands, or their boundaries, there was generally no other mode of settling the dispute, except by a view on the spot ; and the evidence and hearsay testimony of aged persons. Deeds or conveyances of land were made but seldom ; they were very concise, and the boundaries given in a general man- ner, and frequently not given in any definite mode, further than mentioning the number of towns, vills, &c. About the time of the Conquest, very large estates were granted on pieces of parchment, not exceeding in size a sheet of common writing paper. Some of these grants are now extant, as legible as when first written. Pee testamentum. — This was one of the ancient modes of freeing a slave (by giving him his liberty) by will. If this was done in express words, (ver- bis directis), as, for example, " Davus, SBBvns meus, libbe esto," i. e., " Da- 408 LAW-GLOSSARY. VUB, my servant, De ihou free," such freedmen were called " Oeoini," or "Clia/ronitce" because it was said they had no patron, but in the infernal re- , gions. lii allusion to which, those unworthy persons who got admission into the Senante, after the death of Goesa/r, were by the vulgar called "Sena- tores Oboini." Vide Suet. Aug. 35. But if the testator signified his desire, by way of request {verbis precativis), the heir {haeres fiditciariits) retained the right of patronage. When a person had his freedom given him at his mas- ter's death, he was called " Oboinus ubebtus." Pee vindictam. — This was another of the ancient modes of freeing a slave ; when the master, going with the slave in his hand to the Prcetor or Constd, and in the Provinces to the Proconsul ov Propraetor, said, "I desire that this man be free according to the custom or law of the Romans," ("HnNO HOMINEM LIBEEUM ESSE VOLO MORE, vel JtJEE, QuiEiTluM,") and the Prcetor, if he approved, putting a rod on the head of the slave, {Sor. Sat. ii. 1, 76,) " I WILL THAT THIS MAN BE FREE APTEE THE MANNER OF THE ROMANS." Whereupon the Lictor, or the Master, turning him (the slave) round in a circle, (which is called) " Vertigo," (Pers. Sat. v. 75,) and giving him a blow on the cheek, (alapa,) vide Jsidor, ix. 4, (whence, muUo majoris alapcR mecum veneunt. Liberty is sold, &c. Plued. ii. 5, 22), let him go (e manu emittebaf), signifying that leave was granted him to go where he pleased. The rod, with which the slave was struck, was called " Vindicta," as some think from Vindicius, or Vindex, a slave of the Vitelii, who informed the Senate of the conspiracy of the sons of Brutus, and others, to restore the Targuins ; and who is said to have been first freed in this manner, vide lAv. ii. 5, whence also, perhaps, " vindicare in liiertatem," " to free." " Mulier nwdo quam vin- dicta remedit," a woman lately freed. Vide Ov. Art. Am. iii. 615. PjE PODDRECOUBT. — " Ouria pedis pulverizati ;" from the Fr. "pied," pes; and "poudreua;," pulverulentus. Skene {de verho signif. verio "Pes pulve- rosi") says the word signifies a vagabond, especially a pedler, who had no dwelling, therefore must have justice summarily administered to him, viz. within three ebbings and Sowings of the sea. Bracton calls it "justitia pre- poudrcms." This court, among the old Saxons, was called ceapung-gemot, i e. a court of merchandise ; or handling matters of buying and seUing. PiNnas bibere, or " ad pinnas lilere." The old custom of drinking, (brought in by the Danes,) was to fix u, pin on the side of the vessel, or Wassail bowl, and to drink exactly to the pin. This sort of drunkenness was forbid by the clergy in the council of iondora, Anno 1102. Yiie Gowett. It is probable that many, when thirsty, forgot the pin, and drank a little lower. The Somans used to drink to one another, thus, " bene vobis, &o." i. e. " health to you. Sec." Plaut. Pers. v. i. 20. Sometimes, in honor of a friend, or mistress. Vide Ibid, and JSor. Od. i. 27, 9 ; and they used to take as many cyathi, or cups, as there were letters in the lady's name {TibuU. ii. 1, SI ;) or as they wished years to her ; hence they were said, " ad numerum bibere, (to drink to the number.) Vide Ov. Fast. iii. 531. A frequent num- ber was three, in honor of the Graces ; and nine, of the Muses. Vide Hor. Od. iii. 19, 11. The Greeks drank first in honor of their Gods, and then of their friends ; hence " Greco more bibere," (i. e. to drink after the Grecian custom.) Cic. Verr. i. 26. They began with small cups, and ended with larger, which is usually the consequence in modern times. A skeleton was sometimes introduced at feasts in the time of drinking ; or at least the repre- sentation of one {larva argentea), vide Petron. 34, in imitation of the Egyp- tians, vide Serodot. ii. 78, s. 74, upon which the master of the feast, looking at it, used to say, Vivamits, bum licet esse bene. Vide Peiiron, 34. PlaoitatOE. — ^We find it recorded that RaJf Flambard, was " ioiiiis regni LAW GLOSSARY. ' 409 Placiiaior," i. e. " Pleader for the whole realm, "Jem^. WiU.2. It would appear at this day, that if Balf were pleader for the iwhole kingdom, his time must have been pretty well employed, if law suits were brought for suoh trifles as is customary in modem days. POSSESSIONES, &0. — It was formerly the custom, much more than at pres- ent, when a purchase was made of estates, in the occupation of tenants, to procure them to attorn, by signing an acknowledgment, that they from thence- forth considered themselrea as holding their lands of the purchaser. PBiEDiA LIBERA. — Farms not liable to any servitude were, among the Bomans, called Praedia libera, (i. e. free farms ;) optima jure, vel conditione optimd, (i. e. in the greatest right, or most perfect condition ;) others, "qius serviebanl; servituiem debebant, vel servituti erant obnoxia,^' (i. e. those under servitude ; who owed service, or were liable to perform duties,) were called "Praedia Serva," (i. e. servile farms.) Tide Gic. in Ridl. iii. 2. Buildings in the city were called " Prmdia urband'' (city farms), and were reckoned " res mancipi," only by accession {jv/re fundi), i. e. by farm right; for all buildings and lands were called Pundi ; but usually buildings in the city were called ^des ; iu the country ViUce. A place in the city without buildings was called Area; in the country, Ager. A field with buildings was properly called Fundus. Pb^muxiee. — "We often find this writ mentioned in the old law ; it was probably corrupted from " Prcemoneri," to be forewarned. Vide Pu Cange in verb. The offence for' which this writ was granted was of a nature highly criminal, though not capital. The first words of the writ are, " Prcemunire facias A. B.," &c., i. a. " Cause A. B. to be forewarned," &c. It took its origin from the exorbitant power claimed and exercised in England by the Pope ; and was originally ranked as an ofience immediately against the King, or his prerogative ; because it consisted in introducing a foreign power into the land, and thus creating " imperium in imperio," by paying that obedience to papal process which constitutionally belonged to the King. The penalties of a Prcemunire are mentioned by a great many statutes ; yet prosecutions upon a PrEemunire are scarcely, if ever, heard of in the English courts. The Pope of Rome, at one time, took upon himself to bestow most of the Ecclesiastical livings of any worth in England, by Mandates, before they were void ; pretending therein great care to see the Church provided with a suc- cessor before it needed — whence these mandates, or bulls, were called " gratice expectativiE, or provisiones," i. e. expected rewards, or provisions. Vide Duor remus de Beneficiis, lib. 3, c. 1. These provisiones were at length so common that it became necessary to restrain them by law, vide Stat. 35, Edw. the First, and subsequent statutes for the punishment infiicted for this offence, which was severe. Pr^btoe. — "Is quiprceit jure, el exercitu," i. e. "he who is first in the law, and the army." This word appears to have been anciently common to all magistrates. Vide Liv. lit 55. Thus the Dictator is called " Prcetor Maxi- mus." Liv. viL 3. But when the Consuls, being engaged in almost continual wars, could not attend to the administration of justice, a magistrate was cre- ated for that purpose, A. U. 389, to whom the name of PRiETOK was thence- forth appropriated. He was at first created only from the Patricians, as a kind of compensation for the Consulship being communicated to the Plebeians; but afterwards, A. IT. 418, also from the Pfeiejores. Vide iji". viii. 15. The Prcetor was next in dignity to the Consuls; and was created at the ComiUa Genturiata, with the same auspices as the Consuls ; whence he was called their colleague. Liv. vii. 1 ; viii. 32. The first Prcetor was Sp. Furius Co- miUus, son of the great M. Furius CamiUus, who died the year the son was 4:10 LAW GLOSSARY. ■ Prxtor. "When one Prcstor was insufficient, on account of tlie number of foreigners who flocked to Rome, another Prador was added, A. U. 510, to administer justice to them ; or between the citizens and them, qui inter cives Pomanos et peregrinos jus diceret. Liv. Ep. xix. ; zxii. 35, i. e. "who should declare (or pronounce) the law between the Roman citizens and strangers ; ' hence called " Pe^toe Peebgrinhs." The power of the Prmtor in the ad- ministration of justice was expressed in these words, " Do, Dioo, Addioo," i. e. "I ordain, I pronounce, I condemn." Prmtor dabet actionem etjudicem, (the Prcetor may give the law and judgment ;) he gave the form of the writ for trying and redressing a particular wrong complained of; and appointed judges, or a jury, to judge in the cause ; dioebat jds, i. e. " he pronounced the law (or sentence;)" addioebat bona vel damna, i. e. "adjudged the goods, or awarded the damages. Peobatio. — Proof. Bracton says there is "proiatio duplex," i. e. "a double proof," viz., " viva voce," by witnesses ; and "probatio Tnortua," by deeds, wri- tings, &c. Proo^ according to Lilly, is either giving evidence to a jury on a trial, or else on interrogatories ; or by copies of record, or exemplification of them. 2 Lit, Ab. 393. Though where a man speaks generally of proof, it shall be intended of proof given to a jury, which, in the strict signification, is legal proof. Vide Bulst. 56. Propeia manu, &c. — The barbarous nations who prostrated the Rom^n- Empire were not only illiterate, but treated literature with great contempt. The swarms of invaders found the inhabitants of most of the provinces which they conquered sunk in effeminacy and averse to war. " When we would brand an enemy," says Lituprandus, "with the most disgraceful and contu- melious appellations, we call him ' a Roman ;' hoc solo, id est Romani no- mine, quicquid, nobilitatis ; quicquid timidatis, quicquid aversaiite, quicquid hiau- rial, quicquid mendacii, immo quicquid vitiorum est comprehendes," i. e. "In this thing alone, that is, in the name of Roman, there is not only whatever is haughty; but also , everything cowardly, of abhorrence, of effeminacy, of lying, yea, all that you can consider disgraceful. Vide Legatio apud Mwrat, Scriptor, Ital. vol. 2, pars. 1. p. 48] . This degeneracy illiterate barbarians attributed to the love of learning. And, after they had settled in the countries they had conquered, they would not permit even their children to be instructed in any literary science, "for," Bald they, " instruction in the sciences tends to corrupt, enervate and oppress the mind, and he who has been accustomed to tremble under the rod of a pedagogue, will never look on a sword or spear with an undaunted eye." . Vide -Procop. de hello Gothor. lib. 1, p. 4, ap. Scrip. JByz. edit. Venet. vol. 1. What a specious argument for ignorance I A considerable number of years elapsed before nations so rude, and so unwilling to learn, could produce his- torians capable of recording their transactions, or describing their manners and institutions. By that time the memory of their ancient condition was, in some measure, lost ; and few monuments remain to guide their first wri- ters to any certain knowledge of them. Traditions then supplied the place of truth, and distorted facts a thousand difierent ways. If we expect to receive any satisfactory account of the laws and manners of the Goths, Lombards, and Franlts, during their residence in those countries where they were originally settled, from Jornandes, Paulus, Warne/ridus, or Gregory of Tours, the earliest and most authentic historians of those people, we shall be disappointed. Whatever imperfect knowledge has been con- veyed to us of the ancient state of those fierce northern tribes, we owe it, not to their own writers, but to the Greek and Roman historians. Puelioa Jttdioia. — Criminal trials among the Romans were at first held (exercebamtur) by their kings, (Dyonys. ii. 14,) with the assistance of a council, LAW GLOSSARY. 411 (aim consilio). Liv. i. 49. The King judged of great crimes himself; and left smaller crimes to the judgment of the Senators. TuUius Eostilius appointed two persons (DouMvnii) to try Ebratius for killing his sister, and allowed an appeal from their sentence to the people. Liv. i. 26. Tarquinus Superhus judged of capital crimes by himself alone, without any counsellors, Liv. 1, 49. After the expulsion of Tarquin, the Consuls, at first, judged and punished capital crimes, [Liv. ii. 5. Dyonys. x. 1.) But after the law of Popliocola, concerning the liberty of appeal, the people either judged themselves, in capital affairs, or appointed certain persons for that purpose, with the concurrence of the Senate, who were called " Qumsi- tores," or " Qucesitores paricidii,'" (judges of parricide), whose authority, it appears, lasted only until the trial was over. Sometimes the Consuls were appointed. Vide £ra. iv. 51. SiomeVimss a Dictator, ani. Master of the Horse, Liv. ix. 26, who were then called Qtr^siTORES. The Senators also judged in capital affairs. Vide Sallust. Cat. 51, 52, or appointed persons to do so. Liv. ix. 26. Puisne. — All the judges in England are called puisne judges, except the Chief Justice of the Courts of King's Bench, and Common Pleas, and Chief Baron of the Exchequer. Q- Q'd. capiat in custod' suam omnes prisonar' qui sunt ad largum, extra prisonam. That lie take into his cus- tody all the prisoners who are at large, beyond (the walls) of the prison. Q'd. capiat in custod' suam omnes prisonar' qui sunt in regulis. That he take into his custody all the prisoners, who are in the rules (or on the limits). QuACAMQUE via data. In every point of view. QuADEUPLATOR. An informer : an accuser. Vide note. Qtjadrenniitm utile. The four years permitted in Scotch law to a minor, after he comes of age, to annul, if he can, any deed done to his injury during his minority. Qu^ ab hostibus capiuntur, statim capientium fient. Those things which are taken from an enemy belong, after the battle is over, to the captor. Qu^ admoneas. ^Which things you warn (or ad- monish) of. Qu^ ad mamis Martini executoris postea devinirent. 412 LAW GLOSSARY. &c. Which subsequently came to the hands of Martin, the executor. Qu^ ad omnes pertinent, omnes debent tractare. Those things which concern every one, should be exercised by aU. ■ Qu-a: ad terram. Which (relate) to the land. Qu^ ad unem finem loquanta sunt non debent ad alium detorqueri. What is spoken with one meaning should not be perverted to another. Qtt^ coram nobis resident. Which things remain before us. QuJSDAM nuda possessio. A certain naked (or bare) tenure. Qu^DAM nuda possessio, absque minima possessione, et nihilo juris. "A certain bare occupancy, without the the least possession, and no manner of right." A squat- ter's title. Qu^DAM prffistatio loco relevii in recognitionem domini. ■ A certain performance, instead of a relief, in acknowl- edgment of the lord (or fee). Qu^ enim res in tempestate, levandse navis causa, ejiciuntur, has dominorum permanent. Quia palam est, eos non eo animo ejici, quod quis habere velit. Those goods which are thrown overboard in a storm, for the pur- pose of easing the ship, remain the property of the owners. Because it is evident that those articles are not wilfully cast away, which every one desires to preserve. Qu^ enim proxima locis obessis deprehendantur non alia ratione publicantur, quam quod ex facto tacite ad hostem comeandi propositum coUigantur. Those things, which are taken adjacent to besieged places, are not confiscated on any other account, than that they are privately intended, as collected, to be consumed by the enemy. Qu.ai est eadem. Which is the same. Qu-ffi! fuit uxor.-^^ — Who was the wife. Qu^ in summis tribunalibus multi 4> legum canone de- LAW GLOSSARY. 413 cernunt Judioes, solus (si res exigent) coliibet CanceUariua ex arbitrio ; neo aliter decretis tenettir suae curiae, vel sui ipsius, quin, elucente nova ratione, recognoscat quse volu- erit, mutet, et deleat prout suse videbitur prudentise. The Chancellor, alone, in his discretion, restrains those de- cisions (if the case so requires) which many of the Judges in the Supreme Courts decide according to the Canon law ; nor is he otherwise bound to the decrees of his own court, or (to those decided by) himself; but that on a new reason appearing he may reconsider, alter, or expunge those things, as he thinks proper, or as it shall appear to him to be prudent. Qu^ ipso usu (jonsumuntur. Those things which are consumed by the (very) use (or wear) of them. Qu^ hbet concessio fortissime contra donatorem interpre- tenda est. Every person's grant is to be expounded most strongly against himself. Qu^ minimis non curat. Which does not regard mere trifles. Qu^ neque tangi, nee videri possint. Those things which can neither be felt, nor seen. QuiE nihil frustra. Which requires nothing vainly. QuM plnra. What more. ' Qu-ERENS iu misericordia. (Let the) plaintiff be in mercy (be liable to punishment or fine), &c. QtJ^ relicta sunt et tradita. Which things are left and delivered (us). Qtt^rens nil capiat per breve. That the plaintiff take nothing by his writ. QuiERENS non iuvenit plegiimi. The plaintiff did not find a pledge. QtTiESTOR. A Eoman oficer who collected the public revenues. Qu^ secundum Canones et Episcopales leges ad regimen animarum pertinuit, Which, according to the Ganon.9 and Episcopal Laws, appertain to the cure of souls. 414 LAW GLOSSARY. Qu^STlo fit de legibus, non de personis. The ques tion is as to the laws, not (in respect) of the persons. Qu^STiONES publici juris. Questions of the public right (or law). QUJ3 uxor habet. ^Which the wife retains. Qua executrix. As an executrix. Quale jus. What right. QuALiTAS delicti. The nature of the offence (or crime). QUALITAS delinquentis. The rank (or standing) of the delinquent. QuAM angusta innocentia est ad legem bonum esse ?" " How pitiful is that innocency which restricts itself to the (mere letter of the) law I" How many screen them- selves under the literal words of a statute ; who, if all cir- cumstances were known, deserve severe punishment. That man's morality is very limited, which is confined to the ' strict letter of the law. QuAM clamat esse rationabilem. "Which he (or she) claims to be reasonable. QuAMDiu bene administrat. So long as he (or she) faithfully administers (the deceased's effects). QuAMDiu bene se gesserint. " As long as they con- duct themselves properly." This language was formerly used in the Letters Patent granted to the Chief Baron. All the English Judges now hold their offices by this ten- ure — formerly they were enjoyed " durante bene placito" during pleasure. QuAM legem exteri nobis posuere, eandem illis ponemus. The same law which foreign powers have shown to us, we should observe to them. QuAM prop€ ad crimen sine crimine? "How near (may one approach) to crime without being guilty ?" Cen- turies since, this was a mooted question. Some reasoned on the different gradations of crime, until, in their own opin- ions, they almost reasoned away the crime itself. LAW GLOSSARY. 415 QUAMVIS autem nulla specialia sit comraerciorum prohi- bitio, ipso tamen jure belli commercia esse vetita; ipste in- dicationes bellorum satis declarant ; quisque enim subditus jubetur alterius principis subditos, eorum bona aggredi, occupari, et quomodocumque iis nocere. Altbough no special prohibition to commerce be made, yet, according to tbe law of war, it is forbidden ; (and) these appearances of hostility are sufficient of themselves ; for every subject of one belligerent power is commanded to attack the sub- jects of the other, and seize upon and injure their property in every possible manner. QuAMVis quis pro contiamacia et fuga utlagetur, non propter hoc convictus est de facto principali. Although a person may be outlawed for contempt and flight, he is not on this accoiint (alone) convicted of the principal fact. QuajSTD il'y a prisi d'amis ou d'ennemis, ou autre tel des- toubier en la navigation. When it is seized either by friends or enemies, or meets with any other such interrup- tion on the voyage. QuANDO acciderint. When they may happen. QuANDO aliquid mandatur, mandatur et omne per quod pervenitur ad illud. When a thing is commanded to be done, everything necessary to its accomplishment is also commanded. Qdando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud. When a thing is forbidden to be done, everything having a tendency towards its taking effect is also forbidden. QuANDO aliquis aliquid conoedit, concedere videtur et id, sine quo res uti non potest. When a person grants some- thing, it will appear that is also conceded without which the thing cannot be enjoyed. QuANDO de una et eadem re duo onerabiles existunt, unus, pro insufficientia alterius de integro onerabitur. When two persons are liable for one and the same thing, 416 LAW GLOSSARY. one, in case of the other's default, is chargeable with the whole. QuANDO hasta, vel aliud corporeum quid libet porrigitur k domino, se i^ivestituram facere dicente ; quae saltern coram duobus Tassallis solemniter fieri debet. When a spear, or any other selected corporeal thing, is held out by the lord (of the fee), declaring that he invests them with pos- session, which should be solemnly performed before two vassals at least. Vide note. QuAJSTDO jus domiai regis et subditi insimul concurrunt, jus regis prseferri debet. When the right of the lord the king, and the subject meet together (or are similar), the king's right should be preferred. QuANDO lex aliquid concedit, concedere videtur et id per quod devenitur ad illud. When the law grants anything, it would also appear to concede that (right) by which it may be accessible. QuANDO non valet quod ago, valeat quantum valere potest. When that which I do is of no utility, let it be as ef&cacious as possible. QuANDO plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est. When more is done than ought to be performed, it seems that sufficient is (actually) accomplished. QuANDO principes inter partes loquuntur, et jus dicunt. When the Emperors pronounce between the (litigatiag) parties, and declare the law (of the case). QtJANDO quod ago non valet ut agam, valeat quantum valere potest. When that which I do is inefficacious in the mode I intend it, let it avail as much as possible. QuAND un Seigneur de Parlement serra arrien de treason, ou felony, le Eoy par ses lettres patents fera un grand et sage Seigneur d'estre le grand Seneschal d'Angleterre ; qui doit faire un precept per faire venir xx. Seigneurs, ou xxviii., &0.' ^When a Peer of a Parliament shall be ar- raigned for treason or felony, the King by hi« 1p++°t-« T^i+nn+ LAW GLOSSARY. 417 snail Make a noble and intelligent Peer High Steward of England, wlio is to issue a precept to cause twenty, or twenty-eiglit Peers to come, &c. Qua non deliberetur sine speciali praecepto domini regis. From whicli lie cannot be discharged without the King's special precept. Quanta esse debeat per nullam assizam generalem de- terminatum est, sed pro consuetudine singulorum comita- tuum debeter. The quantity should not be determined ^J any general assize, but be due according to the custom of the several counties. Quant bestes sauvages le Eoy aler hors del forrest, le property est hors del Eoy ; sUz sount hors del parke capi- enti conceditur. When the King's wild beasts go from the forest, the property ceases to be in him ; (but) if they go out of the park, (then) they become the property of the captor. QuANTO gradu unusquisque eorum distat stirpite, eodem distat inter se. In so great a degree as each person is removed from the stock, in the same relationship they stand distant among themselves. Quant' testes ? How many witnesses ? Quantum damnificatus. ^How much injured (or dam- aged). Quantum homo debet domino ex homagio, tantum illi debet dominus ex dominio (praeter solam reverentiam). As much as a man owes to the lord by homage, so much the lord owes him, from (his) seignorship (fealty only ex- cepted). Quantum inde Eegi dare vaJeat per annum, salva susten- tatione sua et uxoris, et liberorum suorum. How much from thence he be able to pay the King annually, having besides a maintenance for himself, his wife and children. Quantum meruit pro rata. As much as he deserved for the proportion. Quantum valebat.— — :As much as it was worth. 27 418 LAW GLOSSARY. Qua placitum, &c., materiaque in eodum contenta, miniia sufficiens in lege existet, &c. ; nnde pro defectu sufficientis placiti, &c., petit judicium. By wMcli the plea, &c., and the matter therein contained, are not sufficient inlaw, &c. ; wherefore, on account of the wa!it of a sufficient plea, &c., he prays judgment. QuARE clausum et domum fregit? Wherefore (or why) did he break the close and house ? QuARE clausum fregit ? Wherefore (or why) did he break the close ? QuARE clausum fregit et blada asportavit ? Where- fore (or why) did he break (or enter) the field, and carry away the herbage ? QuARE clausum suum fregit, et centum cuniculos suos tunc et ibidem inventos venatus fuit, occidit, cepit, et asportavit? Wherefore (or why) did he break his close, and hunt, kill, and carry away one hundred of his rabbits, then and there found ? QuARE clausum quasrentis fregit? Wherefore (or why) did he break the plaintiff's close ? QuARE domum fregit? Wherefore (or why) did he break the house ? QuARE domum ipsius A. apud W. (in qua idem A. qui- dam H. Scotum, per ipsum A. in guerra captam tanquam captivum suum, quousque sibi de centum libris, per quas idem H. redemptionem suam cum prasfato A. pro vita sua salvanda fecerat satisfactum foret detinere), fregit, et ipsum jE! cepit, et abduxit, vel quo voluit abire permissit, &c. ? Wherefore (or why) did he break the house of him A. at W. (in which the said A. kept H., a certain Scotch- man, whom A. had taken as his prisoner of war, until one hundred pounds should be paid him by the said H., in redemption to the said A. for saving his life), and he took the said H. and led him away, or permitted him to depart where he pleased? Vide note. QuAEE ducentos cuniculos suos pretii cepit, &c.? ■ LAW GLOSSARY. 419 "Wherefore (or why) did he take two hundred rabbits of his, of the value, &c. ? QuARE ejecit infra terminum ? Wherefore (or why) did he eject within the term ? QuARE impedit ? " "Wherefore (or why) did he hin- der, or disturb?" The name of a writ, which lies for many purposes. QuARE impedit infra semestre ? Wherefore (or why) did he disturb within half a year ? QuARE incumbravit? Wherefore (or why) has he incumbered ? QuARE non admisit ? ^Why does he not admit ? QuAEENTEKA. Quarantine : also a furlong, or forty perches. QuARE obstruxit ? Why has he obstructed ? QuARE vi et armis ? Wherefore (or why) with force and arms ? QuARE vi et armis clausum ipsus A. apud B. fregit, et blada ipsius A. ad valentiam centum solidorum ibidem nuper crescentia, cum quibusdam averiis depastus fuit, conculcavit, et consumpsit, &c. ? Wherefore (or why) with force and arms did he break into the close of the said A. at B., and with certain cattle which he depastured, trod down and consumed the grass (or herbage) of the said A. lately growing there, to the value of one hundred shil- lings, &c. ? QuARTALis. A quart. Quarto die post. On the fourth day afterwards. Quasi agnum committere lupo ad devorandum. " Like putting the lamb with the wolf to be devoured." When a wardship was given to the heir of the infant, which was formerly the case, this expression was used to mark the impropriety of the custom; and the ancient Bomans entertained the same opinion. Vide Hor. Sat. ii. 5 ; ■Juv. Sat. vi. 88. Quasi contractus. ^As though by way of agreement. 420 LAW GLOSSAET. Quasi designata persona. As if the person had been (specially) described. Quasi ex contractu. ^In nature of a contract. Quasi ex delicto. As an offence or crime. Quasi inchoatum. As though it were already begun, (or imperfect.) Quasi in custodia legis. As though (he were) in the custody of the law. QuATENUS sine prejudicio indulgenter fieri potest. — — That it ought so far to be done graciously tod without prejudice. QuATUOB pedibus. " On all fours ;" i. e., perfectly agreeing together: frequently used when a case quoted meets the very point in argument. . Que estate. Whose (or which) estate. QuELQUE chose que tous demandex aux lois BoTnaines, eUes vous en foumissent la response. "Whatever thing you seek after in the Roman laws, they will furnish you with an answer. QuEMADMODUM theatrum, cum commune sit, rect^ tamen dici potest, ejus esse cum locum quern quisque occupavit. Likea theatre, which, although it is public, still it may be correctly said that the place which each person has oc- cupied is his 07m. QUEM magis utilem de duobus inteUexerit. ^Whom he may have considered the more useful of the two. Que pent achetur ou vendre. ^Who may either buy or Bell. QuEBENS. A plaintiff. QUERULA inof&ciosi testamenti. These words mean a complaint against a testamentary disposition which dis- inherited the heirs. Vide note to " Inofficwsum testamm- ium." ■QUEBULATUS autem postea tenetur respondere, et habebit, licentiam consulendi, si requirat; habito autem oonsilio, debet feetum negare quo accusatus est. ^For the plain- LAW GLOSSARY. 421 tiff is often bound to reply, and he shall have an impax' lance, if he request it ; but having obtained time to plead, he should deny the fact with which he is accused. QuESTUS est nobis. Hath complained to us. QtTLi caret forma. ^Because it is defective in form. Quia delegatus non potest delegare. ^Because one who is elected (a deputy) cannot depute. Quia dominus remisit curiam. ^Because the lord hath adjourned the court. Quia dom' rem' cur'. Vide last extract. Quia duplex est, et caret forma. " Because it is double (or ambiguous) and informal." Often formerly applied to a plea filed for delay. Quia emptores terrarum. " Because the purchasers of lands." An ancient statute so called. Quia emptores terrarum de feoffatoribus et hseredibus suis, et non de capitalibus dominis feodorum. Because the purchasers of lands (who bought) from feoffors and their heirs, and not from the chief lords of the fee. Quia eronice emanavit. Because it issued erro- neously.- Quia fortis est legis operatio. Because the operation of the law is powerful. Quia id commune est, nostrum esse dicitur. ^Because that which is common (to all), is said to be our own. Quia impedit? " "Whydoes he disturb (or impede) ?" The name of a writ which lies for the patron of a living against the person who has disturbed his right of presenta- tion. Quia improvide emanavit. ^Because it issued impru- dently. Quia interest reipublicse, ut sit finis litium. ^Because it concerns the repubhc that there should be an end of litigation. Quia juris civihs studiosos decet baud imperitos esse juris mimicipalis; et differentias exteri, patriique, juris 422 LAW GLOSSARY. notas habere. Because it is indecorous that the studenta of the civil law should be unskilful in the municipal law ; and they should also understand the difference between foreign laws and those of their own country. Qui alienum fundum ingreditur, potest, ^ domino, si is praeviderit, prohiberi ne ingrediatur.' He who is enter- ing upon another's estate, may be prohibited by the owner, if he has foreseen his purpose. Qui alienum fundum ingreditur, venandi, aut aucupandi gratis;, potest k domino prohiberi ne ingrediatur. He who is entering upon another's estate for the purpose of hunting or fowling, may be prevented by the owner. Quia non refert an quis intentionem suam declaret ver- bis, an rebus, vel factis. Because it is immaterial whether he shows his intention by language, things or deeds. Quia non sua culpa, sed parentum, id commisisse cog- noscitur. Because it is known that she did it not by her own fault, but that of her parents. Quia particeps criminis. ^Because he is a partaker of the crime. Quia placitum, &c., materiaque in eodum contenta, mi- nus sufficiens in lege existet, &c. : unde pro defectu suf&ci- entis placitse, &c., petit judicium, &c. Because the plea, &c., and the matter therein contained, are insufficient in law, &c., and therefore, for want of a sufficient plea, &c., he prays judgment, &c. Quia quicunque aliquid statuerit, parte inaudita alterS, sequum licet statuerit, baud sequus fuerit. Because who- ever shall adjudge a case, either of the parties being un- heard, although he may determine correctly, yet he is by no means an impartial judge. Quia res cum onere transit ad quemcunque, &c. Be- cause the estate with its charge passes to whomsoever, &o. Qui arma gerit. Who bears (a coat) of arms. Quia toUit atque eximit causam e curia Baronum. 