(Snrnell iEaui ^rtjocl lOibrarij Cornell University Library KF 159.T23 1856 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022836336 THE LAV GLOSSARY: BEING A SELECTION OF THE GREEK, LATIN, SAXON, FRENCH, NORMAN AND ITALIAN SENTENCES, PHRASES, AND MAXIMS, TODND IN THE LEADINO ENGLISH AND AMERICAN REPORTS, AND ELEMENTARY WORKS. WITH HISTORICAL AND EXPLANATORY NOTES. ALPHABETICAL!,? ARRANGED, AXD TRANSLATED INTO ENGLISH, TOR THE USE OF THE MEMBERS OF THE LE8AL PROFESSION, LAW STUDENTS, SHERIFFS, JUSTICES OF THE PEACE, ETC. ETC. DEDICATED, (BY PEK1DS9ION,) TO THE HONORABLE JOHN SAVAGE, LATE CHIEF JUSTICE OF THE BUFBEUE COURT OF THE STATE OF SEW YOEE. BY THOMAS JT.AYLEK, AXTTHOE OP "PBEOEDENTS OP "WILIS, DRAWN CONFORMABLE TO THE REVIBED STATUTES OP THE STATE OF NEW TOEK." FOURTH EDITION, REVISED, CORRECTED AND ENLARGED. BY A MEMBER OF THE NEW YORK BAR. NEW YOEK: LEWIS & BLOOD, LAW BOOKSELLERS AND PUBLISHERS, NO. 84 NASSAU STREET. 1856. 5 H9I^ Northern District of New York t ss. : Be it remembered, That oa the second day of November, in the fifty-eighth [L. S.] year of the Independence of the United States of America, A. D. 1883, 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 Elackstone, Sir Francis Buller, Vezey, Chancellor Kent, Beeves, Durnford and East, Taunton, Sellon, Johnson, Cowen, Sugden, Preston, Bo- sanquet, 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, Sheriffs, Justices of the Peace, &c, &c. Dedicated (by permission) to the Honorable John Savage, Chief Justice of the Supreme Court of the State of New 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. EUTGEE B. MELLEE, Clerk of the Northern District of New York. Entered according to Act of Congress, in the year 1845, by James J. Stewabt, in the Clerk's office of the District Court of the United States, for the Southern Dis- trict of New York. Entered according to Act of Congress, in the year One thousand eight hundred and fifty-five, ' BY LEWIS & BLOOD, In fc * Clerk's office of the District Court of the Urfited States, for tho Southern District of New York. John W. Amerman, Printer, No. 60 William-street^ N. Y. PREFACE, Whether or not it is to be regretted that almost all onr 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 with 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 great 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, affecting the sense or spirit of the passages. Many of onr 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 non seripta of our ancestors, founded on the traditional consent of many successive ages. Lord Coke remarks "that the Maxims of the Common Law are as eternal as nature's rights, control acts of parlia- ment, and adjudge them void, when made against common right and 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 superfluously inserted, are, in fact, abso- lutely necessary, inasmuch, as by referring to their contexts, passages of considerable importance will often be found attached to them. 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 Blacksione, 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 Roman 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 Roman 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 Roman Law will he 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- ular 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. All 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. New Yoek, March 1st 1855. CERTIFICATES. Albany, February 1st, 1830. Sib — Yours of the 26th nit. 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 Savage. Having been favored with a sight of " the Law Glossary," trans- 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. O. Bbldbn, 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 usefulness — the labor of the compilation must have been immense. John Van Ness Yates, (late Secretary of State.) Albany, April 16, 1832. Having read the greater part of " the Law Glossary" with profit and much gratification, I can cheerfully recommend it as an elaborate, accurate, and useful book. It will be found valuable to all othei literary and professional men, as well as to gentlemen of the bar. Albany, Oct. 28, 1833. J A s. E. Wilson, D.D. LAW GLOSSAKY. 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 in the early history of that office. Abactor. Among the Eomans, a stealer or driver away of cattle. Abalienatio vel translatio dominh 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. Abarnare, from Sax. Abarian. 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. Abbattre maison.- To ruin or throw down a house. Abbettavit, incitavit, et procuravit, &c, He abetted, incited, and procured, &c. Abbrocamentum. The forestalling of a market or fair. Abbttttals. Properly, the limits or boundary lines 8 LAW GLOSSARY. of lands on the ends, as distinguished from those of the sides. Vide note. Abcariare.' To take or carry away. Abdite latet. He lurks privily. Abditohium.' An abditory or hiding place to conceal plate, goods, and money. It is also sometimes used for a place in which relics are preserved. Abducere. To abduct, to take away by force. Abearance. Deportment, bearing, or behavior Abegit pecora. He drove away the cattle. Aberemurder. Plain or manifest murder, as dis- tinguished from the offence of manslaughter and chance- medley. The Saxon word for open, or manifest, is "oebere." 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. Abiaticus. A grandson. Abigeator. See Abactor. Abigei. Persons who stole cattle. Ab inconvenienti. From the inconvenience. Ab ingressu ecclesias. " From entering the church." These words composed part of the writ of excommuni- cation. Ab initio. From the beginning. Ab intestate From (or by) the intestate. Abjectire. To lose a cause by default or neglect to prosecute. ABJUBICARE. To deprive of a thing by the decision of a court. Abjurare. To forswear; to renounce or abandon upon oath. Abmatertera. A great great grandmother's sis- ter. LAW GLOSSARY. 9 Abnepos. A great great grandson. Abneptis a great great grand-daughter. Ab officio et beneficio. From the office and benefice. Ab olim ordinatum. Formerly constituted. Ab olim consensu. By ancient consent. Abpatruus. A great great grandfather's brother. Abrasio. An erasure. Abroceur. A broker. Abrogate. To repeal. Absoile. To absolve, to pardon. Absolute Conveyance. — Conveying the right or prop- erty in a thing free from any condition or qualification. Absolute Eights. — The rights which belong to per- sons as individuals, viz., the right of personal security, personal liberty, and the right to acquire, hold, and dis- pose of property. Absolute Warrandice. A warranty against all in- cumbrances. Absolutum dominium in omnibus licitis. Absolute power in all things lawful. Absolutum et directum dominium. The absolute and direct ownership, (or fee simple.) Absoniare. To detest and shun. Absque abstractione, amissione, seu spoliatione, portare tenentur, ita quo pro defectu dictorum communium porta- torum seu servientium suorum, hujusmodi bona et catalla 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 in the same manner as stated, not being injured, lost, or damaged. Absque aliqua probabili causa prosecutus fuit quoddam breve de privilegio. Without any other probable cause he was sued by a certain writ of privilege. 10 LAW GLOSSAEY. Absque aliquo inde reddendo. "Without yielding anything therefrom. Absque consensu majoris partis praefectorum collegio- rum. Without the consent of the major part of the prefects of the colleges. Absque generali senatu, et populi conventu et edicto. "Without the general convention and order of the senate and people. Vide 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 probabili causa. Without a probable cause Absque purgatione facienda. "Without purgation being made." Without clearing himself by oath.. Vide note to '' Compurgatores." Absuedum 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. Aoate, 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 bill 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 from an obligation without payment, called an imaginarv 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, or concealment, before or after the offence is committed, though not present at the committal. Accessoriuh non ducit, sed sequitur suum principalem. An accessory does not lead, but follows his principal. Accessorius sequitur naturam sui principalis. An accessory follows the nature of his principal. Accidens quod per custodiam, curam et diligentiam mentis humanse evitari non potest. An accident which cannot be prevented by the watchfulness, care, and dili- gence of the human mind. Acciow sur le case. An action on the case. Acco. Abbreviated from Actio, an action, Accola. A husbandman. Accolade. From the Fr. " accoler" " collum 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. Accredulitare. To purge one's self of an offence by oath. Accbescere. To grow to ; to accrue. Accusare debet nemo se ipsum. No person should accuse himself. Ac etiam billse. And also to the bill, (or writ.) Acquietatus inde. Therefore he is discharged (or acquitted). Acquietatus inde de prsemissis. Therefore he is 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 directa. 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 and de- livered. Actio furti. 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 interdictum 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 metus 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. Actionare. — 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 voluerunt. 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, quae adversus eum intenduntur, qui ex contractu, vel delicto, obligatus 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 person. Actio sequitur. " An action lies," (oris sustainable,) Actor. 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 Bo- man judgment once pronounced which was in general irrevocable. Vide Cic. Amic. 22. Actus curiae neminem gravabit. An act of the court shall 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 modum. 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 involuntarily 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 " colors 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. 15 Ad compotem. To account. Ad consulendem. To counsel. 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 illae ex parte prasdicti quae- rentis adimpletss sunt ipse omnino ignorat et petit quod idem J. S. premuniatur. For safe keeping under cer- tain conditions, and which he is ready to deliver to him, or to those persons the court shall see fit, &c. But whether the conditions on the part of the said plaintiff are fulfilled he is altogether ignorant of, and he demands (or requires) that the said J. S. may be secured. Ad damnum ipsorum. To their loss. Ad delinquendum. In default. Ad ecclesiam, et ad amicos, pertinebit executio bonorum. The administration of the goods will belong to the church and to the friends (of the intestate). Ad effectum sequentem. To the effect following. Adeo recepta hodie sententia est, ut nemo ausit contra dicere. The decree (or decision) was this day so re- ceived that no one dared to dispute it. Ad eversionem juris nostri. To the overthrow of our right. Ad excambium. To recompense. Adepbimes. For the first time. Adereee. Behind. Adesouth. Beneath. Ad executionem decretorum judicii; ad estimationem pretii ; damni ; lucri, &c. For the execution of the award of judgment ; to the value of the price, loss, prof- it, &c. Ad exhsereditatem domini sui, vel dedecus corpori suo. To the disinheriting his lord, or the disgrace of his personal appearance. 16 LAW GLOSSARY. Ad exhaereditationem episcopi, vel ecclesise. To the disinheriting the bishop or the church. Ad faciendum attornatum. To appoint an attorney. Ad faciendum, subjiciendum, et recipiendum. To do, submit and receive. Ad fidem bonam statuit pertinere notum esse emptori vitium quod noscet venditor. Eatio postulat ne quid insidiose, ne quid simulate.—: — It is a matter of good faith (in trade) that the buyer be made acquainted with the de- fault (if any) which the seller knows. Eeason demands that nothing be done treacherously, nor in a concealed manner. Ad fidem utriusque regis. To the fealty of either king. Ad filum aquae. — ■ — To the middle of the water (or stream, Ad filum medium aquae. To the middle line of the stream. Ad firman. To farm. Ad finem litis. To the conclusion of the suit. Ad gaolas deliberandas. At the goal delivery. Ad hoc autem creatus est, et electus, ut justitiam faciat universis. For he was made and chosen for this (office), that he may render justice to all. Ad hominem. "To the person." This is used as meaning an argument touching the prejudice or qualities of the person addressed. Adhuc existit. It still remains. Adhuc remanet quaedam scintilla juris et tituli, quasi medium quid, inter utrosque status, scilicet ilia possibilitas futuri usus emergentis, et sic interesse et titulus, et non tantum nuda auctoritas seu potestas remanet. Hitherto there remains some spark of right and title, like some medium between both positions, to wit, the possibility of a future springing use, and this becomes an interest and a title, and not remains only as a naked authority or power. •LAW GLOSSARY. 17 Adhuc sub judice lis est. As yet the dispute is be- fore the judge. Ad idem. " To the same." To the like intent. Ad illud. Thereunto. Ad imitationem pristini familise emptoris : quia hoc totum negotium testamenti ordinandi gratia, creditor hodie inter testatorem et hseredem agi. Agreeably to the ancient law of family purchase, for the whole business of manag- ing the will is at this day entrusted to the testator and the heir. See note to " Hceredes Successoresque. Ad infinitum. To the utmost. Ad informandum conscientiam. To inform the mind, (to forewarn a person). Ad inquirendum. To make inquiry. Ad inquirendum tarn per sacrum prohorum et legalium hominum com' n'ri South' ton quam per depositiones quorum- cunque testium, ac omnibus aliis viis mediis quibuscunque, " Si Prior aut Prioratus S'ci Swithini Winton, in jure domus, sive Prioratus, fait seisitus in quibusdam terris vocat' Wood- crofts, &c. utparcell' de manerio de Hinlon-Daubney ; Necnon " SiHenricus pater noster (in ejus vita) Dominus JSdwardus Sextus Eegina Maria, aut nos ipsi, a tempore dissolutionis Prioratus S'ci Swithini' 1 &c. To inquire as well by the oath of good and lawful men of our county of Southampton, as well as by the depositions of all the witnesses, and by all manner of other means whatsoever, " "Whether the Prior or Priory of Saint Swithin at Winchester, in right of the house (or monastery) or priory was seized of certain lands called "Woodcrofts, &c, as parcel of the manor of Hinton- Daubney : or if Henry our Father (in his lifetime) our Lord Edward the Sixth, Queen Mary, or we ourselves (were seized) from the time of the dissolution of Saint Swithin's Priory," &c. Ad instructiones reparationesque. itinerum, et, pontium,, nullum genus hominum nulliusquQ dignitatis ac venera- tionis meritis, cessare oportet. That no description of 2 18 LAW GLOSSARY. persons, of whatever dignity and consequence, should refuse assistance in the making and repairing roads and bridges. Adiratus. Strayed, lost. Aditus. Public road. Adjudicabitur reus ad legem suam duodecima manu. A defendant (or an accused person) shall be adjudged (to wage) his law by the hands of twelve compurgators. Vide note to " Gompurgatores." Adjudicatio. " An adjudgment." One of the legal modes of obtaining property among the ancient Eomans. Vide note. Ad jungendum auxilium. To join in aid Ad jura legis. A writ sued out by the king's clerk presented to a living, against those who endeavor to eject him to the prejudice of the king's title. Adjuvat hostem. He assists the enemy. Ad Kalendas Graecas. " At the Greek calends." The calends were a division of time among the Romans, but not so with the Greeks — consequently the phrase " Ad Kalendas Grcecas," was synonymous to stating what was impossible to happen. Thus we say of an unprincipled debtor, " he will pay ad Kalendas Graecas." Adlegiare — or aleir, Fr. To purge himself of crime by oath. Ad legem Falcidiam. According to the Falcidian law. Ad libitum. At pleasure : at will. Ad litem. To (or in) the suit or (controversy). Ad majus. At the most. Admallare. To sue. Ad matrimonium colendum. To contract matrimony. Ad medium filum aqua?. To the middle line of the water. Ad medium filum viae. To the middle line of the road. Adminicle. To aid or support. Adminiculator. An omcial in the church of Eome, LAW GLOSSARY. 19 ■who administers to the necessities of the indigent and infirm. Administration cum testamento annexe This is granted when a testator has made a will without naming executors, or where those named fail to serve, either from refusing to act, incompetency to do so, or from death. Administrator de son tort. — ■ — Administrator in his own wrong. Administrator de bonis non. When a part of an estate is left by the death of an exeoutor, unadministered, the administrator appointed to carry into effect the will, is called by this name. Administrator durante absentia. One who admin- isters to an estate during the absence of the executors. Administrator durante minore aetate. One who serves as administrator until the executor is of lawful age to act. Administrator pendente lite. One who serves as an administrator while a suit is pending to test the validity of the will. Ad nocumentum liberi tenement! sui. To the damage of his free tenement or freehold. Ad omnes eorum violatores puniendos. For the pun- ishment of all such wrong doers. Ad omnia placita. To all the pleas. Adonqdes, Adonque, Adunque, Adoun. Then. Ad ostium ecclesise. "At the church door." Dower was formerly assigned at the door of the church. Vide note to " Assignetur." Ad perpetuam rei memoriam.' As a perpetual re- membrance of the matter. Ad pios usus. For pious purposes. Ad pios usus, causas, et personis descendentium, consan- guineis, servitoribus, et propinquis, seu aliis pro defunctarum animarum salute. For pious uses and purposes, and to the persons and relations of the deceased ; to servitors and 20 LAW GLOSSABY. neighbors, or to others for the welfare of the souls of the departed. Ad poenam, et restituendam. For punishment and restitution. Ad ponendam loquelam coram justiciariis. To lay the complaint before the judges. Ad prosequendum, testificandum, deliberandum. To prosecute, give evidence, to advise. Ad proximum antecedentem fiat relatio, nisi impediatur sententia. The relative may be reckoned next to the antecedent, unless the sentence restrains (or prevents such a construction.) Ad quaedam specialia. To certain special matters. Ad qusestionem juris respondent judices ; ad qusestionem facti respondent juratores. The judges answer as to the question of law ; the jurors to the matter of fact. Ad qusestiones facti non respondent judices ; ad questiones legis non respondent jurators. The judges do not answer as to the fact ; nor the jurors as to the questions of law. Ad quern diem (ss.) ad sessionem pais tent' apud U. die Jovis, &c. coram, &c. idem Vicecomes retornavit quod prse- dictus T. S. non fuit inventus in balliva sua, ideo praeceptum" fuit eidem Vicecomiti quod exigi faciat, &c. At which day (to wit) at the sessions of the peace held at U. on Thurs- day, &c, before, &c, the same Sheriff returned that the afore- said T. S. was not found in his bailiwick, therefore a writ was (directed) to such Sheriff that he should cause him to be summoned. Ad quod damnum To that injury. Ad rationem ponere. To place to account. Adrahmaee. To pledge solemnly. Adbectabe. To make amends. Ad reparationem et sustentationem. For the repairing and maintenance. Ad requisitionem defendentis. At the defendant's request. LAW GLOSSARY. 21 Ad reson. To call to account. Adsallire. To assail Adscriptus glebse. Attached to the soil. Vide note. Ad sectam. At the suit of. Ad studendum et orandum. " To study and pray." The students of the several inns of court were particularly enjoined to perform both these duties. Ad synodos venientibus, sive summoniti sint, sive per se quid agendum habuerint, sit summa pax. -That the most peaceful conduct be observed toward those coming to the synods (or general councils) to transact their business, whether they be summoned, or attend voluntarily. Ad terminum annorum. For a term of years. Ad terminum qui prseteriit. For an expired term. Ad tractandum et consilium impendendum. To exer- cise and weigh advice. Adtractus. A purchase. Ad tristem partem strenua est suspicio. Suspicion strongly rests on the unfortunate side. Ad tunc et ibidem. " Then and there being found." Ad tunc existens generosus et ultra a3tatem sex decern annorum. Then being a gentleman and more than six- teen years of age. Ad unguem. (Accomplished) to a tittle. Finished. Ad usum et commodum. For the use and benefit. Ad usum et commodum infantis. For the use and benefit of the infant. Ad valorem. According to the value. Ad veniendum coram justiciariis ad compotum suum reddendum. To come before the judges to render his account. Adversus profugium ac solatium praebent; delectant domi ; non impediunt fbris ; pernoctant nobiscum, peregri- nantur, rusticantur. They afford a refuge and a solace in adversity; cheer our fire-sides; obstruct not our busi- 22 LAW GLOSSARY. ness ; pass the night with us ; go abroad, and accompany us in our rural walks. Ad vigessimum primum, et eousque juvenes sub tutelam reponunt. To the twenty-first year, until which time they place the youth under guardianship. Ad vitam aut culpam. An office so held as to deter- mine only by the death or delinquency of the possessor. Advocati fisci. Fiscal advocates. Advocates of the revenue. Advocatio. An advowson. A right of presentation to a church living. Ad voluntatem doming At the will of the lord. Ad voluntatem domini secundum consuetudinem, &c. At the will of the lord according to the custom, &c. Advowson. A right of presentation to a church or benefice. Vide note. ^Edificaee in tuo proprio solo non beet quod alteri noceat. It is unlawful to build on thy own land, what may injure another. - They bring to the lord three state horses and six herons (or egrets), for (the privilege of) holding trial by legal men (or freemen), &c. Vide note. Affidare. To plight one's faith, or give, or swear fealty, i. e. fidelity. Affidatio donrinorum. The oath taken by a lord in parliament. Affilaee. To file. Affines. Connexions by marriage. Kindred are relations by blood ; but affinity is the tie which exists be- tween one of the married parties with the kindred of the other. The term affinity is, therefore, used in contradis- tinction to consanguinity or kindred. Affliotiokem afflictis addere. To distress the dis- Affoeoiaee. To add, to make stronger or increase. AffeAYEb.' To terrify. Affri. Beasts of the plough. A foetioei. By so much the stronger ; by a more powerful reason. Agalma. The impression, or image on a seal. Agabd. An award. 24 LAW GLOSSARY. Agenfrida. The true owner. Agenhine. A domestic ; the name given by the Saxons to one belonging to the household. Agentes et consentientes pari poena plectantur. That the agents and abettors be punished alike. AGE-prier : astatem preoare ; or, setatis precatio. " Aid-prayer." Is when an action being brought against a person under age, for lands which he hath by descent, he, by petition, or motion, shows the facts to the court, and prays that the action may stay until full age. Aggregatio mentium. A mutual agreement. Agild. Free from the usual penalty for an offence. Agillek. Prom the Sax. a gilt (without fault) . An observer, an informer. Agister. A person who takes other men's cattle to feed upon his grounds at a certain compensation. Agnati. Eelations by.the father's side. Agnomen. A surname. Agnus Dei. A piece of white wax in a flat oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the Pope. A gratia. From (or by) favor. Agri ab universis per vices occupantur ; arva per annos mutant.' Fields are occupied by all ill turn; arable lands change yearly. Aieul. A grandfather. Aisne. Eldest or first born. A latere. By the side, or in attendance. Alba firma. When quit rents, payable to the crown by freeholders of manors, &c, were reserved in silver or white money, they were anciently called white rents, " red- ditus albi" in contradistinction to rents reserved in work, grain, &c, which were called " redditus nigri" or black mail. Albanus. An Alien. Album breve. A white, or blank precept. Vide Rob. 130. LAW GLOSSARY. 25 Al comon ley, avant le stat. de West. 1 , c. 12, si ascun ust estre appeal, et ust estre mute, il seira convict de felony. At common law before the statute of Westminster, 1, c. 12, if any one was charged with an offence, and remained mute, he was convicted of felony. A lege sure dignitatis. By right of his own dignity. Alia enormia.' Other great offences. Alia lex Eomae ; alia Athenis. There is one law at Rome ; another at Athens. Alias ca. sa. Another writ to take (the person) to make satisfaction. Alias dictus. Otherwise called (or named). Alias scire facias.' " That you again cause to be in- formed." A second writ of scire facias. Alia tentanda via. Another way must be tried. Alibi. " In another place." This is very frequently the excuse made use of by hardened offenders who en- deavor to prove they were in different places from those where crimes had been committed ; and though this is a defence too common, yet prejudice should not prevent our giving it its due estimation. Alibi natus. Born in another place. Alicui rei impedimentum offerre. To oppose an im- pediment to another's business. Alieni appetens ; sui profusus. Greedy of another's property ; wasting his own. Alieni generis. Of a different sort or kind. Alieni juris. Applied to persons subject to the au- thority of others. As an infant under father or guardian's authority, and a wife under her husband's control. Alieni solo. In another's soil. A l'impossible nul est tenu. What is impossible no one is bound to perform. Alio intuitu. On another (or different) view. Aliquibus de societate. With others of the so- ciety. 26 IAW GLOSSARY. Aliquid possessionis et nihil juris. Somewhat of possession and nothing of right. Aliquis non debet esse judex in propria causa. No one should be a judge in his own cause. Aliquo modo destruatur. — ■ — By any other manner de- stroyed. Mag. Gh. Aliter non. Otherwise not. Alitek quam ad virum, ex causa regiminis et castaga- tionis uxoris suae, licite et ration abiliter pertinet. Other- wise than what legally and reasonably belongs to the hus- band, on account of governing and chastising his wife. Vide note. Aliter, vel in alio modo. Otherwise, or in another way. Aliud est celare, aliud tacere ; neque enim id est celare quicquid retineas ; sed cum quod tu scias, id ignorare emolumenti tui causa velis eos, quorem interest id scire. It is one thing to conceal, and a different thing to be silent ; there is no concealment in withholding a matter, unless it be from those who ought to know it, and it be done purposely for your own advancement. Aliudve quid simile si admisserint. Or if they have admitted anything of a like sort. Aliunde. From another place, or from some other person. Allegata.' — ■ — Matters alleged. Allegatio contra factum non est admittenda. An allegation contrary to the deed is not to be admitted (as evidence). Allegatio contra interpretationem verborum. An allegation against the meaning of the words. Allegiare. To defend, or judge in due form of law. Aller sans jour. " To go without day." To be finally dismissed the court. Allocatur. It is allowed. Allodium est proprietas quse a nullo recognoscitur. LAW GLOSSAEY. 27 Allodium is that (kind of) property which is acknowledged (recognized or understood) by no person. Allodum, or allodium, or allode. Lands held in ab- solute dominion. Vide note. Allonge. When a bill of exchange or note is too small to receive the endorsements to be made on it, a piece of paper is annexed to it which is called allonge. Alldminor. A painter ; an illuminator. Vide note. Almesfesh. — — A Saxon word for alms-money. It was also called rome's-fesh, romescot, and hearth-money. Vide Seld. Hist. Tithes, 217. Alnage. Ell measure. An alnager was a sworn public officer in England, required to look to measure of woollen cloths manufactured there, and put a special seal upon them. A loco et domo. From the place and habitation. Alta proditio. " High Treason ;" the crime against the state government. Alta via. A highway. Altebum non lsedere. Not to injure another. Altius non tollendi. Where the owner of a house is restrained from building beyond a particular height, the servitude due by him is thus called. Altum mare. The high sea. A ma intent vous purres aver demurre sur luy que le obligation est void, ou que le condition est encountre com- mon ley, et per Dieu si le plaintiff fuit icy, il irra al prison tanq ; il ust fait fine au Roy. On my action you could •claim a demurrer, on the plea that the obligation is void, or that the contract is contrary to common law, and on oath, if the plaintiff were present, he would be put in close confinement, and must pay a fine to the king. Ambiguitas latens. A latent ambiguity ; concealed doubt or uncertainty. Ambiguitas patens. A manifest ambiguity or un- certainty : that kind of uncertainty of which there can be 28 LAW GLOSSARY. no reasonable doubt. These last two extracts are fre- quently applied to clauses in deeds or wills ; but tbe in- ferences drawn from them are distinct in their principles. Ambiguitas verborum latens verificatione suppletur; quam quod ex facto oritur ambiguum, verificatione facti tollitur: A latent ambiguity of words is supplied by the verification (or plea) ; for that uncertainty which arises by the deed is removed by the truth of the fact itself. Ambiguum pactum contra venditorem interpretandum est. An ambiguous covenant (or contract) is to be ex- pounded against the vendor. Ambiguum placitum. " An ambiguous (or doubtful) plea." A plea for delay. Ambulatoeia voluntas. As long as a man lives he has the power to alter his will or testament. A mensa et thoro. "From bed and board." A divorce between husband and wife, which does not make the marriage void, ab initio, or from the beginning. Vide note. Amercement. A light or merciful penalty imposed by the court upon the officers of the court, sherifis, cor- oners, &c, for trivial offences or neglect in the discharge of their official duties. Amici consilia credenda. A friend's advice should be regarded. Amicus curiae. A friend of the court. Vide note. Amitteee legem terras, or liberam legem. To lose, or be deprived of the liberty of swearing in any court. To become infamous. Amortizatio — amortization — amortizement, Fr. An alienation of lands or tenements in mortmain, viz., to any corporation or fraternity, and their successors, &c. Amoveas manus. That you remove your hands: give up the possession. Ampliare jurisdictionem. To increase the jurisdic- tion. LAW GLOSSARY. 29 Ampliare justitiam. To enlarge (or extend) the right. Anatocism. Compound interest. Ancient demesne, or demain. An ancient inherit- ance. — " Vetus patrimonium domini." Vide note. Anfeldtyhde, Sax. A simple accusation. Vide note. Angaria. The compulsory service required by a feudal lord from his tenant. Animalia ferae naturae. Animals of a wild nature. Animo custodiendi. "With an intention of guarding (or watching). Animo furandi. With an intent to steal. Animo possidendi. With intent to possess. Animo revertendi. With intent to return. Animo testandL With an intent to make a will. Animo revocandi. With an intention to revoke. Animus cancellandi. The intention of cancelling. Animus furandi. An intention of stealing. Animus manendi. A determination of settling or re- maining. Animus morandi. A purpose of delaying, (hindering, or disturbing.) Animus non deponendus ob iniquum judicium. The mind is not to be cast down because of an unjust judgment. Animus revertendi. An intent to return. Annates. First fruits. Anni nubiles. The age at which a woman becomes marriageable by law, viz., twelve years. Annotatione principis. By the emperor's sign manual. Annus et dies. A year and a day. Annus luctus. " The year of mourning." The widow's year of lamentation for her deceased husband. A notioribus. By (or from) those more known. Ante exhibitionem billae. Before the commencement of the bill, (or suit.) Ante litem contestatem. Before the suit be contested. 30 LAW GLOSSARY. Antenati. Born before. Ante occasum solis. Before sunset. Antichresis. A contract or mortgage by which the creditor receives the fruit or revenues of the thing pledged, instead of interest. It is recognized by the Louisiana Code, and the modern Welsh mortgage resembles it ; but in gen- eral it is obsolete. Antiquum mollendinum. An ancient mill. Antistitium. A monastery. Antithetarius. A term given to an accused person, who charges upon his accuser the crime of which he is ac- cused, in order to discharge himself. Apanage.' In French law, the provision made for the support of the younger members of a royal family from the public revenues. Aperta, vel patentes brevia. Open writs. Apertum factum. An overt act. Apex juris. Subtle point of law. Apices juris non sunt jus. " The utmost extremity of the law, is injustice." Straining the cords of the law in some cases to their greatest length, will produce as much oppression as if there were no law at all. A piratis et latronibus capta, dominium non mutant. Being taken by pirates and robbers, they do not change their ownership. A posteriori. " From the latter." Words often re- ferring to a mode of argument. Appellatione "fundi," omne sedificium et omnis ager continetur. By the name of "land" ("fundum" among the ancient Romans) every field and building is comprised. Apprendre. To learn — from whence the word " ap- prentice." Appute. The point to lean on : the defence. Apres ce, est tend le querelle a respondre; et aura congie, de soy conseiller, s'il le demande ; et quan il sera conseille, il peut nyer le faict dont il est accuse. After LAW GLOSSARY. 