1 LAW GLOSSAEY. 423 Because it removes and discharges the action from tlio Barons' court. Qui bene interrogat, bene docet. He wlio interrogates ■well, teaches well. QtJiBUS scriptis plenam fidem adhiberi volumus. To which writings we are willing to give full credit. QuiBUS lectis et auditis. Which being read and heard. QuiBUS major reverentia et securitas debeter, ut templa, et judicia, quae sanctse habebuntur ; arces et aula Eegis ; de- nique, locus quilibit prsesente, aut adventante Eege. As temples and courts of justice are places in which the greatest reverence and security should be observed, are ac- counted sacred ; so are the palaces and courts of the King ; lastly, every place in which the King is present, or to which he is coming. Qui cadere possit in virum constantem, non timidum et meticulosum. Which (fear) might fall on a resolute man ; not on one who is timid and cowardly. Qui contra formam humani generis converso more pro- creatur, ut si mulier monstrosum vel prodigiosum enixa sit, inter liberos non computenter. Partus tamen, cui na- tura aliquantulum addiderit, vel diminuerit ; ut si sex, vel tantum quatuor digitos habuerit, bene debet inter liberos connumeratus ; et si membra sint inutilia aut tortuosa, non tamen est partus monstrosus. An offepring procreated in an unnatural manner, different in shape from the human race ; as if a woman produce a monstrous or unnatural (creature), it is not reckoned as one of the children. But a child to whom nature has added a little, or deprived of something (natural) ; as if it has six, or only four fingers, it is certainly accounted as one of the children ; and, al- though the limbs are useless, or crooked, yet the offspring is not unnatural. QuiCQUiD autem ceperis, eousque tuum esse inteUigitur, donee tua custodia cberoetur ; cum vero tuam evaserit cus- 424 LAW GLOSSARY. todiam, et in libertatem naturalem esse reciperit, tuum esse desinet, et rursus occnpantis fit. ^But whatsoever you capture is consequently understood to be yours, while it is retained in your possession ; but when it shall have es- caped from thence, and regained its natural liberty, it ceases to be yours, and again becomes the property of the (next) captor. QuiOQUiD per sersum acquiritur id domino acquiritur. ^Whatever is obtained by the slave belongs to the lord (or master). Vide note. QuiCQUiD solvitur, solvetur secundum modum solventis. Whatever is paid, let it be discharged agreeably to the (general) mpde of payment. Qui cum aliter tueri se non possunt, damni culpam dede- rint, inoxii sunt. They are guiltless of homicide, who cannot otherwise defend themselves. QuiOTJNQUE hospiti venienti lectum aut focum negaverit, trium solidorum in latione. Whoever shall deny h traveller a bed or a fire, shall be fined three shillings. Vide note to " Si quis homini." " Quid adhuc desideramus testimonium? Ecus est mor- tis." " Why should we desire further evidence ? He deserves to die." These were the Chancellor's words on the trial of Sir Thomas More. QuiDDAM honorarium. A certain honorary fee. Quid emptionem, venditionemque recipit, etiam pignara- tionem recipere potest. Whatever a person has bought or sold, that he inay also take by way of a pledge. Qui de nece virorum illustrium, qui consiliis et consis- torio nostro intersunt, senatorum etiam, (nam et ipsi pars Corporis nostri sunt,) vel cujus libet prostremo qui militat nobiscum, cogitaverit ; (eadem enim severitate voluntatem- sceleris, qua effectum, puniri jura voluerint), ipse quidem, ut pote majestatis reus, gladio seriatur, bonis ejus omnibus fisco nostro addictis. He who shall have devised the death of the illustrioiis men, who are present at our coun- LAW GLOSSARY. 425 cils and assembly, also of our senators (for they are part of ourself ), or lastly, of any other person who fights for us, (for the laws will punish with the same severity the disposition to crime, as if it were committed ;) the same person shall be devoted to the sword as guilty of high treason, and all his goods confiscated to our treasury. Quid enim sanctius, quod omni religione munitius, quam domus uniuscujusque civium ? For what is more sacred, more defended by every religious obligation, than the house of each of the citizens ? Qui destruit medium, destruit finem. He who destroys the means, destroys the end. Quid juris clamat. '* Which he claims of right." The name of an ancient form of action. QuiDQUiD multis pecatur inultum est. " The crime which is committed by the multitude (or mob) must pass with impunity."' ^In every government it is sometimes politic, if criminals are very numerous, to grant a pardon. Quid si in ejusmodi cera centum sigUla hoc annulo im- pressero ? " Suppose I shall have put on this kind of wax one hundred impressions with my ring ?" It was cus- tomary anciently to seal with impressions set in rings. There are many grants now extant devoid of any subscrip- tion by the grantors. Yide note. Quid sit in misericordia. That he be in mercy. Quid tibi fieri non vis, alteri ne feceris. Do not to another what you would not wish he should do to your- self. QuiETA non movere. Not to disturb things at rest (or decided cases). QuiETi Eeditus. " Quit Eents ;" payable out of lands, generally to the superior lord of the fee, where the tenant ^oesfree of all other services. QuiETUM clamavi, remisi, relaxavi, &o. "I have quitted claim, remised, released," &o. These were words used formerly in deeds of releases of lands. 426 LATV GLOSSAEY. QuiETTJS, recipit; et quasrens est in misericordia pro falso clamore. Being satisfied, he obtains (an acquittal ;) and the plaintiff is in mercy for his unjust complaint — ^i. e, he is liable to fine or imprisonment, &c. Qui ex damnato coitu nascuntur, inter liberos non com- putantur. Those who are born from an illicit connec- tion, are not reckoned among the children. Qui facit per alium, facit per se. He who acts for another, does it himself. Qui guadet lucidis intervallis. Who is happy in his lucid intervals. Qui hseret in litera, hseret in cortice. Commonly translated, "He who sticks to the letter, sticks to the bark ;" but it implies more properly one who stops or goes no further than the letter of an' instrument, to the neglect of its intention or meaning. Qui illi de temporalibus ; episcopo de spiritualibus de- beat respondere. Who ought to answer to him in tem- poral, and to the Bishop in spiritual concerns. Qui improbe coeunt in alienam litem ut quicquid ex con- demnatione in rem ipsius redactum fuerit inter eos com- municaretur, lege Julia, de vi privata tenentur. Those who dishonestly join in another's suit, that whatsoeyer be obtained from the judgment should be divided between them, such agreements are considered by the Julian law of no effect. Yide note to " Gampi Partitio." Qui inquisitionem petit de vita vel membris. ^Who seeks (or holds) an inquest of life or limb. Qui in utero sunt, in jure civili intelliguntur in rerum natura esse cum de eorum commodo agatur. In the na- ture of things, those who are in the womb are understood, by the civil law, to be in existence when a thing is done for their benefit. • Qui ire poterant quo volebant. Who may have pow- er to go where they please. Qui jussu judicis aliquod fecerit, non videtur dolo malo LAW GLOSSARY. 427 fecisse, quia parere necesse est. He who shall have per- formed anything, by 6rder of a Judge, dbes not appear to have acted with any bad intention, as it was necessary to obey (his order). QuiLiBET homo dignus venatione sua in sylva et in agris sibi propriis, et in dominio suo. Every man has a right to hunt in his own wood and fields, and in his own de- mesne. QuiLiBET totum tenet et nihil tenet ; scilicet, totum in communi, et nihil separatim per se. Every one holds all, and holds nothing ; viz., he holds all in common, and no- thing by himself, separately. " QUINETIAM lex Poenaque lata, malo qua noUet carmine quenquam Describi. Vertere modum formidine fustis." " Moreover, it is an extensive law and punishment which will not permit a person to be descril;ied in doggerel verse. To change the style for fear of a club." Horace here wittily alludes to the Boman law for the punishment of libel. QuiNDENA. The fifteenth day after a festival. Qui nolunt inter se contendere, solent per mentium rem emere in commune ; quod a"societate longum remotum. Those who have not desired to manage business for themselves, are accustomed mutually to purchase a thing ' in common ; which is very different from a copartnership. Qui non habet in crumena, luat in corpore. He who has nothing in his purse, must suffer in his person. QuiNQUE portus. The Cinque Ports. QuDSTTO exactus. The fifth exaction. Qui principi placuit, legis habet rigorem. He who has pleased the Emperor, has the power of the law. Qui prior est tempore, potior est jure. He who is first in (point of) time, is the stronger in the law. Qui pro Domino Eege quam pro se ipso sequitur. Who sues as well for the King, as for himself. Qui scit se decipi, non decipiatur. •" He who knows 428 LAW GLOSSARY. he is deceived, is not deceived." A remark frequently made where a person purchases an article knowing its defects. Qui sentit commodum, sentire debet et onus. He ought to bear the burden who would derive the advantage. Qui sequitur tam pro pauperibus, quam pro se ipso. Who sues as well for the poor, as for himself. QuiSQUis potest renunciare juri suo per se introducto ? Who can protest against his own law brought in by himself? Qui statuit aliquid, parte inauditS altera, sequum licet statuerit, haud £equus fuit. He who has decided any matter without having heard both sides of the question, although he shall have determined impartially, it was unfair. Qui tacet consentire videtur. " He who is silent appears to consent:" or, as the old adage observes, "Silence gives consent." Qui tam pro domino Eege, quam pro se ipso in hao parte sequitur. " Who sues as well for the King, as for himself in this matter." This is an extract from an ancient declaration, where an informer sued for a penalty, part of which would belong to the King, and part to the plaintiff. Qui toUit atque eximit causam 6 curia Baronum. Because it removes and discharges the cause from the Barons' Court. Qui vi rapuit, fur improbior esse videtur. He who robs by violence, appears to be the greater thief Q'UN un'q' prist meason des enemies quel avoit prise devant d'un' Englishe, que il averoit come ceo chose gaigne en batel, &c. Et nemy le Eoy ne 1' Admiral, ne le partie a qui le propertie fuit devant, &c., pur ceo q' le partie ne vient freshment, mesme le jour q' il fuit prise de luy, et ante occasum soils, et claime ceo. Spoil which any one takes from the enemy, and which had before been taken from the English, let him have as anything gainer^ in battle, LAW GLOSSARY. 429 &c. And neither the King, nor the Admiral, nor the party to whom the property before belonged, nor he "who possessed it on the very day that it was takqn from him, and before sunset, may lay claim to it. Quoad hoc casus omissus. As to this, it is an omit- ted case. Quoad scriptionem et coUectionem libellorum in indicta- mento nominat' tantum, quod defendens est culpabihs ; et quoad totum residuum ia eodem indictamento content' quod defendens non est inde culpabihs. That as respects the writing and collectiug the libels named in the indict- ment, the defendant is guilty ; but as to the entire residue contained in the same indictment, the defendant is not guilty. Quoad vinculum. ^Whilst the bond (continued.) Quo animo? With what intent? QuocuNQUE modo volit ; quocunque modo possit. In what manner he would ; in what manner he could. Quod ab sedibus non facile revelhtur. ^Which cannot be easily torn from the house. Quod ab initio non valet, tractu temp oris convalesoere non potest. That which had no force in the beginning, cannot acquire strength by the lapse of time. Quod ab initio vitiosum est, tractu temporis non conva- lescit. ^What is illegal in the beginning, will obtain no vahdity by the length of its duration. Quod accedas ad curiam. That you go to the court. Quod actionem xilterius maiatineri non debet. That he ought not ftirther to maintain the suit. Quod adest consulito. Consult the present good. Quod ad hostes attinet, cum iis omne cessare solet com- mercium, nee fieri profecto potest : at cum ilhs negotiemur quibus cum bellum gerimus ; quum nee illis ad uos, neo nobis ad illos tutus accesus sit, et personis captivitas, rebus publids imminet, si in hostes deprehendantur. 'What belongs to the enemy, when all commerce with them baa 430 LAWtlLOSSARY. ceased, nor can with certainty be renewed : and when vre negotiate with those with whom we are at war; since there is no safe access from them to us, nor from us to them, and their persons and property are in danger of being captured, if they be discovered with the enemy. Quod adhuc detinet.^ ^Which he yet detains. Quod adhuc remittitur. Which he remits up to this time. Quod ad warrenam pertinet. " "Which belongs to a warren." A warren (or, as it is more commonly called, a free warren) is a right of sporting over other persons' lands ; but very few if any such warrens are supposed to be now in existence. Vide Black. Com. Quod a gleba amoveri non poterint, quamdiu solvere possunt debitas et pensiones. That they cannot be re- moved from the land, so long as they are able to pay their debts and fees (or duties). Quod A. injuste levavit tale nocumentum. That A. unjustly made such a nuisance. Quod alias bonum et justum est, si per vjm, aut fraudem, petatur, malum et injustum est. What otherwise is fair and honest, if sought for by violence or fraud, it then be- becomes wicked and illegal. Quod ante exhibitionem informationis, scilicet, termino Sancti Michaelis. That prior to presenting (or perhaps filing) the information to wit, in Michaelmas term. Quod breve cassetur. That the writ be quashed. Quod caperet /. Q. ad satisfaciendum. That he should take /. G. to make satisfaction. Quod capiatur. That he be taken. Quod cepit corpus prasdicti I. S. cujus corpus A. B. (ballivus) coram justiciariis domini regis, ad diem et locum infra contentum paratum habebit. That he took the body of the said I. S., which A. B. (the bailiff) will have ready before the King's justices, at the day and place within contained. LAW GLOSSARY. 431 QtTOD cepit damas suas ad valentiam tantum, &c. That he took his deer to the value of so much, &c. Quod cepit et asportavit. Which he took and carried away. Quod certa res in judicium possit deduci. That a cer- tain affair may be brought under consideration (or judg- ment). Quod clerici scribunt judicia correcte. That the clerks transcribe the judgments correctly. Vide note. Quod cognitio causae captionis et detentionis praadicti Jo- hannis Paly non pertinet ad curiam diets dominse reginse coram ipsa regina, ideo idem Johannis remittitur. Be- cause the question as to the cause of the caption and deten- tion of the said John Paty, does not belong to the court of our said Lady, the Queen, before the Queen herself, there- fore the said John is discharged. Quod computet. That he account. Quod constat curite, opere testium non indiget. What appears to the court, needs not the aid of witnesses. Quod conditio indebiti non datur ultra quam locupletior factus est qui accepit. That the situation of the debtor is in no wise different, except that it has made the person richer, who has received it ; (meaning the receipt of the article for which he stands indebted.) Quod convictus est, et forisfaciat. That he is con- victed, and outlawed. Quod corpus prsedicti A., si Laicus sit, capias, et in pri- sona nostra salvo custodiri facias quosque de prsedioto de- bito satisfecerit. " That you take the body of the said A., if he be layman, and him in our prison safely keep, until he satisfy the said debt." Words used in a writ sued out upon a forfeited recognizance. Quod corrupte aggreatum fuit. Which was corruptly agreed. Quod cum defendens apud London, &c., per scriptum, &c., concessit se teneri. That whereas the defendant, at 432 LAW GLOSSAET. London, &c., by (his) •writing, &c., acknowledged himself to be bound. Quod cum per consuetudinem totius regni Anglioe, hac- tenus usitatam et approbatam, uxores debent, et solent, a tempore, &c., habere suam rationabilem partem bonorum maritorum suorum ; ita videlicet, c[uod si nullos habuerint liberos, tunc mediatatem, et si habuerint, tunc tertiam par- tem, &c. That whereas by the custom of the whole kingdom of England, hitherto used and approved, wives ought, and are accustomed from time, &c., to possess a rea- sonable part of their husbands' effects ; in this manner, that if they have no children, they take half; and if they have children, then a third part. Quod cur' concessit. "Which the court agreed to. Quod custos sustenet parcos, vivaria, &c. That the keeper preserve the parks, fish-ponds, &c. Quod de csetero liceat unicuique libero homini terras suas, seu tenementa sen partem, inde ad voluntatem suam vendere ; ita tamen quod Feoffatus teneat terram seu ten- ementum iUud de capital! domino feodi Ulius, ferendum servitia et consuetudines per quae Feoffator suus iUa prius de eo tenuit. Que estate fuit fait (as saith one) pur I'ad- vantage d'Seigneur. That from henceforth it be lawful for every freeman to sell his lands or tenements, or part thereof, in what way he please ;_ so that the Feoffee hold the same of the chief lord of the fee, to perform the ser- vices and customs by which his Feoffor held the same of him (the lord) prior to that time : which tenure was made (says one) for the advantage of the chief lord (of the. fee). Quod defendat se duodecima manu. That he defend himself by twelve compurgators. Vide note to " Oompur- gatores." Quod defendens capiatur pro fine. That the defend- ant be arrested for a fine. Quod defendens eat sine die. That the defendant be discharged. LAW GLOSSARY. 43SI QtTOB defendens sit in misericordia, &c. " That the defendant be in mercy," &c., i. e. subject to fine, imprison- ment, &c. Quod de quo, vel de quibus, tenementa preedicta tenen- tur, juratores praedicti ignorant! Because the jurors know not from, or by whom the said tenements are held. Quod detinuit. ^Which he (or she) detains. Quod distributio rerum quse in testamento relinquntur, autoritate ecclesise fiet. That the distribution of the ef- fects which are left in a will be made by the authority of the church. Quod dolosus rersatur in generaUbus. That a deceit- ful person is skilled in general matters. Quod dotat eam de tali manerio cum pertinentiis, &c. That he endow her of such a manor with the appur- tenances, &c. QuoDDUii scriptum Anglice. A certain writing in English. QuoD durum videbatur circumstantibjis. "Which ap- peared severe to the bystanders. QuoD eat consultatio. That the consultation should proceed. Quod ei deforceat. These words, joined with some others, mean that he restore the possession " which he has unjustly taken." Quod eligitis et juratis majorem, &c., secundum auctori tatem vestram. That you elect and swear the mayor, &c., agreeably to your authority. Quod elegit sibi executionem fieri de omnibus catallis et medietate terrae. That he chose to have execution of all the chattels, and a moiety of the land. Quod enim jus habet fiscus in aliena calamitate, ut de re tam luctosa compendium sectetur ? For what right has the treasury, in another person's adversity, to derive ad- vantage from such a distressing occurrence ? 28 434 LAW GLOSSARY. Quod enim si quod fuit in agro pretiosissimum, Hoe evictum est, aut quod fuit in agro viliocissimum sestimaMle loci qualitas, et sic est ingressus. Therefore if any very valuable thing, or even of no value at all, was in the field, this is proved, and (thus) its quality and the entry to the same may be ascertained. Quod Episcopus vel Archdiaconus placita in hundred© non teneat. That neither the Bishop nor the Arch- deacon may hold pleas in the Hundred (Court). Quod est inconveniens et contra rationem, non est per- missum in lege. That which is incongruous and contrary to reason is not allowed in the law. Quod faciat tenementum. That he should raise up (or build) the edifice. Quod faciat tenementum reseisiri de cataUis. That he cause the tenement to be dispossessed of the goods. Quod fato contingit, cuivis diligentissimo possit contin- gere. That which is accidental may happen to the most careful person. Quod fato contingit, et cuivis paterfamihse, quamvis dili- gentissimo, possit contingere. That which occurs by accident, and may happen to any father of a family, how- ever careful he may be. Quod fieri faciat de bonis. That he cause to be made of the goods. Quod fieri non debet, factum valet. Which ought not to be done, yet being done, is ef&cacious. Quod firmarius non erit onerabilis et taxabilis ad ratas pauperum pro peculiis ; et quod artifex est onerabilis et taxabilis pro peculiis in arte. That a farmer shall not be chargeable and taxable to the poor's rates for his stock ; but that the artificer (or tradesman) be chargeable and tax- able for his stock in trade. Quod fuit concessum. Which was agreed. Quop fuit concessum per cur'. Which the court con- sented to. LAW GLOSSARY. 436 Quod fuit concessum per plusienrs. Whicli wafl agreed to by many persons. Quod fuit negatum. Which was denied. Quod habeant et teneant se semper in armis et equis, ut decet et oportet : et quod semper sint prompti et parati ad servitium suam integrum nobis explendum et peragendum, cum opus adfuerit, secundum quod debent de feodis, et tenementis suis, de jure nobis facers. That they keep and continue themselves always (equipped) with arms and horses, as it becomes and belongs to them ; and that they be always ready to fulfil and perform to us their entire service, whenever oocasion requires, according as they ought by law to do for us on account of their fees and tenures. Vids note. Quod habeat executionem. That he may have ex- ecution. ' Quod habetur tale recordum. That such a record may be had. Quod ibi semper debet triatio, ubi juratores meliorem possunt habere notitiam. That there should always be a (new) trial, where the jury may obtain a better knowl- edge (of the facts). Quod impedit decies tantum. That he disturbed ten times only. Quod in disjunct! vis sufficit alteram partem esse veram. Which being in the disjunctive, it is (still) sufficient (if) the other part be true. Quod initio non valet, tractu temporis non convalescet. That which is unlawful in the beginning will acquire no validity by the lapse of time. Quod in majore non valet, nee valet in minore. That which does not avail in the greater, does not in the Quod ipse, et h^redes sui, habeant liberam warrenam m omnibus dominicis sui in K. in Com' B. dum tamen f»rs9 illse non sint infra metas forrestffl nostras, ita quod nullua 436 LAW GLOSSARY. intret terras illas ad fugandam in eis, vel aliquod capienfl' quod ad warrenam pertinet. That he and his heira have free warren in all his demesnes in K in the county of B. only while those wild animals are not within the bounds of our forest ; so that he enter not into any of those lands to hunt over theni, or take anything which belongs to (free) warren. Quod ipsi, omiiesque homines ejusdem facultatis. That these and all other persons of the like profession. Quod jus cogit, id voluntate impetrato. What the law insists upon, allow yoluntarily. Quod juste et sine dilatione habere faciat tale rationabile auxilium de' militibus libere tenentis suis in bailiva sua, " That justly and without delay he cause to be taken (or levied) such a reasonable aid from Knights, who hold lands in free tenure in his bailiwick." This was part of the precept to the sheriff directing him to raise money for the use of the chief lords of the fee. Quod legis constructio non facit injuriam. That the construction of law worketh no injury. Quod libera sit cujuscunque ultima voluntas. That every person's last wHl be uncontrolled. Quod liber traditur defendenti per ordinar' ; sed non al- locat'. For which purpose the book is given to the de- fendant by the ordinary ; but he is not spoken to. Quod licete barganizavit. Which he lawfully agreed for. Quod licitum sit donatori rem datum dare vel vendere cui voluerit, exceptis viris religiosis. ^That it be lawful for the donor to give (or devise) the estate which had been given him, or to sell it to whom he pleased, except to men in holy orders (or to those holding religious houses, as monasteries, &c). Quod literatura non facit clericum, nisi habet sacram tonsuram. That learniag does not make a clergyman, unless he obtain the sacred tonsure. LAW GLOSSAEY. 437 Quod mandavit ballivo de Z>., qui respondit quod cepit corpus. That lie had commanded the bailiff of D., who returned that he had taken the body. Quod manum suorom amoverunt omnino. That they totally relinquish the possession. Quod manus domini regis amoveantur, et possessio resti- tuatur petenti, salvo jure domini regis. That the King's hands may be removed, and the possession restored to the petitioner, saving the King's right. Quod moderate castigavit. That he moderately chas- tised. Quod naturalis ratio inter omnes homines constituit, vo- catur jus gentium. That natural reason which is estab- lished among all men, is called the law of nations. Quod nemo allegans suam turpitudinem audiendus. That no person, admitting his own depravity, should be (allowed to be) heard. Quod nemo ejusdem tenementi simul potest hseres, et dominus. That no one can be the heir and lord of such tenement at the same time. Quod nil capiat per breve. That he take nothing by the writ. , Quod nocumentum amoveatur. That the nuisance may be abated. " Quod nolunt leges Anglice mutare, qu» hue usitataa sunt et approbatse." " Because they are unwilling to* change the laws of England, which hitherto have been used and approved." The language of the ancient English Barons. Quod non apparet, non est. " That which does not appear, has no existence ;" i. e. facts which do not appear in evidence ought not to be taken into consideration. Quod non corrupte aggreatum fuit. Which was not corruptly agreed upon. Quod non est factum suum. ^Which is not his deed. Quod non est justum aliquem post mortem fiiisse bastard- 438 LAW GLOSSARY. um. That it is not right that any one after death (be deemed) to have been illegitimate. Qttod non fuerunt debito modo electi. That they •vrere not elected in a legal manner. Quod non fuit electus. That he was not chosen. Quod non habuit. "Which he has not held (or occu- pied). Quod non habuit nee tenuit firmam contra formam sta- tuti. That he has not held or occupied the est,ate against the form of the statute. Quod non omittas propter, &c. That you do not omit on account of, &c. Quod non omitteret propter libertatem talem, quia, &o. That he should not omit by reason of such liberty (or privilege), because, &c. Quod non solvit secundum formam et effectum condi- tionis. Which he has not paid according to the manner and effect of the condition. Quod nullius est, id ratione naturali occupanti concedi- tux. What is the property of nO one, that, by natural reason, belongs to the occupier. Quod nullius est fit occupantis. That which is no one's property, belongs to the person who has possession of it. Quod nullus episcopus vel infra impositus die Dominico causas adjudicare praasumat. That no bishop or any under him presume to adjudge causes on the Lord's day. Vide note to "2>ies Dominicus," &c. Quod nuUus justiciarius vel minister regis insulam illam ingredi potest ad aliquam jurat', extra, &c. That no justice or minister of the Ejng can enter the island to make oath to anythiag, besides, &c. Quod olsstruxit, et obstipavit. That he obstructed, and hindered. Quod of&ciarius et assistentes sui, &c., consueverunt capere ex quolibet modio grani, per aliquam personam, in LAW GLOSSART. 439 burgo prsedicto venditi, vel vendendi induct' vicessimam partem cujus libet modii. That the officer and his assistants, &c., have been accustomed, by some person, to take from every measure of grain sold, or brought to be sold, in the said borough, the twentieth part thereof. Quod omnes justiciarii concesserant quad hoc. That, as to this, all the Judges had agreed. Quod ordinarii, hujusmodi bona nomine ecclesise occu- pantes, nullam (vel saltem) indebitam faciunt distribu- tionem. That the ordinaries, taking possession of effects of this kind, in name of the church, do not make any (or at least) due distribution. Vide note. Quod partes finis nihil habuerint, et de hoc ponit se super patriam, &c. That the parties to the fine had no interest (in the land), and of this he puts himself upon the country, &c. Quod partes replacitent. That the parties replead. Quod partitio fiat. That a division be made. Quod partitio sit firma et stabilis. That the division may be firm and sure. Quod permittat habere rationabiles divisas. That he permit (him or her) to possess reasonable shares. Quod permittat prostemare. That he give leave to demolish. Quod placita de catallis, debitis, &c., quae summam quadraginta solidorum attingunt, vel eam excedunt, secun- dum legem et consuetudinem Anglice, sine brevi regis placitari non debent. That pleas of goods, debts, &o., which amount to forty shillings, or more, according to the law and custom of England, ought not to be sued for with- out the King's writ. Quod pcenam imprisonamenti subire non potest. That he cannot undergo the punishment of confinement. Quod populus postremmn jussit, id jus ratum esto. Let that be considered the law which the people last de- creed. 440 LAW GLOSSABY. QtJOD prsedictse literse patentes Domini Eegis revocen- tur, adnuUentur, et vacuse et invalidise pro nullo penittis liabeantur et teneantur ; ac etiam quod rotulamentum eorun- dem cancelletur, cassetur et adnihiletur. That tlie said letters patent of tlie King be revoked, made void, invali- dated and of no effect, and be beld and thoroughly accounted of no utility; and that the same roll be can- celled, avoided and destroyed. Quod prsed' quer' solvent prsed' def ' prsed' £300. That the said plaintiff shall pay the said defendant the said £300. Quod pregnantis mulieris damnatse poena differatur, quoad pariat. That the punishment of a condemned pregnant woman be deferred until she be delivered. Quod principi placuit legis habet vigorem, cum populus ei, et in eum, omne suum imperium et potestatem conferat. That which has received the Emperor's consent pos- sesses the force of law, because the people yield up to and for him, all authority and power. Quod pubhca sunt omnia fluvia et portus ; ideoque jus piscandi omnibus commune est in portu, et in fluminibus. Eiparum etiam nusus publicus jure gentium, sicut ipsius fluminis.. That all rivers and ports are public ; there- fore the right of fishing in ports and in rivers is common to all. So, also, by the law of nations, the public use of streams is similar to that of the river. Quod qu^rens action' non. That the plaintiff has no (cause of) action. Quod quserens nU capiat per biUam. That the plain- tiff take nothing by his biU. Quod quandoque majus, quandoque minus cassetur. That when the principal (is extinct) the accessory also ceases. Quod recapiat omnes prisonar' qui fecerunt escap' a prison' Mar', et non legitime exonerenter a prisona prsed', et ducat eos in prisonam prsedict'. That he retake all LAW GLOSSABY. ^ 441 prisoners who laave escaped from the prison of the Mar- shalsea, and who could not be legally discharged fi'om the said prison, and conduct them into the prison aforesaid. Quod recuperet debitum cum damnis. That he re- cover his debt with damages (or costs). Quod recuperet dotem suam. That she recover her dower. Quod recuperet terminum suum. — ■ — That he recover his term. Quod redeat inde quietus in perpetuum ; et quaerens in misericordia. " That he depart thence forever dis- charged ; and the plaintiff be in mercy," i. e. subject to fine, imprisonment, &c. Quod relatur ad personam, intelligi debet de conditione personae. That which relates to a person, should be un- derstood of his rank (or condition). Quod respondeat ouster. That he answer over (or again). Quod JR. S. dedit J. B. et M. uxori ejus, et haeredibus de coipore ipsius M. procederent, &c. Which H. S. gave to tT. i?., and M. his wife, and the heirs of the body of the same M. Quod sibi erit fidelis, ad ultimum diem vit^, contra om- nem hominem (excepto rege) et quod credentiam sibi com- missum non manifestabit. That he shall be faithful to him to the last day of his hfe, against every man, (the King excepted,) and that he shall not divulge the trust (or confi- dence) committed to his charge. Quod sit in misericordia. " That he be in mercy," i. e. subject to fine, imprisonment, &c. Quod stet prohibitio. ^That the prohibition may stand. QuoD'talem eligi faciat, qui melius et sciat et velit, et possit, officio iUo intendere. That he cause such a per- son to be elected, who more fully understands, and is will- ing and able to perform that duty. 442 LAW GLOSSARY. Quod taliter proceSsum fuit, &c. That there was suci. a process, &c. Quod tenementum faciat esse in pace. That he cause the tenement (or holding) to remain unmolested. Quod tenementum faciat reseisire de catallis. That he cause the tenement to be dispossessed of the goods. Quod terrse et tenementa de tenura de Gavelkind de tem- pore, &o., inter hseredes masculos partabilia, et partita fue- runt. Because the lands and tenements of Gavelkind tenure, from the time, &c., were divided and shared among the male heirs. Quod ultima voluntas esset libera. That the last wUl be uncontrolled. Quod vendidi, non aliter fit accipientis quam si aut pre- tium nobis solutum sit, aut satis eo nomine datum; vel etiam fidem habuerimus, sine uUa satisfactione. "What Phave sold does not become the property of the purchaser, except there be either a price paid to us, or sufficient given by way of payment ; or we obtain a promise (or perhaps a surety) ; or without some other satisfaction. Quod vero naturalis ratio inter omnes homines consti- tuit, id apud omnes gentes parque custoditur, vocaturque jus gentium, quasi quo jure omnes gentes utantux. But that which natural reason has established among men, and is alike observed among all people, is called the law of nations, as though all nations were conversant with such Quod vidua remanet duodecem menses in domo sua. That the widow remain twelve months in her house. Vide note. Quo jure. By what right ? Quo minus. The name given to a writ issuing from the Exchequer court. In this writ it is suggested that the plaintiff owes the King a debt, by which fiction he is con- sidered capable of suing in the court of Mxchequer. Yide " Scaccarium." LAW GLOSSARY. 