31 that, he is bound to answer the complaint ; and shall have leave to imparle, if he require it ; and when he has im- parled, he may deny the act of which he is accused. A priori. From the former. Vide " A posteriori." Aptus et idoneus moribus et scientiis.' "Proper and sufficient in morality and learning." "Words in- serted in college certificates, on a student passing his ex- amination. Aqua cedit solo. " The water yields to (or accom- panies) the land." The grant of the land conveys the water. Aqua currit et debet currere. "Water runs, and ought to run. Aquagium. A ditch to draw off water. Aqu^; haustus. The right to draw water from the well or spring of another. A qua non deliberentur, sine speciali prsecepto domini regis. From which they cannot be delivered without the special writ (or license) of the king. Aquitalia alia sunt regalia ; alia communia. Some waterfowl are royal ; some are common. Arace. " To rase, or erase," from the Fr. arracher. Arare. To plough. Aralor, ploughman. Aralia — mis-spelled arnalia and aralia. 'Arable lands. Aratia. Arable lands. Aratrum terras. As much land as can be tilled with one plough. Aratura terras. This was an ancient service which the tenant performed for his lord by ploughing his lands. Arbiter. An arbitrator. Vide note. Arbitrio boni viri. By the judgment of an honest man. Arca cyrographica, sive cyrographorum Judseorum. This was a common chest, with three locks and keys, kept by certain Christians and Jews, wherein by order of Richard 32 LAW GLOSSARY. the First, all the contracts, mortgages and obligations be- longing to the Jews, -were kept to prevent fraud. Arcana imperii. The secrets of the empire. Aecta et salva custodia. In close and safe custody. Aecui meo non confido. "I do not depend on my own bow." I have taken a better opinion than mine own. Ardentia verba, sed non vera. Words of energy, but destitute of fact. Arentare. " To rent out." To let at a rent certain. Argentifodina. A silver mine. Argentum album. Silver coin. Argumentum ad crumenam. An argument, or ap- peal to the purse. Argumentum ad hominem. An argument (or appeal) to the person : a personal application. Argumentum ad ignorantiam. Argument founded on ignorance of the fact, (as shown by an opponent.) Argumentum ad verecundiam. An argument (or appeal) to the modesty (of an opponent). Arierisment. "Surprise — affright." To the great " arierisment" and " estenysment" of the common law. Vid. Hot. Pari. 21 Edw. 3d. Arimnanni.- The title of a class of freemen in the middle ages, who possessed some independent property of their own, employing themselves in agriculture. They rented lands, also, from the neighboring lords, paying be- side the stipulated rent, certain services of labor for their landlord, as at harvesting, or ploughing. See Bohertson's Charles 5., Appendix. Arma dare. "To present with arms — to make a knight." Arma capere, or suscipere to be made a knight. Vide Kenneis Paroch. Antiq. 288, and Walsingham, p. 507. The word "arma" in these places signifies only & sword; but sometimes a knight was made, by giving him the whole armour. Arma libera. "Free arms." A sword and lance.. LAWGLOSSABY. 33 These were usually given to a servant when made free. Vide Leg. Will. cap. 65. Abma moluta. Sharp weapons that cut, opposed to those which were blunt, which only break or bruise. Vide Bract, lib. 3. Aema reversata. A punishment which took place when a knight was convicted of treason or felony. Thus the historian Knighton speaking of Hugh Spencer tells us, "Primo vestierunt eum uno vestimento, cum armis suis rever- satis." First they arrayed him in a robe with his arms reversed. Armiger — "Esquire."' One who bears arms. A title of dignity belonging to such gentlemen as " bear arms," and these either by courtesy, as sons of noblemen, eldest sons of knights, &c, or by creation. The word "Armiger" was also formerly applied to the higher servants in con- vents. Vide Paroch. Antiq. 576. Ancient writers and chronologers make mention of some who were called Armi- geri, whose office was to carry the shield of some noble- men. Camden calls them Scutiferi (which seems to import as much), and homines ad arma dicti. These are accounted next in order to knights. Armiscaria. This was anciently a punishment de- creed, or imposed on an offender by the judge. Vide Malmesb. lib. 3, 97. Walsingham, 340. At first it was to carry a saddle on his back in token of subjection. Bramp- ton says that in the year 1176, the king of the Scots prom- ised Henry the Second — "Lanceam et sellam suam super altare Sancti Petri adperpetuam hujus subjectionis memoriam offerre — to offer up his lance and saddle upon the altar of St. Peter, in perpetual token of his subjection. Vide Spelm. It may not, however, be improper to observe, that these loose dicta should be taken very cautiously. Aspen, or Arpent. An acre or furlong of ground ; and according to the old Fr. account in Domesday Book, one hundred perches make one " arpent." 3 34 LAW GLOSSARY, Arrameur. Title given by the Normans to officers employed to load vessels. Arrentare. To rent. Arrester. To stay : to arrest. Arrha. A proof of a purchase and sale. Earnest money. Arrierban. The proclamation which the sovereign issued in feudal times to his vassals, to summon them to military service. Ars^e et pensatae. " Burnt and weighed." Applied to the melting of coin to test the purity. Articuli super chartas. " Articles (made) upon the charters ;" i. e. upon the great charter, and charter of the forest, &c. AsportaRe. — To carry away. Assartum. Land cleared and cultivated. Assecurator, qui jam solvit aestimationem mercium deperditarum, si postea dicta? sint, an possit cogere domi- num accipiendas illas, et ad reddendam sibi sestimationem quam dedit ? Distingue ! Aut merces, vel aliqua pars ipsarum appareant, et restitui possint, ante solutionem sestimationis ; et tunc tenetur dominus mercium illas recip- ere, et pro ilia parte mercium apparentium liberabitur as- securator ; nam qui tenetur ad certain quantitatem respectu certas speciei dando ilium, liberatur ; ut ubi probatur. Et etiam quia contractus assecurationis est conditionalis, sci- licet si merces deperdantur ; non autem dicuntur perditae, si postea recuperantur. Verum si merces non appareant in ilia pristina bonitate, aliter fit sestimatio ; non in tantum, sed prout hie valent. Aut vero post solutam asstimationem ab assecuratore, compareant merces ; et hinc est in electione mercium assecurati, vel recipere merces, vel retinere pre- tium. Can the assurer who has already paid the value of the lost merchandise, if afterwards they should become visible and be recovered, oblige the owner to receive them, and return him the value which he has paid ? Mark ! LAW GLOSSARY. 35 Either the merchandise or some part thereof should be visible and restored before payment of the valuation, and then the owner of the goods is bound to receive them, and for that which is forthcoming the assurer shall be dis- charged ; for he who is bound to a certain quantity in respect of a particular thing given, shall be exonerated ; as is everywhere proved. And therefore because the as- surer's contract is conditional, to wit, if the goods are lost ; but they do not consider them destroyed when they are afterwards recovered. But if the merchandise be not forthcoming in its original value, there is another valua- tion made, not at so high a rate, but for what they are now worth. But if the goods shall be seen after the pay- ment of the valuation by the assurer, it is in that case at the election of the insurer of the goods either to receive them, or to retain the price. Assedation. A Scotch name for lease. Assez. Enough. Assideke, or Assedare. — — To tax. Assignetur autem ei pro dote sua, tertia pars totius terra? mariti sui, quas sua fuit in vita sua, nisi de minori' dotata fuerit ad ostium ecclesise. But there may be as- signed to her for her dower the third part of the whole land which belonged to the husband in his life-time, unless she were endowed of a less quantity at the church door. Vide note. Assize. A species of jury or inquest; a certain number of persons summoned to try a cause, and who sat together for that purpose. This term was applied to a species of writ, or real action. It also signified a court ; — an ordinance, statute ; — a faced time, number, quantity, weight, measure. Assizors. — Sunt qui assizas condunt, aut taxationes im- ponunt.- " Those who hold the assizes, or lay on the taxes." In Scotland (according to Skene), they were the same with jurors, and their oath is this : 36 LAW GLOSSARY. " "We shall leil suith say, And na suith conceal for nothing we may, As far as we are charged upon the assize, Be (by) Grod himself, and be (by) our own paradise. As we will answer to Grod upon the dreadful day of Dome." Assistere, maintainare et consolare, et e converso, et sic de similibus, in quibus est professio legis, et naturae. To assist, maintain, and comfort (the father), and do the same (for the son) ; and so in similar cases, for this is na- ture's law and profession. Assiza et recognitio. The assize and recognizance. A societate nomen sumpserunt, reges enim tales sibi associant.— — 'They take the name from a society, for kings attach such persons to themselves. Assoile. " To absolve." " To deliver from excom- munication." In one of the English statutes mention being made of Edward the First, it is said, " whom Grod assoile." Assumpserunt super se. They took upon them- selves. Assumpsit. He undertook (or promised). Assumpsit pro rata. He undertook agreeably to the proportion. Assythement. The indemnification which in Scotch law a person is bound to make for killing or injuring another. Astrict. To bind. Vide note. At si intestatus moritur cui suus hseres nee extabit, agnatus proximus familiam habeto. But if a person die intestate leaving no heir, then let the next of kin possess the property. As usuarius. A pound lent upon usury (or interest). AtavuS. The male ancestor in the fifth degree. A tempore cujus. " From the time of which." Where these words appear, they frequently intimate " from LAW GLOSSARY. 87 the time of which the memory of man is not to the con- trary," which extends as far back (in the legal acceptation of the words) as the Crusades. Atrium. A court before a house ; and sometimes a church yard. Attacar To tie or bind. Attachiamenta bonorum. A distress taken upon goods, where a man is sued for personal estate, or debt. Attinctus. "Attainted." A person is said to be attainted, when convicted of murder, treason, &c. Attornare. To transfer. Aubout de compte. At the end of the account ; after all. Audi alteram partem. Hear the other side. Audita querela. The complaint having been heard. Auditor compotse. The auditor of the account. Augusta legibus soluta non est. The queen is not freed from the laws. Aula regis. The king's hall (of justice). Ausis talibis istis non jura subserviunt. The laws will not assist in such daring purposes. Aut re, aut nomine. Either really or nominally. Autre action pendante. Another action pending. Autre droit. Another's right. Autrefois acquit. Formerly acquitted. Autrefois convict. Formerly convicted. Autrefoits attaint. Formerly attained. Autrefoits or autrefois acquit. " Formerly acquit- ted." The name of a plea used by a prisoner, who had been tried and acquitted of the offence for which he was a second time indicted. Auxilia flunt de gratia, et non de jure ; cum depend- eant ex gratia tenentium, et non ad voluntatem domino- rum. 'Aids are made of favor, and not of right ; as they depend on the affection of the tenants, and not upon the will of the lords (of the fee). Vide note. 38 LAW GLOSSARY. Auxiliob vassallum in lege. " I assist my vassal in his suit." Something as the Patron did his Client under the Soman law. A verbis legis non est recedendum. " There is no deviating from the words of the law." No interpretation can be made contrary to the express words of a statute. Averle carucse. Beasts of the plough. Averia elongata. Cattle eloigned. Aversio periculi. The fear of danger. A vinculo matrimonii. From the bond of marriage. Vide note. Avunculus. An uncle by the mother's side. Avus. A grandfather. Axis. A board or table such as Solon's laws were written upon at Athens. NOTES TO A. Abalienatio, tel translatio dominii, &c. — The transferring of the property of the res mancipi among the ancient Romans, was made by a certain act, called Mancipatio or Mancipium, vid. Cic. Off. iii. 16, de Orat. i. 39, in which the same formalities were observed as in emancipa- ting a son, only that it was done but once. This Cicero calls " traditio alteri nexu," i. e. a transfer into another connection (or possession). Topic. 5, s. 28. Thus, Dare mancipio, i. e. ex forma vel lege mancipii, to convey the property of a thing in that manner; " accipere," to receive it. Plant. Cure. iv. 2, 8. Trin. ii. 419. Pont. iv. 5, 39. Sui mancipii esse, to be one's own master ; to be subject to the dominion of no one. Oic. ad Brat. 16. So, mancipare agrum alicui, to sell an estate to any one. Plin. Ep. vii. 18. Emancipare fundos, to divest one self of the estate, and con- vey it to another. Id. x. 3. Cicero commonly uses mancipium, and nexum or nexus, as of the same import, pro Muren. i—pro Flacc. 32. Ccecin. 16, but sometimes he dis- tinguishes them, as de Marusp. 1, where mancipium implies complete prop- erty, and nexus only the right of obligation, as when a person receives anything by way of a pledge. Thus a creditor had his insolvent debtor, jure nexi ; but not jure mancipii, as he possessed his slave. There were various other modes of acquiring legal property, as jure cessio, or cessio in jure, i. v. u giving up by law or in law. Cic. Top. 5. This was the case when a person gave up his effects to any one before the Prcetor, or President of a province, who adjudged them to the person who made good his claim legally (vindicanti addicebat), which chiefly took place in the case of debtors, who, when they were insolvent, gave up their goods (bona cedant) to their creditors. Another method of acquiring prop- erty among the Romans, was by Xfsucaptio, when a person obtained the property of a thing by possessing it for a certain time, without interrup- LAW GLOSSARY. 39 ti°n. — JShnptio sub corona, i. e. purchasing captives in war ; who wore a crown when sold. Audio, where things were exposed to sale, a spear being set up, and a public crier calling out the price ; Adjudicatio, Do- natio, ro pulchre placitando, or beau-pleading.*" LAW GLOSSARY. 41 which statute was further enforced ; and made to extend to the superior courts by stat. Westminster, the first 3d Edward 1. c. 8. But the former species of fines were suffered to continue ; and they were formerly of money, or other things, as money was scarce. Alites. — The ancient common law of England justified a proper chas- tisement of the wife by the husband; and about sixty years since, ajudge at the assizes at Gloucester stated on the trial of a cause that this was still the law, provided the husband used a cane no larger than his little finger. It is said that the ladies of the city sent to the judge on the next morning, the following note : " The ladies of Gloucester present their compliments to Mr. Justice — and request to have the exact admeasure- ment of his little finger, in order that they may know whether their hus- bands chastise them legally or not." Aixodum. — The history of the establishment, and progress of the feu- dal system, is an interesting subject to the historian, and particularly to the lawyer. In some countries the jurisprudence and laws are even now in a great measure feudal. In others, where the feudal system has long since been abolished (as in England), many forms and practices establish- ed by custom, or founded on statutes, take their rise from the feudal laws ; and for this reason, the student cannot well understand some of the present laws, customs and forms, without attending to the ideas peculiarly attach- ing themselves to the feudal system. Several of the Notes interspersed throughout this Glossary, it is hoped may be, in this respect, not only serviceable, but entertaining. Allodum is the free and entire right of property and dominion in the land. However, to understand more clearly the difference between land held allodiaUy, and that held " ut feudam," it will be first necessary to state a few particulars. Property in land seems to have gone through four successive changes, among the barbarous nations who settled upon the extensive possessions of the Mo- man empire, and who brought with them manners and customs, and used those tenures unknown to those they conquered. 1st. While the barbarous nations remained in their original countries, their possession of land was generally temporary, and seldom had any distinct limits : but they were not, in consequence of this imperfect species of tenure, brought under any positive or formal obligation to serve the community. After tending their flocks in one great district, they removed with them, their wives and families, into another. Every individual was at liberty to choose how far he would contribute to carry on any military enterprise. If he followed a leader in any expedition, it was from attach- ment, or with a view to obtain a more proline soil, or plunder ; and not from any sense of obligation. The state of society among them was of a very rude, and simple form : they subsisted entirely by hunting, or by pasturage. Cess. lib. vi. c. 21. They neglected (and perhaps despised) agriculture ; and lived chiefly on milk, cheese, and such animal food as they caught in hunting. Ibid. c. 22 Tacitus agrees with Caesar in most of these particulars. Vide Tacit, de moribus Germ. c. 14, 15, 23. The Goths were equally negligent of agriculture. Prise. Rhet. ap. Byz. scrip, vol. i. p. 31. B. Society was in the same state among the Huns, who dis- dained to cultivate the earth, or to touch a plough. Amm. Marcel, lib. xxxi. p. 475. The same manners subsisted among the Alans, ib. 477. Whilst property continued in this state, we can discover nothing that can bear any resemblance to a feudal tenure ; or to the subordination and military services, with the long train of grievances, which so heavily oppressed the tenure of lands for so many ages afterwards, upon the in- troduction of the feudal system. 2d. Upon settling in the countries which they had subdued, the vie- 42 LAW GLOSSARY. torious troops divided the conquered lands. Whatever portion of them fell to a soldier, he seized as the recompense due to his valor ; as a settle- ment acquired by his own sword. He took possession of it as a freeman, in full property. He enjoyed it during his own life, and could dispose of it at pleasure, or transmit it, as an inheritance to his children. Thus property in land became fixed : it was at the same time allodial, i. e. the possessor had the entire right of property and dominion : he held of no sovereign, or superior lord, to whom he was bound to do homage, or per- form service. It was, it would appear, the reward of service done ; not duties to be performed ; a tenure retrospective, not prospective, in its nature. 3d. When property in land became fixed, and subject to military ser- vice, another change was introduced, though slowly, and step by step. We learn from Tacitus, that the chief men among the Germans endeavor- ed to attach to their ranks certain adherents whom he calls Gomites. These fought under their standards, and followed them in all their inter- prises. The same custom continued among them in their new settle- ments, and those attached or devoted followers were called Fideles, An- trustiones homines in truste Dominica ; Leudes. Tacitus informs us that the rank of a Gomes was deemed honorable. De morb. Germ. e. 13. The composition, which is the standard by which we must judge of the rank and condition of persons in the middle ages, paid for the murder of one in truste Dominica, was triple to that paid for the murder of a freeman. Vid. Leg. tit. 44, § 1 & 2. While the Germans remained in their country, they courted the favor of these Gomites by presents of arms, and horses, and by hospitality. As long as they had no fixed property in land, they were the only gifts that they could bestow; and the only rewards which their followers desired; but on settling in the countries which they conquered, they bestowed on these Gomites a more substantial recompense in land. What were the services originally exacted in return for these beneficia cannot be deter- mined with absolute precision. M. de Montesquieu considers these bene- ficia as fiefs, which originally subjected those who held them to military service. L 'Esprit des Louis, I. xxx. c. 3. and 16. M. l'Abbe de Mably con- tends that such as held these were, at first, subjected to no other service, than what was incumbent on every freeman. But comparing proofs and reasonings and conjectures, it seems to be evident, that as every freeman, in consequence of his allodial property, was bound to serve the community under a severe penalty, no good reason can be assigned for conferring these beneficia, if they did not subject such as received them to some new obligation. Why should a king have stripped himself of his domain, if he had not expected that by parcelling it out, he might acquire a right to services, to which he had formerly no title ? We may then warrantably conclude, that as allodial property subject- ed those who possessed it to serve the community, so beneficia subjected those who held them to personal service and fidelity to him, from whom they received these lands. 4th. But the possession of benefices did not continue long in this state. A precarious tenure daring pleasure, was not sufficient to satisfy such as held lands, and by various means they gradually obtained a confirmation of their benefices during life. Du Cange produces several quotations from ancient charters and chronicles in proof of this. Gloss, voc. bene- ficium. After this it was very easy to obtain or extort charters, render- ing beneficia hereditary, first in the direct line, then in the collateral, and at last in the female line. Leg. Longob. lib. iii. tit. 8. Du Cange voc. beneficium. It is no easy matter to fix the precise time when each of these changes took place. M. I'Ab. Mably conjectures, with some probability, that LAW GLOSSARY. 43 Charles Martel introduced the practice of granting beneficia for life ; 06- servat. torn. i. p. 103, 160 ; and it is said, that Louis le Debonnaire was among the first who rendered them hereditary, from the authority to ■which he refers ; ib. 429. Mabillon, however, has published a Placitum of Louis le Debonnaire, by which it appears that he still continued to grant some beneficia only during life. De Re Diplomatica lib. vi. p. $58. In the year 889, Odo, king of France, granted lands to Ricabodo fideli suo, jure beneficiario et frucluario : i. e. to Eieabodo, his faithful (friend) the right, benefit and enjoyment for life, and if he should die, and a son were born to him, that right was to continue during the life of his son. Mabil- lon, 656. This was an intermediate step between fiefs merely during life, and fiefs hereditary, in perpetuity. While beneficia continued under . their first form, and were held only during pleasure, he who granted them not only exercised the dominium or prerogative of superior lord, but he retained the property, giving his vassal only the usufruct. But under the latter form, when they became hereditary, although feudal lawyers continued to define a beneficium agreeably to its original nature, the prop- erty was, in effect, taken out of the hands of the superior lords, and lodged in those of the vassal. As soon as the reciprocal advantages of the feudal mode of tenure came to be understood by superiors as well as vassals, that species of holding became agreeable to both, that not only lands, but casual rents, such as the profits of a toll, the fare paid at fer- ries, e droit. — This was the name of an ancient appeal brought on account of the refusal of justice. According to the maxim of the feudal law, if a baron had not as many vassals as enabled him to try by his peers, the parties who offered to plead in his court ; or if he delayed, or refused to proceed in the trial, the cause might be carried by appeal to the court of the superior lord of whom the baron held, and tried there. Vide De VEsprit des Loix, liv. xxviii. c. 28. Du Cange voc. Defeclus Justilioe. The number of peers or assessors in the courts of barons was frequently very considerable. It appears from a criminal trial in the Court of the Viscount de Lautree, A. D. 1299, that upwards of two hundred persons were present, and assisted at the trial, and voted in passing judgment. Hist, de Langued., par D. D. de Vic. et Vaiseite, torn. iv. Preuves, p. 114. But as the right of jurisdiction had been usurped by many inconsiderable barons, they were often unable to hold courts. Hence arose one of the reasons for the appeal, De defaute de droit. De minoribus rebus, stance also occurs seven years later. Tide Rushworth's Observ. on Stat- utes, 266. 186 LAW GLOSSARY. Est senatori, &c. — The Senate was instituted by Romulus to be " the per- petual Council of the Republic." ( Concilium Reipuhlicoz sempiternum. Vide Gic. pro. Sextio, 65.) It consisted, at first, of only one hundred ; they were chosen from among the Patricians. The Senators were called " Patres," either on account of their age, or out of their paternal care of the state ; and their offspring, " Pateicii." After the Salines were taken into the city, another hundred were chosen from, them by the suffrages of the Curia. Vide Dionys. ii. 47. But, according to Livy, there were only one hundred senators at the death of Romulus ; and their number was increased by Tidr lius Hostilius, after the destruction of Alba. Tarquinius Priscus, the fifth king of Rome, added one hundred more, who were called " Patres minorum gentium," i. e. Senators of the lower tribes. Those created by Bomulus were called " Patres hajorum gentium," i. e. Senators of the higher tribes. This number of three hundred continued, with small variation, to the time of Sylla, 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 Ccesar, the number of senators were increased to nine hundred; and after his death, to a thousand; but many worthless persons having been admitted into the senate, during the civil wars, one of them is called by Cicero, " lectus 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 Sybilline books consulted, without their order. Liv. ir. 45. 2d. The senate had the direction of the treasury, and distributed the pub- lic money at pleasure. Cic. in Valin. 15, disc. They appointed stipends to their generals and officers ; and provisions and clothing to their armies. Polyb. vi. 11. 3d. Tbey settled the provinces which were annually assigned to the Con- suls and Praetors ; and, when it seemed fit, they prolonged their command. Cic. pro. Dom. 9. 4th. They nominated, out of their own body, all ambassadors sent from Rome, (Liv. ii. 15, die.,) and gave to foreign ambassadors what answers they thought proper. Cic. in Vatin. 15, &c. 5th. They decreed all public thanksgivings for victories obtained ; and con- ferred the honor of an ovation or triumph, with the title of "Imperator," on their victorious generals. Gic. Phil. xiv. 4, 5, &c. 6th. They could decree the title of a king to any prince whom they pleased ; and declare any one to be an enemy by a vote. Cos. Liv. et Cic passim. 7th. They inquired into public crimes, or treasons, either in Rome or the other parts of Italy, Liv. xxx. 26, and heard and determined all disputes among the allied and dependent cities. Cic. Off. i. 10, dec. 8th. They exercised a power, not only of interpreting the laws, but of absolving men from the obligation of them ; and even of abrogating them. Gic. pro. dom. 16, 27, pro lege Manil. 21, de Legg. ii. 6, die. 9th. They could postpone the assemblies of the people, Cic. pro. Mur. 25. Alt. iv. 16 ; and prescribe a change of habit to the city, in case of any im- minent danger or calamity. Gic. pro. Sext. 12. But the power of the Sen- ate was chiefly conspicuous in civil dissensions, or dangerous tumults within the city, in which that solemn decree used to be passed, " Ut consules DARENT OPERAM NE QUID DETRIMENTI RESPUBLIOA CAPERET." That the Con- ' suls should make it their study (or toil) that the republic receive no injury ; by which decree an absolute power was granted to the Consuls to punish, and put to death, whom they pleased, without a trial ; to raise forces ; and carry on war without the order of the people. Sattust de hello Oat. 29. LAW GLOSSARY. 187 Et ego et HjEREDes mei, &c. — The verb warraniizo, used in the law, is only appropriated to make a warranty. Littleton, in his chapter of "War- ranty, saith that this word warraniizo maketh the warranty, and ia the cause of warranty, and no other word in our law ; and the argument to prove his assertion is produced from the form and words used in a fine ; as if he had said, because the word defendo is not contained in fines to create a warranty, but the word warraniizo only ; ergo, 4c, which argument deduced and drawn, a. majore ad minus, is very forcible. But it appears that Litileion is to be understood only of an express warranty in deed, and of a warranty annexed to lands ; for there may be, and are, other words which will extend and enure sufficiently to warrant chattels, &c, and which imply a warranty in law, as dedi, &c. Ex fubTo, bapina, &c. — The different punishments of thefts among the Romans were borrowed from the Athenians. By the laws of the Twelve Tables, a thief in the night time might be put to death, " Si nox (noctu) furtum faxit, sim (si ewm) aliquis occisit (occiderit) jure ccesus eslo," i. e. "If a theft be committed in the night, and a person kill him, (the thief,) let him be (accounted) slain by the law ;" and also in the day time, if he defended himself with a weapon, but not without having first called out for assist- ance. The punishment of slaves was severe; they were scourged, and thrown from the Tarpeian Hock. Slaves, it is said, were so addicted to the crime of theft, that they were anciently called " Pares." " Quid domini faciant, audent cum talia fures /" See Virg. Eccl. iii. 16, and Eor. Ep. i. 46. But afterwards, those punishments were mitigated by various laws, and by the edicts of the Praetors. One caught in manifest theft (in furto manifesto) was obliged to restore four-fold, besides the thing stolen. If a person was not caught in the fact, but so evidently guilty that he could not deny it, he was called "Fur nee manifestus," and was punished by restoring double. Gell. xi. 18. When a, thing stolen was, after much search, found in the possession of any person, it was called "furium conceptum," a discovered theft ; and by the law of the Twelve Tables was punished as manifest theft, Gell. ibid., but afterwards asfurtum nee manifesium. If a thief, to avoid de- tection, offered things stolen (res furtivas vel furto dblalas) to any one to keep, and they were found in his possession, he had an action, called actio furti oblati, i. e. an action of manifest theft, against the person who gave him the things, whether he were the thief or another, for the triple of the value. Jbid. If any one hindered a person to search for stolen goods, or did not exhibit them when found, actions were granted by the Prce- tor. And in whatever manner theft was punished, it was always with in- famy. Robbery (Rapina) took place only in movable things, (in rebus moUUbus.) Immovable things were said to be invaded, and the possession of them was recovered by an interdict of the Prmtor. Although the crime of robbery (crimen raptus) was much more pernicious than that of theft, it was, how- ever less severely punished. An action (actio vi bonorum raptorum) was granted by the Prmtor against the robber only for four-fold, including what he had robbed. If any one slew the beast of another it was called " damnum injuria datum," i. e. dolo vel culpa nocentis admisswm — A e. " a loss given for the injury (or wrong) admitted to have arisen from the guile or negligence of the wrong doer •" whence actio vel judicium damni injuria, sc, data; (Cic. Rose.) i. e. he had an action or judgment for the loss and injury, whereby he was obliged to repair the damages by the Aquittian law. Personal injuries or affronts (injuria) respected either the body, the dig- nity or character of individuals. They were variously punished at different periods of the republic. By the Twelve Tables, smaller injuries, (injurice leviores,) were punished 188 LAW GLOSSARY. by a fine of twenty-five asses, or pounds of brass. But if the injury was more atrocious, as, for instance, if any one deprived another of the use of a limb, {si membriim rapsit, i. e. ruperit,) he was punished by retaliation, (lalione,) if the person injured would not accept of any other satisfaction. If he only dislocated or broke a bone, he paid three hundred asses, if the suffer- er was a freeman ; and one hundred and fifty, if a slave. Gell. xx. If any one slandered another by defamatory verses, (si quis aliquem pvblice diffamas- set, eique adversus bonos mores convicium fecissit) — i. e. "if any one defamed another, or oast reproach on him contrary to good manners or morality ;" affronted him (pel carmen famosum m eum condidissel) — i. e. " made an in- famous libel upon him," he was beaten with a club, vid. Bbr. Sat. ii. which alludes to the law for this species of libel. But these laws gradually fell into disuse, GeU. xx. ; and'by the edicts of the Prostar, an action was granted on account of all personal injuries and af- fronts only, for a fine, which was proportioned according to the dignity of the person, and the nature of the injury. This, however, being found in- sufficient to check licentiousness and insolence, Sulla made a new law con- cerning injuries, by which, not only a civil action, but also a criminal prose- cution, was appointed for certain offences, with the punishment of exile, or working in the mines.