443 Quo minus sufficiens existit. Whereby lie is tlie less able. QuoNiAM attachiamenta. The title of an old Scotch law book. QuoEUM unum esse volumus. " One of whom we de- sire to be present." A person is said to be of the " Qito rum," when the writ or Dedimus contains the following, or similar words ; " Quorum aliquem vestram A. B. G.D. &c., unum esse volumus." ' QuOT generationes numerantur, tot enumerantur gradua dempto stirpite. As many generations as there are counted, so many degrees are reckoned, taking them from the stock (or root). QuoTiES bella non ineunt, multum venando, plus per otium, transigunt. When wars do not interpose, they pass much (of their time) in hunting ; more in idleness. Vide note. QuoTiES dubia interpretatio libertatis, secundum liberta- tem respondendum est. As often as the interpretation of liberty be doubtful, let it be decided in its favor. QuoTiES in verbis nulla est ambiguatas, ibi nulla expo- sitio contra verba fienda est. Where there is no am- biguity in the words, there can be no interpretation made to the contrary. QtroTO gradu unusquisque eorum distat a stirpite, eodem distat inter se. In the same degree that each person ia distant from the stock, so far is each removed among themselves. QuoTUPLEX. Of how many kinds ? QiTOUSQUE debitum satisfactum fuerit. Until the debt be satisfied. Quo warranto. "By what authority?" The natne of a writ against a person who has usurped a jfranchise, or an office. QuuM bellum civitas aut illatum, defendit aut infert, magistratus qui ei bello prsesint deliguntur. When a 444 LAW GLOSSARY-. state defends or goes to war, the raagistrates who preside over it are chosen to command. QuuM duse inter se repugnantia reperiantur in testa- mento, ultima ratse est. When there are two repugnant (clauses) in a will, the last (clause) is established. [Sed. qu.] QuYKB.— ^Quick: living. NOTES TO Q. QcABRUPLATOE. — The rewards, proposed by the Roman laws to the in- former, were sometimes a fourth part of the criminal's goods ; and some- times only an eighth part, as Spurnheim assures us from Suetonius and Tacitus. QuANBO HASTA, &c. — The investiture of possession, during the middle ages, was generally, or perhaps invariably, performed upon the premises, by the delivery of a spear, bow, key, or some other thing, accompanied with such words, in the presence of witnesses, particularly designating the mode by which the donee or grantee was to possess the land. The transferring of houses and lands in England, even at present, is sometimes effected by Feoffment, where the vendor directs every person to remove from the house or land sold, and delivers the purchaser a key, twig, or tur^ whilst he remains on the premises sold ; and this mode of conveyancing has its peculiar benefit; for, in som£ cases, it has the same effect as a fine levied, to say nothing of its notoriety. The Jews anciently had a mode something similar. Vide Suth, o. vi. 1. QuAEE DOMUM, &0. — When wars between the barons were permitted to be carried on, with little or no restraint, there is no doubt considerable sums of money were frequently obtained for the ransom of prisoners of war. Nothing can more clearly show the turbulent and disgraceful state of society which existed in those days, almost through the whole of Europe. It appears that an action on the case lay against a person who released a prisoner from the custody of a private captor. What an inducement did such a state of society as this hold out for bringing into action the worst passions of human nature — cruelty and eovetousness I There is no custom in the middle ages more singular than that of private war. It was a right of so great importance, and prevailed so universally, that the regulations concerning it occupy a considerable place in the system of legislation during the middle ages. Among the ancient Germans, as well as other nations in a similar state of society, the right of avenging injuries was 3, private anipersonai right, exercised by force of arms, without any re- ference to an umpire, or any appeal to a magistrate for decision. This practice was established among the barbarous nations (after their settlement in the provinces of the empire, which they conquered) ; for as the causes of disunion among them multiplied, so their family feuds and private wars be- came more frequent. Proofs of this occur in their early historians, vide Greg, fwron. Hist. lii. vii. c. 2. lib. viii. c. 18. lib. x. c. 21 ; and likewise in the codes of then: laws. It was not only allowable for the relations to avenge the injuries of their femihes, but it was incumbent on them so to do. Thus, by the laws of the Angli and Wereni, " Ad quemcunque hcereditas LAW GLOSSARY. 445 terrcs pervene/rit, ad iUum veslis iellica, id est, lorica et uUio proximi, et solatia lam, debet pertinere." "Vide Leg. Longob. lib. ii. tit. 14, § 10. — i. e. " Such person to whom the inheritance of the land descends, to him also should belong the war robe ; that is, the avenging his nearfest relative, the coat of mail, and the comforting of the wounded." None but gentlemen, or persons of noble birth, had the right of waging private war. All disputes between the slaves, (villani,) the inhabitants of towns, and freemen of inferior condition, were decided in the courts of justice. The right of private war supposed nobility of birth, and equahty of rank in both the con- tending parties. Yide Beaumanoir Goustumes de Beauv. c. lix. p. 300. The dignified ecclesiastics likewise claimed and exercised the right of private war ; but as it was not altogether decent for them to prosecute quarrels in person, Advocati, or Yidames, were chosen by the several monas- teries and bishoprics. These were commonly men of high rank and reputa- tion, who became the protectors of churches and convents which they erected; espoused their quarrels, and fought their battles. Vide Brussel Usages Des Fiefs, torn. i. p. 144, and Dti Gange, Voc " Advooatius." On many occasions the martial ideas, to which ecclesiastics of noble birth were accustomed, made them forget the pacific spirit of their profession, and led them into the field in person, at the head of their vassals, " flamma, ferro, asde, possessiones Ecclesiarum prelaii defendebant." Vide Guido Abbas, ap. Du Gange, ib. p. 179. — i. e. " The prelates of churches defended their possess- ions with fire, sword, and slaughter." It was not every injury or trespass, that gave a gentleman a title to make war upon his adversary. Atrocious acts of violence, insults and affronts publicly committed, were legal and permitted motives for taking arms against the authors of them. Such crimes as are now punished capitally in civilized nations, at that time justified private hostilities. Vide Beauman. c. hx. Bu Gange Dissert, xxix. sur Joinville, p. 331. But though the avenging of flagrant injuries was the only motive that could lawfully authorize a private war, yet we find that disputes concerning civil property, (and frequently the most unbounded avarice,) often gave rise to hostUities, and were terminated by the sword. Vide Bu Gange Dissert, p. 332. All persons present when any quarrel arose, or any act of violence was committed, were included in the war which it occasioned ; for it was sup- posed impossible for any man in such a situation to remain neuter, vrithout taking side with one or the other of the contending parties. Vide Beauman. p. 300. AH the kindred of the two principals in the war were included in it, and were obUged to espouse the quarrel of the chieftain with whom they were connected. Vide Du Gange Dissert. 332. This was founded on the maxim of the ancient Germans, " suscipere tarn inimicitas, smpatris seupro- pinqui quam amiciiias necesse est," — i. e. " that it is as proper to avenge the wrongs of the father and kinsmen, as to have their friendship." A maxim, perhaps natural to all rude nations, among which the form of society and poHtical union strengthen such a sentiment. This obligation was enforced by legal authority. If a person refused to take part in the quarrel with his kinsman, and to aid him against his adversary, he was deemed to have re- nounced all the rights and privileges of kindredship, and became incapable of succeeding to any of his relations, or of deriving any benefit from any civil right of property belonging to them. Vide Du Gange Dissert. 333. The method of ascertaining the degree of affinity, which obliged a person to take a part in the quarrel of a kinsman, was curious. "While the church prohibited the marriage of persons within the seven degrees of affinity, the. vengeance of private war extended so far as this prohibition j and all who had such a remote connection with any of the principals were involved in the calamities of war. But when the church relaxed somewhat of its rigor, and did not extend its prohibition of marrying beyond the fim/rth degree of affinity, the same restriction took place in the conduct ol private v?ar. Vide LAW GLOSSARY. Beauman. 303. Da Gangs Dissert. 333 A private war could nat be carried on between two fyU brothers, because both have the same common kindred, and consequentiy neither had any persons Ityimd to stand by him against the other in the contest ; but two brothers of the half blood might wage war, be- cause each of them was said to have a distinct kindred. Vide Beauman. p. 299. The vassals of each principal, in any private war, were involved in the contest, because, by the feudal maxims, they were bound to take arms in the name of the chieftain of whom they held their land, and to assist him in every quarrel. As soon, therefore, as feudal tenures were introduced, and this artificial connection was established between vassals and the Baron, of whom they held, vassals came to be considered as in the same state with relations. Vide Beauman. 303. Private wars were very frequent for several centuries. Nothing con- tributed more to encourage those disorders in government and ferocity of manners which reduced the nations of Ewrope to that wretohed state ■which distinguished them during the middle ages ; nothing was a greater obstacle to the introduction of a regular administration of justice ; nothing could more effectually discourage industry, or retard the progress and culti- vation of the arts of peace. Private wars were carried on with all the de- structive rage which is to be dreaded from violent resentment, wl5en armed with force, and authorised by law. It appears by the statutes, prohibiting or restraining the exercise of private hostilities, that the invasion of the most barbarous enemy could not bo more desolating to a country, or more fatal to its inhabitants, than those intestine wars. Vide Ordom. torn. i. p. 701. torn. ii. 395. 408. 607, &c. The contemporary historians describe the excesses committed in the prosecution of these quarrels in such terms as to excite astonishment and horror: ^^ Erat eo tempore m^aximus ad invicemhosiilitaiibus, totins francorum regni facta turbatio ; crebra vbique latrocinia, via/mm obsessio avdiebantur passim, imo fkbant incendia ivfinita nidtis prceter sola et indomita cupiditate existentibus causis extruebantur prcelia ; et ut bretii totam claudem, quicquid obtutibus cupidorum suijiciebant, nusqimm attendiebamt cujus esset, pr(^ce patebanV . Vide OestaDeiper Prancos, vol. i. p. 482. i. e. " At that time turbulence reigned very extensively in the kingdom of France ; every- where robberies and lying in wait in the highways were heard of; conflagra- tions became excessive ; hostility was enkindled for no other cause than from ungovernable avarice; and, in fine, the defenceless were subjected to entire ruin ; the robbers never oared whose property they preyed upon, if it were only ticcessible to their cupidity." ,^ QmcQtrtD PER SEEVUM, &c. — During the state of vassalage, what the servant obtained, by any mode whatever, either in money or goods, belonged to the lord of the fee, who might, " vi et armis," take possession of it when- ever he pleased. Quid si in" ejdsmodi, &o. — The seal is either taJcen for the wax impressed with a device, and attached to deeds, &c., or for the instrument with which the seal is impressed. In law, tlie former is the most usual sense. It is said that the first sealed charter we find extant in England is that of Edward the Confessor, upon his founding Westm,inster Abbey. Tet, we read of a seat in the MS. History of Offa, King of the Mercians; and that seals were in use in the time of the Saxons, vide Taylor's Hist, of Gavelk. fol. 73. It was usual, in the time of Henry the Second, and prior to that time, to seal all grants with the sign of the Gross, made in gold, on the parchment. Vide MonasU 111. fol. 1. et Ordoricus Vitalis. lib. i. That most of the charters of the English Saxon Kings were thus signed, appears by Ingvlphus, and in the Monastiam, But it was not so much used after the Conquest. Vide Goweli. Coats of arms on seals were introduced about the year 1218. We read of a charter sealed with the Royal tooth, called the " Wang-tooth,''' {yiang — the LAW GLOSSARY. 447 jaw, Sax.); and it is said that one of the English Saxon King's Grants has these remarkable words, (which show the state of literature in those days,) "Pro ignorantia literarum appomi sigiUum mernn" — i. e. " on ac- count of my ignorance of letters, I have placed my seal." Vide Daniel, vi. 17, as to the antiquity of signets. QtroD oLERioi, &c.— The student will find the following Chronological List of Contemporary Reporters in the English Courts, to be correct, down to the reign of William IV. Hbnrt IIL commencing 1216. Jenkins, 4, 19, 21. Edwaed I— 1272. Tear Book (Maynard) part 1, KB. CP. & EX. 1 to 29 Jenkins, EX. 18, 34 Keilwey, KB. & CP. 6 Jenkins, ex. 6, 15, 18 Benloe, KB. cp. 32 Jenkins, ex. 1 to 47 Keilwey, kb. cp. 1 to 47 Edwaed II.— 1307. Tear Book (Maynard) part 1, KB. OP. EX. 1 to 19 Edwabd III.— 1326. Year Book, part 3, KB. & OP. 17, 18, 21, to 30, 38, 39 Year Book, part 4, kb. & cp. 40 to 50 Tear Book, part 2, KB. op. 1 to 10 Tear Book, part 6, Liber Assisarum, 1 to 50 Richard II.— 1377. -^ BeUewe, KB. & cp. 1 to 22 Jenkins, ex. 1 to 22 Henry IV.— 1399. Tear Book, part 6, KB. & OB. 1 to 14 Henry V.— 1413. Tear Book, part 6, KB. & cp. 1, 2, 5, 7 to 9 HenbT VI.— 1422. Tear Book, part 7, kb. op. 1 to 4, 7 to Jenkins, ex. 1 to 14 JenkiBS, ex. 1 to 10 Benloe, KB. cp. 2, 18 Jenkins, ex 1 to 39 12, 14, 18 to 20— part 8— 21, 22, 27, 28, 30 to 39 Edward IV.— 1461. Jenkins, ex. 1 to 22 A Tear Book, part 10, KB. OP. & EX. 5 Tear Book, part 9, kb. cp. 1 to 22 Edward V. — 1483. Jenkins, ex. Year Book, part 11, KB. & oP. ElOHAED IIL— 1483. Jenkins, ex. 1 to 2 Tear Book, part 11, KB. OP. 1 to 2 Hbnet VIL— 1485. Benloe, KB. OP. 1 Moore, KB. cp. 1 to 37 Jenkins, ex. 1 to 24 Tear Book, part 11, KB. OP. 1 to 18, KeUwey, kb. op. 12, 13, 17 to 24 20, 21 448 LAW GLOSSARY. Henby Vin.— 1509. Anderson, op. 25, &c. Dyer, KB. cp. ex. oh. 4, &o. Benloe, OP. 1 to 38 Jenkins, EZ. 1 to 38 N. Beudloe, kb. cp. 22, &o. Keilwey, kb. cp. 1 to 11, and 21 Bendloe, Keilwey and Ashe, KB. cp. Moore, KB. CP. ex. ch. 3 EX. Tear Book, part 11, KB. CP. 12, 13, Brooke's new Cases, KB. cp. ex. 14, 18, 19, 26, 21 Dalison, cp. 38 Edwaed YL— 1547. Anderson, cp, 1 to 6 Dyer, KB. cp. ex. ch. 1 to 6 Benloe and Dalison, cp. 2. Jenkins, EX. 1 to 6 Brooke's new Cases, kb. cp. ex. Moore, kb. cp. ex ch. 1 to 6 N. Bendloe, KB. cp. ex. 1 to 6 Plowden, KB. cp. ex. 4 to 6 Mart— 1553. Anderson, cp. 1 to 6 Dalison in Keilwey and Ashe, CP. 1, Benloe and Dalison, cp. 1 to 5 4, 5 Benloe in KeUwey and Ashe, kb. cp. Jenkins, ex. 1 to 5 EX. 1 to 5 Leonard, kb. op. 1 to 5 N. Bendloe, KB. cp. ex 1 to 5 Moore, KB. cp. ex ch. 1 to 5 Brooke's new Cases, KB. CP. EX. 1 to 5 Owen, KB. op. 4 to 5 Gary, cH. 5 Plowden, KB. CP. ex 1 to 5 Dyer, kb. op. ex ch. 1 to 5 Elizabeth — 1558. Anderson, op. 1 to 45 Godbolt, KB. op. ex. ch. 11 to 45 Benloe in Keilwey and Ashe, KB. op. Gouldesborough, kb. oh. ex. ch. 28 EX. 2 to 20 to 31, 39 to 43 Benloe, KB. op. ex. 1 to 21 Hohart, KB. a few Cases Bendloe, KB. CP. ex 1 to IT Hutton, OP. 26 to 38 Brownlow and Gouldesborough, op. Jenkins, ex. 1 to 45 11 to 45 Leonard, kb. op. ex. 1 to 45 Gary, oh. 1 to 45 Moore, KB. op. ex. 1 to 45 Coke, KB. CP. EX. ch. 14 to 45 Noy, KB. OP. 1 to 45 Croke, KB. OP. 24 to 45 Owen, KB. CP. 1 to 45 Dahson, op. 1 to 16 Plowden, KB. op. ex. 1 to 21 Dalison in Keilwey and Ashe, op. 2 Popham, KB. cp. oh. 34 to 39 to 1 SaviUe, cp. ex. 22 to 36 Dickins, OH. a few Cases Tothill, ch. 1 to 45 Dyer, KB. cp. 1 to 23 Telverton, KB. 44, 45 James L — 1603 Anderson, op. 1 ■William Jones, KB. cp. 18 to 23 Bendloe, kb. op. ex. 19 to 23 Lane, ex. 3 to 9 Bridgman, cp. 12 to 19 Leonard, KB. CP. ex. 1 to 12 Brownlow and Gouldesborough, op. 1 Ley, kb. cp. ex. 6 to 23 to 23 Moore, KB. op. ex. ch. 1 to 18 Bulstrode, KB. 1 to 15 Noy, kb. &, op. 1 to 23 Cary, OH. 1 Owen, kb. cp. 1 to 12 Coke, KB. CP. EX OH. 1 to 13 Palmer, kb. 11 to 23 Croke, KB. op. 1 to 23 Popham, kb. op. oh. 15 to 23 Davis, KB. CP. EX. 2 to 9 Reports in Chancery, 13 Godbolt, KB. OP. EX CH. 1 to 23 RoUe, kb. 12 to 22 Hobart, KB. cp. ex ch. 1 to 23 Tothill, ch. 1 to 23 Hntton, op. 10 to 23 Winch, cp. 19 to 23 Jenkins, ex. 1 to 21 T«lverton, KB. 1 to 10 LAW GLOSSART. 449 Allejm, KB. 22 to 24 Beadloe, KB. CP. 1 to 14 Bulstrode, KB. 1 to 14 Clayton, PL Ass. York, 1 to 24 Croke, KB. CP. 1 to 16 Godbolt, KB. CP. EX. CH. 1 to 13 Hetley, op. 3 to T Hutton, CP. 1 to 14 "Wm. Jones, KB. op. 1 to 16 Latch, KB. 1 to 3 Carter, cp. 16 to 27 Cases in Chancery, part 1 — 12 to 30, Cases in Chancery, part 2 — 26 to 37 Clayton, PL Ass. York, 1 to 2 Dickins, CH. a few Gases Finch, OH. 25 to 32 Freeman, kb. cp. ex. ch. 22 to 51 Hardres, ex. 7 to 21 Thos. Jones, KB. CP. 19 to Z1 Kehle, KB. 13 to 30 Kelynge, KB. 14 to 20 Levinz, KB. OP. 12 to 31 Lutwyche, op. 34 to 3 T Modem, voL 1, 2, 1 to 29 Chables I. — 1625. Ley, KB. CP. EX. 1 Modem, voL 2, to 30 to 4 Littleton, CP. ex. 2 to 7 March, KB. OP. 16 to 18 Nelson, CH. 1 to 24 Noy, KB. OP. 1 to 24 Palmer, KB. CP. 1 to 4 Popham, KB. CP. CH. 1 to 2 Reports in Chancery, 1 to 24 Style, KB. 21 to 24 Tothffl, OH. 1 to 21 CHAElEa n.— 1660. Modern, voL 3, KB. op. ex. oh. 34 to 37 Nelson, ch. 1 to 37 Parker, EX. 30 Pollexfen, kb. cp. ex. oh. 22 to 37 T. Raymond, KB. CP. EX 12 to 35 Reports in Chancery, 1 to 37 Saunders, KB. 18 to 24 Select Cases in Chancery, 33 Shower, KB. 30 to 37 Siderfin, KB. op. ex. 9 to 22 Skinner, KB. 33 to 37 Style, KB. 1 to 7 KB. cp. EX. OH. Taughan, cp. 17 to 25 Tentris, KB. op. ex. ch. 20 to 37 KB. cp. ex. ch. 26 Vemon, ch. 32 to 37 Carthew, KB. 2 to 4 Cases in Chancery, part 2 — 1 to 3 Cases of Settlement, kb. 2 to 4 Comberbach, kb. 1 to 4 Freeman, KB. op. ex oh. 1 to 4 Levinz, KB. cp. 1 to 2 Lutwyche, op. 1 to 4 James IL— 1685. Modern, voL 3, kb. cp. ex. oh. 1 to 4 Parker, ex. 3 to 4 Reports in Chancery, 1 to 3 Shower, KB. 1 to 4 Skinner, KB. 1 to 4 Tentris, KB. cp. ex ch. 1 to 4. Vemon, ch. 1 to 4 Carthew, KB. 1 to 12 Cases concerning Settlements, KB. '. to 14 CoUes, Pari. Ca. 9 to 14 Comberbach, kb. 1 to 10 Comyns, KB. op. ex ch. 7 to 14 Fortescue, KB. cp. ex oh. 7 to 14 Freeman, KB. op. ex ch. 1 to 14 Eelynge, Cr. Ca, KB. 8 to 13 Levinz, kb. cp. 1 to 8 Lutwyche, op. 1 to 14 Modem, voL 3, KB. cp. ex ch. 1 to 2 Modern, voL 4, KB. cp. ex oh. 3 to 7 Modem, voL 5, KB. OP. ex ch. 5 toll Anne.- Brown, ParL Cases, 1 to 13 WiLHAM III.— 1689. Modem, voL 12, KB. OP. EX. CH. 2 to 14 Parker, ex. 4 to 13 Precedents in Chancery, 1 to 4 Lord Raymond, KB. & cp. 4 to 14 Reports in Chancery, vol. 2 — 5 Reports temp. Holt, KB. OP. ex OH. 1 to 14 Salkeld, KB. CP. ex ch. 1 to 14 Select Cases in Chancery, 5, 9 Shower, kb. 1 to 6 Skinner, KB. 1 to 9 Tentris, KB. cp. ex ch. 1 to 2 Temon, CH. 1 to 14 Peere WiUiama, oh. & kb. 7 to 14 1702. Modem, voL 7, kb. oh. ex. oh. 1 29 450 LAW GLOSSARY. Bunbury, EX 12 to 13 Cases concerning Settlements, KB. 1 to 13 Oases of Practice, CP. 5 to 13 Colles, Pari. Ca. 1 to 8 Comyns, KB. CP. EX. CH. 1 to 13 Dicldns, cu.afew Gases Portesque, KB. CP. ex. ch. 1 to 13 Preeman, kb. cp. ex. ch. 1 to 5 Gilbert, Cases in Law and Equity, 12 to 13 Gilbert, KB. ch. k ex. 4 to 13 Kelyng, Sir J. kb. Lutwyehe, cp. 1 to 2 Modern, vol. 6, KB. cp. ex. oh. 2 to 3 George Bamardiston, KB. 11 to 12 Brown, Cases in Pari. 1 to 13 Bunbuiy, ex. 1 to 13 Cases concerning Settlements, KB. 1 to 13 Cases of Practice, cp. 1 to 13 Comyns, KB. CP. ex. oh. 1 to 13 Lickins, CH. 1 to 13 Portescue, kb.'cp. ex. ch. 1 to 13 Gilbert, KB. ex. ch. 1 to 12 Modern, vol. 8 & 9, KB. CP. ex. ch. 8 to 12 Modern, vol. 10, kb. cp. ch. ex. 1 to 11 Modem, vol. 10, kb. cp. ex. ch. 8 to 13 Modern, vol 11, KB. cp. ex. oh. ^ to 8 Parker, ex. 6 to 12 Peere Williams, ch. & KB. 1 to 13 Practical Register, CP. 3 to 13 Precedents in Chancery, 1 to 13 Lord Raymond, KB. CP. 1 to 13 Reports in Chancery, 4 to 8 Reports temp. Holt, 1 to 9 Salkeld, kb. op. ex. oh. 1 to 10 Sessions Cases, kb. 9 to 13 Vernon, CH. 1 to 13 ar 1.-1714. Mosely, CH. 12 to 13 Parker, ex. 4_ Practical Regis. OP. 1 to 13 Precedents in Chancery, 1 to 8 Lord Raymond, KB. & cp. 1 & 10 to 13 Robertson's Appeal Cases, 1 to 13 Select Cases in Chancery, 10 to 12 Sessions Cases, KB. 1 to 13. Strange, KB. op. CH. ex. 2 to 13 Vernon, ch. 1 to 5 Peere Williams, oh. & KB. 1 to 13 Geoese IL— l'?2'7. Poster, Cr. Ca. ] 6 to 34 Kelynge, KB. 4 to 8 Keuyon, KB. 26 to 30 Leach's Crown Law, 4 to 34 Mosely, ch. 1 to 3 Northington, 30 to 34 Parker, ex. 16 to 34 Peere Williams, CH. KB. 1 to 8 Practical Register, 1 to 15 Lord Raymond, KB. 1 to 6 Reports temp. Hardwieke, KB. 1 Robertson's Appeal Ca. Sayer, kb. 25 to 29 Select Cases in Chancery, 1 to 6 Session Cases, kb. 1 to 20 Strange, kb. op. ex. ch. 1 to 21 Vesey (sen.) OH. 20 to 28 Willes, CP. EX. cri. h. of l. 11 to 32 Wilson, KB. 16 to 26 Wilson, op. 26 to 34 Ambler, ch. ex. 11 to 34 Andrews, KB. 11 to 12 Atkyns, OH. 9 to 21 Bamardiston, KB. 1 to 7 Bamardiston, Chancery, 13 to 14 Barnes, CP. 5 to 34 Belt's Supp. Vesey, oh. 20 to 28 Wm. Blackstone, KB. cp. 20 to 24, 30 to 34 Brown, Pari. Cases, 1 to 34 Bunbury, EX. 1 to 14 Burrow, KB. 30 to 34 Burrow, Sett. Cases, kb. 5 to 34 Cases of Settlement, KB. 1 to 5 Cases of Practice, op. 1 to 20 Cases temp. Talbot, oh. kb. op. 7, 10 Comyns, oh. ex. 1 to 13 Cunningham, KB. 7, 8 Dickins, ch. 1 to 34 Pitzgibbon, KB. CP. OH. ex. 1 to 5. Portescue, all the Courts, 1 to 10 George IIL — 1760. Acton, Prize Causes, 49 to 50 Baraewall & Alderson, KB. 68 Ambler, on. ex. 1 to 24 Blackstone, (Sir Wm.) KB. op. 1 to 28 Anstruther, ex 32 to 37 Blackstone, (H.) cp." ex 28 to 36 LAW GLOSSARY. 451 Bligh, Pari. Cases, 59 & 60 Bosanquet & Puller, op. ex. 3f to 44 Bosanquet and Puller, New Rep. CP. 44 to 47 Bott. Sett. Ca. 1 to 60 Broderip & Bingham, CP. 69 & 60 Brown, Pari. Cases, 1 to 40 Brown, Chancery, 18 to 34 Buck, Bankruptcy, 57 to 60 Burrow, KB. 1 to 12 Burrow, Settl. Cases, 1 to 16 Caldecott, Settl. Cases, It to 26 Campbell, NP. 48 to 56 Cases jjf Prac. kb. 1 to 14 Chitty, KB. 47 to 60 Cooper, Chancery, 55 Corbet &, Dan. El. Ca, Cowper, KB. 14 to 18 Cox, Chancery, 23 to 36 Daniel, Excheq. 57, 58 Dickins, Chancery, 1 to 38 Dodson, Admiralty, 51 to 55 Douglass, KB. 19 to 22 Dow, Pari. Cases, 53 to 58 Durnford and East, KB. 26 to 40 East, KB. 41 to 53 Eden, Chancery, 1 to 7 Edwards,. Admiralty, 48 to 50 Espinasse, np. kb. cp. 33 to 47 Forrest, ex. 41 Frazer, Elect 32 Gow, NP. CP. 59 & 60 Haggard, Consistory Court, 29 to 60 Hall & Seattle, oh. 47 to 51 Holt, NP. CP. 55 to 18 Jacob & Walker, OH. 59 & 60 Kenyon, kb. Leach, Crown Law, 1 to 55 Lofft, KB. OP. OH. 12 to 14 Luder, Elect. Ca. 25, 30 Haddock, Chanc. 65 to 60 Marriott, Ad. 16 to 19 Marshall, OP. 54 to 56 Maule & Selwyn, KB. 54 to 57 Merivale, Chancery, 56, 67 Moore, OP. 57 to 60 Nolan, Seitl. Ca. 32 to 34 Northington, oh. 1 to 5 Parker, EX. 1 to 6 Peake, NP. 30 to 35 Peckwell, Elecst. Ca. 45, 46 Philimore, Ecol. Courts, 49 to 60 Price, EX. 64 to 60 Robinson, Admiralty, 39 to 48 Rose, Bankruptcy, 50 to 66 Russel & Ryan, Cr. Ca. 39, &c. Schoales and Lefroy, Chancery, 42 to 46 Smith, KB. 44 to 46 Starkie, np. 55 to 60 Swanston, oh. 68 to 60 Taunton, op. 48 to 58 Vesey, Chancery, 29 to 62. Vesey & Beames, Chancery, 52 to 54 "Wightwicke, ex. 50 to 51 Wilson, KB. CP. 1 to 14 "Wilson, EX. 67 "Wilson, EX. & oh. 58 to 60 Geoege IV.— 1820. Addams. Eccl. 2 to 6 Baruewall & Alderson, kb. 1 to 3 BarnewftU & Creswell, kb. 3 to 10 Barnewall & Adolphus, KB. 10 & 11 Bingham, CP. 3 to H Bligh, H.ofL, 1 to Bott, Sett. Ca. 1 to 7 Broderip & Bingham, cp. 1 to 3 Carrington & Payne, np. 4 to 11 Chitty, KB. 1 to 3 Creswell, Insol. 7 to 9 Crompton & Jervis, EX. 11 Daniel, ex. 1 Danson & Lloyd, Mere. Ca. 8, 9 Dow & Clarke, H. of L. 7 to 11 Dowling & Ryland, KB. 2 to 8 Glynn & Jameson, Bankr. Haggard, Eccles. 7 to 10 Jacob & Walker, oh. 1, 2 Jacob, OH. 2, 3 Lloyd & Welsby, Merc. Gesek, 10 & 11 Maddock, Vice Ch. 1 to 2 Manning & Ryland, KB. 7 to 9 M'Cleland, EX. 4, 5 M'CIeland & Tounge, EX. 5, 6 Montagu & Maoarthur, Bankr. 10, 11 Moody & Malkin, np. 7 Moore & Payne, cp. 7 Phillimore, Eccl. 1, 2 Price, EX. 1 Russell & Ryan, Crown Ca. 1 to 3 Russell, Chancery, 6 to Russell & Mylne, 9 to Ryan & Moody, NP. 4 to 7 Ryan & Moody, Cr. Ca. 4 to 10 Shaw, H.ofL. Simons & Stuart, Vice Ch. 2 to f Simons, Vice Ch. 7 to 11 Starkie, kp. 1 to Turner, ch. 3 to Wilson, CH. 1 Wilson & Shaw, H. of L. Young & Jervis, ex. 7 to Tounge, ex. bq. 11 452 LATV GLOSSARY, ■William IV.— 1830. Barnewall & Adolphns, KB. 1 to BJigh, H. of L. 1 to Bingham, op, 1 to Ciark & Finnelley, H. of L. 3 to Carrington & Payne, np. 1 to Moody & Malkin, np. 1 to Crompton & Jervis, ex. 1 to Moore & Payne, CP. 1 to , Deacon & CMtty, Bankr. 2 to Russell & Mylne, CH. 1 to Bow & Clarke, H. of L. 1 to 3 Simons, Tice Chan. 1 to Bowling, Pract. 1 to Tamlyn, Rolls, 1 to Haggard, Eccl. 1 to Tyrwhitt, ex. 1 to Knapp, Appeal Cases, 1 to Wilson & Shaw, H. of L. 1 to Manning & Eyland, KB. 1 to Yonnge, EQ. ex. 1 to Montagu & Bligh, Bankr. 1 to QtroD HABEANT, &0. — Military service was frequently the only condition upon which the tenant received a grant, and held his lands : and the per- son possessing such grant was exonerated from every other burden: thai tenure among a warlike nation, was not honorable, but easy. The King, or Greneral, who led his troops to conquest, continuing still to be the head of the colony, had the largest portion assigned to him. Having thus acquired the means of rewarding past services, as well as of gaining new adherents, he parcelled out his lands with this view ; binding those, on whom they were bestowed, to resort to his standard, with a number of men, in propor- tion to the extent of the territory they had received. The chief officers, imitating the example of their sovereign and leaders, distributed portions of their lands among their dependents, annexing a Feudal condition to the grant : thus a Feudal kingdom resembled a Military establishment, rather than a Oivil Constitution : the victorious troops, being cantoned out in the country, which they had seized, continued therein to occupy such lands, ranged under their proper officers, and were subordinate to military command. The name of a soldier, and "Liter Jvomo," were, in those days, almost synonymous. , Vide Du Oange Gloss, mc. "Miles." An indolent and unwarhke life was held in extreme contempt. And whatever the phi- losopher may say in praise of quiet and retirement (his otium cum dignatate), it has been justly remarked, that, in many respects, such a situation weakens and debases the human mind. "When the faculties of the soul are not ex- erted, they lose their vigor, and low and circumscribed notions take the place of noble and enlarged ideas. Action, on the contrary, and the vicissi- tudes of fortune, which attend it, call forth, by turns, all the powers of the mind, and, by exercising, strengthen them. These vicissitudes are often " blessings in disguise." Hence it is, that in great and wealthy states, when property and indolence are perfectly secured to individuals, we seldom meet with that strength of mind, and resolution of action, so common in a nation not far advanced in civilization. It is a curious, but correct, observation, that opulent kingdoms seldom produce very great characters ; which must be altogether attributed to that indolence and dissipation, which are the in- separable companions of afBuence and security. The beloved Washington might have hved and died, " unwept, unhonored, and unsung," had not the critical situation of this country brought his extraordinary abiUtiea and virtues into action. Rome, it is certain, had more real great men within it, when its powei was confined within the narrow bounds of Latium, than when its dominion extended over nearly all the then known world : and one petty state of the ^axon Heptarchy, had, perhaps, as much genuine spirit in it, as the British kingdoms united. As a state, England is much more powerful than it was five hundred years since'; but it would lose by comparing individuals with some of our ancestors. The noble passions of the mind never shoot forth more free and unrestrained than in times which "try men's souls," and in those we call barbarous. That irregular manner of life, and those manly LAW GLOSSARY. 453 purauifa!, from which barbarity often takes its name, are highly favorable to the strength, and peculiar force of mind, dormant, or at least unexercised, in times we call "polished." In advanced society the characters of men are more uniform and disguised. The human passions (aa weU the virtuous as the base) often lie concealed behind forms and ariificiai manners, unknown in the early ages ; and the powers of the soul, without opportunities of exerting them, lose their vigor by the want of great stimulants to action. Tide Macpherson!s Notes to Ossian and Dissertation. These remarks are not made, as by any means countenancing the san- guinary and cruel contests between the powerful Barons, which often were waged on trifling occasions, and were disgraceful to society ; but as an in- centive to activity and perseverance, without which, whatever be man's pur- suit in life, he will never arrive at the temple of true honor, nor be of any signal service to his fellow man. Quod oedinakii, Ac. — The complaint in the text was a most violent en- croachment made use of by the Clergy, who, it appears, under the pretence of making a fair distribution of the deceased's property, frequently seized on his effects, and either made no distribution of them at all, or divided them in an arbitrary and capricious manner. Quo^ vrouA EBMANET, &c. — It is Said, that anciently, if a man died, anu his widow soon afterwards married again ; and a child was born within such a time as, by the course of nature, it might have been the child of either hus- band ; in this case it was said, the child was more than ordinarily legitimate : for he might, when arrived to years of discretion, choose which of the fathers he pleased. Tide 1. Inst. 8. For this reason, by the ancient Saxon laws, in imitation of the Civil Law, a woman was " forbidden to marry until a twelve month after her husband's decease." Tide LI. Ethel. A. D. 1008. LI. Ca/rmti. c. Vl, et Isl. Inst. 8 a. in notis 1, where it is said, "Brooke ques- tions this doctrine, from which it seems, as if he thought it reasonable that the circumstances of the case, instead of the choice of the issue, should deter- mine who is the father. Tide Bro. Abr. Bastardy, p. 18. Palm. 10. 