- Tiberius ordered one, who had written defamatory verses against him, to be thrown from the Tarpeian Rock. Dio. lvii. 22. An action might also be instituted against a person for an injury done by those under his control, which was called " actio noxalis," as if a slave committed theft, or did any damage without the master's knowledge, he was to be given up to the injured person. And so, if a beast did any damage, the owner was obliged to offer a compensation, or give up the beast. There was no action for ingratitude, (actio ingrati,) as among the Macedonians, or rather Persians ; because, says Seneca, " all the cowts at Rome would scarcely have been sufficient for trying it." These are some few of the remedies given by the Soman laws for injuries, &c. ; by the spirit of these the reader will judge how far that powerful nation was advanced in jurisprudence. F. Facere cum aliquo. To be on this side. Facias habere rationabilem dotem. That you cause (her) to have a reasonable dower. Faciet jurare duodecim legales homines de viceneto, seu de villa, quod inde veritatem secundum conscientiam suam manifestabant. That he should cause to swear twelve lawful men of the neighborhood, or vill, whereby they may show the truth, according to their conscience. Facio, ut des. 1 perform, that you may give. Facio, ut facias. 1 perform, in order that you may. Fao ita esse. Suppose it to be so. Facta armorum. Tournaments : Feats of arms. LAW GLOSSARY. 189 Facta potentissima. Facts (or deeds) are most pow- erful. Factor armorum regalium. — — .The king's armorer. Vide note. Factum prseclarum, atque divinum. A noble and di- vine act. Facultas ejus quod cuique facere libet, nisi quid vi, aut jure prohibetur. The power of doing what every one pleases, unless what is forbidden by authority, or by law. Facultas secreta certis in rebus. There is a secret efficacy in certain things. Facultates in plurali. "Wealth : means : abilities. Faderfium. Sax. A gift made to a woman by her father or brother upon her marriage. Faida. Malice : deadly fued. Fatte enrolle. A deed of bargain and sale. Faitours. In Stat. 7, Rich. 2d, c. 5, this word is used for " evil doers /" and may be interpreted, " idle livers,' 11 from " faitardise" — which signifies a kind of sleepy disease. Falcatura. " A day's mowing of grass." Formerly one of the feudal services performed for the superior lord of the fee. Fallonia. Felony. Falda. A sheepfold. Faldata. A flock of sheep. Fald.ecursus. A fold course. Faldfev.— — Sax. The fee paid by a tenant for leave to fold his sheep on his own ground. Falerl®. The furniture and tackle of a cart. Falsa demonstratio non nocet. A false description does not vitiate (the deed). Falsa fit poenitentia laici, cum penitus ab officio curiali vel negotiali non recedit, quae sine peccatis agi ulla ratione non praevalet. " The repentance of a layman will be inefficacious, unless he withdraw entirely from professional and mercantile pursuits, which cannot, on any account, be 190 LAW GLOSSARY. transacted without (committing) sin." The false logic of Monkish superstition. Vide note to " Homo mercator." Falsare curiam. To deceive the court. False, fraudulente et maliciose. Falsely, fraudulently and maliciously. Falsonarious. A counterfeiter. Falso retorno brevium. A writ which might have been sued out against a sheriff for returning writs falsely. Falsus in uno, falsus in omnibus. False in one mat- ter, deceitful in everything. Faioe damna majora quam quae possint sestimari. The injury done to character is so great that it cannot be estimated. Fama tantum modo publico accusat. Public opinion only accuses him. Famosi libelli. Infamous books, or writings. Famosis libellis si quis scripserit quod pertineat ad inju- riam alterius, de quo est publica accusatio poense capitalis ; non tantum in auctorem famosi libelli, sed etiam eum qui invenit, nee combussit, sed evulgavit ; quia iste auctor prae- sumitur esse libelli, qui eum sparsit in vulgos, 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, furca figendos placuit, ut conspectu detereantur alii, et sit conso- latio cognatis, ut eodem loco poena 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 in the same place where the robbers committed the mur- LAW GLOSSARY. 191 ders, it might be some consolation to the relations (of those who were killed). Fang, fangen.> Sax. To take. Farandman. Scotch.- A merchant traveller, or stranger. Fardel. A fourth part. Fardingdeal. The fourth part of an acre. Farinarium. A mill. Faristel. Sax. Stopping of way. Farrago legum nauticarum. The absurd collection of maritime laws. Fas. Eight. Fastermans. Sax. Bondsmen. Fasti. Lawful. Fatetur facinus is qui judicum fugit. He confesses his guilt who flies from trial. Fatuus. An idiot. Fauces terrae. " The mouth or chops of a ohannel ;" (where a person may see from land to land.) Fausenerie. Forgery. Fearme. Food ; a feast. Fee. The land or estate held of a superior by service. Fefellit. 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 GLOSSABY. Felohia. Felony. Vide note. Felonia per quam vassallus amitteret feudum. A felony by -which 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 that it was stipendiary, and granted as a recompense for services. Vide Wachter voce " Feodum." Feodum est quod quis tenet sibi et hseredibus suis, sive tenementum sit, sive redditus, &c. A fee is that which 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 militis. A Knight's fee. Vide note to Feudum. Feodum novum, ut antiquum. A new fee (given or granted), as an ancient fee. Feodum restituit ejusdem estimationis quod erat tempore rei judicata. " 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 constitni potest. " A fee cannot, in any way, be made without an in- vestiture." This was the ancient law relating to free- holds. LAW GLOSSARY. 193 Feodum talliatum. An entailed estate. Feoff amentum. A feoffment : the donation of a fee ; or a feoffment giving possession by livery of seizin. Vide note. Feoffare. — —To enfeoff: or grant in fee. Feoffavit et demisit. He enfeoffed and demised. Feorme. A farm : a provision : rent. Ferje. Wild beasts. Fer-e campestres. — — ■" Beasts of chase." These are five ; the buck, doe, fox, martin and roe. Fer.e igitur bestise, et volucres et omnia animalia, quse mari, coelo, et terra nascuntur, simul atque ab aliquo captse 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^e 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. Fer^e naturae. Of a wild nature. Fer^e naturae, et nullius in bonis. Beasts of a wild nature, and not belonging to any (particular) person. Fer^e naturae per industriam hominis. Animals of a wild nature (tamed by man's industry). Fer^; naturae propter privilegium. Animals of a wild nature on account of privilege. Fer-S! naturae ratione impotentiae. Animals of a wild nature for want of power. Fer-E sylvestres. " Beasts of the forest." Frequently called beasts of venary. These are the hart, hind, boar and wolf: the beasts and fowl of the "Warren, are the hare,, 13 194 LAW GLOSSARY. coney, partridge and the pheasant. A reward was ancient- ly given for the destruction of wolves in England ; they have all long since been destroyed. Ferita. A wound. Ferllngus. A furlong. Fernigo. Where fern grows. Ferine. 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. Ferle Nundinse. Holidays, Fairs, or great markets. These are frequently held on some holiday of the Koman Church. Ferra electio : destre whipt, ou de paier costs. A hard choice ; he shall be whipt, or pay costs. Vide note. Ferramentum. 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. Feuddm. A fee : land held in fee simple. Vide note. Feudum apertum. An open fee. Feudum avitum. A fee derived from the grandfather. Feudum ligeum. A fee held by fealty. Feudum maternum. 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 Feyn. A fine. Feyre. A fair. Fiat nisi prius per proviso si querens fecet defaultam. Let it be done, unless first (performed) by proviso, if the defendant has made default. Fictto 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 ; simplieitas juris gentium prsevalet. 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 Germany, certain dis- tricts or territories are called "Fiefs" where there are Fiefs of the Empire. Fief d'haubert. A tenure by knight's service. Fieri facias. 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 GLOSSARY. goods, if, &c, and if he lias none of those, then of his own goods. Fieri feci.- — —I have caused to be made, or levied. Fieri 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, &c, et si constare potent 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 Filizer. An officer of the Court of Common Pleas, who issues writs. Filctale. In ancient times, an entertainment given by bailifls of hundreds, at which they extorted money from the guests. Filii nobilium. Noblemen's sons. Filius hseres legitimus est. A son is the legitimate heir. Filius hseres legitimus est quern nuptise 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 aquae. The middle of the water (or stream). Filum forestse. The line, or boundary of the forest. Finalis concordia. The final agreement. Finis, fructus, exitus et effectus legis. A fine (levied of lands) is the profit, the end and effect of the law. Finium regundorum actio. Action for regulating boundaries. LAW GLOSSARY. 197 Firdfare. Sax. A going forth to a military expe- dition. Firdsocne. Sax. Exemption from military duty. Firdwite. A fine for refusing to do military service. Firebare. 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 quserentis. The plaintiff's farm. Firmarium. A word used in old records for in- firmary. FntMARius, 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 tenemento 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 prsedictum est, sed etiam si quis prcepotens uti voluerit in alteram 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 GLOSSARY. quae tunc erit transgressio, non disseisina, in libero tene- ment*). 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 will be a trespass, not a disseisin, in the free tenement. Fit juris, et seisinse conjunction 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. Flemenesfirinthe, or Flemenfirma. The sustenance and relieving of fugitives 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. " Flylh." i. e. fuga, and, "wife" mulcta. This word, in ancient law, signi- fies the discharge of a person from amerciaments, where, having been a fugitive, he comes to the king's peace of his own accord, or with license. Flodemark. 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. Fojimina presenti marito feloniam agens, non rea est con- structione legis, quia per ejus coercionem instigari cogitur. A saarried 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. FffiMiNA 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 Book-lands — vide Kitchen, 174. Folc-land was terra vulgi, or popu- 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 igndbileJ' Vide Spelm. on Feuds. Folc-mote. Sax. A general Council, or Assembly. Vide note. Folgare. From Saxon folgan, to follow or serve. Folgarii, Folgheres. Followers or servants. Foraneus.' A foreigner. Forathe. Sax. One who could swear for another. 200 LAW GLOSSARY. Forbalca. A piece of unploughed land lying next the highway. Forbannitus. Banished. {Old Europ. law.) Forbatudo. He who struck the first blow. {Old Europ. law.) Forcelet. A fortress. Forcerium. -A strong box for the safe-keeping of papers. Forclorrer. To foreclose ; to shut out. Fordanno. The first assailant in a fight. ( Old Europ. law.) Fordika. The grass growing on the banks of ditches. Forecheapum. Pre-emption. Forera.— — Foreland. Foreschoke. Forsaken. Forestallan. Forestalling. Forfang, Forpeng. Sax. A previous taking. Forfeiture de terre. A forfeiture of the land. Forgabulum. A quit rent. Forgavel. Sax. A small reserved rent in money. ■ Fori disputationes. Arguments in the Law Courts. Forisfacere. To outlaw. Forisfactura. Forfeiture. Forma essentialis. A substantial form. Forma et figura judicii. The form and manner of the judgment. FoRMEDOisr. {Breve de forma donationis.) "The form, or manner of a gift." A writ formerly issued to recover entailed property. Formedon in descender. Formedon in descent. Vide note. Formedon in remainder. Formedon in the remainder. Formedon in reverter. Formedon in the reversion. Foro domestico. " In the court at home." Perhaps the Lord's Court of the Manor. LAW GLOSSARY. 201 Foeo ecclesiae. In the Spiritual Court. Forprise. Taken beforehand. An exception. Forschet. The forepart of a furlong, that which skirts the highway. Forsprise. Except. Forsque. But; only. Fortior et potentior est dispositio legis quam hominis. The disposition of the law is stronger and more power- ful than that (effected) by man. Fortuitus casus providendus. A chance case is to be regarded. Forum domesticum. A Court held at home, or in the vicinity. Forum plebise justitias, et theatrum comitivse potestatis. The court of justice for the common people, and pub- he 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. Fourcher. — — 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 Beeves' Hist. Eng. Law. Fovea. A grave. Franc-aleu or alleu. Allodial land. Franchiare. To enfranchise. Franchilanus. A freeman. Franchise. A privilege, or exemption. Vide note. Francigena. A Frenchman. Franclaine, Francleik, Frankleyne. A free- holder or gentleman ; a freeman. Franous. Free. Francus bancus. Free-bench — Sedes libera. That es- tate in copyhold lands, which the wife acquires on the 202 LAW GLOSSARY. death of her husband, for her dower, according to the cus- tom of the manor. Freebench also means the widow's es- tate in such lands as her husband died seized of : there is a distinction between freebench and 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 Enborne, and Chad- dleworth, in the county of Berks ; 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 Enborne, to be found in the "Spectator," No. 623, Nov. 22, 1714. Francus 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 friborgesheofod or freoborhesheofod. Frank- almoign. A free gift. Vide note. Frank-fee. Freehold lands, held exempt from all services, except the homage. Frassetum. Woody ground. Frater consanguineus. A half-brother by the fa- ther's side. Frater fratri sine legitimo hserede defuncto in beneficio, quod eorum patris fuit succedat ; sin autem unus e fratribus a domino feudum acceperit, eo defuncto sine legitimo hasrede, frater ejus in feudum non succedit. 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 lawful heir, the other brother shall not succeed thereto. Frater fratri uterino non succedit in hsereditate paterna. A brother does not succeed to a maternal brother in a paternal inheritance. Frater uterinus. A brother by the mother's side. Fraudem facere legi. To commit a fraud in the law. LAW GLOSSARY. 203 Fraunke-ferme. Free-farm. Fraus, dolus, qui fit in contractibus et venditionibus. -Fraud, deceit, which is made in contracts and sales. Fraus dolus vel deceptio. A fraud, trick or decep- tion. Fraxinetum. From fraxinus, an ash. A place where ashes grow. Frea. A female ward. Fredum.' A sum paid to the magistrate by a person who had injured another in order to secure his protection. It was usually about one-third as much as he had previous- ly paid to the injured party for a satisfaction. Fredwite. Frithwite. Sax. See Fredum. Frendlesman. Sax. An outlaw ; to whom all per- sons were forbidden to give food or shelter. Frendwite. Sax. A fine imposed upon one who protected or assisted an outlawed friend. Frentike. Frantic. Freoborgh. A free pledge. Sometimes Friborgh. Freoborhesheofed. In Saxon law, a chief pledge. The title of the chief of a friborgh or decennary. See Feancus plegids. Fridhburgus. — ■ — A species of frank pledge by which the lords or chiefs bound themselves for the good behavior of their dependents. Fridstoll. A chair of peace. Frilazin. One freed from bondage. FRisCAdisseisina. — "Fresh disseisin" — fromFr."/mcAe," late, and " disseiser" to eject. That disseisin which a man might formerly seek to defeat of himself, and by his own power, without resorting to the king, cSr the law : as where it was not above fifteen days old, or of some other short continuance. Vide Britton, c. 5. Frithbote. A fine for breach of the peace. Frithsoke. Frithsoken : from Sax. " Frith," pax and " socne," Ubertas. " Surety of defence :" a jurisdiction 204 LAW GLOSSAEY. for the purpose of preserving the peace. According to Fleta, " libertas habendi franei phgii, seu immunitas loci," (the liberty of frank pledge, or the immunity of the place.) Vide Cowell. Blount. Fbuctus industrials. Profits, or fruits of industry : as corn growing, fixtures, &c. Frumgyld. Sax. The first payment made to the kindred of a person slain, towards the recompense for his murder. Yide LI. Edmund. Frumstoll. — ■ — A chief seat or residence. Frustba fit per plura, quod fieri potest per pauciora. It is useless to do that by many things, which may be accomplished by few. Feustka legis auxilium 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. Feydeeinga, Friihing, Fridung, and Friderung, i. e. expe- ditionis apparatus. " The fitting out of an expedition :" " Going out to war :" or a military 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 Acquitain granted to him, laid an imposition of " fuage" upon the subjects of that dukedom, i. e. twelve pence for every fire. Rot. Par. 25 Edw. 3. It is not im- probable that the hearth-money imposed (16 Gar. 2) took its rise from hence. Fuer. Fr./wir — Lat. fugere. "Flight" ; is used sub- stantively, though it be a verb ; and is two-fold, fuer in "fait," and fuer in "ley," lege: when being called to the court he appeareth not, which is flight in law. Staunf. PI. Cor., lib. 3, c. 22. Fuertint 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 aquse. 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. Furca et flagellum. This was the meanest of all ser- vile tenures, where the bondman was at the disposal of his lord for life or limb. Plac. Term. Mich. 2 John, Hot. 7. Fur.' A thief. Fur manifestos. A thief caught in the act of stealing. Furche. A gallows. Furem, si aliter capi non potest, occidere permittunt. They suffer a thief to be killed 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 unpremeditated.) 206 LAW GLOSSARY. Furtum non manifestum. " The theft does not ap- pear." It is not discovered. Futtjros casus providendos. That future causes be provided for. Futyf. A fugitive from justice. Fyrd. An army. NOTES TO F. Factor armorum regalujm. — One of the English Historians observes, that immediately preceding the Conquest, the art of working in iron and steel had arrived 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 Smith 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. Vide Lardner's Encyclopaedia. See, also, note to " Hindeni Homines." Felonia. — A Law Term, including generally all capital crimes below that of treason. Vide 4 Gomm. 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 fallo, Lat., to deceive ; and Coke says it is crimen felleo animo perpelratum, 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 Spelr man's derivation from the Teutonic, or German, "Fee," that is, a feud, or fief, and "Ion," price, or value. Feoff amentum. — Among the Romans, if the question was about a farm, a house, or the like, the Prjetor anciently went with the parties (cum liti- 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 jure) to the spot, (in locum, ml rem presentem,) to a farm for instance, and brought from thence a turf, (glebam,) vide Feslus ; and contested about that, as though it were the whole farm. It was delivered to the person to whom the Proetor adjudged the possession. 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 Mir. 12. The plaintiff thus addressed the defendant, "Fundus qui est in agro, qui Sabinus vocatur, eum ego ex jure Quiritium meum esse aio, inde ego te ex jure manu consertum," i. e. "the land situated in the country, called Sabinus, that, I affirm, belongs to me by the Soman laws ; for this reason, therefore, I contest the matter according to law." If the defendant LAW GLOSSARY. 207 yielded, the Prceior adjudged possession to the plaintiff. If not, the defend- ant thus answered the plaintiff, " Vnde tu me ex jure manum eonsertum vocasti, inde ibi te revoco:' "Why do you call me into law ; from this situation and place I refer the matter." Then the Prcetor repeated his set form, " Ulrius- que superstitious prasentilus," (i. e. teslibus prceseniibus,) i. e. " the witnesses on both sides being present." u Istam viam dico ; Initeviam." "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 n. lawyer to direct them. Then the Prartor said, " Reddite viam,' 1 '' Return ; upon which they returned. If it ap- peared that one of the parties had been dispossessed by the other through force, the Prceior thus decreed, " Unde tu ilium dejecisti, cum nee vi, nee clam, nee praxario possideret eo ilium. Restiluas 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, Uli nunc possidetis, &e , i. e. retain (the possession) as you now enjoy, Ac. 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 deterius in possessions facturum) by cutting down trees, demolishing houses, &c. Thus the student will perceive that the practice of livery and seisin clearly appears to be a relic of Soman 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: Childebert the Second, was fifteen years old when his uncle declared he was of age, and capa- ble of governing himself "I 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, " You see that my son Childebert has be- come a man. Obey him." Vide Montesjuieu's Spirit of the Laws, vol. i. 361. Febra election. — This is still the law in England, where a person sues "in forma pauperis;" but the last time it was requested to be put in 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." Feudum. — Feuds, 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, they 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- derie, who began his reign A. D. 562, exacted a Fine, " bannos jussit exegi," (i e. he ordered fines to be levied,) from certain persons who had refused to accompany him in an expedition. Tide Gregor. Turon. lib. 5, o. 26, p. 211. Childebert, who began his reign A. D. 576, proceeded in the same manner against others, who had been guilty of a like offence. Ibid., lib. 1, c. 42, p. 342. Such a fine would not have been exacted whilst property remained in its first state, or as allodial property, when military service was entirely volun- 208 LAW GLOSSAKY. tary. Notwithstanding the almost general prevalence of these Feuds, no doubt many estates were allodial in every respect. — The clearest proof of the distinction between allodial and beneficiary possessions is contained in two charters published by Muratori, by which it appears that a person might possess one part of his estate as allodial, which he could dispose of at pleas- ure ; and the other as a beneficiary, or a feud, of which he had only the usufruct ; the property returning to his superior lord on his demise. Vice Antig. Ital. medii cevi, vol. i. p. 559, 565. The same distinction is pointed out in a Gapitulaire of Charlemagne, 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 " proprietate," or allodial, and what he held " bene- ficio," or as a feud; and it appears, that the greater part was allodial, A. D. 837. Vide Aul. Mircsi opera Diplomatics, Lovan. 1723, vol. 1, p. 19. . When allodial possessions were first rendered feudal, they were not at once subjected to all 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 " Horn- 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 " Eomagium planum" some traces, though obscure, may still be discovered. Brussel, torn. 1, p. 97. Among the ancient writs, published by D. D. Be Vie, and Vaisette, Hist, de Langued. are a great many which they call "Homaga." They seem to be an .inter- mediate step between the " Homagium 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 VHist. de Long., torn. 2, 173, et passim. As soon as men became, by degrees, accustomed to these, the other feudal services were (perhaps gradually) introduced. We may, from the whole, therefore conclude, that as allodial property often subjected those who possessed it to serve the community, so Feuds, Fiefs, or Beneficia, subjected such as held them to personal services and fidelity to Aim from whom they received their land, or from whom they held it, to be protected as before mentioned. Fidei commissa. — 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 (ut restitueret, vel redderei) to some person or per- sons. Whatever was left in this manner, whether the whole estate, or any one thing, as a farm, &c, was called fidei commissim (like a trust estate with us) ; and a person to whom it was left was called Hares fiduciarius, who might either be a citizen or a foreigner. It is probable that from this custom originated the devising of estates in Trust, and upon Uses, which has been so minutely described, in volume upon volume, by some of the English conveyancers. Vide Preston, Sugden, Fearne, &c, &c . The minutice of uses, trusts, contingent remainders and executory devises, necessary to be learned by the English conveyancers, appear, on the first view, to require abilities of no ordinary description to comprehend them. LAW GLOSSARY. 209 A testament of the kind above referred to, was in the form of request or entreaty (verbis precalivis) ; thus Rogo, Peio, Volo, Mando, Fidei tuo committo, Ter. And. ii. 5, and not by way of command, as other testaments usually were (verbis imperativis). These kind of testaments, it is said, might be writ- ten in any language. Firma. — About the time of William the Conqueror, Rents for Lands were reserved to the lords, or great landed proprietors, in victuals, and other necessaries for their use ; but afterwards, (perhaps about the reign of Henry the First,) these Rents were generally altered, and commuted to monied pay- ments. Foidum laicum. — A Lay-Fee. Lands held in fee of a Lay Lord, as dis- tinguished from the Ecclesiastical holding in Frank-almoign. Tide KemeCs Gloss. Fcedusi militare. — A Knight's Fee. — This is said to have been so much inheritance as was enough to maintain a Knight, with sufficient retinue : which in Henry the Third's day was fifteen pounds sterling. Stowe, in his Annals, says, there were found in England, in the time of the Conqueror, 60,211 Knights' fees, whereof the Religious houses, before their suppression, possessed 28,015. Folcmote, or Folkmote. — Spelman says the Follcriiote was a sort of an- nual parliament, or convention of the Bishops, Thanes, Aldermen, and Free- men, upon every May Bay yearly. But Doctor Brady infers from the laws of the Saxon Kings, that it was an inferior Court, held before the King's Reeve or Steward, every month, to do " Folk-right," or compose smaller dif- ferences, from whence there lay an appeal to the superior courts. Tide Brady's Gloss. 48. Squire seems to think the Folkmote not distinct from the Shiremote, or common general meeting of the county. According to Kennet, the Folkmote was a Common Council of all the inhabitants of a city, town or borough, convened often by sound of bell to the Mote-Hall, or house ; or it was applied to a large congress of all the freemen, within a county, where, formerly, all Knights and military Tenants did Fealty to the King, and elected the annual Sheriff on October the first. After which the City Folkmote was swallowed up by the Select Committee, or Common Council ; and the County Folkmote, in the Sheriff's Town and Assizes. Formedou in the Descender; Formedon in the Remainder; and For- medon in the Reverter. — These are three species of writs, frequently men- tioned in the law books. 1st. Formedon in the descender lies, where a gift in tail is made, and the tenant in tail aliens the lands entailed ; or is disseised of them and dies ; in this case the heir in tail -shall have his writ of " Formedon in tlie descender," to recover the lands so given in tail, against him who is then the actual tenant of the freehold. 2d. A formedon in re- mainder lies, where a man gives lands to another for life, or in tail, with re- mainder to a third person in tail, or in fee ; and he who hath the particular estate, dieth without issue inheritable, and a stranger intrudes upon him in remainder, and keeps him out of possession : in this case the remainder man shall have his writ of "Formedon in the remainder," wherein the whole form of the gift is stated, and the happening of the event upon which the re- mainder depended. This writ is not given in express words by the statute De donis ; but is founded upon the equity of the statute, and upon this max- im in law, " that if any one hath a right to land, ho ought also to have an action to recover it." Tide Fitz. K B. 217. 3d. A "Formedon in the revert- er" lies, where there is a gift in tail, and afterwards, by the death of the donee, or his heirs, without issue of his body, the reversion falls in upon the 14 210 LAW GLOSSARY. donor, his heirs or assigns ; in such case the reversioner shall have this writ to recover the lands, wherein he shall suggest this gift, his own title to the reversion minutely derived from the donor, and the failure of issue upon which his reversion takes place. Vide Fitz. N. B. 219. 8 Sep. 88. Franchise. — This means a privilege or exemption from ordinary jurisdic- tion, as for a corporation to hold pleas, &c, &e. And sometimes it is an im- munity from tribute : it is either personal or real, i. e. belonging to the per- son immediately, or by means of this or that place. Franchises are a species of incorporeal hereditaments. Franchise, and Liberty, are frequently used as synonymous terms. Frank-almoign — or Free Gift. This often means a tenure by a Spiritual service, where an ecclesiastical corporation, sole or aggregate, holds lands to them, and their heirs in free and perpetual alms ; and perpetual, supposes to be a. fee simple; though it may pass without the word successors. Vide Idtt. § 133. Go. Lilt. 94. G. Gabella. A tax on merchandise or personal prop- erty. Gafol, Gafel. Eent ; tax ; interest. Gaignont son terre. Tilling his land. Gainage or Gaignage. Implements of husbandry ; also profits from land. Gaustor. One who cultivated arable lands. Gajum. A dense wood. Gales . Wales. Gallia causidicos docuitfacunda Brittannos. France, elegant in its oratory, taught the British lawyers. Gamacta. A stroke. Garandia, Garantia, Garantum. A warranty. Garathinx. An absolute gift. Garrena. A warren. Garstjmme. A fine. Garth. A yard ; a small homestead. Gasachio. An adversary. Gasdsdus. A house servant. Gastaldus. A steward. LAW GLOSSARY. 211 Gaudens hsereditate sua. Eejoicing in his inherit- ance. Gavelkind.' A peculiar tenure of land. Vide note. Gavelet. A process to recover rent or service. Gebocian. A written conveyance. Sax. Geburus. A neighbor ; one who dwelt in a geburscip or village. Geld, Gild. A fine ; payment ; the value. . Gemote. An assembly. Generally comitatuum placita certis locis et vicibus te- neanter. Intersunt autem Episcopi, Comites, &c, et agan- tur primo debita verse Christianitatis jura : secundo, Regis placita : postremo, causae singulorum dignis satisfactioni- bus expleanter. That the general pleas (or suits) of the counties, be held in certain places, and courses. Also that the Bishops, Earls, &c, be present, and that in the first place, the just rights of the true Christian religion be de- termined ; secondly, the pleas (or suits) of the king ; and lastly, that the causes of all persons be determined with due satisfaction. Vide note. Generalis clausula non porrigitur ad ea quse ante spe- cialiter sunt comprehensa. A general clause does not extend to those matters which have been before specially provided for. Generosus. A gentleman. Vide note. Genus generalissimum. The most general kind. Gerefa, or Reeve. A public officer. Sax. This title was attached to various grades of officers. Sheriff or shire-reeve comes from it. Gerere bellum. To wage war. Germanus. Descended from the same ancestors. Gerontocomi. The name of officers (in Roman law) who managed hospitals for the indigent and in- firm. Gersuma. A price for a thing. Gestio pro hasrede. Acting as heir. Pro hcerede 212 LAV GLOSSAEY. gerere est pro domino gerere. — To act as heir is to act as owner. (tetter. To cast. Gewineda. Sax. The public convention of the people to decide a cause — "ffl pax quam aldermanus regis in quinque burgorum ' Gewineda' dabit emendatur 12 libres." JEl. JEtheldred, cap, 1. Gewitnessa. Sax. The giving of evidence. Giptoman. The person who has a right to dispose of a woman in marriage. Swedish Law. Gilda mercatoria.— — " A gild of merchants." A mer- cantile meeting, or assembly ; hence the word " Guild." Giloue. One who cheats in merchandise. Gisaemes. An axe. Gist of action. From Fr. gist. The cause for which the action is brought : the very point in question, without which the action is not maintainable. Yide 5 Mod. 305. Git. -The foundation, or ground : the point. Gladiis, baculis et cultellis. "With swords, staves, and knives. Gleaning. Leasing, or Lesing, from "glanier" i. e. gathering loose corn in the fields after reaping. Vide note. Gleba. ■" Church lands." Generally taken for the lands belonging to the parish church. Gltn. A valley. Godbote. A fine for a religious offence. Sax. Goole. A breakage in a sea wall. Goes. A place where fish are kept. Geadus habitudo distantium personarum, qua propinqui- tates distantia inter personas duas vel diversas discernitur. The state, or degree of different persons, by which is distinguished the affinity between two or more. Ge^oa leguntur in omnibus fere gentibus ; Latina suis finibus sane continetur. The Greek language is read in almost all nations. The Latin, indeed, is confined within their own territories. LAW GLOSSARY. 213 Grafio. Used in European law as gerefa in Anglo- Saxon, and supposed to have a similar signification ; viz., a chief magistrate ; one who collected public dues. Graffer or Greffier. A clerk or notary. Grand cape. A writ whereby the king takes possess- ion of land by the tenant's default. Vide Gape. Grand Serjeanty per magnum servitium. " Grand Serjeanty by a superior service." One of the ancient ten- ures of land. Grangia. A farm house : a farm. Vide note. Grass-Hearth. — ■ — A service of one day's ploughing done by inferior tenants. Grata superveniet qua? non sperabitur hora. That hour will prove the most pleasing, which is not antici- pated. Gratis dictum. — ■ — A free saying : a transitory obser- vation. Gratis litigans.- — Suing as a pauper. Grava. A small grove. Gravius. Chief magistrate. Gravioris injuria? species est quae scripta fit quia diu- tius in conspectu hominum perseverat. Vocis enim facile obliviscimur, at litera scripta manet ; et per manus multo- rum longe, lateque vagatur. "Writing is a species of more serious injury, because it remains longer in public sight, for we easily forget words ; but what is written re- mains, and passes through the hands of many, far and near. Grithbrech. Sax. Breach of the peace. Grithstole. A chair of peace ; a sanctuary. Grosse bois. " Great wood." Such wood, as by the common law, or custom, is reputed timber. 2 Inst. 642. GuADAGiDM. The price given for safe conduct through another person's province or lands. Guardian ad litem. A guardian in the suit. Gubernator. A pilot or steersman of a ship. 214 LAW GLOSSARY. Guild. From Sax. " gildan," to pay. A fraternity, or company, each of whom was "gildare," to pay some- thing. Vide note. Gule of August. The first of August. Gwalstow. Sax. A place of execution. " Omnia gwalstowa, i. e. occidendorum loca, totaliter Begis sunt in soca sua." — i. e. all the places where murderers are executed wholly belong to the king in soccage. Leg. Hen. 1, c. 11. Gyltwitb. Sax. A compensation, or amends for trespass, "mukta pro transgressione." LI. Bdgari Ee- gis anno, 964. Gyvn. A Jew. NOTES TO G. Gatelkktd. — This is a common tenure of landed property in Kent, in England, whereby the estate of the father is equally divided at his decease among all his sons ; or the land of the brother among all his brethren, if he has no issue of his own. It is said that all the lands of England were of a Gavelkind nature before the Conquest (A. D. 1066), and descended to all the issue equally ; but that after the Conquest, when Knight's Service was introduced, the descent was restrained to the eldest son for the preservation of the tenure (vide Lamb. 167, 3 Salk. 129), except in Kent; for the supposed reason of which see Blount, in v. " Gavelkind," who relates the story of the Kentish men surround- ing William the First, with a moving wood of boughs, and thus obtaining a confirmation of their ancient rights. It has been said, that in the reign of Henry the Sixth, there was not above thirty or forty persons in all Kent that held by any other tenure than that of Gavelkind. It appears that the tenure of a considerable part of the lands of that county was altered by the petition of diverse Kentish gentlemen, so as to descend to the eldest son, according to the course of the common law. Vide Hen. viii., c. 3. Blackstone relies on the nature of the tenure in Gavelkind as a pregnant proof that tenure in free Soccage was a remnant of Saxon liberty. It is well known what struggles the sturdy Kentish men made to preserve their ancient liberties, and the success with which they were attended. And it is princi- pally here that we meet with this good and equitable custom, (at least in preference to the unreasonable, if not unjust law of primogeniture,) and we may reasonably conclude that this was a part of those liberties, agreeably to the opinion of Selden, who considered that Gavelkind, before the Norman Conquest, was the general custom of England. Generalia Comitatum, &c. — There is good reason to believe that the powerful leaders, who seized by force, or who obtained for their services from the Conquerors of the Soman Empire different districts of the countries which they acquired, kept possession of them, with all the rights of criminal and civil jurisdiction. The privilege of judging his own vassals appears to LAW GLOSSARY. 215 have been a right inherent in every Baron, who had a Fief, and no doubt ■was often used as a privilege for the most oppressive cruelty. As far back as the Archives of the Northern nations can conduct us with any certainty, the Jurisdiction and Fief were united. One of the earliest charters is that of Ludovicus Pius, A. D. 814, and it contains the right of territorial jurisdiction in the most express and extensive terms. Vide Oapitul, vol. ii. 1405. It appears from a charter in the thirteenth century, that the Barons, who had the right of holding Courts of Justice, received the fifth part of the value of the thing sued for, from every subject whose property was the cause of a trial determined in their courts. If, after the commencement of a lawsuit, the parties terminated it in an amicable manner, or by arbitration, they were (it seems) nevertheless bound to pay the fifth part of the subject contested for to the court before which the action had been brought. Tide Eistorie de Dauphine, Geneve. 1722, torn. 1, p. 22. What was the extent of the juris- diction which those who held Fiefs originally possessed, we cannot now de- termine with certainty. It is evident that during the disorders, which in the middle ages prevailed in every kingdom of Europe, the great Barons took the advantage of the feebleness of the monarchs, and greatly enlarged their criminal, as well as civil jurisdictions. As early as the tenth century, the more powerful Barons had usurped the right of deciding all causes, civil or criminal, " The High Justice," as well as " The Low." Vide Establ. de St. Louis, lib. 1, c. 24, 25. Their sentences were final ; and there lay no appeal from them to a superior court. Not satisfied with this, the more powerful Barons procured their territories to be erected into Regalities, with almost every royal prerogative and jurisdiction. Generosus. — Gentleman. From the Pr. " Gentil." i. e. honestus, vel hon- esto loco natus,—i. e. honorable, or born of an honorable family; and the Sax. Mori, a man, thus meaning a man well born. The Italians call those " Gentil homini," whom we style " Gentlemen." The French, under their an- cient monarchy, distinguished such by the name of " Gentil homme;" and the Spaniards adhere to the meaning, by using the word "Hidalgo," or " Hijo d'alga," who is the son of a man of account. According to some, under the denomination of " Gentlemen," are comprised all above Yeomen. Vide Smith de Rep. Ang., lib. 1, c. 20, 21. A Gentle- man has been defined to be one who, without any title, " bears a coat of arms," or whose ancestors have been freemen; and "by the coat of arms which a Gentleman giveth, he is known to be, or not to be, descended from those of his name that lived many hundred years since." There are also said to be "Gentlemen" by office and reputation, as well as those which are born such. Vide 2 Inst. 668 ; and we read that Kingston was made a " Gen- tleman" by King Richard the Second. Fat. 13, Richd. 2d, par. 1. " Gen- tilis Homo," when the law proceedings were in Latin, was adjudged a good addition. Ml. 27, Edw. 3d. But the addition of "Esquire," or " Gentle- man," was rare before the 1st Hen. the Fifth, though that of " Knight" is very ancient. 2 Inst. 595, 667. Some suppose the word " Gentleman" is derived from "gentle" man, in opposition to fierce, rude, brutal, kc, but this does not appear to have been the case, for we find the word "gentle" in the meaning we now generally use it, to have very materially changed its ancient signification: formerly the word "gentle" seems to have been synonymous with spirited, high-bred, courageous, &c. Thus one of the old poets says : "A gentle Knight came pricking o'er the plain, Who nought did fear, nor ever was ydrad." And again : " He is gentle, and not simple." Gleaning, Leasing, or Lesing — (from Glainer.) Gathering loose corn in 216 LAW GLOSSARY. the fields. It has been often said, that by the Common Law and Custom of England the poor are allowed to enter and glean upon another's ground after the harvest without being guilty of trespass, which humane provision ap- pears borrowed from the Mosaic Law. Vide also trials per Pais. c. 15, pp. 438, 534. But it now appears to have been settled, by a solemn judgment, that a right to glean in the harvest field cannot be legally claimed by any person at Common Law. Vide 1 H. Black. Rep. 51, 63. Burr. Rep. Rex v. Price, 1926. Grangia. — A house, or farm, where corn is laid up in barns, granaries, &c, and provided with stables for horses, stalls for oxen, and other things necessary for husbandry. This definition is agreeable to Spelman. Accord- ing to Wharton, " Grange" is strictly, and properly, the farm of a monastery where the religious deposited their corn. Dr. Johnson derives the word from Grange, Fr., and defines it to be a farm, generally — a farm, with a house, distant from neighbors. In Lincolnshire, and in other northern coun- ties of England, a lone house, or farm, is called a " Grange." Vide Stevens's Shakspeare. Guild. — The original of the Guilds is said to be from the old Saxon law, by which neighbors entered into an association, and became bound to each other, to bring forth any person who committed a crime, or make satisfac- tion to the party injured ; for which purpose they raised a sum of money themselves, and put it in a common stock, whereout a pecuniary compensa- tion was made, according to the nature of the offence committed. In those rude times, this obligation was of great service to the community, as it excited the householder to be watchful of the conduct of every new sojourner in his vicinity. H, Habeas corpora. That you have the bodies. Habeas corpora juratorum. "That you have the todies of the jurors." A writ so called. Habeas corpora quatuor militum. That you have the bodies of four knights. Habeas corpora recognitorum. That you have the bodies of the recognitors. Habeas corpus. " That you have the body." The great writ of the people's liberty. Habeas corpus ad recipiendum. That you have the body to receive. Habeas corpus ad respondendum. That you have the body to answer. LAW GLOSSARY. 217 Habeas corpus ad satisfaciendum. That you have the body to make satisfaction. Habeas corpus ad satisfaciendum, et ad recipiendum. That you have the body to satisfy, and to receive. Habeas corpus ad subjiciendum. That you have the body to submit (or answer). Habeas corpus ad testificandum. That you have the body to give evidence. Habeas corpus cum causa. That you have the body with the cause (why he is arrested). Habeas corpus cum causa, ad faciendum, et recipien- dum. That you have the body, with the cause (of the arrest) to do, and to receive. Habeat et habebit tarn plenam potestatem, &c. He may have and shall enjoy as full power (or authority) &c. Habendum et tenendum sibi et hseredibus. To have and to hold to him and his heirs. Habendum per liberum servitium. To hold by free service. Habentem hsereditatem in maritagio — vel aliquam ter- rain ex causa donationis.- Having an inheritance in marriage, or some other gift of land. Habentia. " Eiches." In some ancient charters, the term "habentes homines," is taken for rich men. Habent legibus sancitum, si quis quid de republica, si- nistris, rumore, aut fama acceperit, ut ad magistratum de- ferat neve cum alio communicet; quod ssepe homines temerarios atque imperitos falsis rumoribus terreri, et ad facinus impelli, et de summis rebus consilium capere cog- nitum est. They have it ordained by law, that if a per- son hear anything affecting the republic, by omens, rumor, or report, that he lay it before the magistrate, and not communicate with any other person ; because it is known that thoughtless and illiterate men are frequently fright- ened by false rumors, and driven to commit crimes, and 218 LAW GLOSSARY. conceive (bad) intentions in affairs of the greatest im- portance. Habent recognitiones.— — They have their recogni- zances. Habere. To have. Habere cognitionem placitorum. To hold cogni- zance of pleas. Habere facias possessionem. That you cause to take possession. Habere facias seisinam. That you cause to have the possession. Habere facias visum. " That you cause a view to be taken." Also a writ which lay in divers cases, in real ac- tions, as in formedon, &c, where a view was required to be taken of the lands in controversy. Vide Fitz. N. B. Habere in procinctu. To have in a state of readi- ness. Habere non debet. He ought not to have. Haberet, occuparet et gauderet. He might have, held and enjoyed. Habet aliquid ex iniquo omne magnum exemplum, quod contra singulos, utilitate publica rependitur. Every great example of punishment has in it something of injus- tice ; but the sufferings of individuals are compensated by the service rendered to the public. Habet nulla bona. He has no goods. Habeto tibi res tuas. Have your goods to yourself. Habet Bex plures curias in quibus diversse actiones terminantur, et illarum curiam habet unam propriam, sicut aulam regiam, et judices capitales, qui proprias causas regis terminant, et aliorum omnium per querulam, vel per privilegium, seu libertatem. The King holds more courts in which various actions are terminated, and among these he has one proper court, as a Eoyal Hall, and Chief Justices, who decide the king's own causes, and those of all others (brought) by complaint, privilege or license. LAW GLOSSARY. 219 Habjlles ad matrimonium. Fit for marriage. Habilis et inhabilis diversis temporibus. Capable and incapable, at different times. Habitatio dicitur ab habendo. A dwelling bouse is (so) called from holding (or possessing). Habitdm et tonsuram clericalem. A clerical gown, and shaving of the head. H/rcc falsa, ficta, mahtiosa verba. These false, feigned and malicious words. TT/F.c est finalis concordia. This is the last agree- ment. HiEC in fcedera non venimus. We have not entered into these agreements. Tim e, quae nullius in bonis sunt, et olim fuerunt inven- toris, de jure naturali, jam efficiuntur principis de jure gentium. Those things which have no owner, and here- tofore were the property of the finder, are now made the right of the sovereign by the law of nations. ILec sunt institutae quae Edgarus Kex, consilio sapien- tium suorum, instituit. These are the institutes which King Edgar enacted, by the advice of his learned coun- sellors. H^;c sunt institutiones quae Eex Edmundus et Bpiscopi sui, cum sapientibus suis instituerunt. These are the or- dinances which King Edmund and his Bishops, with their council, enacted. ILec sunt judicia quae sapientes in rebus arduis institue- runt. These are the rules enacted, by the learned in difficult matters. Ble nugae in seria mala ducunt. These trifles lead to serious mischiefs. ELereda de omnibus quidem cognoscit, non tamen de omnibus judicat. The Court Leet, indeed, takes cog- nizance of all things, but does not give judgment in all. ELeredem deus facit, non homo. God makes the heir, not man. 220 LAW GLOSSARY. ELeredes extranei. Extraneous heirs, such as were not within the power of the testator. ILeredes maritentur absque disparagatione.— — That heiresses be not improperly married, (meaning not married to persons of low estate.) ILeredes proximi. Children of the deceased. BLeredes successoresque sui cuique liberi, et nullum testamentum — si liberi non sunt, proximus gradus, in pos- session, fratres, patrii, avunculi. The children of every man are his heirs and successors, if there be no will — if there be no children, the next of kin, as brothers, paternal or maternal uncles succeed to the possession. Vide note. Hjeredi facti. Heirs made (by will or testament). Hjeredipeta. One who seeks to become heir to another. TT credit AS jacens. An estate lying vacant between the demise of the last occupant and the entry of the suc- cessor. Hereditas luctuosa. An inheritance opposed to the natural order of humanity, — such as a parent to suc- ceed to the estate of a child. Hereditas naturaliter decendit, nunquam naturaliter ascendit. An inheritance naturally descends, never nat- urally ascends. Hjsreditas nunquam ascendit. An inheritance never ascends. Hereditatem augendo. By increasing the inherit- ance. HiERES astrarius.- The heir in actual possession of the estate he is to inherit. Heres est nomen juris ; nlius est nomen naturae. Heir is a term of law ; son, a term of nature. H^eres factus. A person who becomes the heir by gift or devise. Heres fideicommissarius. -The person for whose benefit the estate was given in trust to another. LAW GLOSSARY. 221 ILaiRES fiduciarius. An heir to whom the estate is given in trust for another person. ELeres jure representationis. The heir by right of representation. H-Sires legitimus est quern nuptias demonstrant. He id the lawful heir whom the marriage shows to be so. BLARES natus. "A person born the heir:" in opposi- tion to hoeres /actus (a person made heir by will). ELeres non redimet terram suam sicut faciebat tempore fratris mei, sed legitima et justa revelatione relevabit earn. The heir shall not redeem his land as he did in the time (or reign) of my brother ; but by a lawful and just fine he shall relieve it. ILffiRETico comburendo. By burning the heretic. Vide note. H&reticus est qui dubitat de fide Catholica ; et qui neg- ligit servare ea qua? Rornana Ecclesia statuit. A heretic is one who doubts the Catholic faith ; and neglects to ob- serve those things which the Roman church has ordained. Hafne courts. Courts held in certain havens or ports in ancient times. Haga. An enclosure or hedge. Halfktneg. The title given to the aldermen of England. Haligemot. A Saxon word. A meeting of citi- zens in their public hall, or tenants in the hall of their baron. Hallage. (In old English law.) A fee due for such commodities as were sold in the public hall of the town. Halltwercfolk. Persons among the Saxons who had charge of land for the benefit of the church, or to re- pair or defend sepulchres. Hamallare. To summon. Hamesecken. Bobbery from a dwelling : burglary. Hamsoca. From ham, Sax., and scone, liberty. Vide note. 222 LAW GLOSSARY. Hanapee. A large bag or basket used in the English chancery court for keeping the fees or money received. Hanc veniam damus, petimusque vicissim. We give and ask leave in return. Handgrith. Protection given by the king with his own hand. Handbabend. Having in hand. Handsale. Anciently it was the custom among northern nations to confirm a sale by the parties shaking hands. Hantelod. (From the German.) An attachment. Harmiscaea, harniscara. A species of fine. Haro. Hue and cry. Harth penny. In ancient law a tax laid upon every hearth — similar to Peter-pence. Hauber. A great lord. Haud inscia, et non incauta futuri. Neither ignorant, nor careless, with respect to the future. Healfang, or Halsfang, from Sax. "Hals," collum, and " fang," capere. That punishment " qua alicui collum stringatur," i. e. Collistrigium, the Pillory. Sometimes the word means, "a pecuniary mulct," to commute for standing in the pillory. Leg. Hen. 1, c. 11. Hedagium. The toll paid ,at a wharf for landing goods. Henchman, from the Ger. " Hengst" a war horse. It signifies one who runs on foot, attending upon a person of honor. Vide Stat. 3, Edw. 4. He ne es othes worthes that es enes gylty of oth broken. — — This was the old English proverb, spoken of a person who had been convicted of perjury. Herbagium anterius. The first crop of grass or hay, in opposition to the aftermath. Yide Paroch. Antiq. 459. Herbagium terrse. The herbage of the Land : the crop. Herbergare. To harbor— from " heribergum," LAW GLOSSARY. 223 "heriberga;" Sax. "hasreberg," a house of entertain- ment. Herciscere. To divide. The word Erciscere is fre- quently used instead. Hereditament. Anything whatever capable of be- ing inherited, be it real, personal or mixed property. Heregeld. Sax. A tribute or tax for the mainten- ance of an army : "Heregeld" or "Herezeld" is also some- times synonymous with Heriot. Heretoche. From Sax. "here," army, and " togen" to lead. The General of an army. Leg. Edw. Confess. Ducange says the " Heretochii " were the Barons of the realm. Heretochii. Dukes: Generals: Leaders. Heri. Landholders, or proprietors. Herireita. — ■ — From Sax. " here," army, and " ryt," a band, a military band. Herrietttjm. A " Herriot." The giving of the best beast, or second best to the Lord of the soil, upon the death of the tenant. Herus dat, ut servus faciat. The master pays, that the servant may do his work. Herischild. Army service, or knight's fee. Hetaeria.— — Fraternity, brotherhood. Heylode. A tax upon the lower tenants, to mend or repair hedges. Hiatus maxime deflendus. A chasm greatly to be deplored. Hie contractus (scilicet feudalis) proprius est Germanica- rum Gentium ; neque usquam invenitur nisi ubi Germani sedes posuerunt. This contract (to wit the feudal one) is peculiar to the German nations, nor is it found any where else, except where the Germans were located. " Hie est qui leges regni cancellat iniquas, Et mandata pii principis sequua facit." " It is he who expunges the unjust laws of the realm ; 224 LAW GLOSSARY. and performs the equitable commands of a pious King." The words of Jbhannis Sarisburiens, speaking of the office of Chancellor — he died in the 12th century. Hio finis fandi. Here was an end of the discourse. Hidare. (In old English law.) A tax upon land pay- able by hides. Hus testibus, Jdhanne Moore, Jacobo Smith, et aliis, ad hanc rem convocatis. " These witnesses John Moore, James Smith, and others, being called together for the pur- pose." [When lands, during the middle ages, were transferred by writings, the scribe usually wrote the names of the wit- nesses himself. Yide note to " In cujus rei testimonium."] Hinc petenda ratio, cur posthumo prasterito placeat tes- tamentum ab initio valere ; nimirum quia fieii potest, ut non nascatur abortum muliere, ex qua sperabatur, atque hacte- nus ergo nee pro nata habetur ; frustraque objicitur eum qui in utero est, quoties de commodo ejus agitur, pro eo qui in rebus humanis sit, non haberi. Nullum enim hie incommodum sentit, cum statim ut editus est testamentum rumpat ; et regula ista sic temporanda est, si modo postea nascatur, tunc enim fictione juris nativitas retro trahitur. On this account the reason is to be demanded, why a will may, from its commencement, be efficient in benefit- ing a posthumous child ; certainly it is because it may so happen that it may be born alive by the expecting parent, but as hitherto it cannot be considered in esse ; and it is unreasonably objected that an unborn child, as often as a thing is done for its benefit, is not to be esteemed as already in existence. For he is sensible of (doing) no injury who destroys the will (itself) as soon as he is born ; and in this manner the rule is regulated, that if a child be afterwards born, then, by a fiction of law, the birth has a retrospective application. Hindeni homines. From Sax. " hindene," i. e. socie- tas. A society of men. Vide note. LAW GLOSSARY. 225 Hine. A servant. Vide note. His damnare reos, illis absolvere culpa. By these the guilty are condemned, by those the innocent are acquitted. Vide note. His perfectis, jurabant in leges judices, ut obstricti reli- gione judicarent. This being accomplished, the judges swore upon the laws, that they would judge under the ob- ligation of their religion. Hoc audi, homo, quern per manum teneo, &c. Hear this, man, whom I hold by the hand, &c. Hoc facias alteri, quod tibi vis fieri. Do to another, as you would he should do to you. Hoc paratus est verificare per recordum. This he is ready to verify by the record. Hoc quidem perquam durum est, sed ita lex scripta est. This truly is somewhat severe, but so the law is written. Hoc te uno, quo possum, modo, filia, in libertatem vin- dico. My daughter, I set you at liberty, by the only method of which I am capable. Hoc vobis ostendit. This shows to you. Hoc volo, sic jubeo : stet pro ratione voluntas. This I will ; this I command : let my will stand in the place of reason. Hoketide, Hockday or Hocktide( Ocedes) diem observa- tum tradunt in memoriam omnium Danorum, ea die clan- culo et simul a mulieribus fere occisum : Hoketide. (The day of slaughter). They hand down this transaction as one to be observed in memory of the Danes, who were al- most totally and secretly murdered on that day by the women. Vide Spelm. Gloss, verb. "Hoc Day." Holograph. A will in the testator's own hand- writing. Homage ancestral. Homage by ancestry. Homagium. Homage. Homesoken, Homsoken, or Hamsoken, or Hamsoca. From "Ham," Sax. a house, and "scone," liberty. Homicidia vulgaria, quae aut casu, aut etiam sponte 15 226 LAW GLOSSARY. committuntur ; sed in subitaneo quodam iracundias colore et impetu. Common homicides, which are committed by chance, or even by design ; but in some sudden heat and violence of passion. Homicidium quod nullo vidente, nullo sciente, clam per- petratur. Homicide, which, no one seeing or knowing, is done privately. Homine replegiando. " By replevying (or redeeming) a person." A writ so called. Homines liberi. Lawful men : liege men. Vide note. Homines ligii, Homines de fief, Hommes feodaux. Feudal tenants. Homo alta mente prceditus. A man endowed with a lofty mind. Homo casutus. One who served within a house. Homo chartularius. A slave freed by charter. Homo commendatus. One who delivered himself into the power of another for protection or maintenance. Homo consiliarius. A counsellor. Homologaee. To confirm or approve. Homo mercator vix aut nunquam potest Deo placere ; et ideonullus christianus debet esse mercator ; aut si volu- erit esse, projiciatur de ecclesiae Dei. A merchant can- scarcely, if at all, please God, and therefore no Christian should be a merchant ; and if he wishes to be one, let him be expelled the church of God. Vide note. Honeste vivere ; alteram non lsedere ; suum cuique tribuere. To live honorably, not to injure another, and to give to every one his own. Honoeum luce conspicuos et patrimonii ditioris. — — Con- spicuous from the splendor of rank, and richer from (the inheritance of) patrimony. Hoeal juridicEe. Hours during which judges preside in court. Hoes de son fee. Out of his fee. Hospitia curiae Inns of court. LAW GLOSSARY. 227 Hospitilarii. Hospitallers : or Knights of a relig- ious order. Vide note. Hostelagium. A right reserved in ancient times by lords to receive lodging and entertainment in the houses of their tenants. Hostem adjuvat. He abets the enemy. Hostes hi sunt qui nobis, aut quibus nos publice bellum decrevimus ; caeteri latrones, aut prsedones sunt. They are enemies against whom we have publicly declared war ; others (are considered) as spoilers and robbers. Hostis humani generis. An enemy of the human race : a Pirate. Hotchpot. This word alludes to a custom that the properly given to a child in the father's life-time shall, upon his decease, be reckoned with the remainder of the effects of the person dying ; and then a division be equally made. Vide note. H. P. captus per querimoniam mercatorum Flandrice, et imprisonatus offert domino regi hies et haut in plegio ad standum recto, et ad respondendum praedictis mercatoribus et omnibus aliis qui versus eum loqui voluerint, &c. H. P., arrested on complaint of the merchants of Flanders and imprisoned, offers to the King an elder-tree, and a halbert's staff, as a pledge, to stand (or appear in court) and to answer to the said merchants and to all others who shall be desirous to allege anything against him. Hundred. (In English law.) A subdivision of a county, so named because originally composed of ten til- ings, or consisting of one hundred freemen. It is said that Alfred instituted this territorial division. Hussier. Doorkeeper. Hutesium et Clamor. Hue and cry. Vide note. Hyde Lands. From "hyden," Sax., to cover. A plough land. Vide note. Hypotheoa. A Gage or Mortgage. Vide note to Mori- gagium. 228 LAW GLOSSARY. NOTES TO H. ILeredes, successoresque, &c. — That estates should descend to the heirs of the body, and, in case of the default of such representatives, to the next in proximity of blood, if not a law of nature, seems to correspond with its dictates. History hardly carries us back to a time, when the admission of this claim did not prevail among mankind. This appears to have been the universal rule of transmission of property, and to have been established in communities widely separated by time and place. Thus, the representa- tion in the channel of blood and proximity, seems to have had its founda- tion higher than any positive institutions, though to positive institutions we must, of course, refer the modifications of this rule of succession, which, in- deed, has been so variously ordered, that perhaps no two nations exactly resemble each other in their institutions regarding it. That the right of controlling this succession by the private will of the possessor, was an improved age of legislation, there is much concurrent testimony to show. Until the legislation of Solon, the Athenians did not possess this privilege ; as it appears from many authors, particularly from Plutarch, in his life of Solon; nor, according to Selden "de success, de bonis Sebr.," c. 24, did it exist- among the ancient Jews; nor, as we learn from Tacit, de mor. Ger., c. 20, among the Germans in his day. The tenderness which continued to prevail among the ancient Romans for the legal heir, is strongly displayed in their provisions by the laws, Fwria, Vocania, and Falcidia ; and more pointedly, perhaps, by their remedy of" Querula inofficiosi testamenti" — i. e. "the complaint or suit as to a disinheriting will." This suit often, or perhaps generally, arose, wher- ever a will was made against the order of natural affection, without reason- able cause. "With respect to the question, how far the right of disposition by wiU ex- isted among the Romans, before the law of the Twelve Tables, there seems to be much variety of opinion. Justinian proposed the order in which the form of the " testamenti f actio " — i. o. " the making of a testament," proceed- ed, which the student will consult with much satisfaction, in the commentary of Vinnius, edited with notes by JBeineccius, in the title "Be testamentis or- dinandis." It appears that the most ancient mode of making a testament among the Romans, was by converting a man's private will into a public law ; for such seems to have been the object and intention of the promulga- tion of a testament " in calatis comilus," i. e. " in the presence of the Roman people," summoned before the sacerdotal college, "per curias." And, ac- cording to Heineccius, these assemblies were not convened specially for the giving sanction to wills, sed legum ferendarum magistralum, qui creandorum causa immo, et ob alia negotia publica beUum, 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 /actio " has, in the text of the imperial law, been said to be non privati, sed publici juris — i. e. "not of private, but of public right." And again, by Vlpian, it is said, " legatum est, quod legis modo testamenti) relinqu'itur." XIlp., 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 " girV for war, with the uncertainty on their minds of their ever returning ; and was among the immunities, in regard to property, conferred by the Romans on the de- fenders of their country. LAW GLOSSARY. 