1 Inst. 123, b. in notis 1, where additional cases are cited to decide on the question according to the woman's condition, &c. QnoTiBS BELLA, &c. — The State of society among the ancient Germans, was of the rudest and most simple form. They subsisted entirely by hunt- ing, or by pasture. Tide Oces. lib. 6, c. 21. They neglected agriculture, and lived chiefly on milk, cheese, and flesh. Ibid. c. 22. Tacitus agrees with Goesar in most of these points. Tide Tac. de mm. Ger. c. 14, 15, 23. The Goths were equally negligent of agriculture. Tide Prise. Bhet. ap. Byz. Script, y. 1, p. 31. Society was in the same state among the Sims, who never ploughed their lands. Tide Amm. Marcel, lib. 10, 475. The man- ners of the Alans were similar. lb. p. 447. "While society remained in this simple state, men, by uniting together, scarcely lost any part of their natural independence. Accordingly, we are informed, that the authority of civil government was extremely limited among the Germans. During the times of peace, they had no common or fixed magistrate ; but the chief men of every district dispensed justice, and accommodated differences. Tide Goes, lib. 6, u. 23. Their kings had not absolute or unbounded power ; their au- thority consisted rather in the privilege of advising, than in the power of commanding. Matters of minor concern were determined by the chief men : affairs of importance by the whele community. Tide Tacit, c. 7, 11. The Suns, in like manner, deliberated in common concerning every affair of im- portance in the society, and were not subject to the rigor of regal authority. Tide^mm. Marcel, lib. 31, e. 474 The student will, no doubt, perceive by these extracts, the probability that the ■Witteka-Gemotb, or great assembly, 454 LAW GLOSSAKY. among our Scmm ancestors, where weighty affairs, and those of genera! ccij- cern, were transacted, had its origin from a custom implanted among those fierce barbarians who devastated the Moman provinces. Every individual, among the ancient Germans, was left at liberty to choose whether he would share in any warlike enterprise or not : there seems to have been no ohliga- tion to engage iu it imposed on him by public authority. When any of the chiefs proposed an expedition, such as approved of the cause, and of the leader, rose up, and declared their intent of following him : after coming under this engagement, those who did not fulfil it were considered as desert- ers and traitors, and looked upon as infamous." Tide Cces. lib. 6, c. 23. Ta- citus points at the same custom, though in an ohsoure manner. Tac c. 11, 4. R. Eabula. A barrator : a pettifogger. Eachatee. To buy back. Eadechenistees.- Freemen. Eadeee nomen. To erase the name. . Ean. In Saxon law. Stealing. Eangee. In forest law. One wbo has cbarge of the forest. Eaptus mulieris. Eape. Eapuit. He took violently : he ravished. Eapuit, et carnaliter cognovit. He ravished and carnally knew. Vide note. Eationabilb maritagium. A suitable marriage. Eationabilis dos. A reasonable dowry. Eationalis divisio. A reasonable partition. Eatione contractus. On account of contract. Eatione detentione debitus. By reason of withhold- ing the debt. Eatione doni proprii. On account of a proper gift (or grant). Eationem ponere. To arraign. Eatione privUegii. By reason of privilege. Eatione rei, aut ratione personarum. By reason of the thing, or on account of the parties. Eatione soli. On account of the soil. LAW GLOSSAET, 455 Eatione tenurse. On account of the tenure. Eatum maritagium, et non legitimum. These worda signify, " A marriage among Christians, without canonical solemnization." Ee. King. Eeceiptment. In old European law. The receiving one "who has committed a felony, knowing him to have done so. Eecens insecutio.-^ — Fresh suit (or pursuit). Vide note. Eeceptio literarum est actus positivus. The receipt of letters is a decisive act. Eecessit et officium suum rehnquit. He withdrew and left his office. Eecetoue. One who harbored and secreted a felon. Eecognitio de novel disseizina. An acknowledg- ment (or recognition) of a new disseisin. Eecognitio duodecim legaHum hominum. The re- cognition (or acknowledgment) of twelve lawful men. Eecokciliatio litis non refrigeranda. The agreement of a suit is not to be broken. Eeconquis. To obtain again. Eeconustee. To recognize. Eecordaee. To remember (to record). Eecoedaei facias loquelam. That you cause the plaint to be recorded. Eecoedaei facias loquelam, audita querula, accedas ad curiam, capius si laicus. That you cause the complaint to be recorded, and when heard that you go to the court, and you take him, if he be a layman. Eectus in curia. " Untainted in court." "With clean hands. Eecusatio judicia. The Judge's refusal. Eecusatio testis. The refusing of a witness for the reason of his incapacity. Eeddendum. To pay: to yield: to render: the reservation of rent, &c., in a deed. 456 LAW GLOSSARY. Ebdeundo ab terra sancta, legis actionem suam protulit. -He brought his action, on his return from the Grusades. Vide note. Eeddidt se. He surrendered himself. Eedditum iq invitum. Eendered against his will. Eedispossessio. ^A repossessing : taking again. Eeditus. ^A rent : a return. Vide note. Eeditus albse firmse. "Eents of white farm." In Scotland this kind of small payment is called " Blanch-hold- ing." Eeditus albi. ^White rents. Eeditus capitales.— — " Chief Eents." Eents paid to the superior lord of the fee. Eeditus mobiles. — — Farm rents (for hfe, years, &c.) : those rents which are variable. , Eeditus nigri. " Black rents." Black cattle, as &otch steers. Eeditus siccus. "Barren (or dry) rent." " Eent seek." Eent payable in corn, &c. ; reserved by deed with- out any clause of distress. These several rents were an- ciently payable for lands. Eedhibitiok. The taking back of an article to the one who sold it, on account of some fault discovered in it after the purchase. Eedimeee. To pay a ransom. Eeeve. ^In old English law. An of&cial in court ; sometimes a collector of public dues. Ee. fa. lo. An abbreviation. " That you cause the complaint to be recorded." A writ so called. Eefeeendaet.' Saxon. A servant of the crown to whom are referred the many requests made to the King. Eeffare. To plunder. Eegalia.' Crown rights (or royalties). Eegalis potestas in omnibus. The royal authority in all things. Eege inconsulto. ^Without consulting the King. LAW GLOSSARY. 457 Eeges ex nobilitate; duces ex virttite, sumunt. Kings take title from their dignity ; dukes from deeds of valor. Yids note. Eegia proMbitione non obstante. Notwithstanding the King's prohibition. Eegidor. Spanish. A member of a town assembly. EEGlMEsa sui ipsius, et bonorum ef terrarum suarum minime sufBicit. It is sufficient to have a small portion of his goods and lands for his support. Eegis et principis factum enumeratur inter causas for- tuitas, ideo si rex et princeps retineant navem oneratam frumenta ex causa penuriae, quapropter navis non potuerit frumenta exportare ad locum destinationis, tenenter assecu- tores. The act of the King and Prince may be reckoned among accidental causes ; as if the King and Prince detain a vessel laden with corn on account of scarcity, whereby it should not transport the grain to its destined place, (in this case) the assurers are held liable. Eegistrum. A registry : a place for depositing wUls, deeds, &c. Eegistrum omnium brevium. The registry of all the writs. Eegni Anglise, quod nobis jure competit hsereditaiio. Of the kingdom of England, which devolved to us by hereditary right. Eegrater. In old law. A retailer. Eeif. Scotch. Eei judicatse. Of the matter adjudged. Ee infectl The business not having been accom- plished. Ee integrS. " The thing being imfinished." When a matter was under debate in the Senante, the Romans said it was " rt integrdy Eeisa. Sax. A sudden sally of soldiers. Eei vindicatio. A vindication of the matter. Eejectione celebrata, in eorum locum qui rejecti fu- 458 LAW GLOSSAET. erunt, sortiebatur Prcetor alios, quibus ille judicium legiti- mus numerus compleretur. The rejection being ended, the PrcBtor chose others by lot from -whom the legal num- ber of the judges was completed (for the trial). Eelaxatio. A deed by which one person releases to another his right in anything. Eelevium. "A relief:" a fine paid to the feudal lord for the tenant's entering upon the estate which was lapsed or fallen in by the death of his ancestor. Eelicta per mare. ^Left by the sea. Eelicta verificatione. The plea being abandoned. Eelicta verificatione, cognovit actionem. Having abandoned the plea, he confessed the action. Eemallare. To re-summon. Eemanet causa. The cause remains (or stands over). Eem in bonis nostris habere intelligimur, quoties ad re- cuperandam eam actionem habeamus. We are consid- ered to have an interest in our own effects, so often as we are entitled to an action to recover them. Eemisit curiam.' He adjourned the court. Eemissum magis specie quam vi; quia cum venditor pendere juberetur, in partem pretii emptoribus accrecebat. It was abated more in appearance than in reality ; be- cause when the seller was directed to weigh (in order that the toll or tribute might be taken), he, in part, increased the price to the purchasers. Eemittee. To restore (or send back). Vide note, Eemittit damna. He remits the damages. Eemittitue. ^It is remitted : forgiven. Eemittitur de damnis. The damages are remitted (or forgiven). Eemue. Eemote. Eeneez. Anciently, an apostate from Christ's faith, Eem tantam agere tarn negligenter. To transact so important an affair so negligently. LAW GLOSSARY. 459 Eeofferb. A robber. Eeparatione facienda. A writ for making repairs. Eepetundarxtm crimen. ^In Eoman law. Dishonest or extortionate practices in a public officer. Eeplegiare est rem apud alium detentum, cautione le- gitima interposi'ta, redimere. ^To replevy, is to redeem a thing detained by another person, legal security being given. Eeplegiari facias. That you cause to be replevied. Eeplevium. A relief : a replevy. Eeprehensailles. Seizures. Eeprendre. To take back : to replevy. Eepsilver. In ancient law. The fee paid by ten- ants to release them from reaping for the baron. Eequisitum autem corporalis qusedam possessio ad dominium adipiscendum ; atque ideo vulnerasse non suffi- cit. But it is requisite that a certain corporeal possession to the fee be acquired ; and therefore it is not sufficient to have been interrupted (or injured). Ees angustas domi. The distress of the family. Ees caduca. An escheated thing. Ees controversa. A point in controversy. Ees corporales sunt quee sua natura tangi possunt, veluti fundus: incorporales sunt quse tangi non possunt, et in jure consistunt, sicut usus fructus, usus, &c. Things corporeal are those which in their own nature can be touched (or handled), as a farm : incorporeal (things) are those which cannot be handled, although they subsist in law, as the enjoyment of the profit, interest (or ser- vice), &c. Ees ecclesise temporales. The temporal affairs of the church. Ees gestse. The subject matter : things done. Eescourer. To recover. Eescous. A rescue. Eescyt. Eeceipt. 460 LAW GLOSSAEY. Eeseatjnt. Eesiding. Eeseiser : reseisire. " The taking lands back." Gren- erally applied to tlie taking lands into tlie King's hands, where a general livery, or ouster h maine, was formerly mis used, contrary to the order of the law. Reseisiit. Eestoration to possession. Eesiduum. "The remainder." Frec[uently applied to that part of the testator's estate not specially dis- posed of. Eesiliee. To break off froni a bargain before it was made binding. Ees immobUes. Immovables. Ees Integra. An entire (new, or untouched) matter. Ees inter alios acta, aliis nee prodest, nee nocet. 'A transaction between other parties neither benefits nor in- jures those not interested. Ees judicatse pro veritate accipiuntur. -Adjudged matters shall be taken as indisputable. Ees mancipi. Things which may be alienated. Yidt note. Ees-mobiles. Such articles as are capable of a change of place. Ees nova. A new matter : a new case. Eespi.' ^Putting off. Eespondeat ouster. That he answer over. Eespondeat superior. " Let the principal be answer- able." Often applied in those civil matters where the owner or master is responsible for the act of his agent or servant. Eespondentia. ^Bottomry. Eespondere non debet. He ought not to answer. Eespondra h, touts ; mes nul respondra k luy. He shall answer to every one ; but none shall answer to him. Responsalis ad lucrandum, non perdendum. An- swerable for profit, not for loss. Eeponsa prudentum. 'The opinions of learned men. LAW GLOSSAKY. 461 Eespoitsio unius non omnino andiatur. The answer of one witness stall not be heard at all. Eespublica eat coetus multitudinis juris consensu, et utilitatis communione. A commonwealth is the assem- blage of a multitude, by a legal agreement, with a mutual participation of advantage. Ee3 quotidianse. Eveiy-day questions : familiar mat- ters. Ees ratione regenda. The matter is to be governed by reason. Ees religiosse. ^Eeligious matters. Ee3 sacr^. Articles dedicated to the service of God, as sacred buildings, etc. Ees unius retatia. •,' A thing only of one age." Civilians frequently make use of this phrase to denote that legal provision which is confined to the present gene- ration. , Ees universitatis. Things belonging to society in general, as theatres, race-courses. Eetaee. To accuse with crime. Eetoena brevium. The return of writs. Eetorn' habend'. That a return be had. Eetobna habenda elongata. Having a return of what has been eloigned. Eeteactus aqusB. The ebb or return of the tide. Eetbaheee. To withdraw. Eeteaxit. " He has recalled, or revoked." Vide note. Eeteopeodtjm. A.rere fief. Eeote. A charge. Eeus. "A guilty person." Sometimes meaning a defendant. EeVe or Geeve. 'A collector of public taxes. Eeveland. Saz. Land over which the sheriff has authority. Eevenons h, nos moutons. "Let us return to our 462 LAW GLOSSARY. sheep." It is said that a French lawyer whose client had lost some sheep, argued before the court and jury upon every subject except the matter in question : at length his client said very wittily " Bevenons d nos mouions.'" Eeveesetur. Let it be reversed. EevSeso intuitu. By a retrospective view. Eevertendi animum videntur desinere habere tunc, cum revertendi consuetudinem deseruerent. The disposition to come back appears to cease, when they leave off the habit of rettirning .(home). Eex allegavit quod ipse omnes libertates haberet m regno suo, quas Imperator vindicabat. The King stated that he should enjoy all the liberties (or privileges) in his kingdom which an Emperor claims in his dominion. Eex datur propter regnum ; non regnum propter Regera. A King is given for the realm ; not the realm for the King. • Eex debet esse sub lege, quia lex facit Eegem.- The King ought to be subject to the law, because the law makes the King. Eex est vicarius, et minister Dei, in terra ; omnis quidem sub eo est, et ipse sub nullo, nisi tantum sub Deo". The King is the deputy and servant of, God on earth; for every one is subject to him, and he to no one, Grod only excepted. Eex non potest peccare. (An ancient maxim.) " The king can do no wrong." Eex nunquam moritur. " The king never dies." Rex, &c. salutem. Scribatis Episcopo Karl, quod Bo- herto de Icard pensionem suam, quam ad preces Eegis prae- dicto Roberto concessit, de csetero solvat ; et de proxima eo- clesise vacutura de coUatione prsedicti episcopi, quam ipse Rdberim acceptaverit, respiciat. The King, &c., greet- ing. Inform Bishop Karl, that he henceforth pay to Robert of Icard his pension (or salary) which at the request of his Majesty he granted to the said Robert; and that he be ap- LAWCxLOSSART. 46S pointed to the next churcli vacant in fte collation of the said Bishop, which the said Robert shall accept. Eex tenuit magnum concilium, et graves sermones ha- buit cum suis proceribus de hac terra, quo modo incolore- tur, et a quibus hominibus. The King held a great as- sembly (or council), and solemnly advised with his nobles concerning this land, in what manner a;ad by whom it should be inhabited. Eex vicecomiti salutem, &c. Si A. fecerit te securum de clamore suo prosequendo, tunc pone per vadium et sal- vos plegios B. quod sit coram justiciariis nostris apud West- monasterium in octavis Sancti Michaelts, ostensurus quare cum idem B., ad dextrum oculum ipsius A. casaliter Isesum, bene et computentur curandum apud S. pro qua- dam pecuniae summa pree manibus soluta assumpsisset idem B. curam suam circa oculum prsedictum tam negligentur, et improvide apposuit, quod idem A. defectu ipsius B. vi sum oculi prffidicti totaliter amisit ; ad damnum ipsius A. viginti librarum ut dicit. Et habeas ibi nomina plegiorum et hoc breve. Teste meipso apud Westmonasferium, &c, " The King to the Sheriff greeting. If A. has made you secure to prosecute his complaint (or suit) then put by gage and safe sureties B. that he be before our Justices at Westminster in eight days of Saint Michael, to show (cause) why the same B. at S., for a certain sum of money before then paid into his hands, had undertaken well and suffi- ciently to cure the right eye of the said A., which was cas- ually hurt, the said B. so negligently and heedlessly ap- plied his remedy about the said eye that the said A., through the unskilfulness of the said B., lost altogether the sight of the said eye ; to the loss of the said A., of twenty pounds, as he says. And have there the names of the pledges and this writ. Witness myself at Westminster, &c." This was one of the ancient forms of an original writ in an action on the case. Eex vicecomiti salutem. Praecipio tibi quod juste et 464 LAW GLOSSARY. sine dilatione, facias stare rationabilem divisam K siciit rationabile monstrare poterit, quod earn fecerit, et quod ipsa stare debeat, &c. " The King to the Sheriff, greet- ing. I command you that justly, and without delay, you cause to be made a reasonable division as K can fairly sho-w ought to be made her, and which she ought to have, &c." This was part of the ancient writ of dower. Eex vicecomiti Wigornice, salutem. Prsecipimus tibi, quod sine dilatione clamari facias et firmiter prohiberi ex parte nostra, ut nullus de csetero eat ad riviandum in ripa- riis nostris in balliva tua, quse in defenso fuerunt tempore Henrici Eegis avi nostri ; et scire facias omnibus de comi- tatu tuo, qui ab antique facere debent pontes et riparias illas, quod provideant sibi de pontibus illis, ita quod prompti sint et pariti in adventu nostro, quando eis scire faciemus. The King to the Sheriff of Worcester, greet- ing. We command you to make proclamation without delay, and strictly forbid on our part, that no person from henceforth shall go out to row upon our banks, in your bailiwick, which were in defence (or enclosure), during the reign of King Henry, our ancestor ; and that you give notice to all the persons of your county, who formerly constructed bridges and embankments, to take care of those bridges, so that they may be ready and in order on our approach, when we give due notice of the same. EiBAUD. A vagabond. ElCAEDO et uxori suae, et haeredibus suis, qui de ea veniunt. " To Bichard and his wife, and the heirs from her issuing." These were words used in ancient settle- ments of lands. EICOHOME. A lord. ElDEE, or EiDDEE EoLL. A Small piece of parchment with a new clause upon it, tacked to a bill or record. EiENS in arri^re. Nothing in arrear. EiENS lour deust. ^Not their debt. EiENS passa per le fait. ^Nothing passed by the deed. LAW GLOSSARY. 465 RlENS per devise. ^ITotMng by gift. RiENS per discent.' Notliing by descent. EiENS per discent al' temps d'el original. ^Nothing by descent to tbe time of (issuing) the original (writ). RiENS per discent al' temps d'el writ. — '■ — Nothing by descent to the time of the writ. EiENS per discent, prseter, &c. Nothing by descent, except, &c. EiENS prseter. Nothing except. RiFFLUEA. To disarrange. EiFLETTJM. Anciently. A thicket. RiaA. A Idnd of tribute rendered by tenants culti- vating the ground, to their lords. EiNGA. In old la-w. A sword-belt. RiPA." -A river's bank. RiPAEUM usus publicus est ; littorum usus publicus est jure gentium. The enjoyment of rivers is public : the use of the shores (or the sea shores) is (also) public by the law of nations. Riscus. A trunk. RlXA. A contention. 5 EixATEix. In old law. A scold. EoBAELi. Originally the robbing of a garment or robe. EoBEEDSMEN. In old English law. Men who were guQty of great violations of peace on the English and Scottish borders. EoDKNiGHTS. In old English law. Mounted tenants, whose duty it was to ride with the baron. EoFFURE. A plunderer : a robber. EoGATio ad populum. An appeal to the people. Vide note to " Judicia ad populum.'''' EOGAVEBUNT omnes episcopi magnates, ut consentirent quod nati ante matrimonium essent legitimi, sicut illi qui nati sunt post matrimonium, quia ecclesia tales habet pro legitimis. Et omnes comites, et barones una voce respon~ 30 4:66 LAW GLOSSAET. derunt "Quod nolunt leges Anglic mutare qxt-s HUCUSQUE USITATiE SUNT ET APPEOBAT^." AH the Bishops asked the noblemen, that they would consent that those born before marriage should be legitimate, as well as those born afterwards, because the church held them to be so. And all the Earls and Barons unanimously replied that " THEY would not CHANGE THE LAWS OF ENGLAND WHICH WEEE HITHEETO USED AND APPEOVED." EoGO te per salutem: per fortunam Augusti, &c. I entreat you by your life (or safety) : by the fortune of Augustus, &c. EoLE d'equipage. Bill of lading : list of the crew. EoMANOEUM leges. The Eoman (or Civil) Law ; the code of Justinian. Vide note. ^ EoMESCOT. Peterpence. EoTHEE beasts. Animals with horns. EoTULUS. A register on a roll of parchment. EoYME. Queen. EouTTE. A route, i. e. a company or number. Vide note. EuMPEEE. To revoke. EuNCAEiA. Ground on which bramble-bushes grow. EuFTA. Soldiers. EuPTUEA. Ploughed ground. Etche. Eich. Eyviee. Eiver. NOTES TO E. Eapuit, &c. — Lord Coke says that this crime was anciently punished with death ; a severity which coincides with the rules of the old Cfoihic and is por o|iiwo|niiu vol i\\n» oommissarium ngiilur; tliimmodo lul <'Jut4 t>x|uilMii>noin oonourrat cousimisium rootovis t>t. Iviuin do soplom iiinximo sonioribus solmhirilnis.- ll'il. boilono to tlio doiniviiliim or disi|iiiiliiyiiiji; o[' llio rootor, or (ho o.\)uil.-nl.id)ilt>s. If, liowoYor, tht>Y avo]H'ovod, b_v oloinMnidonoo, lo hiivoMworn i'ldsolv (of \\ Iiioli ft liif^hor luxirl^ siioiild 1idio. Iv. 7 ; but according to Isidore, by Tiro, the fevorite slave and freedman of Cicero. Vide Isid, i 22. Senec. 3p. 90. Seounbttm ooNSTTBTnMNEM MANEBn. — The oustom of many manors in England were extremely peculiar ; some even ridiculous ; for which, at the present day, we are unable to account ; the reasons for establishing them being lost. The following curious custom is extracted from Dr. Phi's Natural History of SiaffordsMre : " Sir Philip de Somerville held the manors of "Whichenovre, Scirescot, Bidware, Netherton, and Cowlee, all in the county of Staiford, of the Earls of Lancaster, by this memorable service. The said Sir Philip shall find, maintain, and sustain, one bacon-flitch, hanging in his hall at Whichenovre, ready arrayed all times of the year, but in Lent, to be given to every man or woman married, after the day and year of their marriage be past, in form following ;* " Whensoever that any such before named will come to inquire for the bacon, in their own person, they shall come to the bailiif, or to the porter of the lordship of Whichenovre, and shall, say to them in the manner as en- Sueth ; " ' Bailiff, or porter, I do you to know, that I am come for myself to demand one baconflyke hanging in the hall of the lord of Whichenovre, after the form thereunto belonging.' " After which relation, the baUiff or porter shall assign a day to him, upon promise by his faith to return, and with him to bring twain of his neighbors. And in the mean time, the said bailiff shall take with him twain of the free- holders of the lordship of Whichenovre, and they three shall go to the manor of Eudlow, belonging to Robert Knightleye, and there shall summon the aforesaid Knightleye, or his bailiff, commanding him to be ready at Which- enovre, the day appointed, at prime of day, with his carriage, that is to say, a horse and a saddle, a sack and a pryke, for to convey the said bacon and corn a journey, out of the county of Stafford, at his oostages. And then the said bailiff shall, with the said freeholders, summon all the tenants of the said manor, to be ready at the day appointed at Whichenovre, for to do and perform the services which they owe to the bacon. And at the day assigned, all such as owe services to the bacon shall be ready at the gate of the manor of Whichenovre, from the sun-rising to noon, attending and awaiting for the coming of him who fetchcth the bacon. And when he is come, there shall be delivered" to him and his fellows, chapelets, and to all those wliich shall be there to do their services due to the bacon. And they shaU lead the said demandant with trumps and tabors, and other manner of minstrelsy, to the haU door, where he shall find the lord of Whichenovre, or his steward, ready to- deliver the bacon, in this manner : " He shall inquire of him which demandeth the bacon, if he have brought twain of his neighbors with him ; wliioh must answer, ' they be here ready.' And then the steward shall cause these two neighbors to swear, if the said demandant be a wedded man, or have been a man wedded ; and if since his marriage, one year and a day be past ; and if he be a freeman or a villain.f * There was a similar institution at Dunmow, in Essex, for an aOcoimt of which see Leland's Itinerary. fVillain, in the language of the time, signified a servant, or bondman. LAW GLOSSABY. 518 And if his said neiglibora make oatli, that he hath for him all these three points rehearsed, then shall the bacon be taken down and brought to the hall door, and shall there be laid upon one half quarter of wheat, and upon one other of rye. And he that demandeth the bacon shall kneel upon his knee, and shall hold his right hand upon a book, which book shall be laid upon the bacon and the corn, and shall make oath in this manner : " ' Hear ye, Sir Philip de Somerville, lord of 'Whichenovre, mayntener and gyver of this baconne ; that I, A., sithe I wedded B. my wife, and sithe I had hyr in my kopying, and at my wylle, by a year and a day after onr marriage, I would not have chaunged for none other ; farer ne fowler; richer ne pour- er ; ne for none other descended of greater lynage ; sleepyng ne waking, at noo time. And if the seyd B. were sole, and I sole, I would take her to be my wife before all the wymen of the world, of what condiciones soever they be, good or evylle ; aa help me God and his seyntes ; and this flesh and all " And his neighbors shall make oath, that they trust verily he hath said truly. And if it be found by his neighbors before named, that he be a free- man, there shall be delivered to him half a quarter of wheat and a cheese ; and if he be a villain, ha shall have half a quarter of rye without cheese. And then shall Knightleye, the lord of Rudlow, be called for to carry all these things tofore rehearsed ; and the said com shall be laid on one horse, and the bacon above it : and he to whom the bacon appertaineth shall ascend upon his horse, and shall take the cheese before hun, if he have a horse. And if he have none, the lord of Whichenovre shall cause him to have one horse and saddle, to such time as he be passed his lordship : and so shall they depart the manor of Whichenovre with the corn and the bacon tofore him that hath won it, vrith trumpets, taborets, and other manner of min- strelsy. And all the free tenants of Whichenovre shall conduct him to be passed the lordship of Whichenovre. And then shall they all return except him to whom appertaineth to make the carriage and journey, without the county of Staflbrd, at the costs of his lord of Whichenovre." Selecti judioes, &c. — Certain persons under the Roman laws could not be selected Jvdices ; either from some natural defect, aa the deaf, dumi, &c ; or by custom, as women, and slaves ; or by law, as those condemned upon trial of some infamous crime, tmiii et famoso jtidicio, e. g. caiwmnice, praieari- cationis, furii, vi homrvm^raptorwrn, mjwiariwm de dolo malo pro socio, man- dati, iuteke, depositi, &c., i. e. " of a disgraceful and infamous judgment (or sentence), viz. of slander, prevarication, (or injuring a cUent's cause,) theft, robbery of goods, deceitful injuries relating to, or on account of partnership, commission, title, deposit, (or bailment,)" kc. ; and by the Julian law, those who had been degraded from being senators ; which was not the case for- merly. Vide Cic. Cluent. 43. By the Fompeian law, the Judioes were chosen from persons of the highest fortune. The Juiices were annually chosen by the Prstor, " Urtcmus," or "Fere- griwus ;" according to Dio. Cassius, by the Questors, vide TTnrJY. 1 ; and their names written down in a list {in album eelata, vel AWo descripta). They swore to the laws : and that they would judge uprightly, according to the best of their knowledge," (de animi sententid). The Judices were prohibited by Augustus from entering the house of any one. Vide Dio. liv. 18. They sat by the Praior, on benches; whence they were called his Assessors, ot Consilium. Vide Cic. Act. Ver. 10 ; and Consessores to one another. Cie, fin. ii. 19. Sen. de Benif. iii. 7. They were divided into Decitei^, aooordmg to the different orders ; thus, " J)ecuriasenatoriajudici%mi," &c., Cic. pro Cluent. 31. Augustus added a fourth Decuria, (because there were three before, either by the law of An- tony, or of Coita), consisting of persons of an interior fortune, who wero called "DucENABXi," because they had only two hundred thousand cesitrset, 33 514 LAW GLOSSAET. the half of an estate of an Eques, and judged in lesser causes. Caligula added a fifth Decv/ria. (Suet. 16). GaBa refused to add a, sixth Decuria; although strongly urged by many to do it. (Suet. 14.) The ofiBoe of a Judex was attended with trouble, Cic. in Verr. i. 8 ; and therefore in the time of Augustus, people declined that honor ; but not so afterwards, when their number was greatly increased. Vide Suet, et PUn. Senatus consulta. — ^When several opinions had been offered, and each supported by a number of Senators, the Consul or Magistrate presiding might first put to the vote which question he pleased, (senientiam primam pronun- ciare, ut in earn discessio fieret,) vide Gic. Ep. Fam. i. 2, x. 12; or suppress altogether {negare se pronunciatvrum) what he disapproved. Tide Cces. de BeU. Givili. i. 1 ; and herein consisted the chief power of the Consul in the Senate. A decree of the Senate was made by " a separation" (per discessio- nem) of the Senators to different parts of the house. He, who presided, said, Qui hoc censetis, illuc tkansite. Qdi alia omnia, in banc partem — i. e. " Let those who are of such an opinion, pass over to that side ; those who think differently to this." The phrase "qui alia omnia,'' was used instead of "qui non censetis," sc. hoc, from a motive of superstition, (ominis causd.) Vide Festm. He who had proposed the opinion, qui senientiam senatui prcestitisset, (Cic. in Pis. 32,) or who had been the principal speaker in favor of it, the Consul, or whoever he was, (Prinoeps vel Auctor Sententice, Ov. Pont, ii 3, 31) first passed; and those who agreed with him, followed. (Plin. Ep. ii. 11). Those who dissented went into a different part of the house ; and into whatever part the majority of the senators went, the Consul said of it, " H.ffic pap^ major vmETUR," (i. e. this appears to be the majority.) Then a decree of the Sen- ate was made, according to their opinion, vide Plin. Ep. ii 12 ; and the names of those who had been the most keen for the decree were usually prefixed to it. When a decree of the Senate was made, without any opinions being asked, or given, the Pathers were said, " Pedilus ferre senientiam," i. e. " to pass the decree with the feet ;" and such decree was called " Senatus consul- TUM PER eiscbssionem" — i. e. a decree made by vote. Vide A. Cell. xiv. 7. But when the opinion of the Senators was asked, it was simply called " Sena- TUS CONSULTUM." Vide Cic. in Pis. 8 ; although it was then made, per dis- cessionem ; and ff the Senate was unanimous, the discessio was said to be "sine uUa varietate," — i. c. without any difference of opinion. Vide Cic. pro Sext. 34; if the contrary, it was to be "in magna varietaie sententiarum," — i. e. with considerable differeuee of opinion. 