229 But, as the Comitia was held but 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 difficult, 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 with these " Comitia," (according to Gellius, lib. 5. c. 19,) a third method was struck out, which might facilitate the ultimate disposal of private property to all descriptions of persons ; and this last method was called the "testamentum per ces et libram — i. e. "the testament made by money and balance," which was a fictitious purchase of the family inherit- ance, 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 vetusti inoris in venditione atque alienatione rerum mancipi, qua uno verbo, mancipatio dicitur, nimirum ut is in quern hce res transferebantur, eas emeret domino aire et libro appenso ei numma uno" — i. e. "the form of ancient usage in the sale and alienation 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 Btill retained after the promulgation of the law of the Twelve Tables had authorized the making of wills by the clause of " Palerfam, uti legassit, &c, ita jus esto" — i. e. " as the master of the family chooses to do, &c, let that be the law ;" for it was still considered as neces- sary to raise the will of a private man to a level with the laws of the state, that it should take the shape of a strict legal transaction "inter vivos;" for iestandi depecunia sua hgibus certis facultas estpermissa, non autem juris die- iionis mutare formam, veljuri publico derogare cuiquam permissum est;" c. 6. 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 " testamentum per as et libram ;" 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 Praetor, other forms, at length, were brought into practice, by virtue of which "jus hono- rarium," the "mancipatio," and the weighing and delivering of money was dispensed with ; and, in their stead, the solemnity of signing by seven wit- nesses, was introduced, the 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 text of Justinian informs us, the " Lex Prosioria" 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 Pratorian edict, their seals should be affixed ; and that the number of wit- nesses should be 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, " improbala constitulione juris civilis de septem iestibus adhibendis et nimis longe recedente ah eo quod scriptum est, in ore duorum vel irium testium stet omne verbum." Vide Swinb. 64, Duet. c. 18, Matt. c. 18 — i. e. " that is very far removed from the constitution of the civil law as to 230 LAW GLOSSARY. the producing 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. Swinburn 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. Br acton has also the following passage — ''Fieri au- tem debet testamentwm liberi lwminis ad minus coram duobus vel pluribus viris legalibus et honestis, clericis vel laicis ad hoc specialiter convocatis, ad proban- dwm testamentwm defancti si opusfuerit, si de testamento dubitatas." Brac- ton, lib. 32, fol. 61, — L 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 thereto." 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. H/ERETico comburendo. — This writ formerly lay against a Heretic, 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 Fitz. 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 " hceretico comburendo," is only known in name. "We 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 mild precepts of Christianity. Hamsooa, &c. — 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- solcen." This we take to be what is now called Burglary. Tid. Bract, lib. 3, Bu Cange Leg. Ganuti, c. 39. It is also sometimes taken for an impunity to those who commit burglary. Tide W. Thorn., p. 2030. In the 'Scotch law, " ffaimsucken" 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 Diet. Hindeni Homines. — In the time of the Saxons all men (among them) were ranked into three classes, and valued as to satisfaction for injuries, &c, 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 shillings, and called Twy hind men ; their wives were termed Hindas. Tide Brompt. Leg. Alf., cap. 12, 30, 31. Hine — or, rather, perhaps, " Hind." 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 damnari eeos, &c. — It was anciently the custom with the Romans to use white and black pebbles (lapilli, vel calculi), in voting at trials, " mos erat anliquis niveis atrisque lapillis" — i. e. "it was a custom (to vote) with white and black pebbles." "His damnare reos, ittis absolvere culpa" — i. e. "by these the accused are condemned, by these they are acquitted." Ov. Mel. xv. 41. Hence the expression, " CausU paucorum calculorum," a cause of small LAW GLOSSARY. 231 importance ; where there wore few judges to vote. Quinct. viii. 3, 14. " Om- nis cakulus immittem demiltitur ater in urnam," meaning "ho is condemned by all the judges." Ov. Met. xv. 44. " Reportare calculum deteriorem," to be condemned; "meliorem," to bo acquitted. Corp. Juris — "ErroriaSmm calculum adjicere," meaning to pardon or excuse. Vide Plin. Ep. i. 2. To this Horace is thought to allude. Sat. ii. 3, 246. " Greld an carbone no- tandif" i. e. "are they to be acquitted, or condemned?" and Pers. Sat. v. 108 ; but more probably to the Soman, custom of marking in their calendar unlucky days with black (carbone), with charcoal, whence " dies atri," for " infausti," i. e. unlucky days, and lucky days, marked with white (cretd vel cressd nold), with chalk. Hence, "notare, vel signare diem looted gemmd vel albd melioribus lapittis; vel albis calculis," meaning to mark a day as for- tunate. Mart. viii. 45, ix. 63, 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 while pebble if 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. Tide Plin. vii. 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 Ostracism. Nep. in Themist 8, Arrist. Diodorus says the banishment was for five years only, xl 65. When the number of judges who condemned and those who acquitted were equal, the criminal was dis. charged, (vide Gic. Gluenl. 27. Pint, in mario) calculo 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 (sententid) of that goddess. Vide Gic. pro Mil. 3, &c. In al- lusion to this, a privilege was granted to Augustus, if the number of the indices was but one more than those who acquitted, of adding his vote to make an equality; and thus of acquitting the criminal. Vide Dio. Ii. 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 inflexibility scorned to act so meanly ; and was, on that account, the more liable to condemnation by his undiscerning 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 Prakir, 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. Gic. Brut. 22. " Bis ampliatus, tertia, absolulus est reus." Liv. xliii. 2. — i. e. " Twice and thrice adjourned, the accused is discharged." Causa L. Ooltce, seplies ampliata, 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 Prmtor, 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 habiht 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 GLOSSAKY. one's client, and by neglect or collusion in assisting his opponent, (Cic. Topic, 36. Plin. Ep. i. 20, iii. 9, Quinctil. ix. 2,) which were considered among the Romans most odious crimes ; but to the immortal honor of that nation, the offence was not even mentioned to 'have arisen for several hundreds of years ! Homines libeei. — These were persons employed, it is said, chiefly in ag- riculture, and were distinguished by various names among the writers of the middle ages. Arimanni ; Conditiondks ; Originairii; 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 like- wise bound themselves to perform several small services " in prato, vel in messe, in aralura, vel 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. 712, and in Du Conge, 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 liberi," 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, el vol. ii. 446. This account of the condition of these different 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 voluntarily surrendered themselves as slaves to their powerful masters, This they did in order that these masters might become, in those warlike times, more immediately interested to afford them protection, together with the means of subsistence for themselves and their families. The forms of such a surrender (or " Obnoxiatio," as it was then called) are preserved by Marcvlphus, lib. ii., c. 28 ; and in the collection of Formulas compiled by him, c. 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 liberty 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. Tide Du Cange, voc. " Oblalus, n 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 of 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. Tide Brackfs Preface to Gen. ffist. ; also L'Espr. des loix, liv. 30, c. 11. ' Homo meeoator, &c — The odium with which the Monkish Clergy looked upon those engaged in traffic 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 altogetlier; and considered it impossible that any one could be honest, who was so engaged ; and much is it to be regretted that the least spark of this odium 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. Hospitilawi — Hospitallers. — These were Knights of a Eeligious order, so called, because they built an Hospital at Jerusalem, wherein pilgrims were received. To these Pope Clement transported the Templars ; which order he afterwards repressed for their many great offences. The institution of this order 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, el Stowe's Ann. Hotchpot. — This word comes from the Fr. " Hotchepot," 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 » blending, or mixing of lands given in marriage with other lands in fee, fatting by descent ; as if a man seised of thirty acres of land in fee, hath 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 land 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. Vide Co. Litt. 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 " Clamor de haro." Vide Grand Cusiumary, c. 54. But the Clamor 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 loud voice," before many witnesses, affirm it to be his property, and demanded restitution. This the Scots called "Hutesium," and Skene says it is deduced from the French " Oyer," i. o. Audire, to hear, (or rather Oyez,) being a cry used before a proclamation. The manner of their Hue 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 verb. "Hutesium." In Hot. Claus. 30, Hen. 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- iudinem 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. Hyde 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 " Familiam," and says it is as much as will maintain a Family. Others call it Mansum, Causatam, Carucallam, Sullingham, &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. Litt., fo. 69. The distribution of England by Hides of land is very ancient, for there is mention of them in the Laws of King Jna. 234 LAW GLOSSABY. I. Ibi esse poena, ubi et noxia est. Where the 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 in 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 laeva cauterize- tur. Therefore it is considered that he be burnt in his left hand. Ideo consideratum est quod prsedict' quEeren' 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. G. de utlaga- ria prtedicta 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 that 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., sc. 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. 0. 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 haeredibus 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 writing 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 is 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. Ignorajsttta legis non excusat. Ignorance of the law does not excuse. Ignoranti assecuratore.— — The assurer being ignorant. Ignoscitur ei qui sanguinem suum qualiter redemptum voluit. " He is pardoned who would in such a manner ransom his own blood," — i. e. That person who Villa 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 praeponere 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, so' 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 ne"cessaire que les volentes des parties concurrent dans le meme in- stant ; pourou que le volenti soit declared avant que l'autre ait revoque la sienne, la convention est valablement for- LAW GLOSSARY. 237 mee. It is impossible to conceive of a contract without the 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 valid. Il fuit juge par le parlament de Paris, que l'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 difficilis sit ejus prosecutio. That may be, as its prosecution may be difficult. Illb 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 praeeep- tum fuerit, nee scire debet sero quid facere debet in cras- tino ; et semper tenebitur ad incerta. He who holds in villenage 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 conspiraverunt. They conspired devilishly, wickedly and maliciously. Illickes. 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 poterit foedum militare. That may be called a Knight's fee. Illud enim nimiae libertatis indicium, concessa toties impunitas non parendi ; nee enim trinis judicii consessibus 238 LAW GLOSSARY. poenam perditse causae contumax meruit. For it is a sign of too much liberty, when disobedience to appear (in 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. Illud 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 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. Vid. Brompton svb Anno. 1076. Those persons who prac- ticed this art were called " Illuminatores" whence our word " Limners." Vide note to " Alluminor." Il n'pas permis 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 peut cependant etre laisse d' l'arbitrage d'untiers, si le tiers ne veut ou ne peut fair l'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. Imblader. To sow grain. Immensus aliarum super alias acerbatarum legum cumu- lus. A huge pile of severe laws upon laws heaped one upon another. Immiscere. To mingle or meddle with a thing. Immoderate suo jure utatur, tunc reus homicidii sit. He who excessively uses his own right may be guilty of homicide. Impaecare. To shut up. Impaelance. A time granted by the court for the defendant to plead. Imparlance est quando ipse defendens petit licentiam LAW GLOSSARY. 239 interloquendi, so. quant le defendant desir le cour de doner a 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. Imparsonee. He who is inducted into a benefice. Impediens. A defendant, or deforciant; Impend. — r-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. Impetere. 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. Imprimatur. (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. Impruiamentum. The improvement of land. Impuris 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 adjudications executionis judicii. In the adjudg- ing execution of the judgment (or decree). In adjudications 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 sequilibrio. 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 Eegis. 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 ecclesise, 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 delictum. 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 " in capite" are those 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. Lncendit et combussit. He sat on fire and burnt up. Incertam et caducam hsereditatem relevebat. He raised up an uncertain and falling inheritance. Incestus, Uxorcidium, Eaptus, Susceptio proprii filii de LAWGLOSSABY. 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 marriage. Inchoate. Begun. Incipientibus nobis exponere jura populi Eomani, ita videntur tradi posse commodissime, si primo levi ac simplici 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 efficiemus, aut cum magno labore, ssepe etiam cum dif- fidentia, quas plerumque juvenes aver tit, serius ad id perdu- cemus ad quod, leviore via ductus, sine magno labore, et sine ulla diffidentia 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 beginning, 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. Incipitub. It is begun. Inclamaee. To cry out, or proclaim, as in court. In clientelam recipere. To receive under protection. Inolusio 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 colloquio. In a discourse. In communibus placitis. In the Common Pleas. In consimili casu. In a like case. 16 242 LAW GLOSSARY. In constantem virum. Upon a courageous man. In continuando flagrante disseizina, et maleficio. By persevering in a wicked and malicious dispossession. In contractibus veniunt ea quae sunt moris et consuetudi- nis in regione in qua contrahitur. 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 souls. Inceementum. Increase : improvement. Inceocaee. To hang from a hook. In cujus rei testimonium apposui sigillum meum, &c. 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. Independence 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 Kichard Eoe are now generally used as the persons on whom this obligation devolves. Lstdicavit. 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 GLOSSARY. 243 In dominioo suo ut de feodo et do 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 dominico suo ut de feodo talliato. In his demesne, as of fee tail. Est dominio suo. In his demesne ; or lordship. In domo procerum. In the House of Lords. In dorso. On the back. Indossans. An indorser. Indossatarius. An indorsee. In dubiis. In doubtful cases. Inducts. A stopping or suspension of proceedings. In Eire. This means in the ancient court of the judges in " Uyre," who went the circuit of England. In ejus unius persona veteris reipublicas vis atquemajes- 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 equilibria 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 lata?, 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 ecclesiae. In the presence of the church. Vide note to " Assignetur." In facie ecclesise, et ad ostium ecclesiae, non enim valent 244 LAW GLOSSAEY. facta in lecto mortali, nee in camera, aut alibi ubi clandes- tiua fuere conjugia. In the presence and at the door of the church, for marriages are of no validity when per- formed in a man's bed, nor in his chamber, nor elsewhere where they were secretly made. Infangthief. A thief taken with a Lord's fee. Infantije proxima. Next to infancy. In favorem prolis. In favor of the issue. In favorem vitse, et privilegii 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 aequitas. 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. Yin., 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, after payment of all his debts, sues "to forma pauperis, 1,1 and pays no Coun- sel or Attorney's fees.] In foro conscientias. Conscientiously: in the court of conscience : in a man's own conviction of what is equit- able. In foro seculari. In a lay court. Infra setatem. "Within age. Infra annum luctus. Within the year of mourning : the " widow's year." Vide note. Infra corpus comitatus. "Within the body of a county. Infra hospitium. "Within an inn. LAW GLOSSARY. 245 Infra dignitatem curiaa. Below the dignity of the court. Infra intention' seperal' statut' contra decoctor' edit' et provis'. Within the meaning of the several statutes made and provided against Bankrupts. Infra praesidia. Under the garrison, guard or con- voy. Infra prassidia hostium. Under the enemy's protec- tion. Infra quatuor maria. Within the four seas : (mean- ing within the realm of England.) Infra sex annos. --Within six years. Infra summonitium Justiciorum. Within the sum- mons of the Justices. Infra tempus semestre. Within half a year. In fraudem legis. Contrary to law. Infregit 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 loci contracti. At in his quae 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 concilio, vel principium aliquis, vel pater, vel propinquus scuto, frameaque, juvenem ornant. Haec apud illos ut toga, hie primus juventae 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 GLOSSARY. adorns the 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. Iniquum. 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 au- other at law. [These were phrases used by the ancient Bomans.'] Injuria illata in corpus non potest remitti. Personal injuries cannot be remitted. Injuriam 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. Inlegiare. 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 hasredis. 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 GLOSSARY. 247 In manu. In possession. In misericordia domini regis pro falso clamore. In the 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 assizse. 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 praedam currere. In the misery and misfortune of the shipwrecked 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 " En cest court, <£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 nullo est erratum. It is in no respect erroneous. In numero impiorum ac sceleratorum habentur. Ab hs 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 is any honor conferred upon them. 248 LAW GLOSSARY. Ik obsequio domini 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. Vide 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, praeterquam 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, on giving sureties, except when charged with homicide, where it is otherwise appointed by way of terror. In omnibus quidem, maxime tamen in jure, aequitas est. There is equity in all things, but particularly in the law. In omni scientia, et ds qualibet arte. In every science, and of every art. In omni transgressione quae 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 delicto. — —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. In 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 full assembly of the county : in full county court. In potentia viri. In the husband's power. In potestate hostium. 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, make an inquisition. In propria persona sedente curia. In his own person 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 language 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. Inquiratur 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. By way of example. In rei exemplum et infamam. By way of example and disgrace. 250 LAW GLOSSARY. In 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 causam 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. Instae dentium. "Like teeth" — similar to the top of an ancient Indenture, that word being, as supposed, de- rived from " instar dentium." Instae omnium. One example may suffice for all. In statu quo ante bellum. In the state it was before the war. Instaueum. The whole stock of a farm, including cattle and implements. Instiepaee. To plant, or establish. LAW GLOSSARY. 251 In stirpes. To the stock or lineage. Institution au droit Francois. -An institution of French right. In stricto jure. In strict right. Instrumenta domestica seu adnotatio, si non alhs quo- que adminiculis adjuventur, ad probationem sola non suf- 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 the briny waters glide.' Insultus. An assault. In summo jure. In the rigor of the law. In suo jure. In his own right. In tarn amplo modo. In such an ample manner (or form). In tarn amplo modo habere non potuit, sed proficuum suum inde per totum tempus amisit, &c. He had not been 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 silent (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 reipublicas quod carcere sint in tuto. It concerns the commonwealth that they be safely (kept) in prison. Interest reipublicaa 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 Gulielmi Primi. Among the laws of Wil- liam the First. Interlooutio. Imparlance, vel licentia inter loquendi. From Fr. "parkr," 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 mcenia. Within the walls : within the domi- cile. Inter nubilia caput. The origin (of this) is among the clouds (or unknown). LAW GLOSSABY. 253 Inter pares non est potestas. Among equals their power is alike. Inter praesidia. Within tlie fortifications : or in safe shelter. Interregnum. A space between two reigns. Interregnum quare clausum fregit ? In the mean- time why did he break the close ? In terrorem. By way of terror (or warning). Inter sese. Among themselves. Intertiare.' 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. Inter 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 cseteris adempta ; sed privatis quorundam loco- rum consuetudinibus alibi postea regerminans : Cantianis 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 mamia. A term given to domestic servants because they are within the walls. In transitu. " In the passage." Merchandise is said to be " in transitu" while on its way to the consignee. Intra parietes. Between friends. Intrare. To enter. 254: LAW GLOSSARY. Intromission-. (In Scotch law.) 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 vallatur aliquo vesti- mento, et minimum habet possessionem ; et omnino nihil juris, et in parte habet naturam cum disseisina, et in quis- 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. Investitura propria dicatur possessio. A proper in- vestiture may be called a seisin. In via re uti pace. " Settle the matter amicably by the way." [The plaintiff and defendant, among the Romans, gene- rally went to the Prcetor together. Vide note to " Vocatio in jus."] 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, oompendia 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 institution! 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 legis. 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. Ire ad largum. To go at large. Irreplegiabilis. Cannot be bailed. Iter facere. To travel or journey. Irritus. Invalid. Irrotulare. To enrol. 256 LAW GLOSSARY. Is cui cognoscitur. He to whom it is acknowledged — the 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 fine : the Eecognizor. Issint. So : thus. Norman French. Ist.e conditiones sunt plena? 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 nullius 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 solverit. 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 Folkmote, 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 Folkmote (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 humamim 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 scripta. So the law is written. Ita maritentur, ne disparagentur, 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 nullum 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 nayis sol- vent mercatori pretium deperditarum, tunc tenetur merca- tor ad solutionem nauli, quia merces habenter ac si salvatae 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, alium 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 freehold of another, because loth 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 praedictum est, sed etiam si quis praspotens uti voluerit in alterius ten- emento, contra ipsius tenentis voluntatem, 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, alia nuda, 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 qua? infinita sunt facienda, cum libero accessu et recessu, secundum quod ad dictam communiam pastures pertinent. Also any person may have right of common with another, and the right of digging, as well as the mght 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 quae ex hostibus capiuntur, jure gentium statim ca- pientium fuere. Also those 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 prochains 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 Prostor or Magistrate. Vide note to " Vocatio in, jus." Incipientibus, &c. — 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. In orjJUS rei testimonium, majestatis crimen. High treason. Laga. " Law." Hence we derive the Saxon lage, Mercen-lage, Dane-lage, &c. Lagan. Sax. Goods found in the sea. Lage-dat. A law-day. Lageman. Homo hahens legem i. e. homo 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. Lai. Law. Laiewite — Lecherwite, Legergeldum. Sax. " legan" i. e. to lie with ; and " wite," a fine ; " 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 l'usance avec le pret a 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 xnandant qui ne respond point la lettreperla quil seo commissionaries luy expliquent qu'ils on fait, est censi ap- prover leur conducte quoiqu'ils agents exc<3de le mandat, cette reception de la lettre, non contradite, est, parmi les negocians un acte positif 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. Landea. A trench for draining lands. Landegandmant. An inferior tenant. Landgable. Land rent. Landimer.' Land boundary. Landslagh. A Swedish compilation of common law. Langemanni. Lords of estates. Languebat usque ad decimum nonum diem mensis De- cembris anno 1628, quo quidem decimo nono die, &c, obiit, &c. He languished until the nineteenth day of the month of December in the year 1628, on whic hnineteenth day of, &c, he died, &c. Langttidus in prisona. — — He is sick in prison : an an- cient return to a writ. Languidus vel mortuus est. He is sick or dead. Laeto NIGER. An inferior coin. La propriete des choses mobliares est acquisi a l'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- 286 LAW GLOSSARY. 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. Lasieh. To leave out. ' Lata culpa dolo sequiparatur.- A concealed fault is equal to a deceit. Lathe. A division of a county, including sometimes two or three hundreds or more. Latheeeve. He who exercised authority over a lathe. Latitat. " He lies hid." The name of a writ. Latitat et discurrit. He lurks, and runs about. Latrocinium. Larceny. Vide note. Latroni cum similem habuit, qui furtum celare vellet, et occulte sine judice compositionem 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 pourrae" etre supple*e ni regards', comme convert par lar connaissance que les crean- cers ou les tiers aquereurs pourraient avoir euede 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 scriptura, quam judices aequitate, aut ratione statuentis. It is not, how- ever, 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 diffi- 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 prasterita revocari, nisi nominatim, et de praeterito tempore, adhuc pendentibus negotiis cautum es t. 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. 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 scriptse. 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 Janus 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. Vide note. Leges Quiritium. The Eoman Laws. Vide not*. Leges Salicse. The Salic Laws. Vide note. Leges scriptse. The statute, or written law. Leges sola 1 memoria et usu retinebant. " The} re- tained their laws solely by memory and usage." This is what is called the Common law — the "Leges non scripts" unwritten laws. Vide note to Traditione, &c. Leges sub graviori lege. Laws subordinate to a su- perior law. Leges tabellarise. Laws respecting the vote by bal- lot. Leges vigilantibus, non dormientibus subveniunt. • The laws relieve the vigilant, not those who sleep (over their rights). Legibus patriae 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 causae cognitione, et sufficiente ejus probatione LAW GLOSSARY. 289 facte. " 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 Jews, 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. Leguleius quidam cautus et acutus prseco actionum, cantor fabularum, auceps syllabarum. A certain lawyer, wary and keen -in declamation, a chatterer of idle stories, a captious (or pettifogging) fellow. Legum Anglicanarum Conditor. The founder of the English laws. Legum Anglicanarum Eestitutor. The restorer of the English laws. Legum denique idcirco omnes servi sumus, ut liberi 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 " Leipa" emendatur, et redire cognatur." If any person leave his master without his consent, he shall be punished for such departure and compelled to return. Vide Leg. Hen. 1, c. 43. Blount. 19 290 LAW GLOSSARY. Le loix extrems dans le bien font moitifs le mal extremes. -Rigid laws, although made from good motives, pro- duce bad effects. Le reason est, quia le keeping del cheval est un charge, quia il 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 Roy le veut. The king wills it. Le Roy remercie ses loyal sujets, accepte leur benevo- lence, et aussi le veut. The King thanks his loyal sub- jects, accepts their benevolence, and wills it to be so. Le Roy 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 arrive 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. Lesoheives. Trees fallen by chance. Les juges sont sages personnes et autentiques si comme les archevesques, evesques, les chanoines des eglises cathed- raulx et les autres personnes qui ont dignitez in saincte eglise ; les abbes, les prieurs conventraulx, et les Grouvern- 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 l'argent et pour le dan- ger despeines de la loL Laws extremely good produce the greatest evil. "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 thane. Les prelate seigneurs, et commons en ce present parlia- ment assemblers au nom de touts vous autres sujets, re- mercient tres humblement votre Majeste, et prient a Dieu vous donner en saute" 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 l'changer a chez novo luis de la declaration du guerre subsistent ou leur entir. S'il est force 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, Leuga. A league. Leudis. A feudal tenant. Levand^s; navis causa. In order to lighten the vessel. Levant et couchant. Lying down and resting. 292 LAW GLOSSARY. Levantes et cubantes. Easing themselves ; rising up and lying down. Levari 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 Romans, was often taken in the same general sense as Jus (Right). When we find Lex put absolutely, the law of the Twelve Tables is meant. Yide Gic. Verr. i. 45. Lex agraria. 'The Agrarian law for distributing lands. Vide note. Lex amissa : or legem amittere. One who is an infa- mous, perjured, or outlawed person. Bract. Lex anglise nunquam 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 Roman 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 Bain variorum.- The law of the Bavarians. Lex Barbara. A term given by the Romans to the law of those nations not subject to their empire. Lex Brehona. The early law of Ireland before its conquest by Henry II. Lex Burgundionum. 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 evil. 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 all, unknown by many, and understood by few. Lex fori. The law of the court. Lex Falcidia. A Koman law respecting a testator's disposal of his property. Lex Francorum. The law of the Franks. Lex Frisionum. The law of the Frisians. Lex Fusia Canina. Eoman law respecting the manu- mission of slaves. Lex Hostilia 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 magistrates. 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 terrae. 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 Praetoria. The Praetorian law. Lex pure pcenalis, obligat tantum ad pcenam, 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 fault ; the mixed penal law binds both to fault and penalty. LAW GLOSSARY. 295 Lex Salica. — -" The Salique Law." A law by which males only are allowed to inherit. It was an ancient law made by Pharamond, 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 tbe Mosaic law. Vide note. Lex terrae. 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. Libera a prisona. Discharge out of prison. Libera batella. 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 modum ipsius delicti ; et pro magno delicto, se- cundum magnitudinem delicti, salvo contenemento suo; mercator eodem modo, salva merchandiza sua ; et villanus eodem modo amercietur, salvo wainageo suo. " 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 GLOSSARY. served ; and the farmer in like manner, his wainage also being preserved." [Part of " Magna Oharta."'] Libebi et legales homines de viceneto. Free and law- ful men (freeholders) of the vicinage, or neighborhood. Vide note to " Nbn Numero" &c. Libeei sokemanni. — —Tenants in free soocage. Liber judicalis. The "Dom-bec," or "Dome-book,'" compiled soon after conquest of England by the Normans. Vide Dom-bec and note. Liber 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 est potestas faciendi id quod jure liceat. Liberty is the power of doing what is sanctioned by law. Libertas 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 all computation. Liberum est cuique apud se explorare ; aut expediatsibi 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. Free and common soccage. Liberum 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 will and caprice of the feudal lord. LiBR.a: arsse, et pensatse, et ad numerum. Money burnt and weighed, and counted. Vide note. Libripens. In Eoman Law, the person who weighed or held the balances. LAW GLOSSARY. 297 Lioeat eos exhaeredare quos occidere licebat. It may be lawful to disinherit those whom it is lawful to deprive of life. Licebat palam excipere, et semper ex probabili 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. Licentia 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 nequitias 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-hrd. 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. Li. Lo. Abbreviated from licentia loquendi. Linarium. "Where flax is grown. Line A collectio 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 Roman 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, when an Abbot released any of his brethren u ab omni subjectione, et obedientid" (from all subjection and obedience), and this made them capable of entering into some other order of religion. LiTERiE clausae. "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 procuratoriaa. A letter of attorney. Liters 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. Liveeee. To deliver. Livoeaee. To beat. Lobium. A parlor. Locaeium. 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 vehendarum. 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. Fleta, lib. 4. Locus pcenitentise. The place (or opportunity) for repentance (or of retracting). Locus rei sitse. The place where a thing is situated. Locus sigilli. The place of the seal. Locus vastatus. The place laid waste. Lodemastage. A pilot's wages for guiding a vessel from one place to another. Loial. Lawful. Loiee. Fee ; recompense. Longtetne. 'Distant. Loquendum ut vulgus, sentiendum ut docti. Speak as the common people, think as the learned. Lowee. — — Beward : a bribe. Luat in corpore si non habet in loculo. If he has no cash in his purse, he must suffer in his person. 300 LAW GLOSSARY. Lucri causa. — — For the sake of profit or gain. Luctuosa hsereditas, vel tristis successio. A mourn- ful inheritance, or sad succession. LtriTUR 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." Lundress. An ancient London silyer 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. Hot. 2. Lushborow. Inferior foreign coin ; an imitation of the English. Luxuria. Luxury : voluptuousness. Vide note. Lyef-yeld. Leave-money. NOTES TO L. Lairwite, &c. — This was the term for the punishment and fine of offend- eTs committing adultery and fornication. The privilege of punishing these offences, anciently, belonged to the lords of manors in respect to their own tenants. Vide Fleta, lib. 1, c. 4T. Latkocinium. — A theft, or robbery of another's goods in his absence. It is divided into Grand 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. Legatus. — 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 Rome. 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 Some had formerly in England the Archbishop of Canterbury their "Legatus natus;" and upon extraordinary occasions they sent over a " Legatus a latere." Leges QU.fi, &c — The temple of Janus was built by Nvma (index oeUi et LAW GLOSSARY. 301 pads), with two brazen gates, one on each side, to be open in war, and shut in time of peace. Vide Liv. i. 19. Vel. ii. 38. It was shut only ones during the Republic, at the end of the first Punic war, A. IT: 529 ; thrice by Au- gustus; first, after the battle of Aclium, and the death of Antony and Cleo- patra, A. TJ. 725. Dio. Ii. 20: a second time after the Gantabrian war, A. TJ. 729. Dio. liii. 26: about the third time, authors are not agreed. Some suppose this temple to have been built by Romulus, and only enlarged by Numa; hence they take Janus Quirini for the temple of Janus, built by Hamulus. Vide Macrob. Sat. i. 9. Leges QuiRrrniM. — The great foundation of Soman law or jurisprudence (Romani 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 the people : a work, in the opinion of Cicero, superior to all the libraries of phi- losophers, "omnibus omnium philosophorum biblioikecis anteponendum," "a work to be valued more than all the books of every philosopher." Vide Oic. de Orat. 1, 44. Nothing now remains of these laws but scattered frag- ments. The unsettled state of the Roman 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 laws (corrupiissimd republica, plurimoe leges), i. e. " the more corrupt the re- public, the more the laws." Tacit Annal. iii. 27. At first, those ordinances only obtained the name of laws which were made by the Comitia Centuriata (Populiscita), (i. e. made where the people were summoned to enact them.) Tacit Annal. iii. 68 ; but afterwards, those also which were made by the Comitia Tribuia (Flebiscila), when they were made binding on the' whole Roman people; first, by the Horatian law (ut quod tributim phbes jussisset, popuhum 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 tenement), i. e. "the Plebeian laws should bind all the Romans." Vide Liv. viii. 12. Epit. xi. Plin. xvi. 10, s. 15. Any order of the people was called "Lex," whether it respected the pub- lic (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 "PBrvTLEGiuii." Vide GeU. x. 20. The laws proposed by a Consul were called " Consulares." Cic. Sext. 64. By a Tribune, Tribunitim, Cic. in Bull ii. 8. By the "Decemviri," Decern- Liv. iii 55, 56, 57. Leges Salios:. — The Leges Burgundiorum, i. e. " The Laws of Burgundy," and other codes, published by the several tribes which settled in Gaul, 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 laws were framed. But when the feudal institutions became general, and gave rise to an infinite variety of questions, peculiar 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. Legitimi. — The children of a lawful marriage were called by the Romans "Legitimi;" all others " Illegiiimi ;" of the latter there were four kinds: Naturales, ex coneubina; Spurii, ex mereirice, vel scorto, et incerto patre; (Plutarch Q. Rome, 101.) Adulterini et incestuosi — i. e. "natural born from concubinage ; basely born from a harlot, or a lewd woman, by an unknown 302 LAW GLOSSARY. father ; adulterous and incestuous." There were certain degrees of consan- guinity within which marriages were prohibited, as between a brother and sister, an uncle and niece, &c. Such connection was called "Incestus." (Suet. Ct 26 ;) or with a vestal virgin. Vide Suet. Domit 8. These degrees were more or less extended or contracted at different times. Pint. Qwest Rom. 6. Tacit Ann. xii. 6, 7, &c. Le Rot s'avisera. — This is a phrase, derived from the ancient Normans, 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 & positive refusal to give assent was avoided. Les Juges. — "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 acraria. — 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 Oic. pro Plane. 5, Ait ii. 16, &c. When Bibulus, Cssar's colleague, gave his negative to this law, he was driven from the Forum by force. And next day, having complained in the Senate, but not being supported, he was so discouraged, that, during his continuance in 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 canonica. — 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 considered politically, 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 civil 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 the Barons. Spiritual judges decided, of course, according to written and known laws. Lay judges, left without any 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 forms in Lay Courts, which contribute to establish, and continue to preserve order in judicial proceedings, are borrowed from the Canon Law. Vide Fkury's Instit de droit Canon, pari iii. c. 6, p. 62. LAW GLOSSARY. 303 St. Louis confirmed many of his 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 Estab. liv. ii. c. 21 and 40. And likewise the Oessio bonorum, by a person who was in- solvent. Ibid. In like manner he established new regulations with respect to persons d/ing intestate. Liv. i. c. 89. These, and many other salutary regulations, the Canonists had borrowed from the Soman 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 communis. — 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 Parliament 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 op nature, the law of God, and the principles 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-right 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. Tide Co. Litt. 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 Common Law." But, though we usually date our Common Law from hence, this was not its origin, ; for it is said that Elhelbert, 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 whole nation ; and soon after it was called in Saxon " The Folc Right," i. e. the people's right. Alfred was styled " An- gUcarum legum 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 " Anglicarum legum restilutor," (the restorer of the English laws.) Vide Blount. In the reign of Edward the First, Britton wrote his learned book of the 304 LAW GLOSSARY. Common Law of England, which was done by the King's command, and runs in his name, answerable to the Institutions of the Civil Law, which Justinian, assumed to himself, though made by others. Tide Staundf. Prerog. 6, 21. But Justinian, 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 Hereford. In those days ecclesiastical persons were the most learned, and had the highest offices in the law. Bracton was a great lawyer in the time of Henry the Third ; and wrote a learned treatise on the Common Law of England, 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 Hmry 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, Littleton, 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 Littleton. About the same time, likewise, Doctor Cowel, 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 last 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 Blackstone, published his well-known Commentaries on the laws of England, probably the best analectic 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 maritandis orddhbus. — This was a Roman law, proposed by the Consuls, Pappiws and Popmus, at the desire of Augustus, A U. 762, enforc- ing and enlarging the Julian Law. Tacit. Ann. iii. 25, 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 nobility ; 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. Vol. Max. ii. 9. Liv. xiv. 15, and, strange to say, still it greatly prevailed, for reasons enumerated. Vide Plaut. Mil. iii. 185, 111, &c. "Whoever in the city had three children, in the other parts of Italy, four, and in the provinces Jive, became entitled to cer- tain immunities. Hence the famous " Jus trium liberorum," so often men- tioned by Plin. Mart, &c. Vide note to " Jus trium liberorum." Lex talionis. — In the laws of King EtheXbert, we find the following laws. " Gif on EarVs time man mannan of sleath xii. scill. gebete," i. a. If one man slay another in an Earl's town, let him pay 12s. as a compensation. " Gif in Cyninges tune man manna of sleagh L. scill. gebete," i. e. If one man slay another in the King's town, let him pay 50s. as a compensation. " Gif man thone man of slceth xx. scitt. gebete," i. e. If any man slay another let him compensate with twenty shillings. Lf the thumb should be cut off twenty shillings was to be paid. If the thumb nail should be cut off three shillings should be paid as a compensation. If any one cut off another's fore finger, LAW GLOSSARY. 305 he 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 ! Liber homo. — These words are commonly opposed to "VassuS," or " Vassalus." Liber homo generally denotes an Allodial proprietor. Vas- sus one who holds of a superior. The words "Liber Homo," 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 military service they are bound to perform." Tide Gapitul. lib. 1, § 114. If, upon being summoned into the field, any person refused to obey, a full " Herebannum," L e. a fine of sixty crowns, was to be exacted from him according to the law of the Franks. This expression, agreeably to the law, seems to imply that both the obligation to serve, and the penalty 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 this crime was insolvent, he was reduced to servitude, and continued in that state, until such time as his labor should amount to the value of the Herebannum." Vide Gapit. Car. Magn. op. 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, himself, might be punished with banishment. Vide Murat. Script. Hal. vol. 1, pars 2, p. 153. Libertas loquendi. — Among the Romans, the speeches of the senators were sometimes received with shouts of applause ; thus " Gonsurgenti ad censendum acclamatum 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 senatu fuit, qui non me complecteretur, exoscularetur, certatimque laude cumularet" Idem ix. 13, i. e. " there was scarcely a person in the senate who did not embrace, kiss, and eagerly applaud me." When Goto one day, to prevent a decree from being passed, attempted to waste the whole day in speaking. Gozsar, then Consul, ordered him to be led to prison ; whereupon, the house rose to follow him, which made Cozsar recall his order. Vide GeU. iv. 10. When different opinions were delivered, the senators expressed their as- sent, some to one, and some to another, variously, by their looks, by nodding with their heads, by stretching out their hands, &c. Vide Tacit. Hist. iv. 4. Liberum maritaqium. — Prank marriage. A Tenure in tail special ; where a man seized of land in fee-simple, gives it to another with his daughter, sister, &c, 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, et Annse uxori ejus/filice, &c, m liberum maritagium unum messua- gium, &c. Litt. § 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 of; &c, 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 service to the donor, except fealty, until the fourth degree Vide QlanviUe, 20 306 LAW GLOSSARY. lib. 7,- c. 18 ; and Fteta gives the reason why the heirs do no service till the fowth degree, " ne donatores, vel eorum haredes per homagii receptionem a re- versione repeUantw," i. e. "lest the donors or their heirs should be expelled from the reversion by acceptance of the homage ;" and why, in the fourth de- gree, and downwards, they shaM do services to the donor, " quia in quarto gradu vehementer prcesumitur quod terra est pro defectu hceredum donatorum reversura" i. e. "because in the fourth degree it is very strongly presumed that the laud is come back for want of heirs of the donors." Fleta, lib. 3, c. 11. Vid. Bract, lib. 2, c. 1. Tabum, ars.e, et pensat^; ; et An numerum. — A phrase often 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 valentiis red- did lvi. lib. arsas elpensatas, et de iheolonio 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 Bang'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 CoweU. Ligeus — 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 liege 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, Vide Blount in loco. It is probable that Shakspeare 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 yours." King Senry VIIL Lingua peregrina. — "When the pleadings and judgments of the courts, and many of the law treatises were in Norman French, and the most barba- rous Latin 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 mater Londinum, juris nostri capessendi gratia ; cujus cum vestibtdum salutassem, reperissernque linguam peregrinam, dialectum barbarwm, methodUm inmncinnum, molem non ingentem solum, sed perpetuis humeris sustinendam, excidit mihifateor animus," &c, i. o. " My mother sent LAW GLOSSARY. 307 me to London, for the purpose of entering upon the study of our law; when T 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 dijudicata. — Among the Bomams, after Judgment was given, and the lawsuit determined, (lite dijudkatd,) the conquered party was obliged to do or pay what was decreed, (judication facere, vel solvere ;) and if he failed, or did not find securities, (sponsores vel vindices,) within thirty days, he was given up (Judicalus, i. e. damnatus et addictus est) by the JPraetor to his adver- sary, (to which custom Sor. alludes, Ode iii. 3, 23,) arid led away by him to servitude. Oic. Place. 19, Liv. vi. 14, 34 These thirty days are called the Twelve Tables, "diesjusti," i. e. Days of grace: "rebus jure judicatis, xxx. dies justi sunto, post deinde manus injectio esto, m jus ducito," i. e. " the law- suit being finished, thirty days' grace are given, after which let him be taken and brought before the court." After sentence was passed the matter could not be altered; hence the term "agere actum," 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." Tid. Ter. Andr, iii. 1, 1. Adelph. iii. 2, 1. In certain cases, however, when any mistake or fraud had been committed, the Praetor re- versed the sentence of the Judges, rem judicalum rescidii, (i. e. he annulled the sentence,) in which case he was said, " damnatos in integrum restiluere," (i. e. he entirely restored the condemned.) Gic. Verr. v. 6 ; or " Judicia restiluere" ("to restore the decree.") After the cause was decided, the defendant, when acquitted, might bring an action against the plaintiff for a false accusation (actionem calumnia, postulare). Tide Gic. Pro. Gluent. 31. Hence, "calumnies litium," i. e. lites per calumniam intenUs, or unjust lawsuits. Vid. Gic. Mil 21. Litem suam facere. — If a Judge, among the Romans, either from par- tiality or enmity (gratid vel immicitia), evidently favored either of the parties, he was said, " litem suam facere" to make it his own suit. Vid. Ulpian GelL x. 1. Cicero applies this phrase to an advocate too keenly interested for his client, de Orat. ii. 15. If Cicero 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 for the service of those who, perhaps, have placed their lives 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 Roman law, if a Judge was suspected of having taken money from either of the parties, or to have wilfuUy 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 the 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. Litera. — From the Fr. "litiere" — Lat. "tectum.'' 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 horses, Ac. Rushes and straw 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 TV., as Skdkspeare, speaking of a husband, sung to sleep by his wife, 308 LAW GLOSSARY. " 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 Henry IV. Eushes composed the beds upon which the chivalrous sons and fair dam- sels of the feudal ages reposecL The word litem, however, seems to have been generally used in Law Books for what is now usually called Utter, for horses, &c, for we read "tres carectatas liters." Tide Mon. Ang., torn. 2. Liter* — This word often occurs in ancient authors : it not only meant "Letters," but aU kinds of writings were called "Literce." Cic. passim. Hence, " quam vettem nescire literas." I wish I could not write. Vide Suet. Ner. 10. Senec. Glem. — but literal is most frequently applied to epistolary writings (Epistoke vel chartce epistolares.) Cic. Epistoke were always sent to those who were absent. (Cic.) Codicilli were given to those present. (Tacit) The Romans, 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 (lino obligabant), the knot was covered with wax, or with 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 (transversim) on the margin. Vid. Cic. AM. v. 1. In writing letters, the Romans always put their own name first; and then that of the person to whom they wrote, Auson. Ep. 20 : sometimes with the addition of " Suo," as a mark of familiarity or kindness. If he was invested with an office, that likewise was added, but no epithets, (as among us,) unless to particular friends, whom they sometimes called " Humamissvmi ;" " Op- timi;" " Vulcissimi ;" " Animce sum ;" &c. Vide Cic. et Plin. passim. They always annexed the letter S for "Salutem," sc. "wishes health." Hence, "salutem alicui mittere," "to send health to any one." Vid. Plaut. 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 " Vale," "Farewell." Ov. Trist. v. 13, 33. Sometimes they wrote " Ave," " Adieu ;" or " Salve," " Save you," to a near relation, with this addition, "Mi anime" "My soul;" "Mi suavissime," "My dearest," Ac. 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." Suet. Tib. 21 ; which was always done to the Emperors. Letters were sent by a messenger, commonly a slave, called " TdbeBarius," for the Romans had no established post. There sometimes was an inscription on the outside of a Letter : sometimes not. "When Decimus Brutus was besieged by Antony, at Mutina, Hirtius and Octavius wrote letters on thin plates of lead, which, it is said, they sent to him by means of divers (urinatores,) 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. Julius Ccesar, 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. Cms. 56. Augustus used the letter following, as B for A. The Romans had slaves, or freedmen, who wrote their letters (called "ab epistolis;") 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 " carmina cedro linenda" " worthy of immortality." Hor. Art. p. 232. The titles and indices were often marked with vermilion, purple, red earth, or red ochre. LAW GLOSSARY. Luxuria. — There were many laws formerly made to restrain excess in appa/rel; but they are repealed by slat. 1, Jac. 1, c. 25. 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 tiiree." Black. Com. 110, ill. M. Macegriefs. Persons who dealt in stolen flesh. Maohinans absque probabili causa. Plotting with- out a probable cause. Macholum. A granary without roof. Macbemium. 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. Canuli, c. 2. Magis proprie dici poterit wrectum, si navis frangatur, &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, &c, 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. 310 LAW GLOSSARY. Magna componere parvis. To compare great things •with small. Magna precaria. A general reaping day. Magnates graves ultiones fecerunt, et districtiones 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 Gape to the value." Gape is a judicial writ touching a plea of lands or tenements, and is divisible into Gape magnum, and Gape parvum. Magnum Consilium. The great Council. Maheme. See Maihem. Mahlbrief. 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. Maritime 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. Mainbour. A surety. Mainour, or Manour, or Meinour. Prom 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 might, when 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 ducere captivum, e custodia, i. e. "take by the hand," and lead the prisoner out of cus- tody. Mainprize — Manucaptio. From the Fr. " main," i. 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 l'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 praeeminentiam spectant, minora vero ad commodum pecuniarum immediate attinent, et hsec proprie, fiscalia 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 greater. 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 grammar 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 quse 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. Maltha supplet astatem. — — Malice supplies the want of age. Mallobergium. A public meeting. Mallum. A superior court : an assembly. Malo animo. With a bad intent. Malograto.' " In spite : unwillingly." Hence, prob- ably, the Fr. "malgre" and the old English word "mawgre." 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. Managium. 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 mancipium. This was one of the LAW GLOSSARY. 313 modes of transferring property among the Bomans. Yide Ok. Off. iii. 16, de Orat. i. 30. Makcipii, quasi manu capti. Slaves, as if taken by the 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. 1 have commanded the bailiff. Mandavi balivo, qui nullum dedit responsum. 1 have commanded the bailiff, who has made no return (or answer). Manens. 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. Mansuet^e naturae. Of a tame kind, or nature. Mansuet,e, quasi manui assuetse. .Tamed, as though used to the hand : domesticated. Mansum capitale. The manor house, or manse : or court of the lord. Kennel's Antiq. Mantheof. From the Latin "mannus" a nag, and " theoff" a thief — a horse stealer. LI Alfred. Manu brevi. Shortly. Manucaptio. Mainprize. Manu forti. With a strong hand : by violence. Manu longa. Indirectly. Manumissio. Manumission: setting slaves at lib- erty. Vide 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. Vide note. 314 LAW GLOSSARY. i Manus mortua. Mortmain. t Manu tenere. To hold in hand : to occupy. Mara, maras. Moor: bog. Marastrb. A Step-mother. Maroa. 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. Maresoallus. " A Marshal." It would appear to signify as much as " Tribunis militum " with the ancient Romans. 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. Mariscus. A marsh. Maritagium. That portion which is given a daugh- ter in marriage. Yide Glanvilk, 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. Maritare. To marry ; to provide a husband. Maritima Anglise. The ancient revenues from the sea. Maritima incrementa. Increase of land by the re- tiring of the sea. LAW GLOSSARY. 315 Market zeld. The ancient toll for a market. Marque de division de Partage de terres : ce mot vient du Latin dividere. Notice the division of the allotment of the lands ; this word is derived from the Latin dividere. Marte suo decurrere. 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- punity. Medfee. A reward. Mediante patre. With the father's acquiescence. Medietas. The moiety. Fr. " Mbitie," 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. Vide Litt. 125. Medietas linguae. "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. Meen. Mesne. Meindre age. Minority. Meldfeoh. Sax. The recompense due and given to him who made discovery of any breach of the penal laws. 316 LAW GLOSSARY. Melioe est conditio defendentis. The defendant's condition is preferable. Melioe 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. Membeum pro membro. ' ' Limb for Limb." The law of retaliation. Meistdactum sibi ipsi imponere. To take back the he upon himself. Mensuea domini regis. The royal measure. Mensuea juris vis erat. And power was the (only) measure of right. Mepeis. Neglect : contempt. Mercatoe. Trader ; a buyer. Meecest-lege. The Mercian law under the Heptar- chy. Mebces. The wages for labor. Mercimonia. r-The wares of a mercator. Meecimoniatus Anglise. Ancient English tax upon merchandise. Meee. Mother. Meeenktum, Merisme. Timber. Meegee Is 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 sunk 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 Bep. 60, 61. 3 Lev. 437. 2 Plowd. 418. Cro. Car. 275. Go. Litt. 338. Mee, or Mere. Words applicable to location, which legin or end with either of these syllables, generally denote fenny, or watery places. Gowell. LAW GLOSSARY. 317 Meex est quicquid vendi potest. Merchandise is whatever can be sold. Mesaventure. 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 fSme, qu'avera tolle a home ses membres, en tiel case perdra la time l'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. Messolnger. Falsehoods. Messuagium sive tenementum. A messuage or tene- ment. Mestier. Affairs ; business. Meta. Limit, or bounds : the goalof an ancient race- course. Metallum. A Boman 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 Mettre le estate, and Mettre le droit, men- tioned by Littleton in cases of releases of lands by joint 318 LAW GLOSSARY. tenants, &c, which may sometimes pass a fee without words of inheritance, 1 Inst, 273, 4. Metus in constantem virum, vel fceminam 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. Meynoverer. The occupying : to manure. Meynpast. A household. Meynpernour. 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 Gemotes." Vide note to " Wittenagemote." Miels. Best. Miles. A knight : a soldier. Vide note. Miles justitiee. A knight of justice. Vide note. Millena. A thousand. Ministro 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. Misericordia. " Mercy." Sometimes is used for an arbitrary or discretionary amerciament. Misfeazance. A misdeed. LAW GLOSSARY. 319 Mishersing. Being free of fines in any court for complaints irregularly made. Miskenjsting. Irregular in a summons or action. Mislier. To mislead. Misprisio. Fr. " Mepris." 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. Brev., 149. By misuser, the charter of a corporation, &c, may be forfeited ; as also an office. Mitiori 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. Modius. An ancient measure. Modo et forma. In manner and form. Vide note. Moduam castigationem adhibere. To chastise with moderation. 320 LAW GLOSSAEY. Modus decimandL — • — A Modus, or composition in lieu of tithes. Modus de non deoimando 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. Moerda. Sax. Murder. Moeeyee. 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 against 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. Molyn ventresse. Monath. Sax. A month. Moneia. Old English form of spelling money. Moniala. A nun. Moniek, moneyer. One who coined money. Monomachia. Single combat. Moists sacer. " The sacred mount." A place of ap- pearance for litigating persons among the Romans. Monsteans de compoto. Showing the account. Monsteans de droit. Showing the right. Monsteans de droits, ou records. Showing the deeds, or records. Monsteans de faits, ou records. " The showing the LAW GLOSSARY. 821 deeds or records." The difference between "monstrans de fails" 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 hill or elevation where public meetings were held in Great Britain. Moegangiva. The wedding gift. Vide note. Mobs. " Death." There is in law a civil and also a natural death. Vide note. Mort d'ancestor. "The ancestor's decease." The name of a writ. Vide note. Mortgagium. A dead pledge. Vide note. Mortmain — Mantis mortua. A dead hand, or an un- changeable possession. Vide note. Mortuary.' A gift to the church on the decease of a parishoner. Vide note. Mortuum vadium. A dead pledge, or mortgage. Vide 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, &c. 