7ft. Sometimes the Consul ' brought from home, in writing, the decree which he wished to be passed ; and the Senate, (at certain times of the republic,) readily agreed to it. Vide Cic. Phil i. 1. When secrecy was necessary, the clerks and other attendants were not admitted ; but what passed was written out by some of the Senators, ( Cic pro CyU. 14.) A decree made in this manner was called " Tacitum." Some think the " Senatores pedarii, were then likewise excluded. Vide Valer. Max. ii. 2. . Julius Gcesar, when Consul, directed what was to be done in the Senate, (diurna acta,) to be published, (Suet. Jul. 20,) which also appears to have been done formerly. ( Gic. pro GylL 14.) But tliis was prohibited by Augus- tus. Vide Suet Aug. 36. An account of their proceedings, however, was always made out ; and under the succeeding Emperors, we find some Sena- tor chosen for that purpose. Vide Jhc. Ann. v. 4. Public registers (Acta, L e. taJiulxe vel commenia/rii) were also kept of what was to be done in the assemblies of the people, and by courts of justice ; also of births and funerals, of marriages and divorces, &c., which served as a flind of information for historians; hence diurna urbis acta, (i. e. the daily acts relating to the city.) Yiis Tacit. Annal. ^\. il. Acta popuu. Vide LAW GLOSSARY. 515 Suet. JiJ. 20. Acta prsLicA. Tacit Ann. xii. 24. Ubbaita. Plin. Ep. ix. 15, usually called by the simple name "Acta." The decrees of the Sen- ate concerning the honors conferred on Gcesar, were inscribed in golden let- ters, on columns of silver. Vide Dio. xliv. 7. Several decrees of the Senate still exist, engraven on tables of brass; particularly that recorded, Liv. Xxxix. 19. Decrees of the Senate were rarely reversed. When a question was under debate, (re iniegrd,) every one was at liberty to express his dissent, {contradi- cere, vel dissentire ;) but when it was once determined, (rS peractd,) it was looked upon as tlie common concern of each member, to support "the opinion of the majority, quod pluribus placiasset, cunctis tumdii/m, — (i. e. "what pleased the majority must be supported by all.") Tide Plin. Ep. vi. 13 After every thing was finished, the magistrate presiding dismissed the Senate by a set form, " Nox AMPLins vos moramdk," (i. e. ye need not tarry longer ;) or "Ne- mo VOS TENET," (i. c. no one detains you), &c. Vide Plin. Ep. ix. 13. Senatus ooxsultum ULTiMiE NECESSITATIS. — The power of the Roman Senate was chiefly conspicuous in civil dissensions, or dangerous tumults within the city, in which that solemn decree used to be passed, " TJt consu- LES BARENT OPERAM, NE QUID DETEIMENTI EESP0BLIOA CAPERET," (L 6. "that the Consuls should take care that the commonwealth receive no harm.") By which decree an absolute power was granted to the Consvls, to punish, and even to put to death, whom they pleased, without a trial ; to raise forces, and carry on war, without the order of the people. Vide SaUust de hello Cat. 29. This decree was called "ultimdm," or "eitremum," Vide Cces. debeS. Civ. i. 4. and Formam, Scti uMimai. necessitatis. Vide Liv. iii. 4. By this the republic was said to be intrusted to the Consuls, (permitti vel commendari constdibus, ut rempublicam defenderent.) Servi aut fiunt, &o. — There were also other kinds of slaves, under the Feudal system, besides those mentioned in the text. ,The "Oblati" were voluntary slaves of churches, and were very numerous ; and may be divided into three different classes. The first were such as put themselves, and their effects, under the protection of a particular church, or monastery, binding themselves to protect its privilege and property against every aggressor. These were prompted to do so, not merely by devotion, but in order to obtain that security which arose from the protection of the Church. They were rather vassals than slaves ; and many persons of noble birth, in the boister- ous times of the Middle Ages, found it prudent to secure the protection of the Church in this extraordinary manner. Persons of the second class bound themselves to pay an annu&l tax, or quit-rent, out of their estates, to some church, or monastery. Besides this, they sometimes engaged to perform certain services. They were called " Cexsuales." The last class consisted of such as actually renounced their liberty, and became slaves, in the strict and proper sense of the word. These were called " Ministeriales," and enslaved their bodies, as some of the charters bear evidence, that they might preserve the liberty of their souls. Vide Potgiesseru^ " de sUdu servorum," lib. 1. How zealous the clergy were to encourage the opinion which led to this practice, will appear in a clause of a charter, by which a person gave himself up as a slave to a monastery : " Gum sit omni carnaii ingenuitate gen- erosius, extremum quodcum'jue Dei servitium, scilicet, quod terrena ndbilitas mid- tos plerumq; vitiorum servos facit ; servitus vero Christi ndbiles virtviibus red- dit; nemo autem sani capitis virtutibus vitia comparaverii, cla/retpro certo ewm esse generosiorem, qui se Dei servitio prwbuerit proniorem. Quod ego Ragnal' dus, inteUigens,'" &c. — i. e. " The lowest service of the Deity is more noble than all worldly distinction ; because earthly grandeur makes men too fre- quently the slaves of sin; but the service of Christ exalts us in moral worth ; and as no man of sound jvidgment compares vice vrith virtue, there- 516 LAW GLOSSAET, fore it is perfectly evident that he is the most exalted who hath humbled himself to the service of God. Whieh I, RagncMus, (well) knowmg," &c. Another charta is expressed in the following words : " EUgesns majus esse ser- vum Dei quam Uberiits seculi, firmiter credena, et sciens, quod seniire Deo, reg- nare est, awmmoigm ingemuUas sit in qva serviius comparahdkw Christi," &c. YiieDa Gcmge, voc. "Oblatus,"Tol. iv. 1286, 1287. MahiUon iu re diplomat. lib. vi. 632 — i, e. " Choosing rather to be the bondsman of God than the freedmau of the world, (well) knowing, and flrmly believing, that to serve God, is to reign ; and that the greatest freedom is to be acquired by snbmit- ting to the service of Christ," &c. Sbevi sascdntue, &c. — Under the feudal system, from the seventh to the eleventh century, these "Servi," or slaves to the great landholders, seem to have been the most numerous class, and consisted either of slaves taken in war; or of persons, the property in whom was acquired by some of the va- rious methods enumerated by Du, Cange, voc. " Servns," vol. vL p. 4A1. The wretched condition of this numerous set of men will appear from several circumstances; 1st. Their masters had absolute dominion over their persons. They had the power of punishing their slaves capitally, without the inter- vention of any judge. This dangerous right ftiey possessed, not only in the more early periods, when their manners were fierce ; but it continued as late as the twelfth century. Tide Joaoh. Potgiesserus, de statu servorum Lermgar. 1737, 4. to lib. 2. c. 1. sec. 4, 10, 13, 24. Even after the jurisdiction of mas- ters was restrained, the hfe of a slave was deemed to be of so little value that a very shght compensation atoned for taking it away. Idem, lib. 3. c. 6. ■When masters had power over the lives of theb slaves, it is evident that no bounds were set to the rigor of the punishments which the unprincipled and violent frequently inflicted upon them. The codes of ancient laws, it is true, prescribed punishments for the crimes of slaves ; but they were very different from those inflicted on freemen. The latter paid, generally, only a fine, or compensation ; the former were sul^eet to corporal punishments : the severity of these were, in many instances, excessive. Slaves might he put to the rack on very slight occasions. The laws, with respect to these points, are to be found in Potgiers. lib. 3, c. 7 ; and are shocking to humanity. 2dly. If the dominion of masters over the lives and persons of their slaves was thus extensive, it was no less so over their actions and property. Male and female, slaves were allowed, and even encouraged, to cohabit together: but this union was not considered as a marriage ; it was called " CoNTUBEaNnna," (which see and the note) not "NtJPiLffl," or " Mateimonium." This notion was so much established, that during several centuries after the barbarous nations had embraced Christianity, slaves, who lived as husband and wife, were not joined together by any religious ceremony, and did not receive the nuptial benediction of the Priest. When this conjunction between slaves came to be considered as a lawful marriage, still they were not permitted to many in form without the consentof their master ; and such as ventured to do so without receiving that sanction, were liable to be punished with great severity ; and sometimes were punished with death. Vide Poigiers. lib. 2. & 3. "Wben the manners of the Ewopean nations became more gentle, and their ideas more liberal, slaves, who married without their master's consent, were subject only to a fine. 3dly. All the children of slaves were in the same condition with their parents ; and became the property of theu: mas- ters. Tide Du Ca/nge Gloss, voce "Servus," voL vi. 450. Slaves were so en- tirely the property of their masters, that they could sell them at pleasure ; and, of course, could sell the husband from the wife, and the child from the parent. 'While domestic slavery continued, property in the slave was sold in the same manner as that which a person had in any other movable. After- wards slaves became " Absoripti oleb^ ;" and were conveyed by sale, to- gether with the fenn or estate to which they belonged. LAW aLOSSARY. 517 SInarerf, at no distant period after tlie flood, prevailed, perhaps, in almost every region of the globe. (In Gernumy, and in other countries of Bhrope, slaves were generally attached to the soil, till later times, and, probably, some are even at the present day.) They were usually employed in conducting the business of agriculture, and, on every oooaBion, in the most degrading labor, which a freeman would not do. Among the ancient Germims, ac- cording to Tadius, it was not uncommon for an ardent gamester to stake even his personal liberty, and become a slave in a moment by an unlucky throw of the dice. In England, now so tenacious of the rights of man, that the moment a slave touches its shores, he is as "yr«« as the air he breaOies," a, species of slavery, similar to that among the ancient Germans, subsisted, even to the end of the sixteenth century, as appears from a commission is- sued by Queen EKzabdh, 1574. Vide Eymer Ob. Stat 251. Servitus est jus, &e. — Slaves had a title to nothing but subsistence and clothes from their master: all the profits of their labor accrued to him. If the master, from indulgence, gave his slaves any " PeciUium," or fixed allow- ance, for their subsistence, they even had no right of property in what they saved out of such Peculium ; all they accumulated belonged to their owners. Vide Potgiers. lib. 2, cap. 10. HwraX. Antig. lUiL voL i. p. 168. Consequently, all the efiects of the slaves belonged to their masters at their death : and they could not dispose of them by testament. Idxim. lib. 2, e. 11. Slaves were distinguished from freemen by a peculiar dress. Among aU the bar- barous nations, long hair was a mark of dignity and freedom ; slaves were, for that reason, obhged to shave tlieir heads ; and by this distinction, how indiiferent soever it may be in its own nature, they were reminded every moment of the inferiority of their condition. Idem. lib. 3, c. 4. For various reasons, it was enacted, in almost all the nations of Ewope, that no slave should be permitted to give evidence against a freeman in a court of justice. Da Gange voce " Servua," vol. vL p. 451. SiBYLLnrA. — Certain persons called Quindecemviri, had the charge of the SiBTLLiNE books ; inspected them by the appointment of the Senate, in dan- gerous junctures ; imd performed the sacrifices which they enjoined. It be- longed to them, in particular, to celebrate the secular games. Vide Rorat. . 5. The Bomans were accustomed to make out their private accounts, tabulas, sc acc^U et expensi conficere, vel domxsticaa rationes scritere, I e. "to finish their 622 LAW GLOSSARY. aocounta of debts and credits, or write out their domestic concerns," and keep them with great care; many of them marked down the occurrences of each day, first in a note book, and then transcribed them into what we call a ledger (codex vel tabulce) which was preserved. Tide Gic, Quint. 2. But many disused this custom after the law had commanded a man's papers to be sealed up when accused of certain crimes, and produced in courts as evi- dence against him. Vide Gic. Verr. i. 23, 29. Sosc. Com. 2, rES FEUDi. — WiUs are of very considerable antiquity : the dis- posal of estates no doubt existed among the ancient Hebrews, and probably other nations of high antiquity; but there is much variety of opinion how far the right of disposal, by will, existed among the Romans, prior to the law of the Twelve Tables. In England, the right of disposal of land has been more or less restrained at various times. Considerable difficulties attended the disposal of landed property, under the Feudal system: and it was attended with great opposi- tion when the landed proprietors gave way to the intelligence of the age, which was enlightening mankind, by the extension of literature, upon the Invention of printing. Ststgraphji. — By this name bonds were anciently called, which being formally written out, signed, and sealed, were then mutually exchanged between the parties. Thus, Augustus and Antony ratified their agreement about the partition of the Roman provinces, after the overthrow of Brutus and Cassius, at Philippi, by giving and taking, reciprocally, written obhga- tions, {Syngraphm). Vide Bio. xlviii. 2, 11. A difference having after- wards arisen between Gcesar and Fidvia, tlie wife of Antony, and Lucius, his brother, who managed the affairs of Antony' in Italy, an appeal was made by Gcesar to the disbanded veterans : who, having assembled in the Gapitol^ constituted themselves judges in the cause ; and appointed a day for deter- mining it at Gabii. Augustus appeared in his defence, but Fulvia and L. Antonius having failed to come, although they had promised, were condemned in their absence : and, in confirmation of the sentence, war was declared against them, which terininated in their defeat, and finally, in the destruction o{ Antony. Tide Dio. xlvii. 12, &c. In like manner the articles or agree- ment between Augustus, Antony, and Sex. Pompeius were written out, in the form of a contract, and committed to the charge of the Vestal Virgins. . Tide Dio. xlviii. 37. They were further confirmed by the parties joining their right hands, and embracing one another. 'Bat Augustus (says Dio.) observed this agreement no longer than to the time he found a pretext for violating it. Certain deeds were also called Syngraphae by the Canonists, when two parts were written on the same piece of parchment, with some word or letters written between such deeds, through which the parchment was cut, either In a straight or indented line, most frequently the latter, in such a manner as to leave half the word or letters on each part. LAW GLOSSARY. 527 T. Taberna. A wine stop. Tabula in naufragio.' A plank in the shipwreck. Tabula rasa. "A smoothed tablet." The ancient Remans used tables covered with wax, on which they wrote with a sharp instrument called Stylus ; with the flat tened end they could easily erase what they had written, and use the wax again. Horace alludes to the Stylus. Vide note to " Liter a" &c. Tacito et illitcrato hominum consensu et moribus ex- pressum. Acknowledged by the tacit and ignorant consent and usage of the people. Tactis sacrosanctis scripturis. "Laying hands on the Holy Scriptures." A method formerly used by laymen on taking an oath. T^CAN (Sax.) To take. Tailsie. An entail. Talare. To carry away. Tales de circumstantibus. " Such persons who are standing round." Those in court who frequently made up a jury, in default of summoned jurors in attendance. Talibus oratis dictis, aram tenebat. Having said these prayers, he caught hold of the altar. Vide note. Tali et hseredibus suis, vel cui terram illam dare, vel assignare voluerit. " To such person and his heirs, or to whom he would give or assign the land." These were words used in ancient gifts and grants, where the donees and feoffees had full power to sell their estates. Tali et uxori suae. To such person and his wife. Talio. A punishment under the Boman law. Vide note. Talis. Such : as follows. • Talis loco suo ponit talem attornatum. Such person appoints in his place a certain attorney. 628 LAW GLOSSARY. Talis qui ita convictus faerit, dupliciter delinquit con- tra regem, quai facit disseisinam et roberiam cmitra pacem suam, et etiam ausu temerario irritabilia facit ea, quae in curia domini regis rite acta sunt, et propter duplicem de- lictum, merito sustinere debet poenam duplicatam. Sucb person who was tbus convicted, doubly offends against the king, because lie commits a disseisin, and a robbery, against his peace, and also by a daring temerity supposes those things offensive, which were correctly transacted in the king's court ; and because of this double offence, he deserves to bear a double punishment. Vide note. Taliter in eadem curia nostra processum fuit, quod praedictus A. recuperet, &c. And the process was in such manner obtained in our same court, that the said A. recover, &c. Tali viro et uxori su8b, et eorum hseredibus ; vel aUcui mulieri ad se maritandum. — ^ — To such a man and his wife, and their heirs ; or to such woman as he should marry. Tallt. A piece of wood cut with notches into two corresponding parts ; the creditor kept one, the debtor the other, to show the account between them. Tam ad triandum, quam ad inquirendum. As well to try, as to inquire. Tam amplo modo non habere potuit, sed proficium suum inde per totimi tempus amisit. He could not en- joy it in so ample a manner, but lost his profit for the whole time. Tam aqu83 quam soli. — ^As well of the water as of the soil. Tamen clamorem emittere debet, sive masculus, sive foBmina. " Whether jmale or female, yet the child should cry." This was supposed to have been necessary, where the husband claimed to be tenant " by courtesy." The expecta- tion of the infant's crying was thrown by the lawyers of former days into a singular verse. LAW GLOSSARY. 629 " Nam dicunt E., vel A., quotquot nascuntur ab Eva." Long since translated as follows : " If boy the baby cbanoe to be, He cries, 0, A; if girl, 0, E: Oh. Eve I exclaimetb little madam, Whilst little master cries, Oh Adam I" Tamen ilia tormenta gubernat dolor, moderatux natura cu jusque tum animi, tnm corporis, regit Qusesitor ; flecit libido ; corrumpit spes, infirmat metus, ut in tot rerum an- gustiis nihil veritati loci relinquatux. ^Notwithstanding pain governs those tortures, the Quaestor rules and regulates as well the mind as the body of every one ; desire inclines ; hope bribes ; fear enfeebles ; so that in such a distressed state of things, no room is left for the truth. Vide note. Tam immensTis aliarum super alias acervatarum legum cumulus. " Such an immense pile of laws, heaped upon one another." The lawyers of the feudal ages were aston- ished at the multiplicity and finely-spun distinctions be- tween right and wrong introduced by Justinian^s code. Yide note to " Idngua peregrina." Tak in personam, quam in rem. " As well against the person as the property." These words allude to a mixed action, or an action as well against the person as to recover the property. Tam in. redditione judicii, quam in adjudicatione execu- tionis. As well in rendering the judgment as in award- ing the execution. Tam pro domino, quam pro se ipso. r-As well for the lord as for himself. Tamquam certorum corporum. ^As well as of particu- lar (or distinct) bodies. Tanquam falsarii. ^As though they were forgers. Tanquam testamentum inofficiosum. " As though it were an unkind will." Among the Bomans, a will was called " inofficmum" which excluded the children or rela- 34 530 LAW GLOSSABY. tions from the inheritance. Vide Plin. Ep. v. 1. Cic. pro Cluent. Tanta vis probitatis, ut earn in hoste etiam diligamus. ■ So noble is the power of virtue, that we respect it even in OUT enemy. Teinds. Tithes. Teota. Gr. Children. Telligeaphum. A land-writing. Telonium. A place where toll is received. Telum. A weapon. Temeee jurandum. To swear rashly. Tempoea quibus causae forenses dijudicantur. (Law) terms when litigated causes are tried. Vide note. Tempoee confectionis statuti; et non pro tempore futuro. At the time of the passing the act ; and not for the future. Tempoee pacis. ^In the time of peace. Tenant pur copie. Tenant by copyhold. Tenementoeum : aliud liberum; aliud villenagium. Item liberorum, aliud tenetur libere pro homagio, et ser- vitio militari ; aliud in libero soccagio cum fidelitate tan- tum. Of tenures : the one is free, the other is a vil- lenage. Also of free tenures, the one is held freely by homage, and Knight's service ; the other in free socage, with fealty only. Tenendum. "To hold." That clause in a deed wherein the tenure of the land is created and limited. Tenendum per servitium militare. To hold by Knight's service Yide note. Tenendum per servitium militare, in burga'gio, in libero soccagio. To hold by Knight's service, in burgage, in free socage. Yide note. Tenendum sibi et hseredibus suis, quos de came suo, et uxore sibi procreates habuerit. To hold to him and his heirs, bom of the body of himself and wife. Tenendum sibi et hseredibus suis, si hseredes habuerit LAWGLOSSARY. 581 de corpore suo procreatos. -" To hold to him and his heirs, if he should have heirs born of his body." The words in the two last extracts were formerly used in many ancient settlements of estates. Tenendum tibi, et hseredibus tuis, vel cui dare, vel as- signare in vita ; vel in morte legari volueris. To hold to you and your heirs, or to whom you may desire to give or assign (the estate) in your lifetime ; or leave it at your decease. Tenere placita. To hold pleas: to try civil ac- tions. Tenetue se purgare is qui accusatur "^er Dei jvdicium,^^ scilicet, per calidum ferrum, vel per aquam, pro deversitate conditionis hominum ; per ferrum calidum, si fuerit homo liber ; per aquam, si fuit rusticus. He who is accused of a crime is bound to acquit himself "by the judgment of God ;" that is, by hot iron, or by water, according to the different conditions of men ; by hot iron, if he be a freeman ; by water, if he be a peasant. Vide note. Tenhened. In Saxon law. The head of a decon- nery. Tenir en frank fee. To hold in frank fee, Tenorem et effectum sequentem. To the tenor and effect following. Tenor est qui legem dat feudo. " The mode (custom or manner used) is that which gives the law (or rule) to the fee." The customary manner in which the estate had been held for many years shows the nature of the tenure. " Ter centum, ter virginti, cum quinque diebus Sex horas, neque plus, neque minus, integer annus habet." The year consists of three hundred and sixty -five days and six hours, neither more nor less. Terme de grace, est terme de grace que de nom, parce que c'est humilitatis ratione qu'elle I'accorde, et pour le distinguer de celui parte par la lettre; il est re'element 532 LAW GLOSSARY. terme de droit, puisque c'est la loi que le done. A period (days) of grace is nominally such ; it is only given because it is supposed to be granted on petition, and in order to distinguish it from the period fixed by the bill itself; for it is, in fact, a period of right, since it is the law which gives it. Teemes de la ley. Terms of the law. Teemintjm suum praedictum. His aforesaid term. Terminus. The end, Hmit, or boundary : sometimes it means the stock or root to which, by reference, the future succession is to be regulated. Terminus ad quern, The bound (or place) to which. Terminus a quo. The place from which. Terminus juris. The period of one or two years al- lowed for the determining of appeals. Terminus hominis. ^A similar period to termintis juris, but shorter. Tere^ dominicales. ^Demesne lands. Tekr^ dominicales regis. The King's demesne lands. Terra fertihs et fecunda. Land fertile and abound- ing. Terram tenens per arcum et sagittam. ^Holding the estate by the bow and arrow. Vide note. Terra Wallice, cum incolis suis, prius Eegi jure feodali subjecta, jam in proprietatis dominium totaliter et cum in- tegritate conversa est, et coronas TegaiAnglioB tanquam pars corporis ejusdem annexaetunita. The territory of Wales, with its inhabitants, before subject to the King by the feu- dal law, is now altogether, and wholly converted in,to a princedom, annexed and xmited to the crown of England, as though it were a part thereof. Terre tenant. ^The tenant who occupies the land: be who has the actual possession. Testamenta rumpiuntur agnatione posthumi. ^Wills lAW GLOSSARY. 533 are invalidated by posthumous kindred on the father's side. Testamenti executores esse debent ii quos testator ad hoe elegerit, et quibus curam ipse commiserit ; si vero tes- tator nullos ad hoc nominaverit, possunt propinqui, et con- sanguinei ipsius defuneti ad id faciendum se ingerere. Those should be the executors of a will whom the testator has chosen, and to whose care he has ofmmitted it ; but if the testator has nominated no persons for this purpose, the relations and kindred of the deceased may take that duty on themselves and perform it. TTcfe note. Testamentum est suprema contestatio in ea solemniter facta, ut quern volumus post mortem nostram habeamus haeredem. — ■ — ^A will is the strongest (or best) proo^ sol- emnly made in that matter, respecting that person, who, after our decease, should be the heir. Testamentum est voluntatis nostra justa sententia de eo quod quis post mortem suam fieri veht. A testament is the perfect deliberation of our desire respecting that which every one wishes should be performed after his death. Vide note. Testatio mentis. A testament : a wUl. Testatum capias. That you take the person testified (or to have been proceeded against elsewhere). Testatum capias ad respondendum. That you take the person testified (before) to make answer. Testatum capias ad satisfaciendum. That you take the person testified to make satisfaction. Testatum est quod latitat et discurrit. " It is testified that he lurks and wanders :" words used formerly in writs to hold to bail. Testatum existit. ^It is attested. Testatum fieri facias. That you cause the testified writ to be executed. Testatum pluries. ^A testified process issued more than twice. 534 LAW GLOSSARY. Testes. ^Witnesses. Vide note. Teste meipso. ^Witness ourself. Testis unius inhabilis et defectus suppletur ex fide et habilitate alterius. The incapable and defective testi- mony of one person is supplied by the integrity, and abili- ty of another. Thassaee. To put grain or hay into a stack, &o. Theada. A elation or people. Theft-Bote. Sax. " A compromise of felony." Among the Saxons, during the Heptarchy, a thefb was com- muted by a pecuniary fine. Thesaueus inventus. -Treasure discovered : treasure trove. Thia. An aunt. Thingus. ^A knight : a thane. Theave. A measure of grain or corn. Theimsa. A Saxon coin. TiNET. Materials for fencing and hedging. Titia divortium a iSeio fecit. Moevia Titio repudium misit. " Titia obtained a divorce from Seius. Moevia sent a retraction to Titius." For the difiference between Divortium and Bepvdium, vide Ter. And. i. 5, 15. Ter. Phorm. iv. 3, 72, v. 6, 35. Plant. Aul. iv. 10, 69. But Suet. Oces. appears to have used Divortium and Pepudium synonymously. Vide Quintil. vii. 8, 2. Vide note. TiTULXJS est justa causa possidendi id quod nostrum est. Title is a just cause of possessing that which is our own. Toll and Team. ^A Saxon expression used to im- ply certain privileges. Tollutus. Taken away. ToLNETUM.— ^ — Toll : stallage. ToLT. A removal : a taking away. ToKODEEACH. Scotch. A thief-taker. ToRCENOUSE. Injurious : wrongful. ToERALE. ^A drying place for grain or malt LAW GLOSSARY. 535 Tori et mensse participatione mutuo coliabitaverunt us- que ad mortem. They lived together, even until death, in the mutual participation of bed and board. Tort. A wrong : an injury. Tort-feasor. A wrong-doer : a trespasser. ToscHEODORAOH. Scotch. Serjeant-at-anns. ToTALiTER expunxit et delevit. He expunged and defaced it altogether. Tot a primer. Immediately. ^ Tot en tot. Entirely. TOTIDEM verbis. In so many words. ToTiES quoties. As often as : so many times. ToTUM statum suum. His whole estate : his whole interest. ToxTS par avail. The undertenants, who are supposed to make " avail" or profit of the land. Tout ensemble. The whole altogether. Tout fuit en luy, et vient de luy al commencement. All originated in him and comes of him from the commence- ment. Tout les judges ont opine chacun selon leurs luminores. ^Bvery judge voted according to his own opinion. Tout temps prist. Eeady at all times. Tradas in ballium. ^You deliver to bail. Tradit fidejussores de pace etlegalitate tuenda. That he give sureties for keeping the peace, and good behavior. Traditio. A delivery : a livery of seisin. Traditione, cantilenis, aut verbis. By tradition, by songs, or verbally. Vide note. Traditione cartse. By dehvery of the deed, (or writ- ing-) Traditionibus dominia rerum, non nudis pactis, trans- ferentur. That the ownership of estates be transferred by deliveries, and not by bare (or naked) agreements (or covenants). Traditio nihil aliud est quam rei corporalis de per- 536 LAW GLOSSARY, sona m personam, de manu in manum translatio, ant in possessionem inductio : sed res inoorporales, qua sunt ip- sum jus rei vel corpori inliserens, traditionem non patiun- tur. ^A delivery is nothing else than a transfer, or the induction into possession of a corporal thing from person to person, from hand to hand ; but (as to) incorporal things in which there is an inherent right itself to the property or substance, those do not bear delivery (or livery). Vide note. Trahens. One who draws a bUl. Trahir. To betray. Trahison. ^Treason : treachery. Traite de droit de propriete. A mark (or indication) of the right of ownership. Transeat in exempliun. Let it become a precedent. Transfretare. To cross a strait, . Transit in rem judicatam. It passes into a matter adjudged : or into an adjudged case. Teansitus. ^A passage : a change, or transit (of a thing) from one place to another. Trassare.- To draw. Trebuchet. A tumbrel : a place of castigation. Tresayle. Of the grandfather's grandfather. Tres faciunt collegium. Three make a society (or college). Tresor trouv6. ^ " Treasure trove, or found." Monev or property found, of which no person makes a claim within a year and a day ; it then belongs to the king, or the lord of the manor. Trespass, quare clausum fregit. Trespass, wherefore he broke the close. Trespass vi et armis, de filio, vel filia, rapto vel ab- ducto.-' ^Trespass with force and arms concerning a son or daughter,, taken or carried away. Trespass vi et armis, de uxore rapta et abducta. ■ Trespass with force and arms, concerning a wife taken or carried away. LAW GLOSSARY. 537 Trestoenaee. T.o turn aside. Teeuga. Truce. Tela admonitia. Three -warrdngs: the third sum- mons. Teibuta reddere To pay tribute. Teiens. A third part : an ancient term for dower. Teesta admonitio. The third summons. Teinoda necessitas. The threefold necessity : the three-knotted obligation. Vide next extract. Teinoda necessitas, scilicet, pontis reparatio ; arcis con- striiotio, et expeditio contra hostem. The threefold obligation, to wit, the reparation of a bridge ; the erecting a fort or castle ; and an expedition against an enemy. Teium noctium hospes. ^A three-night guest. Vide note. Tu ab servitio , militare spoliabis. You will be de- prived of your tenure by Knight's service. Vide note to " Tenendum per " &c. TuA omnia uni nunquam navi credito. " Never trust all your property in one ship :" or, as Lord Uldon used facetiously to remark, "Carry not all your eggs in one basket." He alluded to the improper mode of lending all a man was worth upon one security. TuAS res tibi habeto. Have your things to yourself. Tu dominum pernegas servare. " Thou refusest to serve thy lord," (meaning that person who granted the estates under the feudal law.) Vide note. TuiTiscus. Of the people. Tu magis scire potes quanta fides sit habenda testibus ; qui et cujus dignitatis, et cujus sestimationis sint, et qui simpliciter visi sint dicere : utrum unum eundemque medi- tatem sermonem attulerint, an ad ea quae interroganeras ex tempore verisimdlia responderint. " You should the more folly understand (or learn) how much faith may be placed in witnesses ; those who (show) themselves of dig- nity and consequence ; and who appear to speak plainly 538 LAW GLOSSABT. (or sincerely) ; -whetlier they have spoken the same pre- meditated speech, or have immediately answered what is credible to those things which yon have asked them." The character and condition of witnesses were particularly at- tended to under the Roman jurisprudence {diUgentid expen- debantur). Vide Cic. pro Flacc. 