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 aliqua hsereditate. " 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. 21 322 LAW GLOSSARY. Multa Episcopi. A fine paid by a bishop to the king for certain legal privileges. Multo fortiori, or " a minori ad magus." Is an argu- ment often used by Littleton, and is framed thus : " If it be so in a feoffment passing a new right, much more it is for the restitution of an ancient right." Vide Co. 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. Multure. r 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. Mukdbrioe. Sax. Violation or breach of the king's protection. Mundeburde. From mund, protection ; and lord, a pledge. Municipium. A free city or town. Murdravit. " He murdered." Sometimes this word means "he 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. Mutari viagium tunc dicitur, quando primum principal- em destinationem magister navis non seqmitur, 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, when 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 fabula narratur. — — Changing the name, the fable concerns yourself. Mutuatus. " Borrowed." A phrase sometimes in- serted in warrants of attorney to confess judgment. NOTES TO M. Magna Charta. — 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 Latin, 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 " Maeeschal of the army of God, and of the Holy Church," and proceeded without further ceremony to make war upon the King. They besieged Northampton; they took Bedford, and were joyfully received in London. They wrote circular letters to all the Nobility and Gentlemen, who had not yet declared in their 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 Windsor, 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 I " There the Barons appeared with a vast number of knights and warriors, on the fif- teenth day of June, while those on the King's part came a day or two after. 324 LAW GLOSSARY. Both sides encamped apart like open enemies. The 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 agent3, being, for the most part, in their interests, few debates ensued. After some 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 bulwark op English liberty, which now goes by the name of Magna Charta. 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 — (quasi manu capti.) — Men became slaves, among the Romans, 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 Roman slaves to show how far their condition was similar to the slaves, and adscripti ShMBSi, under the English and other European feudal laws. Enemies, who voluntarily laid down their arms, and surren- dered themselves, retained their rights of freedom ; and were called " De- dititii." IAv. vii. 31. But those taken in the field, or in the storming of cities, were sold by auction ("sub corona") as it was termed, (IAv. v. 22, &c.) because they wore a crown when sold; or ("sub hasta") because a spear was set up where the crier, or auctioneer stood. There was a continual market for slaves at Rome. 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. Tide Hot. Sat. ii. 3. 285. Hence, they were usually exposed to sale naked; and they carried a scroll (titulus vel inscriptio) hanging at their necks, on which their good and bad qualities were specified. Tide Gell. iv. 2. If the seller gave a false account, he was bound to make up the loss, vide Cic. Off. iii. 16 and 17 ; 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 then- heads, (pileati.) Tide Gell. vii. 4. It was unlawful for free born citizens among the Romans, 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 held as " Ingenui," not " Libertini." The same appears to have been the case with insolvent debtors, who were given up as slaves to their creditors, " inservitutem creditoribus addicti," (i.e. bound in servitude to their creditors.) Tide Quinct. vi. 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 their goods confiscated ; and, after being scourged, were sent beyond the Tiber. Tide Cic. pro Ccecin. 24. Those condemned to the mines or to fight with wild beasts, or to any extreme punishment, were first deprived of liberty, and, by a fiction of law, termed " slaves of punish- ment," (servi pwrue fingebantur.) 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 " Contubernium," and themselves " Gontubernales." Those slaves, who were born in the house of their master, were called " Vernw," or " Vernaculi," hence the expression, " lingua vernacuia," (one's mother-tongue.) LAW GLOSSAET. 325 These slaves were more petulant than others, because they wore more in- dulged. Tide Hor. Sat. ii. G, 66. Slaves not only did all domestic services, hut 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, liberalibus, vel honestis — i. e. " in ingenious, liberal, and honorable science." Vide Cic. Some of these were sold at a great price. Vide PUn. vii. 39. s. 40. Hence arose a principal part of the immense wealth of Grassus. Vide Plutarch "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 Romans, in latter times, were cultivated chiefly by slaves. Vide PUn. 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 Legisla- tures that as little arbitrary 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. et Ter. passim. When slaves were beaten, they used to be suspended with a weight tied to their feet, that they might not move them. Vide Plaut. Asin. ii. 2, 34, &c. To deter slaves from offending, a thong (habesta) 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, vel feruld 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. Cic. 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 Gonslantine. If a master of a family was slain at his own house, and the murderer not discovered, all his domestic slaves were liable to be put to death. Hence, we find no less than four hun- dred in one family 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! ! Slaves were not esteemed as persons, but as chattels ; and might be trans- ferred from one to another like any other effects. Slaves could not testify in a court of justice. Vide Ter. Phorm. ii. 1, 62 ; nor make a will. PUn. Ep. viii. 16; nor inherit anything, idem. iv. 11 ; but gentle masters allowed them to make a kind of a will (quasi testamenlum facere). Vide PUn. 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 Cannes, eight thousand slaves were armed without being freed. Vide Liv. xxii. 51. 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 their masters' permission, they laid out at interest, or purchased with it a slave for themselves, from whose labors they might make profit. Cicero 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. (Phill. viii. 11.) At certain times 326 LAW GLOSSARY. slaves were obliged to make presents to their masters out of their poor sav- ings — "ex eoquod de dimenso suo unciatim comparserint," — i. e. "out of that which they saved by little and little from their allowance." Vide 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 Plant. Aul. v. 3, &c., Ccesin. ii. 5, 6 Although the state of slaves, in point of right, was the same, yet their condition in families 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, "catenati cuUores" i. e. "chained hus- bandmen." Vide Fbr. iii. 19. " Vincti fossores" (chained ditchers or dig- gers). Vide Luc. vii. 402; others were confined in work-houses, below ground (in ergaslulis subterraneis). So Pliny, "Vincti pedes, damnatce manus, inscriplique vuttus, arva exercent," xviii. 3 — i. e. " with chained' feet, manacled hands, and branded countenance, they cultivate the fields." Manumissio. — As the inhabitants of many towns, 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 four 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 will, or any other legal deed ; or if they happened to die intestate, it was provided that their effects should go to their lawful heirs 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 his slaves. All these circumstances are found in the Charter granted Habitoribus Montis Britonis, 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 impartial 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 steadily with worldly interest ; and, establishing 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 : "Gum Bedemptor nosier, totius Gonditor naturae, ad hoc propitiatus hnmanum carnem voluerit assumere, ut divinitaiis suae gratia, dirempto (quo tenebamur capiivi) vinculo, prislince nos, restiiuerit libertali; salubriter agitur, si homines, quos ab initio liberos nalura protulit, et jus gentium jugo substituit servitulis, in ea qua nati fuerant, manumiitentis, beneficio, liberlate reddantur" — i. a. " 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 animoe," et "pro mercede animar!'- ■ LAW GLOSSARY. 327 i. e. "for the love of God," "for the cure of the soul," and "for the welfare of the soul." Vide Du Gauge, 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 his 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 Henry the Eighth, enfranchising two slaves belonging to one of his manors ; and so late as the year lili, 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 delivery to the sheriff, and proclamation in the county, &c. ; 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 suo.) 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, &c. The form of manumitting in the time of William the Conqueror is thus re- corded : "Si quis senium swim, liberum facere, iradat eum vicecomiti per manum dextram, inplenu comitatu, et quietum ilium clamare debet ajugo servi- lutis suae per Manumissionem, et ostendal ei liberas portas ; et iradat ei libera arma, scilicet, lanceam et gladium ; et inde Liber homo efficilur." Tide Lamb Archai. 126 — i. e. "If any person desires to make his slave free, he may deliver 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 deliver to him free arms, viz., a lance and sword, and thenceforth he becomes a freeman." Manus. — In ancient records, this word is frequently used for the person taking an oath. " Tertia, quarta, &c, manu jurare" — i. e. "the party was to bring so many to swear with him, that they believed what he vouched was true." And in ease of a woman-accused of adultery, "mulieri hoc neganti purgatio sexta msamextilit indicia" — i. e. "she was to vindicate her reputation upon the testimony of six Compurgators." Tide Beg. Eccl. Christ. Cant. The use of the word, in the sense here alluded to, probably came from laying the hand 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 skull 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, Ac. But the cut- ting off an ear, or nose, the breaking of the hinder teeth, and such like, 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. Tide Gland, lib. i, c. 1. Bract, lib. 3, tract 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, " membrum pro membro," (limb for limb.) Tide 3 Inst. 118. Medietas Lnrairs. — In petit treason, murder and felony, "medietas 328 LAW GLOSSARY. lingua," is allowed by the English law. But in high treason it is otherwise; and we read that Solomon de Standford, a Jew, had a cause tried before the Sheriff of Norwich, by a jury, who were " sex probos el legates homines ;_ et sex legales Judwos exeivitate Nbrwici," &c. — i. e. " six 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 a Knight ; which Gamden says is derived from the Saxon, Gnite, or Gnight. The Heralds inform us of several orders of Knights. 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 Romans called Knights, Oeleres, and sometimes Bquites, from the performance of those services upon horseback ; and among them, there was an order called " Ordo Equestris," but distinguished from those called Oeleres. The Spaniards, called them OaveUeros, the French, Chevaliers, and the Germans, Eiders : all which appellations evidently appear to proceed from the Morse, which is a great proof of the manner of the execution of their warlike exercises. IIilbs Justicle. — As soon as the science of law (by the introduction of the Soman Civil Code, &c.) became a laborious study, and the practice of it a separate 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 obtained a certain rank in the courts of justice, that alone gave him the right to the honor of Knighthood; and "Miles Justicice," and "Miles Literatus," became common titles. Tide Pasquier Eeserches, 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. MlSE. — 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 sua" (i. e. that he recover his damages) to such a value, and " pro misis et custagiis," (for costs and charges) 50 much, &c. This word has also another signification in law, which is, where it is taken for a word of art, appropriated to a writ of Bight, 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 if, in a writ of Right, a collateral point be tried, that is called an issue. Tide 1st Inst. 294, and 37 Edward 3d, c. 16. Misprisio. — 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. R. P. G. 127. Wood, 406, 408. Modo ET FORMA. — "Words of art in law pleadings, &c. ; and particularly used in the answer of a defendant, whereby he denies the thing laid to his charge, (moda et forma declarata) " in manner and form as laid" by the plain- tiff. Vide Kitch. 232. LAW GLOSSARY. 329 Moeoansiva — or Morgangina, from the Sax. "morgen," the morning, and "giftan," to give. These "words signify the wedding-day's gift — dower, or rather dowry, " Si sponsio virum suum supervixeril, dotem et maritationem suam, cartarum instrumeniis, vel testium exhibitionibus el iraditam perpetualiter habeat, et morganginam suam," L. L. Hen. 1. e. 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." Tide, also, Bu Gauge, in verb, "Morgane- 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. Mokt d'ancestor. — This is a writ which lay where a man's father, moth- er, brother, sister, uncle, aunt, &c, died seized of lands, tenements, rents, &c. that were held in fee, and after their death, a stranger abated. Vide Beg. 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. Go. Litt. 242. And it must be brought within the time limited by the statute of limitations. (3 Gomm. 189). If tenant by the curtesy, alien his wife's inheritance and die, the heir of the wife may have an assize of mart d'ances- tor, if he have not assets by descent from the tenant by the curtesy ; and the same shall be as well where the wife was not seized of land the day of her death, as where she was seized thereof New Nat. Br. 489. Moks — Death. By the Roman 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 (securi percuiere). Vide Liv. iii. 5. vii. 19. xxvi. 15. To throw from the Tarpeian Rock, (de saxo Tarpeio de- jicere;) lb. vi. 20. or from that place in the prison called Robur. Vide Festus Vii. Max. vi. 31. Also to strangle them, (lacqueo gulam, guttw, vel cer- vicem, i. e. "to break the wind-pipe, the throat, or the neck with a rope,") in prison. Id. v. 4, 1. Vide Saliust, Oat. 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 damnation burning alive, (vivicombu- rium,) &c. "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. Plaut. Capt. iii. 4, 65. Sometimes persons were condemned to the public works ; to engage with wild beasts ; or fight as Gladiators. Vide Pliw. 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 thejr crime, or the cause of their punishment, Bio. liv. 3, as was commonly done to other criminals, when executed. Suet. Gal. 32. Bom. 10. Thus Pilate put a title or superscription on the cross of our Saviour. Vide Matt, xxvii. 37. The form of the cross is described by Dionysius, 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 Plin. ix. 23. s. 39. Bio. 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 insatus), with a dog, a cock, a viper, and an ape, and then thrown into the sea, or a deep river. Cic. pro Rose. Amer. ii. 25, 26. Senec. Clem. i. 23. 330 LAW GLOSSARY. Mortgagium, vel mortuum vadium, from "mort," mortuus, and "gage," a pledge. Generally meaning s pledge of land3 or tenements. We read of Mortgage in the Grand Gustumary of Normandy, e. 313. Glanville (lib. 1. e. 13) defines it thus, "Mortwum vadium dicitur iUud, cujus fructus, ml red- ditus, interim percepti in nulla se acquietant" — i. e. "That is called a dead pledge, whose profit or income does in no way, in 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 Bo- mans. The plan of the Mosaic law constitutes a just and equal Agrarian law, that the 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 every fifty years ; therefore it was computed by the purchaser, that he "could only hold tili that Jubilee arrived. Tide Levit. xxv, 13 el 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 at the Jubilee, the lands came back free to the vendor, or his heirs. Mortmain- — manus mortua, from the Fr. "mort," mors; and "maine," manus. This word means an alienation of lands to any corporation, guild, or fraternity, and their successors : as bishops, parsons, vicars, &c. The rea- son of the name " Mortmain," may probably be derived from hence, because the services, and other profits of the land, as Escheats, &c, 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, 4c., and never could, by any defect of the heirs of the donee, 4c., return to the donor ; or to any tem- poral or common use. Pohjdore Virgil in the seventh book of the Chronicles mentions this law, and gives the reason of the name, " Et legem hanc mamtm mortuum vocarunt, quod res semel data collegiis sacerdotwm, non utique rursus venderentur, velut mortua, hoc est, usui aliorum mortalium in perpetuum adeptts essent. Lex diligenter servatur, sic, ut nihil possessionum ordini sacerdotali a quoquam delur, 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, in perpetuity. The laws thus carefully observed that nothing be given to the sacerdotal order by any person, with- out the King'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 St. 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. Mortuary. — A gift, or payment to the church on a person's demise. Selr den says that the usage was to bring the Mortuary along with the corpse, when it came to be buried ; and to offer it to the church, as a satisfaction for the supposed negligence and omissions the deceased had been guilty of, in not paying his personal tithes: from thence it was called "a corse present." Mulier— It has been said that this word, used in the law, seems to be a word corrupted from melior, or the Fr. meitteur, and signifies the lawful issue born in wedlock, preferred before an elder brother, born out of matrimony. LAW GLOSSARY. 331 Vide Stat. 6, Ben. 6, e. 11. But by GlanviUe, lawful issue are said to be mutter, not from melior, but because begotten " e muliere," and not " ex concubina :" 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 " mulieratus filius, is a lawful son born of a lawful wile." 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. Vide 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 Gate- house of the Dean and Chapter of Westminster, Returning Officer of Mem- bers of Parliament, and Constable. Vide Bex v. Sttibbs, 2 Burr. Sep. 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 fundum 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 fait caspitum 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 GLOSSARY. and a higher rate is taken for this, although the second voyage was begun, but not completed : for when 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 perniciosum est, ut ei scripture 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 nullo modo constitui potuit. For a fee cannot in any manner be made without (giv- ing) possession. Namium.- A taking of goods or chattels by way of distress. Nam leges vigilantibus, non dormientibus subveniunt. For the laws assist the watchful, (but) not the slothful. Nam nemo est hasres 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). LAW GLOSSARY. 333 Nam qui 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 ia 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 amicitiae 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 aliquid perveniat. For although with any nation we have no league, nor friend ship, nor alliance made, yet they are not enemies. Never- theless, what effects 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 intelligi cum effectu, ut res magis valeat quam pereat. For language should be understood with that intent, that the matter may rather be effected than rendered nugatory. Nastre. Born. 334 LAW GLOSSARY. Nativa. A female slave. Naturalis affectio. Natural affection. Vide note. Nattjs ante maritagium. Born before wedlock. Nauclerus. The master of a merchant ship. Naufrage. Shipwreck. Naufragio facto, exercitor naula restituit, quae ad manum prseceperat, 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.E, Oaupones, Stabularii, ut recepta restituerunt Mariners, Innkeepers, Ostlers (are bound) to return things as left in their charge. NAUT.a: pro damno conferre. The sailors ought to contribute to the loss. Nautico fcenore. By nautical interest: by bot- tomry. Navarchus. 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. Ne aliquid de suo honorabili contenemento amittat. Lest he lose any part of his respectable appearance. Ne aliquis scholas regens de legibus in eadem civitate, de caetero 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. 335 Nec erit alia lex Bomce, 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 Home, 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 privilegium quoad jura privata. Necessity gives a privilege like private rights. Necessitas non habet legem. Necessity has no law. Nec in papyris, nec in verbis. Neither written, nor oral. Vide 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 vel detractio alieni. — : — Nor is disease, poverty, or anything of this kind, more against nature than avarice, or the takiag away another's property. Nec praesidens, nec aliquis de collegio prsedicto medico- rum, nec successores sui, nec eorum aliquis exercet faculta- tem illam.- 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 such 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 336 LAW GLOSSARY. been clearly ordained by the laws, that love for the children might render parents more friendly towards the republic. Nec videtur incongruum mulieres habere peritiam juris. Legitur enim de uxore Jbhannis Andrice glossatoris, quod tantam peritiam in utroque jure habuit, ut publice in 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 civil and common law,) that she had enterprise sufficient to lecture publicly in the schools. Ne deficiat justitia. Lest justice be defeated. Ne disseize - pas. Not ejected. Ne done pas. No gift at all. Ne episcopi ssecularium placitorum officium suscipiant. That the Bishops do not usurp the office of secular pleas. Ne 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 suij) is pending. Negare. To deny. Negotiorum 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, should be a judge ; nor unless he would (impartially) decide between the parties in dispute. LAW GLOSSARY. 337 Nemo ad Begem appellat pro aliqua lite nisi jus domi consequi non possit. Si jus nimis severum sit, allevatio deinde quaeratur apud regem. That no person appeal to the King on any suit, unless he cannot proceed at law 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 parium 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.) Vide note to " Beneficia." 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 hseres 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 in 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 miles adimatur de possessione sui beneficii, nisi convicts culpa, qua? 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). Yide note to " Beneficia." Nemo patriam in qua natus est exuere, nee ligeantiam 22 338 LAW GLOSSARY". debitam ejurare possit: No person can leave the country in which he was born, nor forswear the 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 hasres 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 seu defalta. No man is punished except for some offence, wrong or default. Nemo remote causa 1 , sed proxima 1 spectetur. No one is concerned in 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 upon 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 per signorum 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. 339 text (or composition) of any such book be not written by cavilling notes, and condensed enigmas; but we permit tbem to be explained by the sequel (order or course) of the letters. Vide note. Neque' quid, neque quantum, neque quale, neque aliquid eorum quibus ens determinatur. Neither what, nor bow much, nor what kind, nor any of those things by which being is defined. Neque quisquam agri modum certum, aut fines proprios habet ; sed magistratus 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 ahum 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 ullum 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 detrimenti 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 GLOSSARY. Ne quis invituS civitate nmtetur, neve in civitate maneat invitus. Hsec sunt enim fundamenta firmissima nostras libertatis, sui quemque juris et retinendi et dimittendi esse dominum. Let no man against Ms will change his state (or country), nor let him, contrary to inclination, remain in the same. These are the most stable foundations of our liberty, that every one is lord in his own right of retaining, or renouncing his privilege (of citizenship). 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 acquitter. They are unwilling to dis- charge. Ne te ipsum prsecipites in discriminem. Judge not too hastily. Ne unques accouple\ Never married. We unques accouple' in loyal matrimonie. He was not united in lawful wedlock. Ne unques executor. He was not an executor. Ne unques receiver.— — He was not a receiver. Ne unques seise que dower. Never seised (or pos- sessed) of dower. Ne unques seisie. Never seised. Nexi, obaerati, et addicti. Bound, overwhelmed in debt, and condemned. Vide note. Nieee. A bondwoman. Vide note to "Manumis- sion? Nient cul'. Not guilty. Nient culpable. Not guilty. Nient de dire. He says nothing (or makes default). Nihil ad rem accrevit. He added nothing to the matter. LAW GLOSSARY. 341 Nihil aliud quam jus prosequendi in judicio quod sibi debetur. Nothing further 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 account of a fine, because it is remitted by statute. Nihil de jure facere potest quis quod vertat ad exhaere- 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 tenemeutis. You have no interest in the tenements (or estates). Vide 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 insunt. Those things therein tacitly comprised, are inefficacious. Nihil possumus contra veritatem. We can do no- thing against truth. Nihil praescribitur, 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, facit. It was of no advantage to sign the con- 342 LAW GLOSSARY. tract, if it appear that the intent of marriage was wanting. Not cohabitation, but consent, ratifies the marriage. Nihil sanctius, nihil antiquius fuit ; 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 naturali 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. 343 Nisi ad hoc admissus sit. Unlesa he be admitted to this: Nisi captus est per speciale preceptum nostrum, vel cap- italis judiciarii nostri, vel pro morte hominis, vel pro foresta nostra, vel pro aliquo crimine, quare secundum consuetu- dinem Anglics 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 terrse. 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 scriptura, 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. Vide note. Nocem sibi consciscere. To do injury to himself. 344 LAW GLOSSARY. Nocrvus. Injurious : hurtful. Noctes et noctem de firma. Vide note. Nocturna diraptio 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. Nocumentorum aliud, 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. 1 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 vassalli 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. Nominatim vel innominatim. Named or unnamed. Nomine districtionis. In name (or in the manner) of a distress. Nomine pcsnse. 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. Nona Nones. Vide note. Non alienavit modo et forma. He has not alienated in manner and form. Non assumpsit infra sex annos. He hath not under- took within six years. Non 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 deperditse 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 efficacious. 346 LAW GLOSSAKY. Non decimando. Not titheable. Nom decipitur qui scit se decipi. A man is not de- ceived when he knows himself to be deceived. Non defuit illis operee et laboris pretiuin ; semper enim ab ejusmodi judicio aliquid 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. Vide note. Non demisit. He hath not demised or leased. Non detinet. He does not retain. Non diutius remanebit in officio, &c, quam infra burgum prasdictum, vel libertatem, et franchesias inde cum tota familia 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. Now enim sufficit simpliciter proponere intentionem suam (by which word the count is meant) sic dicendo, " Peto tantam terram ut jus rneum," nisi sic illam fundaverit, quod doceat ad ipsum jus pertinere, et per quam viam, et per quos gradus jus ad ipsum debeat descendere. Item cum agat per breve de recto ad utrumque jus consequendum (s. s.) tarn jus possessionis quam proprietatis de seisina talis anteces- soris : non sufficit, si dicat, quod talis antecessor suus f uit 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 to turn jus possessionis ; dicat, et adjiciat, etjure, quod sub se continet jus proprietatis. For it is not enough merely to set forth his charge (by which word the count is meant) by declaring, " I sue for so much land as my right," unless he shall have so laid it (the count), that he 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. 347 right of seisin of such an ancestor ; it is not sufficient if he declare that such 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 disputando, rationis mo- menta quaerenda 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 (Anglic^, a tradesman) est onerabilis, et taxabilis pro peculiis (Anglice, stock) in artei 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. Nosr 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. N on-feazanoe. Non-performance. Won fecit vastum contra prohibitionem. He did not commit waste contrary to the prohibition. Non fuit culpabilis. He was not guilty. Non fuit electus major. He was not elected mayor. Non habeat potestatem alienandi tenementa. He cannot 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 therein himself, and demised it to the tenant. 348 LAW GLOSSARY. Non habuit ingressum, nisi per intrusionem quam ipse fecit. He had no entry, but by the intrusion which he (himself) made. Non habuit ingressum, nisi post intrusionem quam Gulidmus in illud fecit. He had no entry, except after the intrusion which William made therein. Non haec in foedera veni. 1 have not consented to these obligations. ~Non inde est culpabilis, et pro bono et malo ponit se super patriam. Therefore he is not guilty, and, whether to gain or lose, he puts himself upon the country.. Nok 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 Anglice 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 plaoitorum 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 King's court : it is in- deed called a fine, because it should be the end and con- summation of all suite ; 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 ceetero, dare terram >suam, alicui domui religiosee, ita quod illam resumat tenendam de eadem domo ; nee liceat alicui domui religiosas terram alicujus sic accipere, quod tradat illam ei a quo ipsam recepit, tenen- dum. Si qui autem de csetero terram suam domui re- LAW GLOSSARY. 349 ligiosse sic dederit, ut super hoc eonvincatur, donum suum penitus cassetur, ut terra illo domino suo illius feodi incur- ratur. It is not lawful that any one, from henceforth, give his estate to any religious 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, in 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 Eomans when they were at a loss how to decide a cause. It signifies, "not clear." Won misit breve. He has not sent the writ. Non nostrum tantas componere lites. 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 life and liberty are at stake. Non obstante aliquo 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 omittas Oa. Sa. That you fail not (to arrest the defendant) to make satisfaction. 350 LAW GLOSSAKY. Non omittas propter aliquam libertatem. That yon omit not on account of any liberty (or privilege). Non omnium, quae a majoribus nostris constituta sunt, ratio reddi potest ; et ideo rationes earum, qua? constituun- tur, inquiri non oportet: alioquin multa ex his, qua? 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) whioh are in force ought not to be demanded, otherwise many of those which are established would be overthrown. Non poterit Bex 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 another ; 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. 