5. Tunc enim desperari incipit recuperatio, &c. For then the recovery began to be despaired of. TuEBA. The aged men to whom in the early times cases were sometimes submitted. Also, turf. TuRPE est patricio et nobili et causa oranti, jus in quo versaretur ignorare. That it is disgraceful for. a patri- cian, nobleman and orator, to be ignorant of that law in which he should be conversant. Vide note. TuEPE reos empta miseros defendere lingua. It is shameful to defend the distressed for hired pay. Vide note. TuEPis contractus. ^A base or unfair agreement. TuTELA legitima. ^Legal wardship. Vide note. TuTius erratur ex parte mitiori. It is safer to err on the mild side. Ttr vis solare inopem et succurre relicta. You are desirous to relieve the needy and assist the destitute. Ttrz ceux. All those. TwA night gest. The old Saxon phrase respecting one who is entertained the second night, and thereby enti- tled to be called a guest * TwELFHENDE. Twelve hundred. Tyhtlan. — An accusation. Ttmboeella. The tumbrel: or ducking-stool. Vide note. NOTES TO T. TaltbuS, &o. — During the dark agea of Chriatianity, it was customary for murderers to consider themselyes safe by flying to the altar of a religious house, or monastery. LAW GLOSSARY. 539 Taiio — (similiiudo snpplicii vel vindictce hosUmentvm, i. e. a similar pun- ishment, or a requital of vengeance). — A punishment similar to the injury, "an eye for an eye, a limb for a limb," &o. ; but this punishment, though mentioned in the Twelve Tables, seems very rarely to have been inflicted, because the removal of it could be purchased by a pecuniary compensation ; in this respect it was similar to the law of the Saxona. Talisque ita conviotus, &a — During the continual wars among the Barons of Europe, it was the interest of every sovereign to abolish or to check a practice which almost annihilated his authority. CJiarlemagne pro- hibited it by an express law, as "an invention of the devil to destroy the happiness and order of society." Tide Gapitul, A. D. 801. Mil. Baluz. vol. i. p. 311. Some Kings declared it unlawful for any person to commence ■war until he had sent a formal defiance to the kindred and dependants of his adversary ; they ordained, that after the commission of the trespass or crime, which gave rise to a private war, that forty days must elapse before the person injured should attack the vassals of his adversary ; they also en- joined all persons to suspend their private animosities, and to cease from hostiUties when the King was at war. When, therefore, men broke the peace at this time, they were said to have broken the ^^ peace of our lord tlie King" and this form is even yet stated in an indictment, when a person is tried for an olfence at common law ; and probably the origin of the words " against the peace" is derived from the custom before alluded to. Tamen illa toementa, &o. — By the Roman laws, the slaves of the de- fendant could be demanded by the prosecutor to be examined by torture in several trials, chiefly for murder and violence. But slaves could not be ex- amined in this manner against their master's life {in caput domini), except in case of incest, or a conspiracy against the state. Cic. Topic. 34. Mill. 22. Augustus, in order to elude the law and subject the slaves of the criminal to torture, ordered that they should be sold to the public or to himself, Dio. Liv. 5. Tiberius ordered them to be sold to the public prosecutor (manaipa/ri publico actori jubeCj. Tide Tacit. Ann. ii. 30, iii. 67 ; but the ancient law was afterwards restored by Adrian, and the Antonines, vide D. xlviii. 18, de quest. The slaves of others were sometimes demanded to be examined by torture, but not without the consent of their master ; and the accuser giving security that if they were MUed or maimed during the torture, he would make up the damage. Ibid. When slaves were examined by torture, they were stretched on a machine called "Eculeus," or "Equaleus," having their legs and arms tied to it with ropes (fidiculis), vide Suet. Tib. 62, and being raised upright as if suspended by a cross, their members were distended by means of screws (per cochleas), sometimes till they were dislocated, ut ossium com- pago resolveretur," i. e. "that the joint of the bones might be separated," hence "Ecuieo longior foetus," (i. e. making the criminal longer than the^ua- leus.) Tide Senec. Ep. 8. To increase the pain, sometimes plates of red hot iron (lamincB candentes), pincers, burning pitch, &c., were applied to them. But some authors give a different account of this matter; but however this may be, the torture of the rack must have been so severe that humanity shiinks at the idea of its infliction. The confessions of slaves extorted by the rack were written down on tables, which were sealed up till they were produced in court. Cic. Mill. 22. Private persons also sometimes examined their slaves by torture. Tide Cic. pro Cluent. 63, 66. It is matter of astonishment that a people so enlightened as the Bomans were, did not perceive the futility of this mode of punishment to draw out the truth from the wretched sufierers ; it is strange that by a few years' trial, the many false accusations made by the sufferers to mitigate their own dreadful pains, did not teach the government the uncertainty of obtaining the truth from men whose souls were pierced with anguish, and 54:0 LAW GLOSSARY. who were often willing to say or do an^hing, ever so wicked, to obtain a little respite from the "^cMfea*," and burning iron plates. Tbmpoea quibus, &e. — Terms are those spaces of time wherein the Courts of Justice are open for all that complain of wrongs or injuries, and seelc their rights by course of law or action in order to their redress. During the Eng- lish terms, the courts at Westminster Hall sit and give judgments, &c. ; but the High Court of Parliament, the Chancery, and inferior courts do not ob- serve the terms, only the courts of King's Bench, Common Pleas and Ex- chequer, the highest courts at common law. Of these terms, there are four in every year, viz., Hilmy term, which begins the 23d of January, and ends the 12tli of February, unless on Sundays, and then the day after; Easter term, which begins the Wednesday fortnight after Easter day, and ends the Monday next after Ascension day ; Trinity term, which begins on the Friday after Trinity Sunday, and ends the Wednesday fortnight after ; and Michael- mus term, which begins the 6th and ends the 28th of November. Tenehduu: per sertitium MiLrrAitE. — Knighthood, Military, is that of an- cient Knights, who acquired it by high feats of arms. These were called ifilites in ancient charters and titles, by which they were distinguished from mere Bachdors, &c. These Knights were girt with a sword, and a pair of gilt spurs ; whence they were called Equites aurati. Knighthood is not hereditary, but acquired. It does not come into the world with a man lilce nobility ; nor can it be revolted. The son? of Kings, and Kings themselves, with other sovereigns, heretofore had Knighthood conferred upon them as a mark of honor. They were usually knighted at their baptism or marriage. Between the age of Charlemagne and that of the Crusades, the service of the infantry was degraded to the Plebeians : the cavalry formed the strength of the armies, and the honorable name of miles, or soldier, was confined to the gentleman who served on horseback, and was invested with the charac- ter of Knighthood. The Dukes and Counts who usurped the rights of sover- eignty, divided the provinces among their faithful Barons ; the Barons dis- tributed among their vassals the fiefs or benefices of their jurisdiction ; and these military tenants, the peers of each order, and of their lord, composed the noble or Equestrian order, which disdained to conceive the peasant or burgher as of the same species with themelves. The dignity of their birth was preserved by pure and equal alliances; and their sons alone, who could pro- duce lour quarters or lines of ancestry, without spot or reproach, might legally pretend to the order of Knighthood ; but a valiant Plebeian was sometimes enriched and ennobled by the sword, and became the father of a new race. A simple Knight could impart, according to his judgment, the character which he received : and the warlike sovereigns of Europe derived more glory from this personal distinction than from the lustre of their diadem. This ceremony, of which some traces can be found in Tacitus, and the woods of Germany, was, in its origin, simple and profane ; the candidate, after some previous trial, was invested with the sword and spurs ; and his cheek or shoulder was touched with a slight blow, as an emblem of the iosi a-ffront which it was lawful for him to endure. Sut superstition mingled in many public and pri- vate actions of life : in the holy wars it sanctified the profession of arms ; and the order of chivalry was assimilated in its rights and privileges to the sacred orders of Priesthood. The bath and white garment of the novice was an indecent copy of the regeneration of baptism : his sword, which he offered on the altar, was blessed by the ministers of religion : his solemn reception was preceded by fiiats and vigils : and he was created a Knight, in the name of God, of St. George, and of St. Michael, the Archangel He swore to accomplish the duties of his profession ; and education, example, and the public opinion, were the inviolable guardians of the oath. He devoted himself to speak the truth ; LAW GLOSSARY. 641 to maintain the right ; to protect the distressed ( to practice courtesy — a Tirtue less familiar to the ancients ; to pursue the infidels ; to despise the allurements of ease and safety | and to vindicate, in every perilous adven- ture, the honor of his character. The abuse of the same spirit provoked the ilUterate Knight to disdain the arts of industry and peace ; to esteem him- gelf the sole judge and avenger of his own injuries; and proudly to neglect the laws of civil society, and military disciphne. Yet the benefits of this institution, to refine the temper of barbarians, and to infuse some principles of faith, justice and humanity, were strongly felt, and have been often ob- served. The asperity of national prejudice was softened ; the community of rehgion and arms spread a similar color and generous emulations over the face of Chilstendom. Abroad, in enterprise and pilgrimage ; at home, in martial exercise, the Knights of every oouatry were perpetually associated ; and impartial taste must prefer a Gothic tournament to the Olympic games of classic antiquity. The lance was the proper and peculiar weapon of the Knight ; his horse was of a large and heavy breed ; but this charger, tin he was roused by the approaching danger, was usually led by the attendant, and he quietly rode a pad or palfi-ey, of a more easy pace. His helmet and sword, his greaves and buckler, it is unnecessary to describe in this place ; but at the period of the Crusades the armor was less ponderous than in later times ; and in- stead of a massy cuirass, his breast was defended by a hauberk, or coat of mail. Each Knight was attended to the field by hia faithful Squire, a youth of equal birth, and similar hopes ; he was followed by his archers, and men at arms, and four, or five, or six soldiers, were computed as the furniture of a complete " Lance." In the expeditions to the neighboring kingdoms, or the Holy Land, the duties of the Feudal tenure no longer subsisted ; the voluntary service of the Knights and their followers was prompted by zeal or attachment, or pur- chased with rewards and promises ; and the number of each squadron was measured by the power, the wealth, and the fame of each independent chief- tain. They were distinguished by his banner, his armorial coat, and his cry of war ; and the most ancient families of Europe must seek in these achievements the origin and proof of their nobility. Vide Gttibmis Decl. and FaU of ihe Som. Emp. The services, both of Chivalry and of Grand Serjeantry, were all personal ; and as to their quantity or duration, uncertain. But personal attendance in Knight-service being found inconvenient and troublesome, the tenants some- times found means of compounding for it ; first, by finding others to serve In their stead ; and, in process of time, by making a pecuniary satisfaction to the lords in lieu of it. When Knight-service, or personal military duty, de- generated into escuage, or pecuniary assessments, all the advantages (prom- ised or real) of the feudal constitution, were destroyed, and nothing but the hardships remained. These hardships, which were numerous and grievous, were from time to time palliated by successive acts of Parliament, Until at length King James the First consented, in consideration of a proper equiva- lent, to abolish them all, upon a plan similar to that which he had formed, and begun to put in execution, for removing the feudal grievances of herita- ble jurisdiction in Scotland, At length, the miUtary tenures, with all their heavy appendages (which during the usurpation had been discontinued) were totally destroyed by the statute, 12 Oar. ii c. 24. Vide Slack. Comm. vol. 2. Tenendtjm pee SBRvmuM MiLiTARE IN LiBEBo soccAGio. — By the ancient EngUsh constitution, the King had the power of compelling his vassals to be kn^hted. In all ages, however, whether of the high power, or on the de- cline of Chivalry, many persons, considering the duties and charges of the honor, had been wont to commute it by a fine ; and this custom had often whetted the avarice of monarchs. EUzaieth was the last of the EngUah 542 LAW GLOSSARY. sovereigns who enriched her Exchequer by receiving these commutations. Charles the First endeavored to augment his revenue by similar means ; but the spirit of the age was hostile to his claim ; and, certainly, as the military System had changed, it was absurd and unjust that the burden should sur- vive the benefit of the ancient system. The people triumphed, and 'Ghtwles conceded a prerogative, which was generally known at that time as a means of public oppression. . By a statute passed in the sixteenth year of his reign, (c. 20.) the right of compelling men to receive Knighthood was abolished. Vide Mills' Hist. Chiv. Knighthood was an institution perfectly peculiar to the military and social state of our ancestors. There seems to have been no analogy between the Knights of Chivalry, and the Equites of Rome ; for pecuniary estate was ab- solutely necessary for the latter; whereas, though the European Cavalier was generally a man of some possessions, yet he was often promoted into the order of Chivalry, solely as a reward for his redoubted behavior in bat- tle. • The Roman Eqidles discharged civil functions, regarding the administra- tion of justice, and the farming of the public revenues : but the Chivalry of the Middle Ages had no such duties to perform. Knighthood was also dis- tinct from nobility ; for the nobility of Europe were the governors and lords of particular districts of country ; and although they originally ought to hold their dignities only for life, yet their titles soon became hereditary. But Knighthood was always a personal distinction. A man's chivalry died with him. It was conferred upon noblemen and kings; not being, like their other honors, the subject of inheritance. It was not absorbed in any other title of rank, and the common form of address to Royalty, Sir King, shows its high consideration. Vide Mills' Hist. Ghiv. The English customs regarding the degradation of Knights are minutely stated by Slowe, in the case of an English Knight, Sir Andrew Harclay, Bar) of Carlisle, who, in the time of Edward the Second, was deprived of his Knighthood, previously to his suffering the penalties of the law, for a treason- able correspondence with Robert Bruce. He was led to the bar as an Earl, worthily apparelled, with his sword girt about him, horsed, booted and spurred, and unto him Sir Anthony Lucy (his judge) -spoke in this manner : "Sir Andrem," quoth he, "the King for thy valiant service hath done thee great honor, and made thee Earl of Carlisle, since which time, thou, as a traitor to thy lord the King, led his people, that should have helped him at the battle of Heighland, away by the county of Copland, and through the £)arldom of Lancaster, by which means our lord the King was discomfited there of the Scots, through thy treason and falseness ; whereas, if thou haddest come betimes, he hadde had the victory ; and this treason thou com- mitted for the great sum of gold and silver that thou received of James Douglas, a Scot, the King's enemy. Our Lord the King wills, therefore, that the order of Knighthood, by the which thou received all the honor and ' worship'upon thy bodj-, be brought to naught, and thy state undone, that other Knights of lower degree may after thee beware, and take example truly to serve." Then commanded he the officers to hew his spurs from his heels ; then to break his sword over his head, which the King had given him to keep and defend his land therewith, when he made him Earl. After this, he let unclothe him of his furred tabard, and of his hood, and of his coat of arms, as also of his girdle ; and when this was done, Sir Anthony said unto hun, "Andrew," quoth he, " now thou art no Knight, but a knave ; and for thy treason, the King wills that thou shalt be hanged and drawn, and thy head smitten off from thy body, and burned, and thy body quartered, and thy head being smitten off, afterwards to be set upon London bridge, and thy four quarters shall be sent into four good towns of England, that all others may beware by thee." And as Sir Anthony Lucy had said, so was it done in all things, on the last day of October. Vide MiUs' Hist. Chiv, LAW GLOSSARY. 543 Tenetur se phrgare, &c. — It would be tedious to enumerate the varioua modea of appealing to the justice of God, which superstition introduced dur- ing the ages of ignorance. In the year 175, a contest arose between the Bishop of Paris, and the Abbot of St. Denys, concerning the property of a small abbey. Each of them exhibited deeds and records. Instead of trying the authenticity of these, the cause was referred to the " Judicium crucis, (the trial of the cross:) Each produced a person, who, during the celebration of Mass, stood before the cross, with his arms extended; and he, whose rep- resentative first became weary, and altered his posture, was to lose the cause. The person employed by the Bishop on this occasion had less strength than his adversary; and the question was decided in favor of the Abbot. Mobil- Ion etc re diplomat, lib. 6, 498. The Emperor Charlemagne was present; and if a prince so enlightened as he was, countenanced such an absurd mode of decision, it is no wonder that other monarchs should have tolerated it so long. When the prohibition to the mode of trial by single combat was pro- mulgated, this new method of appeal was made to Heaven, as an infallible method of discovering truth ; the person accused, in order to prove his inno- cence, submitted to trial in certain cases, either by swallowing (or endeavor- ing to swallow) a piece of bread, called the " Oorsned;" plunging his arm in boiling water; lifting a red-hot iron with his naked hand; or by walking barefoot over (or perhaps rather anwng) burning ploughshares ; or by other experiments equally presumptuous and perilous. All these forms of trial were cenducted with devout ceremonies ; the ministers of religion were em- ployed ; the Almighty was called upon for the manifestation of guilt, or for the protection of innocence; and whoever escaped unhurt, or came off vic- torious, was pronounced to be acquitted " by the judgment of God." Vide Murat. dissertatio. de judiciis Dei, Antiq. Hal. vol. 3, p. 612. Terram tenens per arcum et sagittam. — Lands were sometimes holden in England by paying yearly a bow and arrows, spear, kc. The Normans introduced into England the use of the longbow ; it had been characterized by them, and been mainly instrumental in winning for them the battle of Hastings. It was afterwards used by the small land-holder, the tenant in socage and the general mass of the people ; while the lance was the weapon of the lord and knight. The bow was the emblem of freedom, and the preeminence of the English archers shows that the political condi- tion of England was superior in the fourteenth century to that of any conti- nental nation. '■ these gallant yeomen, England's peculiar and appropriate sons. Known in no other land. Each boasts his hearth And field as free as the best lord his barony, Owing subjection to no human vassalage. Save to the King and law. Hence are they resolute, Leading the van in every day of battle. As men who know the blessings they defend. Hence are they frank and generous in peace. As men who have their portion in its plenty ; No other kingdom shows such worth and hapiness, Vailed in such low estate." Halidon Hill, Act. iii. sc. 2. The arrow was of the remarkable length of a " cloth-yard." The express- ion in the old ballad of Chevy-Chase, "An arrow of a doth-yard long Up to the head drew he" — marks the usage of our early ancestors : and that sentence of Lea/r in Shalc' sveaire's play, "Draw me a clothier's yard," shows that in the sixteenth cen- 5M LAW GLOSSARY. tury the national -character had not been lost. It was fostered by every proper means : by royal command, archery was practiced in towns on holidays, after church ; while coits, cook-fighting and amusements with the ball were strictly prohibited. Other nations drew the bow with strength of arm, but Englishmen with their whole vigor ; " they laid their body on the bow,"* as an old writer has forcibly expressed the usage ; and when in amusement they were exercising their skill, eleven score yards was the least distance at which the mark was set up. No one could better shoot an arrow than a yeoman, in the days of Edward IIL : they were the most powerful attend- ants Knights could boast of "A yeoman had he, and servants no ino, At that time for him lust to ride so ; And he was clad in coat and hood of green, A sheaf of peacock's arwes bright and keen, TTnder his belt he bare full thriftily. Well could he dress his takel yeomanly. His arwes dropped not with feathers lowe. And in his hand he bare a mighty bowe. A not headf had he with a brown visage. Of wood-craft could he well all the usage. tTpon his arm he bore a gay bracer. And by his side a sword and bokeler ; And on the other side a gay dagger. Harnessed well, and sharp as point of spear ; A Cristofere on his breast of silver shone ; An horn he bare, the baudrick was of green, A forester was he, soothly as I gu6ss."J The reader scarcely needs to be informed that the loss of the battle of Oressy by the French began with the confusion among the Genoese cross- bow men. The English archers then stepped forward one pace, and, as Froisart says, "Let fly their arrows so wholly, and so thick, that it seemed snow was piercing through heads, arms and jjreasts. The French cavaliers rushed in to slay the Genoese for their cowardice, but the sharp arrows of the English slew them and their horses too. The chivalry of the Blaok Prince decided the victory. The Earls of Flanders and Alenfon broke through the archers, but deeper they could not penetrate ; and in the per- sonal conflict of the chivalries of the two nations, the English were con- querors." Vide Froisart, c. 131. "At the battle of Foictiers the English archers threw the French cavalry into confusion by slaying the unmailed horses." " True to say," as Froisart observes, "the archers did their company that great advantage; for when the Black Prince descended the hill on which he had posted himself, the archers were mingled with his chivalry in true knightly fashion, and shot so closely together that none durst come within danger." Vide Mills' ffist. Ghiv. vol ii. p. 13, et sub. Testament! Bxboutoees, &c. — Among the ancient Romans none but a citizen, sui jwris (of his ovm right), could make a will ; or be a witness to a testament; or inherit anything by testament. Gic, pro Arch. 5 Dom. 32. Anciently, testaments used to be made in Comitia Cwiata,'vi&e GeU. xv. 37. The testament of a soldier, just about to engage, was said to be made " in procinciii;" wWle in camp, when he was girding himseU; or preparing for * This national character is alluded to in Latimer's Sermons, folio 69 ; a work not of very good promise for such matters. J Hair cut short. Chaucer's Prologue to the Canterbury tale, line 101. LAW GLOSSARY. 545 battle in the presence of his feUow soldiers, without writing ho named hia heir {niiTuyupavify Vide Gic. de Nat. D. iL 3, de Orat 153. So in procmctu carmina facta (i e. verses made whUe girt), written by Ovid at Tomos, where he was in fear of a continual attack from the GetCB. Vide Pont. i. 8, 10. But the usual mode of making a will, after the law of the Twelve Tables were enacted, was "jjer ces, et libram" (by money and weight or balance); or '^perfamilice empticmem" (by friendly purchase), as it was called, wherein, before five witnesses, a Libripem and an Antestatus, the testator, by an im- aginary sale, disposed of his family and fortune to one who was called "familim emptore," who was not the heir as some have thought (vide Suet 2fer. 4), but only admitted, for the sake of form, that it might appear that the testator had alienated his effects in hia life lime. This act was called "familia mancipatio" (a family sale), which, being finished in due form, the testator, holding the testament in his hand, said : " Scec, ut in his tabulis cerisve scrota sunt ita do, iia lego, ita testor itaque vos Quirites, testimonium prcebitote," i. e. " According as these things are written in these tablets or wax, so .1 give, so I bequeath, so I testify, and approve you, citizens, to bear witness." Upon which, as was usual in like cases, he gently touched the tip of the ears of the witnesses. JPlin. xi. 45. This act was called " nuncupatio iesiamenii" (a declaring the will). Plin. Ep. viii. 18. Hence "nuncupare hceredem" (to name the heir), for nominare, scribere, velfacere (to elect, to write, to make). Suet, et Plin. passim.. But sometimes this word signifies to name one's heir viva voce, without writing, as Horace, just before his death, is said to have Hamed Augustus. The above-mentioned formalities were not always ob- served, especially in later times. It was reckoned auflScieut if the testator subscribed his will, or even named his heir " viva voce" before seven, witnesses. Something similar to this seems to have prevailed anciently, vide Cic. Verr. i. 45. Sometimes the testator wrote hia will wholly with his own hand, in which case it was called " Solographum." Sometimes it was written by a friend, or by others. Plin. Ep. vi. 26. Thus the testament of AugvMus waa written partly by himself, and partly by two of his freedmen. Suet, Aug. 102 : but lawyers were usually employed in drawing up wills. Oic. de Orat. ii. 6. But it was ordained, under Claudius or Nero, that the writer of an- other's testament should not mark down any legacy for himself. Suet. Ner. 17. This was very proper, and prevented imposition. When a testament was written by another, the testator wrote below that he had dictated and read it over. Testaments were usually written on tables covered with wax, because in them persons could more easily erase what they wished to alter. Quint. X. 3, 31. Hence, sometimes, cerce is put for tdbulce ceratoe (waxed tables), or iabulce testamenti (testamentary tables). Vide Juv. i. 63. But tes- taments were called "iabulce," although written on parchment or paper. Ulpian. Testaments were subscribed by the testator, and usually by the witnesses ; and sealed with their seals or rings, and also with the seals of others. They were likewise tied with a thread. Hence, " Nee mea subjectd convicta est gemma iabelld mendacem linis imposuisse noiam," " nor is my ring," i. e. " nor am I convicted of having affixed a false mark, or seal, to the thread on a forged deed, or will." Vide Ovid. Pont. ii. 9, 69. It was ordained that the thread should be thrice drawn through holes and sealed. Vide Suet. Ner^ IT. Testaments, hke aU other civU deeds, were written in Latin. It is said. a legacy expressed in Greek was invalid. Vide Ulp. Frag. xxv. 9. Testa- ments were usally either deposited privately in the hands of a friend, or in a temple with the keeper of it. Thus Julius Cwsar is said to have Intrusted his testament to the eldest of the vestal virgins. Vide Suet. Jvl. 83. Testamentum est voLnNTATis, &c. — WiUs or testaments, says Judge Blackstone, are of very high antiquity. We find them among the ancient Hebrews : not to mention what Eusebius and others have related of Noah's testament, " made ip writing, and witnessed under hia seal, by which he dia- 35 546 LAW GLOSSARy. poseid of the whole world," a more authentic instance of the early tise of testaments occurs in the sacred writings {Gen. o. xlriii.) in which Jacoh be- queaths to his son Joseph a portion of his inheritance, double to that of his brethren ; which will we find executed many hundred years afterwards, when the posterity of Joseph were divided into two distinct tribes, those of Ephraim and Manasseh, and had two several inheritances assigned them ; whereas the descendants of each of the other patriarchs formed only a single tribe, and had only one lot of inheritance. Sohn was the first legislator that introduced wills iuto Athens, but in many other parts of Greece they were totally dis- countenanced. In Rome, they were unknown till the laws of the Twelve Tables were compiled, which first gave the right of bequeathing ; and among the northern nations, particularly among the Germans, testaments were not received into use. Hence it appears that the right of making wills and dis- posing of property after death, is merely a creature of the civil state, which has permitted it in some countries, and denied it in others ; and subjected it to various restrictions and regulations where the law allows it. , In Snglcmd, this power of bequeathing ia coeval with the first rudiments of the law ; not indeed that it extended originally to all a man's personal estate. It is also sufficiently clear that before the conquest, lands were devisable by will But, upon the introduction of the military tenures, the restraint of devising lands naturally took place, as a branch of the feudal doctrine of non-alienation without the consent of the lord. By the common law of Sng- la/nd, since the conquest, no estate greater than for a term of years, could be disposed of by testament, except only in Kent, and in some ancient Burghs, and a few particular manors, where their Saxon immunities, by special indul- genee, subsisted. But when ecclesiastical ingenuity had invented the doc- trine of Uses as a thing distinct from the land, uses began to be devised very frequently, and the devisee of the use could, in chancery, compel its execu- tion. However, when the statute of uses, viz., 27 Henry VIII. cap. 10, had annexed the possession of the ase, these uses being now tbe very land itself became no longer devisable : whereupon the statute of wills was made, viz., 32 Hen. VIII. cap. 1, explained by 34 & 35 Hen. VIII. cap. 5, which enacted, that "all persons being seised in fee simple (except femime coverts, infants, idiots, and persons of nonsane memory), might by will and testament in writing, devise to any other person, (except to bodies corporate,) two-thirds of their lands, tenements, and hereditaments, held in chivalry, and the whole of those held in socage;" which now, through the alteration of tenure by the statute of Charles II. c. 12. Car. II. cap. 25, amounts to the whole of their landed property, except their copyhold tenements. As fof copyhold and other customary lands, these are devisable or not, according to the cus- toms of the respective manors. And generally, a devise of copyhold wiU not pass without a surrender to the use of the will. Students who desu'e further information on this subject will consult Lovelass, PoweU, Roberts, Ropes', Swinburne, &e. Testes. — ^Among the Romans, free citizens gave their testimony upon oath (jv/rati). The form of interrogating them was " Sexie Tempani, gmsro ex fe, tt/rbiirisne, C. Sempronium in tempore pugnaminissef" i. e. "I ask of you Seoctus Tempanus whether you think C Sempronius was in the fight at that time?" Liv. iv. 40. The witness answered " Arbitror," (I think so,) vel "non oMtror," (I do not think so.) Gic. Acad. iv. 47, pro Font. 9. Witnesses were either voluntary or involuntary. The prosecutor only was allowed to summon witnesses against the will. (Quint, v. 78), and of these a different number by diEferent laws, usually no more than ten. Witnesses were said " testimaniwrn, dicere, da/re, perhibere, prabere," also '^pro testimonio audiri." " To declare, to give, to produce, to afford testimony, and also to be heard in evidence." S'uet. Ckmd. 15. The phrase " deposHMmes teatium," (depositJona LAW GLOSSARY. ' 547 of the witnesses) is not used by the classics, but only in the civil law. Per- sons might give evidence, although absent, by writing, {per iaJmias,) but it was necessary that this should be done voluntarily, and before witnesses, (pr. de orig.jwr.); whom many afterwards imitated, as Manilius, Crassus, Mucius, Scoevola, G. Aquilius, Gallus, Trebatius, Sulpicius, &c. Those who professed to give advice to ajl promiscuously, used to walk across the Forum [transversa foro), and were applied to {ad eos adibatur) there, or at their own houses. Gic. Orat. iii. 333. Such as were celebrated for their knowledge in law, often had their doors beset with clients before day- break, vide Sor. Sat. i. 1, v. 9 ; their gate was open to all {cumctis jarma patebat), TibuU. i. 4, 18 ; and the house of an eminent lawyer was, as it were, the oracle of the whole city. Gic. de Orat. i. 45. Hence Cicero calls their power Regnum judicaie. Att. i. 1. The lawyer gave his answers from an elevated stool {ex solio, tanquam ex tripode. Tide Gic. de Legg. 1, 3. Orat. ii. 33, iii. 33. The client, coming up to him, said: "Licet consuleref" (i. e. "Is it proper to consult you?") The lawyer answered, " Gonsule" (consult). Tide Cic. pro Mur. 13. Then the matter was proposed, and an answer was returned very shortly, thus: " Qwxro an exisiimes? vel. Id jus est necnef" (I ask what is your opinion? or, Is that the law or not?) Secundum ea, guce proponuntur, existimo; placet; puto (i. e. According as proposed, I judge ; it pleases me ; so I think). Tide fibr. Sat. ii. Sf 192. Lawyers gave their opinion either viva voce or in writ- ing: commonly, without any reason annexed. Tide Senec. Ep. 94. Sometimes, in difficult cases, the lawyers used to meet near the Temple of Apollo in the Forum (Juv. i. 128), and after deliberating together, which was LAW GLOSSARY. 651 called "DisputcUio Ibri," they pronounced a joint opinion. Hence what was determined by the lawyers, and adopted by custom, was called Recepta sen- fenfe (a received opinion); Receptwm, jus (aa acce^iei. law); Receptitm moe (a received custom) ; Post rrmUas variationes receptum (allowed after consid- erable discussion); and the rules observed in legal transactions, by their consent, were called Regulm juris (the rules of law). "When the laws or edicts of the Prcstor seemed defective, the lawyers sup- plied what was wanting in both from natural equity; and their opinions in process of time, some authors assert, obtained tlie authority of laws. Hence lawyers were not only called " Inierpretes," but also " Gonditores et Auctores juris" (the founders and authors of the law). Vide Digest. : and their opin- ions, " Jus civile" (the civil law). Vide Cic. pro Caecin. 24, de Offic. iiL 16 ; opposed to ^^ Leges" (Csecin. 26). TuTBLA LEGITIMA. — Any father of a family among the ancient Somans might leave whom he pleased as guardians (Mores) to his children. Liv. i. 34. But if he died intestate, this charge devolved by law upon the nearest relation by the father's side. This law has been generally blamed, as in later times it gave occasion to many frauds in prejudice of wards, vide Sor. Sat, ii. 5, and Juv. Sat. vi. 38. It was said, " Quasi agnum commiitere lupo" (like giving the care of the lamb to the wolf). Where there was no guard- ian by testament, nor a legal one, then a guardian was appointed to minors and to women by the Prcetor, and the majority ofthe Trilmnes of the people by the Atilian law. But this law was afterwards changed. Among the an- cient Romans, women could not transact any private business of importance without the concurrence of their parents, husbands, or guardians. Liv. xxxiv. 2. And a husband, at his death, might appoint a guardian for his wife, as well as to his daughter ; or leave her the choice of her own guard- ians. Liv. xxxix. 9. If any guardian did not discharge his duty properly, or defrauded his pupil, there was an action against him (judicium tutdce). Vide Cic. Under the Emperors, guardians were obliged to give security for their proper conduct. The student may find a signal instance of punishment inflicted on a perfidious guardian, recorded in Suet. Galb. 9. Ttmborella. — The Tumbrel. This was an article used for punishment by the old English law, and inflicted on a woman convicted of being a com- mon scold. She was placed in this engine of correction, which, it appears, consisted of a long beam, or ratter, moving on a fuknm, and extended over a pond, on which end the stool was placed. This disgraceful punish- ment has long since been disused. u. Ubeerima fides. A phrase common in Eoman law. The most abundant good faith. Ubi diligentissimus prsecavisset et providisset non dici- tur proprie casus fortuitus. Where the most cautions person might have anticipated and foreseen (an event), it cannot properly be called an accidental circumstance. 552 LAW GLOSSARY. Ubi factum, ibi poterit esse forcia quandoque, sed mm- quam forcia sine facto, quia ubi principale non consistit, nee ea quae sequuntur locum habere debent ; sicut dici po- terit de prsecepto, conspiratione, et consimilibus, quamvia hujusmodi esse possunt etiam sine facto; et quandoque puniuntur si factum subsequatur, sed sine facto non, &c. ; nee etiam abesse debent prgecepto, &c., nisi factum subse- quatur. ^When there is an act committed, there, in gen- eral, is a force (or violence) ; but there is never a force without the act ; because -where the principal thing does not exist, those matters which follow are of no consequence: as may be said of the rule respecting conspiracy, and the like, although crimes of this nature may arise without any deed (actually committed), and occasionally are punished if the act follow; but without the deed, it is otherwise, &c.; ■nor should we disregard the rule, &c., except the deed follow. Ubi jus incertum, ibi jus nullum. Where the law is imcertain, there is no law. Ubi major pars est, ibi est totum. Where the greater part is, there is the whole. Ubi non apparet dominus rei, quee olim fuerunt inven- toris de jure naturali, jam efficiuntur principis jure gen- tium. Where the owner does not appear, those things which formerly belonged to the finder by the law of na- ture, now belong to the Emperor by the law of na- tions. Ubi nullum matrimonium, ibi nulla dos. Where there is no marriage, there is no dower. Ubi nullum placitum, ibi nullum essonium.- — -"Where there is no plea, there is no essoin." Days of grace were formerly allowed to defendants after the return of writs, in order that they might have time to plead, or perhaps to settle the suit; these were called "Essoin days,'^ or days of eoccuse from pleading. Vide note to "Vocatio in jus." Ubi qiiis (cui nullum jus competit in re, nee scintilla LAW GLOSSARY. 553 juris) possessionem vacuam ingreditur, quaa nee corpora, nee animo possideantur, sicut heereditatem jacentem anti- quam quse abdita fuerit ab hserede, vel saltern a domino capitali ratione custodise, vel ratione esctetse, si forte hseredes non existant, &c. "When any one (to whom no right, nor spark of right in the estate belongs,) enters upon a vacant possession, which should not corporeally or vir- tually be possessed, like an ancient disregarded inheritance, which shall have been taken from the heir, or at least from the chief lord by reason of wardship, or on account of escheat, if it happens there may be no heirs living. TJbi quis uxorem suam dotaverit in generali de omnibus terris et tenementis.— — " Where a man shall .have en- dowed his wife generally of all his lands and tenements." In some cases dower was only assigned of a certain part of the freehold. Yida note. Ubi revera. When in truth. Ubi scelus est id, quod non proficit scire, jubemus in- surgere leges, armari jura gladio ultore, ut exquisitis poenis subdantur infames, qui sunt, vel qui futuri sunt rei. Where that infamy exists, which ought not to be known, we command the laws to be enforced, (and) that the au- thorities be armed with the avenging sword, that those in- famous wretches may be overwhelmed with the severest punishment, who are, or shall be guilty of this crime. Ubivis tutior quam in meo regno essem? ^Where should I be safer than in my own kingdom ? XJdal. AUodial. Ul. Any one. Ulnagium. Ell, or yard measure. Ulterius concilium. Further arguments. Ulterius de eadem dixerit. He shall further declare concerning the same (thing). Ulterius non vult prosequi. "He is unwilling to prosecute further." Part of the entry formerly made when the prosecutor wished to stay proceedings. 554 LAW GLOSSAET. Ultima intemtio regis. The King's final resolve. Ultima ratio spoliata ante omnia restitaenda. It is of tlie greatest importance that stolen property should be restored before all other things. Ultima voluntas esset libera. The last will should be made without restraint. Ultimum supplicium. The last atonement: death. Vide " Est autem magna assiza.'" Ultimds haeres. The last heir. Vide note. Ultra mare. Beyond sea. Ultba vires. A term in Scotch law. Beyond the power of. Una eademque persona,^ One and the same per- son. ' Una fiii ; testamentum simul obsignavi cum Glodio, tes- tamentum autem palam fecerat, et iLlum haeredem et me scripserat. 1 was of the party. I signed the will with Glodius, but that will was made openly, and he had ap- pointed him and myself his heirs. Uncia. In Eoman law. An ounce. Uncore pr^t. Always ready. Unde convictus est. Wherefore he is convicted. Unde deterioratus. ^Whereby he is injured. Unde nil habet. From whence he (or she) derives no interest. Unde petit judicium. Wbereby he seeks judgment. Unde petit remedium. "Whereby he seeks relief. Unde statuimus, ut decimas ecclesiasticas omnis populus inferat quibus sacerdotibus, aut in pauperum usum, aut in captivorum redemptionem errogantium ; sic suis orationi- bus, pacem populo et salutem impetrant. "Wherefore we ordain that aU persons bring their tithes to some priests, either for the use of the poor, or for the redemption of wandering captives ; thus obtaining, by their prayers, peace and safety for the people. Undbes. Persons under age. LAW GLOSSARY. 555 Une disposition a faire une mauvaise chose. An in- clination to do a bad act. Ung. One. Ungeld. A person out of tte protection of tlie law. Unica taxatio. A single taxation : an assessment or taxation made for each, person. Unius responsio testis omnino non audiatur. That the evidence of one witness be not regarded. Univeesoeum bonorum. Of all the effects. Univeesoeum, qnse ex questu veniunt. Of all the goods which accrued by profit. Unlage. An unjust law. Uno contextu, uno eodemque tempore. With one series, and at the same time. Uno quorum continetur, inter alia, juxta tenorem et ad effectum sequentem. In one of which is comprised, among other things, nearly to the tenor and effect following. Ukques prist. Always ready. Undm qui consilium daret ; alteram qui contracteret ; tertium qui receptaret et occuleret, pari poense singulos esse obnoxios. That he who gives counsel ; the other who assists ; a third who harbors and conceals, are aU liable to the same punishment. Unusquisqtje per pares suos judicandus est, et ejusdum provincise ; peregrina vero judicia modis omnibus sub- movemus. Every one is to be tried by his equals (or peers), and of the same province (or county) ; but we re- ject by all means strange (or foreign) decisions. Vide note. Upsun. Between sunrise and sunset. Uee. Effect. UsA. Eiver. Usance. Usury : interest. Usee de action. Is the pursuing, or bringing an ac- tion in the proper county, &c. Usque ad filum aquae. To the middle of the stream. Usque ad inferos. ^Even to the lowest depths. 556 LAW GLOSSAKT. UsTJCAFTio. A possession by use: a prescription. Yide note. UsuFRUCTUAEius. One who tas tte use, and enjoys profit of the estate. UsUE^ asses. Pounds of (or for) interest. UsuRA centesima. Usury at one per cent, per month. Usu rem capere. To hold any estate by custom : a title by occupancy. UsDEiA contra naturam est : quia usuria sua natura est , sterUis, nee fructum habet. " Usury (or interest) is against nature ; because interest is in its nature barren and unfruitful." At one time the receiving interest was con- sidered a crime ; probably founded on the Mosaic law, see Exod. c. xxii. 25. Yide note. UsuBiA dicitur ab "usu," et " cere," quia datur pro "usu ceris." It is called usury, from " usu" (use) and " cere" (money), because it is given for the use of money. USUEIA dicitur quasi "ignis urens." It is called usury, as though it were " a coDsuming fire." The He- brew word for interest signifies to bite as a snake. Yide note. USTJEIA maritima. Maritime interest : bottomry. Usus fructibus. " Use by the' profits :" the profits or use of the land or money. Usus fructus rei immobilis, sub conditione fidei ; vel jus utendi prsedio alieno. The use is the profit of a thing immovable, under the condition of a trust ; or the right of using another person's estate. Ut ab inde excluditur. That he be thenceforth ex- cluded. Ut antiquam. As ancient ; as of ancestry. Ut billa aut breve cassetur .• That the bill or writ be quashed, Ut cita mortis periculum sententia sancta eum modera- tur. " As being near the point of death a holy feeling governs him." Thus the- last words of a dying man are LAW GLOSSABT. 557 given in evidence of his murder ; and this has been the law for ages. Ut consanguineo et hersedi.— — As to a relation and heir. Ut currere solebat. As it was wont to run. Ut de bonis suis propriis. As of his own proper goods. Ut de corona. As though (held) of the crown. Ut de feudo. As concerning the fee. Ut de vadio. As concerning a pledge (or mortgage.) Ut de wardo. As (relates) to guardianship. Ut ecce, maritus probatur non concubuisse aliquamdiu cum uxore, infirmitate, (vel) alia causa impeditus : vel erat in ea invaletudine ut generare non possit.-* — Seeing that it is proved that the husband had no knowledge of the wife for a considerable time, being unable, from infirmity, or some other cause : or he was so sick that he had not the power of procreation. Ut feudum antiquum. -As an ancient fee. Ut feudum maternum. As a maternal fee, or one de- scended on the mother's side. Ut feudum patemum. As a paternal fee, or, one de- scended on the father's side. Ut feudum stricte novum. As a fee strictly new : (granted on specific conditions.) Ut hospites.' As guests. Uti. To use. Utile, per inutUe non vitiatur. That which is ser- viceable is not (rendered) invahd by what is useless. Utiles esse opiniones has quis negat cum intelligat quam multa firmentur jurejurando ; quantsa salutis sint foedera religionis ; quam multos divini supplicii metus k scelere revocSrit ; quamque sancta fit societas civium inter ipsos, Diis immortalibus interpositis, turn judicibus, tumtestibus? Who can deny the advantage of these opinions, when he considers how many things may be established by an 558 LAW GLOSSARY. oatli; how precious are the ties of our religious security; how many has the dread of divine punishment withdrawn from crime; and how sacred is the society of citizens among themselves, the immortal gods being placed as well before the judges, as the witnesses ? Vide note. Utilitas vero mercantium, et quod alter populus alte- rius rebus indigeat, fere jus belli, quod ad commercia sube- git. Hinc in quoque bello aliter atque aliter commercia permittuntur, vetanturque, prout e rea sua subditorumque suorum esse consent prinoipis. But the convenience of an interchange of those goods, which one country requires from another, the law of war as respects commerce hath almost prohibited. Hence in every war, commerce is al- lowed or forbidden, as the belligerent powers may conceive to be advantageous, or not. Utinam tam facile vera invenire possem, quam falsa convincere. 1 wish I could as easily find the truth as I can discover the falsehood. Uti non potuit. He was not able to enjoy. Uti possidetis. " As you enjoy" (or retain). This is often used where each party is to retain that which he pos- sesses. Ut jus meum possessarium. As my possessory right. Utlagatus est ; quasi extra legem posgitus. He is outlawed ; placed, as it were, out of the law's protection. Utlaghe. Sax. An outlaw. Utlepb. Sax. Escape. Ut liberum tenementum. — ■- — "As a free tenement :" as a freehold not subject to any conditions. Ut martius populus aliquid sibi terree daret, quasi sti- pendium; caeterum ut vellet manibus atque armis suis uteretur. That the warlike people should give him some lands by way of stipend (or salary) ; but that (as a recom- pense) he would employ his power and weapons. Ut per aspeotum corporis sui constare poterit justiciariis nostris, si prsedictus A. sit plense setatis, neone. That on a LAW GLOSSAEY. 559 view of his person it may appear to our Justices, wnether the aforesaid A. be of full age or not. Ut personaliter, libere et debito modo resignavit. That he resigned personally, freely, and in legal (or due) form. Ut poena ad pancos, metus'ad omnes, perveniat. 'That punishment may come to a few ; (but) fear to all. Ut rector prosteruat arbores in coemeterio. That the rector may cut down trees in the church-yard (or burial- ground). Ut res captse ab hostibus — ef&ciatur duo requiruntur. Primum, quod navis capta ducatur ab praBsidiis ipsium hostium et ab eorum conflnibus. Secundum, quod ita ducta, ut sit in tuto ; nee a militibus occurrentibus mo- mento recuperare possit, et penes eos pernoctarit. With respect to property captured from the enemy — care is taken that two things be required : first, that the ship taken be conducted from the enemies' station, and from their limits ; secondly, that she be so brought out as to be in safety, nor can then be retaken by a military force, and remain in their power a whole night. Ut res magis valeat. That the thing may rather take effect, (or be efficacious.) Ut res magis valeat, quam pereat. That the matter may be of validity, sooner than be lost. Uteum averia carrucsB, captse in vetito namio sint irre- plegibilia? Whether beasts of the plough taken in a prohibited place, are irrepleviable ? Uteum feudum ecclesiasticum , vel laicum. " Whether it be an ecclesiastical or a lay fee." Vide note. Uteum relatus est odio vel malitia. — Whether he be ac- cused from hatred or malice. Ut si duos vel tres testes produxerit ad probandum, oportet quod defensio fiat per quatuor, vel per sex ; ita quod pro quoUbet testes duos producat juratores, usque ad duodecim. As if he produced two or three witnesses 560 LAW GLOSSARY. to give evidence, it behooves that the defence be made by four or six ; so that for every witness, he produce two ju- rors up to twelve. Vide " Gompurgatores" Ut statuta ilia, et omnes articulos in eisdem contentos, in singulis locis ubi expedire viderit, publico proclamari ; et firmiter teneri ; et observari faciat. That he cause those statutes, and all the articles in them contained, to be publicly proclaimed in all those places where he should see fit ; and be firmly held and obeyed. NOTES TO U. TTbi Qtns TJXOSEM, &c. — Dower at the common law was more general be« fore the doctrine of TTses and Trusts had depriTed many widows of their dower. Terms of years, even when the purposes for which they were raised are satisfied, are now sometimes (where regularly assigned in trust ^to attend the fee) made use of as a protection against dower, although the proprietor has, in aU other respects, a clear fee simple. Vide Sugden, Pres- ton, &c. tTLTiMUS HiERES. — The last Heir : he to whom the land comes by escheat, for want of lawful heirs. This is in some cases the lord of whom they are held ; but, in others, the King is the uUimus hceres. Tide Bract, hb vii. c. 17. TjNTrSQTnsQUB PER PARES, c&c. — It Was a fundamental principle in the feudal pohoy, that no freeman could be subjected to new laws, unless by his own consent. In consequence of this, the vassals of every Baron were called to his court, in which there were estabhshed, by mutual consent, such regulations as they deemed most Ijenefioial to their small society; and granted their superior such supplies of money as were proportioned to their abihties, or his wants. As the superior lord, according to the original plan of the feudal system, retained the direct or ultimate property of those lands, which he granted in temporary possession to his vassals, the law, even after fie& became hereditary, still supposed the original practice to exist. tJstroAPTio, signified in the Roman law, when any one obtained the prop- erty of a thing, by possessing it for a certain time without interruption, ac- cording to the law of the Twelve Tables ; for two years, if it were a farm, or immovable ; and for one year, if the thing was mpvable. Ut usus auctori- to, i. e. " occupation gives title." Jus domimi, quod vsu pwratwr fundi Menr nivm, cceterarum rerum annus usus esset," i. e. "the right of inheritance which is acquired in a farm by two years' use, and in all other things by one year's possession." Vide Flin. Ep'. v. L But this took place only among citizens, for admersus Jwstem, i. e. peregrinum ceterna auctoritas erat, Cic. Off. 1. 12 : i. e. " law went against an enemy, i. e. a stranger, as an enduring bar." Bes semper vindicari poterat a peregrine, et nunquam, usv, capi, i. e. " things could at all times be taken from a foreigner, and at no time could he gain prescriptive title." Hence, Gioero says, " Nihil mortdks a diis usu capere possunt," L e. " men could not hold against the gods by prescriptive title." LAW GLOSSARY. 561 If there was any intei-niption in the possession, it was called " uswrpatio " ■which, in country farms, seems to have been by breaking off the shoot of a tree. Vide Gic. da Orat. iii. 28. But, afterwai-de, a longer tune was neces- sary to constitute prescription, espeoiajly in the provinces : namely, ten years among those who were present ; and twenty years among those who were absent ; sometimes a length of time was required beyond remembrance. This method of acquired property by possession was called " longx possessio- nis'prarogaiiva, Yel prescriptio," (L e.l;he prerogative or prescription of long possession). The time necessary to acquire a prescriptive right to real prop- erty, at this day, is different in different countries. tTsuKlA CONTRA NATUEAM, &0.— The interest of money was called by the Eomans, "Famus" rel "Ihnus, Vsura," "Merces," " I^mctus," vel " Impen- dium:" the capital " Ottput," or " Sors," also "Fcenus," which is sometuues put for the principal as well as the interest. "When one .4s was paid monthly, for the use of a hundred, it was called iisura centesima, because in a hundred months the interest equalled the capital This we call twelve per cent, per annum, as Phn. "duodenis assibus debere vel mutitm-i," (i. e. to owe or borrow at twelve per cent.) Ep. x. 62. v. 55. Gentesimus computare. Id. is. 28, which was usually the legal interest at Rome, at least towards the end of the Eepublic, and imder the first Emperors. Sometimes the double of this was exacted, " Una ceniesinue,'" twenty-four per cent. ; and even forty-eight per cent Tide Gic. Verr. iil 70. Horace mentions one who demanded sixty per cent. " Quinas hie capiti mercedes exsecat, i. e. guintupKces usuras exigit, vel quinis centesimis foenerat, i. e. " he takes five interests for the capital," or " he exacts quintuple usury or loans at five centages." Vide Sat. i. 2, 14. After the death of Antony and Gkopaira, A. U. '!95, the interest of money at Rome feU from twelve to four per cent. Dio. IL 21. The Remans commonly paid money by the intervention of a banker, " in foro et de mensce scriptura, magis quam ex area domoque vel cista pecunia nu- merabatur," (L e. at the bank, and by an accountant, more than from the chest, house, or scrutoire), whose account books of debtor and creditor (tcdiu- Ice vel codices accepti, et expensi; mensm rationes), were kept with great care, hence acceptum referre, vide Gic, and amongst later writers, " acceptv/m ferre^' (to mark with the debtor as received) : " Expensum, ferri'' (to mark down on the creditor side). " Raiio accepti atque expensi, inter nos convenit," (i. e. the sum of debt and credit between us agrees). Vide Plaid. In rationem in- dncere (to state on account). There appears to have been considerable cruelty exercised towards Roman citizens by the race of usurers ; perhaps more than is practiced at the pres- ent day in money matters. The student will observe, on reading Jh-ence's Come(fies, what odium was attached to usury ; but the shafts of ridicule strike with feeble effect on hearts made callous by avarice. Gato reprobated usury " Cwnille, dixisset. Quid fcenerarif Fum Gato, Quid hominem, inquit oceidere," i. e. "When (the borrower) said. How will you lend at usury? Then Cato answered, What, would you kill the man ?" Vide Gic. Off. By the law of the Twelve Tables, it was ordained, that insolvent debtors should be given up {addicerentv/r) to their creditors, to be bound in fetters and cords (compedibus et nervis); whence they were called "nexi, obcerati, et addicli" (which see) ; and though they did not entirely lose the rights of freemen, yet they were in actual slavery, and often treated more harshly than even slaves themselves. lAv. ii. 23. If any one was indebted to several persons, and could not find a cautioner (vindex, vel compromissor), within sixty days, his body, literally, according to some ; but, perhaps more probably, according to others, his effects might be cut into pieces (secajri), and divided among his creditors. Vide A. GeU. XX. 1. Thus "Seciio" is put for the purchase of the M;7iofe 6oo(j/ of anyplace, or of the wAofe effects of a proscribed or condemned person, vide Gic. Phil, ii S6 562 LAW GLOSSARY. 26 ; or for the booty or goods themselves. And " Sectores" for the pnrcliag- ers, vide Ascon. in Gic. Verr. i. 23 ; because they made profit by selling tbetn in parts (a seco). Hence, " Sectores coUorum ei tonomm, i. e. qui proscriptoa occidebant ei bona eorum emebant" (Cio. Eoso. Am. 29), i. e. "Dividers of neck and goods, i. e. " those vfbo slew proscribed persons, and sold their goods." To check the cruelty of usurers, a law was made, A. IT. 429, whereby it was provided that no debtor should be kept in irons or bonds ; that the goods of the debtor, and not his person, should be delivered up to his cred- itor. Vide Liv. viii. 28. But the people not being satisfied with this, often afterwards demanded an entire abolition of debts, which they used to call "Hew Tables." But this does not appear to have been ever granted them. At one time, indeed, by a law passed by Valerius Flaccus, silver was paid with brass, as it is expressed, Sallusi. Gat. 33 ; that is, the fourth part of the debt only was paid. Vide Veil. ii. 23. Julius Caesar, after his victory in the civil war, enacted something of the same kind. Vide Gees. Bell. Civ. iii. 1. tTstTEiA DiciTUB QUASI IGNIS UKENS. — In the Middle Ages, the Lombards (a name frequently given to aU Italian merchants in many parts of Europe), engrossed the trade of every kingdom in which they settled ; and they be- came masters of the greater part of its cash. Money, of course, was in their hands not only a sign of the value of all other commodities, but became an object of commerce itself They dealt largely as bankers. The business of a broker, a person who lent out money at interest, was for many ages con- sidered detestable, originating, no doubt, from the strong language of the Mosaic law, and some passages in the Psalms of David. It is very probable tlie words in the text had reference to the enormous usury taken in the Middle Ages, which was frequently excessively cruel. In an Ordonnance, 1295, we find those brokers or usurers styled " Mercatores" and " Campsores." They carried on their commerce with somewhat of that rapacious spirit whi6h is natural to mouopohzers, who are not restrained by the competition of rival trades, and are destitute of every honorable principle. The fathers of the Church had preposterously applied the prohibition of usury in the Scripture to the payment of any interest ; and condemned it as a sin : it is true the Mosaic law forbade the taking of usury or interest by one Jew from another ; however, the Schoolmen, led on by Aristotle, whose sentiments they fol- lowed implicitly, and witliout examination, adopted the same error, and en- forced it. Thus the Lombards found themselves engaged in a traffic which was every- where deemed cruel and odious. They were Uable to punishment, if de- tected, and, consequently, were not satisfied with that moderate premium which they might have honestly claimed, if their trade had been opened and authorized by law. They exacted a sum proportioned to the danger, and also the risk of discovery. Accordingly, we find it was usual for them to demand twenty per cent, for the use of the money in the thirteenth century. Vide Mural Antiq. Ital. vol. i. p. 893. About the beginning of that century the Countess of Flanders wss obliged to borrow money in order to pay her husband's ransom ; she procured the sum necessary, and the lowest usury she paid was twenty per cent. : and some of them exacted nearly thirty per cent. Vide Marten & Burand. Thesaur. Anecdotorwm, vol. i. 886. In the fourteenth century, A. D. 1311, Philip the Fourth fixed the interest which might be legally exacted in the fairs of Ghampagne, at twenty per cent. Vide Ordon. tom. i. 484. The interest of money in Arragon was somewhat lower. As late as the year 1490, it appears that the interest of money in Placentia, was at the rate ot forty per cent. This is the more extraordinary, because at that time the commerce of the Italian states was become consid- erable. Charles the Twelfth fixed the interest in the low countries at twelve per cent. It was complained of at that time as having a pernicious 3fi"ect on LAW GLOSSARY. 563 agriculture and coimnerce. The Lombards were likewise established in England, in the thirteenth century, and a considerable street in the city of London still bears their name. They enjoyed great privileges, and carried on an extensive commerce, particularly as bankers. After the interest of money had for many years fluctuated in England, at last it was enacted by a most excellent statute, made in Queen Anrw^s reign, that it should not exceed five per cent,, which has been the legal interest there ever since, though it is very often lent at a lower rate. This wise law of Queen An-ne is, however, shame- fully evaded by the abominable practice of purchasing life annuiiies, in which there is little risk of losing the principal, while the interest paid is often enormous. In ancient times, if any one after his death was found to have been a usurer, all his goods and chattels were forfeited to the King. Utiles esse opiniones, &c. — Although it would be next to impossible in civil and criminal cases, to dispense with the solemn oWigation of au oath, as a general bond to speak the truth, iu the presence of an omniscient Crea- tor ; yet it has been considered by many reflecting and judicious persons that the multiplication of oaths, which has been so customary during the last century, has rendered them far less sacred in public estimation than formerly : nothing is more pernicious to morals than the too frequent exac- tion of oaths, which is now usual on the most trifling occasions. Indeed, when we observe how^;equently, in every political and civil business, the strongest oath is taken, we cannot but consider that those solemn ideas which every person should feel, when he takes an oath, are gradually weak- ened, till at length its frequency bids fair to obliterate all consciousness of the obligation. Livy informs us that the sanctity of an oath (Jides et jusjnran- da)?i,) had more influence with the ancient feomaras than the fear of laws and punishments. Liv. i. 21. ii. 45. They did not, he says, as in after times, when a neglect of religion prevailed, by interpretations, adapt an oath and the laws to themselves, but every one conformed his own conduct to his oath. Liv. lii. 20, ii. 32, &c. UTRtlM PEUDUM, &0. — It Sometimes hSippened that a dispute arose whether lands were subject to tithes, and feudal services, or not; if they belonged to a Church or a Monastery, they were free of tithes ; and probably of all other feudal burdens. V. Vacantia bona. Property iu whicli no one claims an ownership. Vacatur. It is set aside : vacated. Vaccillantes literatas. Letters written witli a trem- oling hand. Vachivia. Anciently. A dairy. Vadelect In old English law. A servant. Vadiatio duelli. Wager of battle. 564 LAW GLOSSAKT. Vadiatio legis. Wager of laiv. Vadimonium deserere. To forfeit his recognizance, Yadium mortuTim. A dead pledge : a mortgage. Vide note to " Mortgagium." Vadium vivum. — ^A living pledge : as an ox, &c. Vadum. ^A fording-place. Valeat quantTim valere potest. " Let it prevail as far as possible." Let the argument pass for what it is worth. Validioea sunt exempla quam verba, et plenius opere docetur quam voce. ^Examples are stronger than argu- ments ; and instruction can be given better by precedent than by language. Valoe beneficiorum. ^The value (or assessment) of the benefices. Valoe maiitagii. " The value of a marriage." In the feudal times, the Barons often received money on the marriage of their wards. Vide note. Valtasoe. A vassal occupying the second rank, Vana est iUa potentia quse nunquam venit in actum. That power is useless which never comes into ac- tion. Vana quoque ad veros accessit fama timores. ^Idle rumors were often added to well-founded apprehensions. Vaeda. ^In old English. Guardianship. Vas. A pledge. Vassaleela.. The tenure or holding of vassals. Vassallus.— — ^A Tenant : a Vassal : a Feudatory. Vide note. ^ Vassallus qui abnegavit feudum, ejusve conditionem, expoliabitur.-^ — A vassal who has disowned his fee, or (denied) his covenant, shall be deprived (of his land). Vide note. Vastum. ^Waste. Vide note. Vavasoes. An ancient name of dignity next below a peer. Vide note. LAW GLOSSAEY. 565 Veage. ^Voyage. Vecoein. The crime of stopping one upon tlie way- side. Yeel- Old. Vel causam nobis significes, Or that you may make known the cause to us. Vel consuetudines loci. Or the customs of the place. Vel ex similibus. Or of like matters. Vel extra iQud contractum, Or agreed for besides that. Venaela.. In old English law. Animals that were hunted. Venationes, et sylvaticas vagationes, cum canibus, et accipitribus. Hunting, and wandering in woods with dogs and hawks. Venditioni exponas. That you expose to sale. Venditio per mutuam manuum complexionem. A sale by mutual shaking of hands. Veneficia. Poisonings. Venelia. A narrow, or strait way. Venia setatis. Privilege of age. Veniee ad respondendum. To come to make answer. Venire de novo. — '■ — To come anew. Veniee de placito, et ejectione. To come, concerning the plea and ejectment, Veniee facias. That you cause to come. Veniee facias ad respondendum. That you cause to come to make answer. Veniee facias de novo. — r-That you cause to come anew. Veniee tam quam. To come as well. Veniee tam triandum, quam ad inquirendum. To come as well to try (the cause) as to make inquisition. Venit et defendit vim et injuriam. He comes and defends the force and injury. Venit et defendit vim et injuriam, quando et ubi curia 566 LAW GLOSSAET. consideravit ; et damna et quicquid quod ipse defendere debet, et dicit, &c. He comes and defends the force and injury, when and where the court has considered; and the damages, and whatsoever he to ought defend, and says, &c. Venit et dicit. Comes and says.' Venkee. ^Vanquished. Ventee inspiciendo. ^The name of a writ. Vide note. Venue. The place from which the jury come. Veeba attendenda, non os loquitur. ^Words aje to be attended to more than the orator. Veeba cartarum fortius accipiuntur contra proferen- tem. The language of deeds should be taken forcibly against him who produces them (or gives them in evi- dence). Veeba fortius accipiuntur contra proferentem. • Words are taken more strongly against him who asserts them (as the grantor, feoffer, &c.). Veeba generalia restringuntur ad aptitudinem rei. • General words are to be restricted to the fitness of the subject. Veeba intentione debent inserviri. ^Words ought to be governed by the intention. Verba intentionis, et non contra, debent inservire. The meaning of the words, and nothing else, should be re- garded. Veeba ita intelligenda sunt, ut res magis valeat quam pereat. Words should be so understood that the matter may avail rather than be of no utility. Veeba precaria. Words of trust. Veebis aut cantilenis. ^By words or songs. Veebxtm impetrfecti temporis, rem adhuc imperfeotam fiignificat. ^A word of time imperfect, shows that the matter is incomplete (or unfinished). Veeebat. ^A ship in which goods are transported. LAW GLOSSARY, 567 Vkredicto non obstante.' ^Notwithstanding the ver- dict. Veredictum, quasi dictum veritatis. A verdict, as though it were the decision of truth itself. Verge. A staff, or ensign of ofiSce. Yergens ad inopiam. In Scotch law. In declin- ing circumstances. Veritas nominis tollit errorem demonstrationis. The truth of the name removes the error of the descrip- tion. Veritas visu, et morS: falsa, festinatione et incerta, valescunt. Truth is strengthened by investigation and delay : falsehood requires haste and uncertainty. Veritatem dicere. To speak the truth. Veritatis simplex oratio est. The language of truth is simple. Vert. Fr. Verth, i. e. Yiridis, of a green color, other- wise called " Oreenhuer This word signifies everything that beareth a green leaf within a forest that may cover deer ; but especially large and thick coverts. Veruntamen non ita prsecise recipiendus est locus in quo contractus est initio, ut si partes in alienum contra- bendo locum respexerint. lUe potius considerandus ; nam contraxisse unusquisque in eo loco intelligitur in quo sit solviri. Nevertheless that place is not so especially to be regarded in which the contract originated, but that the parties may consider it to have been made in some other place. That (the place where the payment is to be made) is rather to be regarded ; for every person is understood to have contracted where the payment should have been made. Veruntatem, &c., locus in quo contractus, &c., potius considerrand', ubi obligavit. Truly, &o., the place where the contract was made is rather to be considered as that where he bound himself (to pay). Vestura terrse. The vesture (or crop) of the field. 568 LAW GLOSSAET, Yesque. ^Bishop. Yetant leges sacratse, vetant duodeeim tabulae, leges frangentur privatis hominibus irrogatae, enim est privile- gium. Nemo unquam tulit, nihil est crudeUus, nihil per- niciosius, nihil quod minus hsec civitas ferre possit. The sacred laws forbid, the Twelve Tables forbid, that the laws ordained for private persons should be broken, for that is their privilege (or peculiarity). No one ever suffered it, nothing is more cruel, nothing more injurious, nothing that can be more intolerable in the city than this. Yetijstas semper pro lege habetur. Antiquity shall always b& esteemed as law. Yetustate temporis, aut justiciari cognitione roborata. Confirmed by antiquity, or strengthened by judicial cognizance, * Yesata qusestio. A mooted point : a disputed ques- tion. YlADATloduelli. The pledge to fight in single combat. YiA facti. The bearing (or import) of the deed. YiAGiUM usque ad finem designatum. The voyage to the end (or place) appointed (or agreed upon). YiA regia. The highway, or common road, called the King's way. It is sometimes called '■'■ via militaris," ^q military way. YiA trita : via tuta. The customary way is the safe one : the beaten path is the sure one. Yi aut clam. By force or covertly. Yl bonorum raptorum. Of goods forcibly taken . YiOECOMES in propria persona assumptis secum duode- cim, &c., acoedat ad locum vastatum et inquirat. The sheriff in his own person, taking with him twelve, &o., proceed to the place wasted, and make inquisition. YiCECOMES non misit breve. The sheriff has not sent the writ. LAW GLOSSARY. 569 ViCEM personarum ecclesise gerere.- To do the duty as parson of the church. VicnsTA. The neighborhood. ViciNETUM, or visnetum. " A neighboring place ;" " Locus quern mcini habitant," (the place which the neigh- bors inhabit). The place from whence a jury were to come for the trial of causes. [The reason.why jurors were for- merly chosen from places adjacent to the litigating parties, was their knowledge of their characters.] VicoNTiEL. The name of a roll under which the sheriff collects rents. ViCTUS victori in expensis condemnandus est. The vanquished is to be condemned in costs to the con- queror. ViDENDUM est igitur ut ea liberalitate utamur quae pro- sit amicis noceat nemini. Nihil enim est liberale quod non idem justum. Consequently it is to be observed that our hberality which rewards our friends must not in- jure another. Nothing can (truly) be called liberal that is not (strictly) just. ViDETUR cognitio requisita in utroque. It appears that a recognizance is required on both sides. Vidimus. We have seen. Vidua regis. The widow of a crown vassal who could not marry a second time without the King's consent. Vi et armis. ^By force and arms : by unlawful means. Vi et armis, de filio, vel filia, rapto, vel abducto. With force and arms, in respect of the son or daughter being taken, or carried away. Vi et armis, de uxore rapta, et abducta. With force and arms, the wife being taken, and carried away. Vi et armis et contra pacem. With force and arms, and against the peace. , Vl et armis, videlicet, baculis, cultellis, arcubus et sagit- tis. With force and arms, (to wit,) with clubs, knives, bows and arrows. 570 LAW GLOSSAET. VlGlLAiTTiBUS, et non dormientibus leges subvenilint. -The laws protect the vigilant, not the slothful. ViGiLANTiBus, et non dormientibus, servat lex. ^The law assists those who watch, and not those who sleep. ViGlLANTiBUS, et non dormientibus succurrant jura. ■ The laws assists the vigilant, not the careless. ViGiLAUTiBUS jura subveniunt. Laws assist the vigilant. YlGlLlA. "A vigil:" the eve, or next day before any solemn feast ; because formerly Christians were wont to watch, fast and pray in their churches, preparatory to such solemnities. ViGiNTi annorum lucubrationes. The studies of twenty years. Viis et modis. By ways and means. ViLLANA faciunt servitia, sed certa et determinata. They perform villein services, but they are certain and fixed. ViLLANi. Villeins : bondmen. ViLLANUM soccagium.^ " A villein socage ; a base holding." The tenure at one time of a considerable part of the lands of England. ViLLENAGiOEUM, aliud purum, aliud privilegiatum. Qui tenet in puro viUenagio faciet quicquid ei praeceptum fiierit, et semper tenebitur ad incerta. Aliud genus vil- lenagii dicitur villanum soccagium ; et hujusmodi villani socmanni villani faciunt servitia, sed certa et determinata. ■ Of villeinages, one is pure, the other privileged. He who holds (land) in pure villeinage shall do whatsoever he has been required to perform ; and he shall always be held to uncertain services. The other kind of villeinage is called villein socage ; and villein sockholders of this de- scription perform villein (or mean) services, but they are certain and determined. Vide Tiote to " /Servi" Sc. ViLLEKAGiUM privilegiatum. A privileged villein- LAW GLOSSAET. 571 Vinculo matrimonii. In tlie bond of wedlock. Vinculum personarum ab eodem stirpe descendenlium. — A band (or race) of persons descending from tbe same stock or lineage. Vinculum personarum, ab eodem stirpe decendentium, vel asoendentium, carnali propagatione in matrimonio.- — The connection or relation of persons, descending or as- cending from tbe same stock begotten in wedlock. Vinculum pacis, et nervus belli. The bond of peace and strength of war. ViNDiCES injuriarum. The avengers of wrongs. Violator legum. A transgressor of the laws. ViRGA. A yard. ViRGA ferrea. The iron yard. ViRi et mulieris conjunctio, individuS vitse consiletu- dine cum divini et humani juris communicatione. ^The union of husband and wife according to the inseparable custom for life, partakes both of the divine and human law. Viet magnse dignitatis. Men of high rank. ViRI quantas pecunias ab uxoribus dotis nomine accepe- runt, tantas ex suis bonis, sestimatione facta, cum dotibus communicant. Hujus omnis pecuniae conjunctim ratio ha- betur, fructueque servantur. liter eorum vita superavit, ad eum pars utriusque cum fructibus superiorum temporum pervenit. So much money as the husbands receive with their wives by way of (marriage) portion, so much of their own goods, upon a valuation being made, is imparted (or conferred) with the dower. The consideration of this whole money is held jointly, and the profit (or interest) is preserved. Should one survive the other, the share of both, with the interest for the time elapsed, accrues to the survivor. ViRO et uxori et hseredibus suis, (vel) viro et uxori hseredibus comunibus, si tales, vel non existerint, tunc ejus hseredibus qui alium supervixerit. " To the hus- 572 LAW GLOSSAET. band, wife, and their heirs, (or) to the husband and wife, and their common heirs, if such shall exist ; then if none remain, then to the heirs of him, or her, who shall sur- vive." These were words of limitation used in some an- cient grants of land. ViRTUTE dimissionis. ^By virtue of the demise. YiRTUTE dimissionis quousque postea, scilicet, 4th Sep- tember, 2 Jac. By virtue of the demise until afterwards, to wit, on the 4th September, 2d James. ViETUTE ejus hospitaKtatis. On account of his hos- pitality. Vide note. YiETUTE officii. ^By virtue of the office. Vis armata, Armed force. Vis clandestina. Clandestine force. Vis divina. The act of God. Vis fluminis. The force of a stream. Vis inermis. Unarmed force. Vis laica. ^Lay force. Vis major. ^A greater force (or power). Vis major ; vel causus fortuitus. Greater power ; or a chance case. ViSNE. A neighborhood. ViSUS franchi plegii. ^View of frank pledge. Vita omnis in venationibus, atque in studiiS i-ei nulitaris consistit. Their whole life consists in hunting, and the study of military affairs. Vita testatoris. In the testator's lifetime. Viva voce. ^Verbally. VrvEVors. The testimony of a witness. VrvuM vadium. rA- Hving pledge. VoBis prsecipimus quod si ita sit, tunc sigilla vestra ap- ponatis. We command that if it be so, then set your seals. VooABULA artis. Technical terms. VoCAEE in jus, To summon to court. VoCATA ad concionem multitudine, quae coalescere in LAW GLOSSARY. 673 populum unius corporis nulla re prsBterquam legibua poterat. The multitude, being called to the assembly, which could grow into a people of one community by no operation except by the laws. VocATio in jus. Summoning to court. Vide note. VocEM non habere. A phrase made use of by Bracton, signifying an " infamous person ;" one who is not admitted to be a witness. YooHEH. To vouch, YcBVE. Widow. VoiLoiE. A -will. VoiEE dire. Witnesses are sometimes examined upon the "voire dire^'' previously to their being examined in chief; this is done to ascertain whether they are interested in the cause at issue, or labor under any other incapacity which may render them incompetent to give evidence. VoLATlLLi quae sunt ferae naturse, alia sunt regalia, alia communia. Fowls of the air, which are of a wild na- ture ; some are royal, others are common. VOLATUS cygnorum, et cygnettorum ferorum vocatus. Called a flight of wild swans and cygnets. Volenti non fit injuria. " An injury cannot be done to a wiUing person." If a person consent to a wrong, he cannot complain. Volenti non fit injuria, si dolo sit inductus ad consenti- endum. If a person be willingly induced to consent to a fraud, he receives no injury. VoLO et prsecipio ut omnes de comitatu eant ad comita- tus et hundreds, sicut fecerint tempore Eegis Edwardi. I will and command that all persons of the county repair to the county and hundred (courts), as they did in the time of King Edward. VoLuiT Hgamenta coifse suss solvere, ut palam mon- strare se tonsuram habere clerioalem ; sed non est permis- sua. Satelles vero eum eripiens, non per coifae ligamina, sed per guttur eum apprehendens, traxit ad caroerem. — - 574 LAW GLOSSARY. He was desirous to unloose the strings of his cloak (or hood) to show openly that he was shorn for the priesthood; but he was not permitted. For the officers seizing him, not holding him by the strings of the cloak, but by the throat, dragged him to prison. VoLUiT, sed non dixit. He was -WTlling, but said nothing. Voluntas donatoris. The will of the testator. Voluntas regis in curia ; non in camera. The will of the King in his court (of law) ; not in his chamber. Voluntas reputabatur pro facto. The will should be taken for the deed. Voluntatis nostrre justa sententia de eo, quod quis post mortem suam fieri velit. ^The true meaning of our will respecting that matter, which every person desires to be performed after his death. Votum castitatis solemne. " The solemn vow of (per- petual) chastity." This was formerly, by the canon law,- considered as an impediment to matrimony. Vouchee. The person vouched in a writ of right, &c. Vouchee." A word of art when the tenant in a writ, of right calls another into the court, who is bound to him , to warranty; and is either to defend the right against the demandant, or yield him other lands to the value. Vous etes charges de rendre justice aux peuples com- mencez par la rendre a vous mdsmes.- You are ap- pointed to render justice to tha people; begin by doing justice to yourselves. VuLGO qusesiti. Spurious children. NOTES TO V. VALOn MARiTAan. — It ia almost impossible to conceive the degradation mankind may submit to without education ; or the covetous meajis men had recourse to Vi'here there was no legal restraint. We And that even the wor- riage of the tenants! orphan daughters furnished occasions for the rapacity of the Barona in the feudal ages. LAW GLOSSABY. 575 Vabsaltts. — A vassal. This -word in ancient writers signiflea a Tenant, or fhidatory : a person who vowed fidelity and homage to a superior, on ac- count of land, &c., held of him. It also sometimes means a slave, or servant, and especially a domestic of a prince. Vide Du Cange. Tassalus qui abnbgatit, &c — That was one of the offences by which the "Vassal forfeited his Fee, "if he denied that he held of his Lord:" ho also forfeited it, if he transferred it without the consent of the Lord, by which he might lose his services ; or have a tenant imposed upon him unable to go to the wars, when called upon. Vastum. — Waste. This word has divers significations ; but it is generally appropriated to a spoil in houses, woods, lands, &c., to the prejudice of the heir, or of him entitled to the reversion or remainder. Vide Kitchen, foL 168. Vavasors. — The first name of dignity next beneath a peer, was, at one time, that of " Vidamei," " Vicedomini" " Valvasors," or " Vavasors;" who are mentioned by ancient lawyers as " Viri magnm dignitatis," (men of ex- alted rank,) and Sir Edward Coke speaks highly of them : yet so mutable is all earthly honor that we now scarcely hear their names ; and legal antiqua- rians are not agreed upon their original or ancient office. Vide Black. Com, 1. 0. 12. Bract, lib. I.e. 8 : also Spelman, Ventre inspiciendo. — Thomas de Aldham of Surrey, brother of Adam de Aldham, Anno. 4 Sen. IIL claimed his brother's estate, but Joan, widow of the said Thomas, obtained the writ "De venire inspiciendo," directed to the Sherifif of the county, as follows: " Quod assumptis tecum discretis, eifldelibus militibus, et discretis et legalihus mulieribus de comitalu tuo in propria persona accedas ad ipsam Johannam, et ipsam, a prcedictis mulieribus, coram pr^fatie militibus videri facias, et diliyenter tractariper ubera et ventrem, et inquisitionem factam, certificari facias sub sigillo tuo, et aigillo militum, justiciariis apud Westmin.," (tc. That honorable and trusty Knights with discreet and proper matrons being had from the county, you (the Sheriff) go in person to Joan, and cause her to be examined and carefully searched in the abdomen and breasts by the said matrons in presence of the said Knights ; and that search so made be certified under your (Sheriff's) seal, and the seal of the Knights, to our court at Westminster, &c. In Easter term, 39 Eliz., there is mention of a peculiar case of this nature. A writ was then issued out of Chancery, into the Common Pleas, on the prosecution of Percivai Willoughby, who had married the eldest of the five daughters of Sir Francis Willoughby, who died without any son, but left a widow named Dorothy, who, at the time of his death, pretended to be pregnant by Sir Francis, and if a son were born all the five sisters would thereby lose the inheritance descended unto them. This writ was directed to the Sheriffs of London, and they were commanded to cause the said Dorothy to be viewed by "twelve Knights," and searched by " twelve women," in the presence of the twelve Knights, " ad tractandum per libera, et ad ventrem inspiciendum," i. e. "to handle the breasts and ex- amine the abdomen," whether she were with child or not; and to certify the game to the Court of Common Pleas ; and if she were with child, to certify how long, in their judgments, "et quando sit paritura," and when likely to be delivered. Upon which the Sheriffs accordingly caused her to be searched; and returned that she was twenty weeks gone with child, and that within twenty weeks more, "fuii paritura," she was to be delivered. Thereupon an- other writ issued out of the Common Pleas, requiring the Sheriffs safely to keep her in such a house, and that the doors should bo well guarded ; and that every day they should cause her to be viewed by some of the women named in the writ; and that when she should be delivered, some of 576 LAW GLOSSAET, them should be with her, to view the birth, whether it were "male ot female" to the intent that there should be no falsify. And upon this writ the Sher- iffs returned, that they had caused her to be kept and viewed : and that on such a day she was delivered of a daughter. The consequence was that tho estate descended to the six daughters, whereas had a son been bom, by the law of the English primogeniture, all the five daughters of Su- Francis would have had no interest in Ma lauded property. Tide Gro. Eliz. 566. Cro. Jac. 685. Jfoore, 523. Viie also Sx parte Ay sc(mgh,Feere Will, li-in. Term. 11 31. ViETtTTE EJUS HOSPlTALiTATis. — Bospitdlity. The rites of hospitality were acknowledged and practiced from the earliest antiquity, and in the most bar- barous ages. Natural feeling taught men to receive the stranger with kind- ness, in times when there was no commercial intercourse between different countries, and nothing but necessity could induce an individual to leave his home. We find hospitality enjoined in the Mosaic writings ; in the poems of ffomer, as well as among the Arabs, the Germans, and almost all the nar tions of antiquity ; but different ideas were held in different places as to the degree and extent of the service which was due to the guest. In this re- spect, no people surpass the AraJis. Among them the host receives the stranger who comes to his tent with paternal kindness. If his provisions fail, he conducts his guest to his neighbor, who now entertains them both with equal generosity. Tliis simple custom was consecrated among the Greeks by their rehgion. Jupiter, who was hence surnamed "the Hospita- ble" (Xenios), was the guardian of strangers, and the avenger of the injuries offered them. We learn from Homer the belief that the immortals sometimes appeared on earth in human shapes, and contributed to the observance of the rites of hospitality. In the early times of Greece, when increasing commer- cial intercourse compelled men to take frequent journeys, individuals entered into agreements to afford each other mutual entertainments, whenever busi- ness diould bring either of them into the country of the other ; and this was promised not only for themselves, but for their children and posterity. In Homer, we find this custom spoken of. The visitor was kindly saluted ; he was bathed, clothed, entertained, and his conversation listened to with pleas- ure. After nine days, if the stranger had not previously made himself known, the question might be put to him, " Who, and whence art thou ?" If he de- clared himself to be connected by ancient ties of hospitality between their ancestors, his host was rejoiced to have renewed the ancient bond. Still more welcome was the guest, if he could show half the ring broken betweei . their fathers, in perpetual token of their agreement. The host made pres- ents to his guest at his departure ; which was carefully handed down in the family. Vide Encyclopcedia Americana. VooATio IN JUS. — Or summoning to court. If a person among the ancient RomOMB had a quarrel with any one, he first tried to make it up, lHem com- ponere vel dijndicare, i. e. "to agree or settle the dispute" in private, "inter parietes," i. e. vrithin the walls (or at home). Vide Gic. pro P. Quint, v. 11 : "per disceptatores domesticos, vel opera amicorum," i. e. "by private arbitral tors or the intervention of friends." Vide Ccecin. 2. If the matter could not be settled in this way (Im. iv. 9), the plaintiff (actor vel petitor) ordered his adversary to go with him before the Prcetor, "in jus voocibit" (he called him into court), by saying to him, "In jus mco te." ft call you to court.) "In jus eamas." (Let us go to court). " In jus veni" (come to comi). "Sequere ad tribunal^' (follow to the tribunal). " In jus arribula" (walk to the court), or the like. Vide Ter. Phorm. v. 1, 43 and 88^ If he refused, the prosecutor took some one present to witness, by saying, "Licet amtestarif" (May I take you to witness?) If the person consented, he offered the tip of his ear (ait- ricuhm opponebat), which the prosecutor touched. Vide Hor. Sat. i. 9, 16. Then the plaintiff might drag the accused (rejim) to court by force (fnjm ra- LAW GLOSSARY. 577 pere), in any Tvay, even by the neck (pitorio cotto). Vide Gic. et Plant. Pom. iii. 6, 45. According to the law of the Twelve Tables, " Si ccdvitur (moratwr) pcdumve struit (fugit vel fugam adomat) manum eundo jucito {injicito), i. e. "If he delays, or makes tracks (betakes to flight), arrest him." Pesius. But worthless persons, as thieves, robbers, Ac, might be dragged before a judge without this formality. Vide Plant. Pers. iv. 9, v. 10. By the law of the Twelve Tables, none were excused from appearing in court, even the sick and infirm. If they could not walk, they were furnished with an open car- riage (jumentum, i. e. plaustrum, vel vectahulum, GeU. xx). But afterwards this was altered, and various persons exempted, as magistrates ; those absent on account of the state ; matrons ; and boys and girls under age. It was likewise illegal to force any person to court from his own house ; because a man's house was esteemed his sanctuary (iutissimvm, refugiv/m, et receptacu- lum). But if any one lurked at home to elude a prosecution, he was sum- moned three times, with an interval of ten days between each summons, by the voice of a herald, or by letters, or by the Proetor's edict ; and if he stiU did not appear (si non sisteret), the prosecutor was put into the possession of his effects. If the person cited found security, he was let go. If he made up the matter by the way (eundo via), the process ceased. Hence, perhaps, may be explained the words of our Saviour. Matt v. 25. w. "Wacbeour. A worthless fellow. Wacta. Watcli. Wadia. Pledge. Waftobes. The officer whose duty it was to protect .Sie fishermen on the coasts of Suffolk and Norfolk. Waive : Waif : Wayf. A stolen article which the thief has thrown aside in his flight for fear of detection. W AINABLE . Tillable. Walapang. In Lombardic law. To disguise one's self in order to commit theft. Walda. Sax. A thicket. Wallia: Walla. Sax. A waU to protect lands against the sea. Wallia statutum. 'The statute of Wales. Wannagium.' A certain allowance of land to be apportioned to each plough. Wadset.' Is a right whereby lands, &c., are pledged as security for a certaia sum. 37 573 LAW GLOSSAEY. Wapentake.— — ^What is called a Hundred is in many- places in England, called a Wapentake ; because, it is said, that annually, at public meetings, the people confirmed their union or acquiescence with the Grovernor by Uiuching his weapon, generally a lance. Waea. A measure of land. Waed^ cancellarii omnes fiunt minores pro defectu pa- rentum, et guardianum. All minors are made wards of chancery who have neither parents nor guardians. 'Waeactiam. Fallow land. Waed-corn. In English law. The necessity of keeping guard with a horn to use upon times of surprise. Waed-mote. A court held in each ward in London. Waed-penny. — : — A fee paid to the sheriff for watching a castle. Waedegmot. Sax. A court held in a ward. Waeenna. A warren. "Waegus. An exiled person. Waeniamentum. In ancient law. A garment. Waenistuea. Anciently.' Furniture. Waeeanti^ chartEe. The warranties of the deed or charter. Waerantizo. 1 warrant. Waeeanto vendidi, 1 sold under a warranty. Waeeantizakdo vendidit. He sold under a war- ranty. Wastel. Bread of the finest kind. Wastinum. Land not under cultivation. "Wavesojst. Goods that float on the water after a wreck. "Weald. Sax. A wood. Wep. A waif. Wehadinc. Trial by battle. Wend. A circuit. ; Were. — ^Sax. A price. Weeegild. A fine paid in the reign of all the Sajxan, L»A"W GLOSSARY. 579 kings in England as a redemption for committing homi- cide : also an amercement formerly paid to the king, lord of the fee, and relations of the party slain, where a person had committed murder. Vide note. Weepire. To throw away. Weera. War. Wervagium. Anciently. Wharfage. Weyviare. To abandon, Wic: WlK: Wyc. House. WiFA. — —In old law. A mark. Wigeeve. A superintendent of a wood. WiTA. In Saxon law. A fine paid for an offence. WiTAN. — — Sax. Men of learning and wisdom. WiTHEENAM. A distress unlawfully taken out of the county and another distress made. Vide note. WiTTEMON. Sax. Dower. WiTTENA-GEMOTE. The annual general council of principal men : held among the Saxons prior to the con- quest. Vide note. Wladarius. In Polish law. A steward. WoLFESHEAD. An outlaw : meaning a person who might be killed with impunity like a wolf. NOTES TO W. ■Weresild, or "Weesild. — This fine was paid partly to the King for the toss of a subject, and partly to the next of kin of the person slain. Vide L. L. Hen. I. In the Saxon laws, particularly in those of King Aihelsian, the several Weregilds for homicides were establislied in progressive order, from the death of the Oeorl, or peasant, up to that of the King himself And m the laws of Eenry the First, there is an account of what otiier offences were then redeemable by Weregild, and what were not so. The Weregild of a Oeorl was two hundred and sixty-six thr'ysma : that of the King, thirty thous- and; each thrysma was equal to about one shilling sterling. How lowly estimated must have been the heinous crime of murder, when human life could be even wantonly taken away, and the punishment due for the offence commuted for money I ■WiTHEKKAM. — From the Sax. " wither^' i. e. "Itera, or as some say " con- tra," and ''nam," capio Where a distress is driven out of the county; and the sheriff, upon replevin, cannot make deliverance to the party distrained 580 LAW GLOSSAB"?. upon : in this case the writ of WWherTuxm is directed to the sheriff, for the taMng of so many of his beasts or goods, who did thus unlawfully distrain, into his (the sheriff's) keeping, until the party make deliverance of the first distress. It is, therefore, " a taking or reprisal of other cattle or goods in lieu of those that were formerly unjustly taken away or eloigned, or other- wise withdrawn." Tide F. N. B. 68, 69. 2 Inst. 140. ■WiTTENA-QEMOTE. — ^When a litigating party considered himself aggrieved by a judgment in an inferior court, or by favor or affection shown at the trial of the cause, there lay an appeal to the King, in the general assembly of the state, called the 'WiTTENA-aEMOTE, which was convened annually, or oftener, where the Sovereign pleased, to consult on public business, to try great offenders, and which, in short, had the highest jurisdiction. To this superior court, as the ErigUsh nation emerged from its state of barbarism, and civihzation assumed different pursuits, whereby litigation increased, ap- peals became frequent, so that the intervention of the Wittm^gemote was generally made use of in matters of importance. But, notwithstanding the exercise of this appellant jurisdiction consumed a considerable time of the sitting of this Great Assembly, it does not appear that there was any other tribunal erected for the hearing and investigation of appeals from the inferior courts : and such appears to have been the nature of the jurisprudence of the- country, until the time of the Norman Conquest. Tide note to " Quoties heUa," Ac, and to "De minorilus rebus,'''' &c. Y. Yalemaines. However. YcEMENT. In a similar way. YCEUX. Those or them. YcoNOMius. In ancient records. A patron: defender. Ybme. In French law. Winter. Yeoten : TETEN.' In old English. Given. Yeulx. Eyes. YiNGEMAN. In old law. Englishman. Yternagium. ^In old law. Winter-seedness. z. Ztgostates. Gx.-Lat. One appointed to oversee the •weighing in a trade between buyer and seller, in order to prevent fraud or quarrels.