1 am not informed: I am ignprant. LAW OLOSSAEY. 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 vitse periculum, aut corporis cruciatum. Not 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. Nosr tenent insimul. They do not jointly occupy. Non tenuit. He did not occupy (or hold). Non ullam 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 prsedic- 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. Normanni chirographorum confectionem, cum crucibus aureis, aliisque signaculis sacris, in Anglia flrmari solitam 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., &c, are willing 352 LAW GLOSSARY. to do right and speedy justice in this matter, as it is equi- table. Nosaunce. A nuisance. Noscttur a sociis. He is known by his companions : it is discoverable by what precedes and follows. Nos divini 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 tu.um 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. Nothits. An illegitimate child. Notitia. Notice. Nova constitutio futuris formam debet imponere, non prseteritis. The new constitution should enjoin a form in law for future transactions, but not for those already fin- ished. Nov^e 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. Recent disseisin : a new entry and ouster. Noverint universi per prsesentes, &c, me remisse, re- laxasse, et omnino de me, et hferedibus meis quietum cla- masse totum jus, titulum, et clameum, quae habui, et habeo, &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 6L0SSAET. 353 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 injuriis emersis nova constituere remedia. To enact new remedies for offences recently arisen. NovissiMArecopilacion. A collection of Spanish law. Novitas incognita disciplinas, ut solita armis discerni 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. Noviter ad notitiam perventa. It is newly come to notice. Novum opus. A new work. Noxalis actio. An action brought against the owner of a slave, when the latter has committed some offence, or in any way damaged another. Nuces colligere. " 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 GLOSSARY. Nudum pactum. A bare (or naked) contract: one not binding in law. Nudum pactum ex quo non oritur actio. A bare agree- ment (only), from which no action arises. Nudus executor. A bare executor : one who has no interest in the goods. Nul agard. No award. Nul assets ultra.' No further 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 the general issue. Nulla bona habet. He (or she) has 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 Ingulphi") erat mere libera, et canonioa ; sed omnes dignitates, tarn episco- rum, quam abbatum, per annulum et baculum, regis curia, pro sua complacentia conferebat. Penes clericos, et mona- chos fuit electio, sed electum a rege postulabant. No election of the prelates was purely free, and canonical, (" are the words of Inguljphus ;") but the King's court, in its benevo- lence, conferred all the dignities (or offices), as well those 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. NuLLiE riparian defendantur de caetero, nisi illse quse fue- runt in defenso tempore Henrici Eegis, avi nostri, et per eadem loca, et eosdem terminos, sicut 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. LAWGLOSSABY. 355 Nulla falsa doctrina est quae 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- drari. 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 haeredes 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 refuse or delay (to do) justice to any person. Mag. Ch. Nullis in bonis. No property in the goods. Nullius films. An illegitimate son. Nulli vendemus, nulli negabimus, aut differemus rec- 356 LAW GLOSSARY. turn vel justitiam. Mag. Ch. We neither sell, nor deny, 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 there 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, &c, no time prevents putting the crimi- nal on his trial. Nullus bailivus de csetero ponat aliquem ad legem manifestam, nee ad juramentum simplice loquela sua, sine testibus fidelibus 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 note, and also note to " Oompurgatores." 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 prae- sens est " abettans," aut auxilians 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, " abetting," or assisting the actor to perpetrate the felony. LAW GLOSSARY. 357 Nullus episcopus vel archidiacanus de legibus episcopa- libus amplius in hundredo placita teneant, neo causam quae ad regimen animarum pertinet, ad judicium secularium hominum adduoat; sed quicunque secundum episcopales leges, de quacunque causa vel culpa interpellate fuerit, ad locum quern 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. Nullus idoneus testis in re sua intelligitur. No per- son is understood to testify properly in his own cause. Ndllus justiciarius vel minister regis ingredi potest ad aliquod officium exercendum. No justice or minister of the King can enter to exercise any official duty. Nulltjs liber homo, &c, disseiseitur de libero tenemento vel libertatibus, vel liberis consuetudinibus suis, &c. That no freeman be dispossessed of his freehold, or free customs, &c. Vide Magna Gharta. Nullus liber homo aliquo modo destruatur nisi per legale judicium parium suorum, aut per legem terras. That no freeman be in manner destroyed, unless by the lawful judgment of his equals, or by the law of the land. Vide Magna Gharta. Nullus liber homo capiatur, vel imprisonetur, aut dis- seisietur de libero tenemento suo, vel libertatibus, vel li- beris consuetudinibus suis, &c, nisi per legale judicium 358 LAW GLOSSARY. parium suorum, vel per legem terrse. 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 terra?. That no freeman be taken, or imprisoned, or exiled, or in any other manner destroyed, unless 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- ra?. 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. Numerum liberorum finire, aut quidam ex agnatis necare, flagitium habetur: plusque ibi boni mores valent, quam alibi bona? leges. It was accounted an aggravated crime to limit the number of children, qr kill any of their kin- dred. So that good morals were more prevalent there than good laws elsewhere. LAW GLOSSARY. 859 Numerus certus pro incerto ponitur. A certain num- ber is used for one which is uncertain. Nummularius. A dealer in money ; a banker. Nitncius. "A nuncio." A messenger or servant. The Pope's nuncio was termed "Legatus Pontificis," a Legate of the Pontiff. Nunc pro tunc. " Now for that 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. Nuncupare. Words spoken. Nundinje. — —An English fair. Ntjnna. " A Nun." A consecrated virgin, or woman, who, by vow, hath bound herself to a chaste life, 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. Nunquam custodia alicujus de jure alicui remanet, de quo habeatur suspicio, quod possit, vel velit aliquod jus in ipsa hsereditate 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 sister co-heir, dispossessed by her co-parcener of lands, whereof their father, brother, or any common ancestor died seized in fee. NuPTLffi secundae. "Second nuptials." This was formerly sufficient 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 qui facit, &o. — As if a man gives another a power of attorney, or appoints him, verbally, 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 Qtn non prohibet, &c. — If a man consciously, 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. Nattjralis affectio. — 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, &a, here the naming of them to be of kin implies the consideration of natural affection, whereupon such a use will arise. Tide Gart. 138. Neo IX papyris, &c. — 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, (Papyrv/m nascitur in palustribus Egyptii, aut quiescentibus Nili aquis. Vide Plin.) According to a passage in Imcan, 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 Romans, 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 Tibe- 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. J'apyrus 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 Roman 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 fheBdoric, the first King of the Goths, in Italy, at the end of the fifth, or beginning of the sixth cen- tury. Cassidorus 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, l! 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 " Chartce," Ac., that " the membranes of the Papyrus, being moistened with the muddy waters of the Nik, served instead of glue ;" but Bruce, 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 Papyrus paper, both in Abys- sinia and in Egypt, and fully ascertained that the saccharine juice, with which the plant is replete, causes the adhesion of the parts together; the water being only of use to promote the solution of the juice, and its equal LAW GLOSSARY. 361 diffusion over the whole. Sufficient evidence of the abundant vise of the Papyrus is to be found in the fact that nearly eighteen hundred manu- scripts, written on paper of this description, have been found in the ruins of Herculaneum. Paper made of cotton entirely superseded the Papyrus, in the course of time, as being much more durable, and better calculated for all the purposes to which paper is ordinarily applied. This new substance was called Glmrta bombycina. It cannot, perhaps, be exactly ascertained when this man- ufacture was first introduced. Montfaucon fixes the time as being the end of the ninth, or beginning of the tenth century, a period when the scarcity of parchment, and the failure in the supply of Papyrus, called forth the powers of invention, to supply some adequate substitute. It was about this time that the dearth of writing materials caused the almost sacrilegious practice of erasing many valuable writings of ancient authors, that the parchment on which they were written might be again used. This is much to be deplored. The paper produced from cotton is not so well adapted for writing upon, nor so durable, as that made from linen. It was probably not very long after the general use of cotton for paper, that linen rags were discovered to be a still better material. Nemo ad begem, &c. — The Barons, at one time, under the Feudal system, engrossed to themselves the trials of all suits, and all offenders; and, no doubt, considerable injustice was often committed by them with impunity ; to say nothing of the money which each suitor paid for the trial of his cause. Various expedients were, at different times, resorted to, in order to limit their jurisdiction. At first, the Sovereign endeavored to circumscribe the juris- diction of the Barons, by contending that they ought to take cognizance only of small offences, reserving those of greater moment, under the appellation of " Pleas of the Crown, and Royal Causes," to be tried in the King's Courts. This, however, affected only the Barons of inferior note ; the more powerful nobles scorned such a distinction ; and not only claimed unlimited jurisdic- tion, but many of them obliged their Sovereigns to grant them " Charters," conveying, or recognizing this privilege, in the most ample form. The at- tempt was, however, productive of some good consequences, and paved the way for more. It turned the attention of the people to a jurisdiction distinct from that of the Barons, whose vassals they were ; it gave them a clear idea of the superiority which the Crown claimed over territorial Judges ; and taught them, when oppressed by their own superior lord, to look up to the Sovereign as their protector. This facilitated the introduction of appeals from the Barons' judgments ; and brought them under the review of the Royal Judges, and sometimes of the King himself, who sat with them, when he thought proper. Next objekati et addioti. — By the law of the Twelve Tables, it was or- dained, that insolvent debtors should be given (addicerentur) to their credit- ors, to be bound in fetters and cords (compedibus et nervis), whence such debtors were called " Nexi obcerati, et addicti." Debtors were often treated with great severity, though they did not entirely lose the rights of Free- men. Nihil habes in tenementis. — This was formerly a plea, pleaded in an action of debt, brought by a lessor against a lessee for years, or at will, with- out deed. Vide 2 IAl. Mr. 214. In debt for rent, upon an indenture of lease, nil habidt in tenementis, might not be pleaded, because it is an estoppel ; and a general demurrer will serve. Nihil sanotius. — The ancients were very superstitious about certain numbers : 362 LAW GLOSSARY. " Terna tibi hoc primum triplici diversa colore Licia circumdo ; terque hoc altaria circum Effigiem duco: numero Dews impure gaudei." Tirg. Eclog. viii. 13. " Around his waxen image first I wind Three woollen fillets, of three colors joined ; Thrice bind around his iftrice-devoted head, "Which round the sacred altar thrice is led : Unequal numbers please the Gods." Dryd. Nisi CAPTUS, &c. — The Norman Kings, and their followers, were passion- ately fond of hunting ; and, soon after the Conquest, they appropriated con- siderable tracts of land for the preservation of deer, hares, and other game ; and enacted very severe and barbarous laws for their protection ; and the infringement of the forest laws was, at one time, considered so henious an offence, that no bail could be taken for it. Some idea may be formed, from various authors, of the mode of hunting adopted by the polished, or civilized nations of antiquity ; but we look in vain for any record of the manner in which the inhabitants of Britain, at the period of Julius Caesar's invasion, followed the chase. However, the following note, as to the savage laws which were anciently made respecting the game, and the manners of our an- cestors relating to the sports of the field, may not be unacceptable. In the time of the Saxons, there is every reason to believe that the pur- suit of the stag, the wild boar, the wolf, &c, constituted the whole, or nearly so, of the field diversions of that period. When William the Conqueror gained the battle of Eastings, and became the iron-hearted ruler of the country, he introduced, among a number of despotic regulations, laws for the protection of beasts of the chase ; some of which are amusing enough to us at this period. It is true, the Anglo-Saxons enacted laws for the regulation of the chase, but these were of a milder description than those which fol- lowed. Canute, the Dane, appears to have been the first that instituted the Forest Laws, which were not only confirmed by William the Norman, but rendered by him intolerably oppressive. This monarch is accused of having devastated the southern part of Hampshire, and driving away the poor peas- antry, in order to accommodate those animals which constituted the object of the chase, to which William and his nobility were so passionately at- tached. The game laws of this period were in ' strict unison with the tempers of the framers, and characterized by all that overbearing ferocity of disposition, which, it is said, so conspicuously distinguished William the First, and his im- mediate successors ; and offer to our contemplation nothing in the shape of humanity, or which could in any way harmonize with the better sense, and better feelings of modern times. For instance, if a poor cottager happened to be pestered with a wild boar, which, after ravaging, had made its lair in his garden, he was at liberty to drive it away ; yet, in so doing, he must be careful not only to inflict no wound upon the animal, but, in ridding himself of so unwelcome a visitor, the laws forbade his using any degree of violence. Moreover, if, by any accident, a peasant happened to lame a stag, or a boar, he was punished ; if he was unfortunate enough to kill one of these animals, though by mere accident, he was liable to have one of his eyes put out ; or he was otherwise miserably mutilated. In case a man killed one of these beasts of chase, wilfully, he was liable to suffer death, by one of the laws of King Sufus, made by his own authority. Under this law he seized many great and noble personages, and confined them for years, without bring- ing them to trial, until he forced them to give up the greater part of their estates. William was usually accompanied by a large train of nobility and hunts- LAW GLOSSARY. 363 men, most of whom appeared to be equally attached to the chase ; and on many of whom he lavished, with an unsparing hand, the most princely do- nations. To Waleran, his huntsman, he gave no less than fifteen manors in Wiltshire, eight in Dorsetshire, and several in Hampshire ; and his name ap- pears in the list of tenants in capiie (in Domesday-book) in other counties. In the same book may also be found records of the extensive possessions of other huntsmen of Groc, Godwin, &c. The following remarks may be found in an ancient writer : " In these days our nobility esteem the sports of hunting and hawking as the most honora- ble employments ; the most exalted virtues ; and these amusements they account the summit of human happiness. They prepare for a hunt with more trouble, anxiety and cost, than they would for a battle ; and follow the beasts of the forest with more fury than they pursue their enemies ; by be- ing constantly engaged in this savage sport, they contract habits of bar- barity ; lose, in a great measure, their feelings of humanity ; and become nearly as ferocious as the beasts they pursue. The husbandman is driven, together with his innocent flocks and herds, from his fertile fields, his mead- ows and pastures, that beasts may roam there in their stead. Should one of these potent and merciless sportsmen pass your door, place before him, in a moment, all the refreshments your habitation affords, or that can be pur- chased or borrowed in your neighborhood, that you may not be utterly ruined, or perchance, accused of treason." The Clergy, at this period, were the most ardent of those who followed the chase ; and even Ladies caught the predominant passion, and eagerly par- took of the sports of the field. The superior clergy, in the olden time, might be said to stand pre-eminent in respect to hunting and field sports : for we find that Walterus, Archbishop of Canterbury, (who was promoted to the See of Rochester, 1447,) neglected the duties of his sacred profession, and devoted himself entirely to field sports. At the age of eighty, he followed the chase with the alacrity of youth, and died at a much more advanced period. Reginald Brian, Bishop of Worcester, in 1352, was distinguished for his attachment to field sports ; and in an epistle to the Bishop of Saint David's, he reminds him of a promise to send him "six couples of Iwunds." After declaring that "his heart languishes for their arrival," he adds, "Let them come, oh I reverend father I without delay ; let my woods re-echo with the music of their cry, and the cheerful notes of the horn ; and let the walls of my palace be decorated with the trophies of the chase." The cowl was frequently laid aside for the pleasures of the chase : and the monasteries pro- duced some men remarkable at once for their piety and for their skill in the field. William de Clowne, who is celebrated as one of the most amiable Ecclesiastics of his time, and who filled the Abbacy of St. Mary, in Leices- tershire, was equally distinguished for his excellent qualities as a huntsman ; and, that his kennel might be well supplied with hounds, the King granted him the privilege of " holding a market for the sole purpose of dealing in dogs." There is every reason to believe that the Anglo-Saxons pursued the wolf, and wild boar, Ac, ore foot : horses, however, were used by the Nor- mans, who appear to have surpassed their predecessors in the knowledge of the chase. They directed their attention, for the most part, to the pursuit of the stag, the roe-buck, fox, hare, &c, and did not depend altogether on their hounds, as they are said to have been excellent marksmen, and the ob- ject of the chase was frequently killed by an arrow. In the laws of King Edgar is the following prohibition against priests fol- lowing the chase : " We laerath that preost ne bestes huntce ne hafecere ne taflere ; acplegge on his bocum swa his hade gebirath" — i. e. " We order that a priest be not a hunter, nor a hawker, nor gamester ; but that he attend to his books, as becometh his order." Nisi pbius, &c. — Upon the trial of causes, especially in London and West- 364 LAW GLOSSARY. minster, if nowpoints arise, they are generally reported and published in books, called " Nisi Prius Reports ;" but, as many of the verdicts given at those trials are set aside, either from the misdirection of the judges to the jury, on points of law ; or where verdicts are obtained by surprise, or contrary to the weight of evidence ; and from other causes, (as where the judges are dissatisfied with the verdict, &c.,) these Nisi Prius Reports are, by the experienced law- yer, held in as little estimation as they deserve. It is a question whether the student should even read such Reports, because he sometimes treasures up points of law which are very frequently overturned, or much shaken, when they are argued in a higher tribunal, where the judges have more time to examine the law of the cases, than they have in the hurry of a Nisi Prius trial. Nobiliores, natallbus, &e. — The cities of Italy were the first who shook off the yoke of the insolent Barons ; and established among themselves such a free and easy government, as would render property secure, and industry flourishing. About the beginning of the eleventh century, some of the Italian cities began to assume new privileges, and to unite themselves more closely. The great increase of wealth, which the Crusades to the Holy "Wars brought into Italy, (which was a kind of rendezvous for the soldiers of the Cross,) caused a new fermentation and activity in the minds of the public ; and, be- fore the conclusion of the last Crusade, all the considerable cities in that country had either purchased, or extorted, large immunities from their Sover- eigns. Vide Murat. Antiq. Ital. vol. 4. The great Barons in England, as well as throughout all Europe, many of whom had wasted large sums of money in the Holy Land, were eager to lay hold of a new expedient to raise money by the sale of " Charters of Liberty ;" and, though, the institutions of communities were as repugnant to their maxims of policy, as it was adverse to their power, they disregarded remote consequences, in order to obtain present relief ' Notwithstanding the immense fortunes which were made, and the many honorable men who embarked in trade, many ages elapsed, after grant- ing these Charters of Liberty, and Enfranchisements, before the deep-rooted prejudices against traffic subsided among the Baronial Landholders, (and it is far from being eradicated even at this present day;) nor could they be brought to consider the condition of a merchant to be respectable. If no- thing else were wanting to convince us of this; the words of the text show with what contempt, men, who prided themselves on birth and dignity, con- sidered those who followed commercial pursuits. Noctes, et noctem de firma. — In Domesday we often find with " Tot nodes de firma, or firma tot noclium" which is understood of entertainment of meat and drink for as many nights: for, in the time of the English Saxons, time was computed not by days, but nights ; and so it continued until the time of Henry the First, as appears by his laws ; and hence it is usual, especially in England, to say " a seven night," i. e. septem noctes, for a week. Nolle prosequi. — This is an acknowledgment, or agreement, by the plain- tiff, that he will not further prosecute his suit, as to the whole or a part of the cause of action; or where there are several defendants, against some or one of them ; and it is in the nature of a Retraxit, operating as a release, or perpetual bar. Vide Tidd's Pract. K. B., who cites Cro. Car. 239, 243. 2 Roll's Abr. 100. 8 Co. 58. Cro. Jac. 21, sed vide Raym. 559, where they may be other defendants. Non^. — Nones, so called from their beginning the ninth day before the Ides ; the seventh days of March, May, July, and October, and the fifth of all the other months. By the Roman account, the Nones in the aforesaid months are the six days next following the first day, or the Calends ; and of others, the four days next after the first, according to these verses, LAW GLOSSARY. 365 " Sex nonas, Mains, October, Julius et Mars, Quatuor at reliqui," &c. i. e. May, October, July and March have six nones, the others four. Though the last of these days is properly called Nones, for the remainder is reckoned backwards, as distant from them, and accounted the third, fourth, or fifth None. Non bepdit, &c. — At the ordeal by the " corsned," and probably at other kinds of ordeal, money was paid to the priests for their attendance and services. Non in regno, &c. — The levying of fines, and suffering recoveries, to en- able landholders to alienate their estates, were encouraged by some of the English Kings, as having a tendency to check the overgrown power of the Barons ; and has been considered one of the reasons why the English, at an early period, obtained considerable commerce. It also tended to weaken the unnatural and unjust law of primogeniture ; as many landholders sold or mortgaged their estates, the produce of which was generally divided in an equitable manner. Non licet, &c. — Many persons, during the middle ages, had been in the habit of transferring their estates to Religious Houses, with the understand- ing of receiving them again, and holding them of such houses ; by which means the services of the lords of the fee became impaired. Non notiero, &c. — Evidence is not to be considered as the strongest on account of the number of the witnesses for either of the contending parties ; but from their credibility, judging from all the circumstances of the case. The Romans understood this matter extremely well ; and there are express- ions to be found in their writings which are forcible, and very pertinent on this point. There is every reason to believe that our ancestors required the jury to come (de vicenelo) from the neighborhood, in order that they might the better judge of the credibility of the witnesses produced by the litigating parties, and it was a great mark of their sagacity. In many instances, wit- nesses have been well clothed by one of the contending parties, in order to appear respectable before a court and jury, whose oath in their oivn neigh- borhood would not be credited on the most trifling occasion. Non pros'. — "When a plaintiff on a trial at common law has not produced sufficient evidence to enable him to go to the jury ; or where he has mistaken his proper form of action; or where he has no count in his declaration ap- plicable to his case. In these instances the plaintiff usually elects to be " non-prossed;" as in that case he can begin de novo (or anew). Nota est sponsio, &c. — Agreements of any magnitude were generally, in the Feudal ages, taken down by a third person, or notary. The Romans generally adopted the same course ; but this extract very probably refers to the language of persons who were about to enter into a suit at law. Tide ■ : Sacramenium," and note. Ndxlus Baimvt/s. — When wager of law became prevalent, unprincipled debtors took advantage of this mode of paying their debts ; but at length it became so common, that no wager of law was permitted to any one, unless he brought credible persons to vouch that they behoved what was sworn to to be the fact. Tide note to " Compurgatores." 366 LAW GLOSSARY. 0. Ob aliquam sui corporis turpitudinem. " On account of some bodily uncleanness (or loathsome disease)." When a woman was separated from her husband on this account, she could not formerly claim her dower. Ob causam aliquam a re maritima ortam. On account of some maritime business. Ob continentiam delicti. On account of the modera- tion of the offence. Obeeatus. One indebted to another, and obliged to serve him till the debt is discharged. Obiit nuper. He lately died. Obiteb. By the way : loosely : unauthoritatively. Obiteb dicta. Loose sayings : words spoken by the bye, or on the spur of the occasion. Ob jus quod in eos habet princeps, vel ci vitas. -On account of the right which the Emperor, or the State has therein. Oblati. In feudal law, persons who placed them- selves voluntarily under the authority of ecclesiastical in- stitutions. Obolata terrse. A measure of land. Obeepebe. To creep upon. Obruat illud male partum, male retentum, male gestum imperium. Perish that thing which is wickedly ac- quired, disgracefully retained, and improperly used. Obsta principiis. Oppose (adverse) beginnings. Obtemper. To obey. Obtulit se in propria persona. He appeared in his own person. Ocgasione damnorumi By reason of the damages, Occasions detentionis debiti. By reason of detaining the debt. LAW GLOSSARY. 367 Occision. Killing. Occys. Killed. Occupavit. An ancient writ of ejectment. Octo tales. The name of an ancient writ which re- quired the sheriff to make up a deficiency of jurors by summoning "eight such" as had been upon the first panel. Oeps. Use. Offa execrata. " The execrable (or accursed) mouth- ful." A method of trial among the Saoaons by swallowing, or endeavoring to swallow, a mouthful of bread. Vide note to " Tenetur sepurgare," &c. Officlna brevium. The depository for writs. Officina gentium. The storehouse of the nations. Vide note. Oleron, laws of. An ancient collection of maritime laws. Olim a praslatis, cum approbatione regis, et baronum, dicitur emanasse. It is said to have formerly issued from the Prelates, with the consent of the King and the Barons. Olim in vita sua contradicere non potest. Formerly in her lifetime, which cannot be disproved. Olympias. An Olympiad. Vide note. Omissis omnibus aliis negotiis. All other matters be- ing omitted : all other proceedings being laid aside. Omissus casus. An omitted case: one unprovided for. Omjte actum ab agentis intentione est judicandum. Every act is to be judged by the agent's intention. Omne ass alienum quod manente societate contractual est, de communi solvendum est, licet posteaquam societas distracta solutum sit : sed nee ses alienum, nisi quod ex qusestu pendebit veniet in rationem societatis. Jure socie- tatis, per socium sere alieno, socius non obligatur ; nisi in communem arcam pecuniae versae sunt. Every debt which has been contracted during the continuance of a 368 LAW GLOSSARY. copartnership, must be paid off by the firm generally, not- withstanding it be afterwards dissolved; but no debt, except that which depends upon profit, shall come to the account of the firm. One partner is not bound by the law of copartnership for the debt of the other, unless the cash be appropriated to the common stock. Omnb majus in se minus complectitur. -Every greater embraces in itself a lesser. Omne principale trahit ad se accessorium. Every principal draws to itself its accessory. Omne privilegio clericali nudati, et coercioni fori secula- ris addicti. Stripped of all benefit of clergy, and con- demned to the coercion of a lay jurisdiction. Vide note. Omnes comites, et barones, et milites, et servientes, et universi liberi homines totius regni nostri praedicti, habe- ant et teneant se semper bene in armis, et in equis, ut decet et oportet, et sint semper prompti et bene parati ad servitium suum integrum, nobis explendum, et peragen- dum, cum opus fuerit ; secundum quod nobis debent de feodis et tenentibus suis de jure facere, et sicut illis statui- mus per commune concilium totius regni nostri prsedicti. That all Earls, and Barons, and Knights, and Free- men, and Tenants of our said realm, have and hold them- selves well equipped in arms and horses, as it becomes and behooves them ; and that they be always ready and well prepared to perform and fulfil their entire services to us, as occasion requires, according to what they. owe us in respect of their fees (or lands) and tenements, and as we have appointed to them at the general council of the whole of our said realm. Omnes Comites et Barones, una voce responderunt, " Quod noluint leges Anglije mutari, qum secusque, USITAT.E sunt et approbate." All the Earls and Barons unanimously answered, " That they would not CHANGE THE ENGLISH LAWS, WHICH HAVE HITHERTO BEEN USED AND APPROVED." LAW GLOSSARY. 369 Omnes homines ejusdem facultatis. All persons of the same profession. Omnes longo post se intervallo reliquerit. He left them all at a great distance behind. Omnes occupatores. All the tenants. Omnes praedia tenentes quotquot essent notse mehoris per totam Angliam, ejus homines facti sunt ; et omnes se illi subdidere, ejusque facti sunt vassalh ; ac ei fidelitatis juramenta prsestiterunt se contra alios quoscunque illi fidos futuros. All those holding farms of the better sort, throughout all England, became his subjects ; and submit- ted themselves to him, and became his vassals ; and took the oath of allegiance to him to be faithful to him against all other persons -whomsoever. Omnes res suas liberas et quietas haberet. That he should have all his effects free and unmolested. Omnia bona et catalla, tarn viva, quam mortua. All his goods and chattels, as well animate as inanimate. Omnia catalla cedant defuncti; salvis uxori ipsius et pueris suis rationabilibus partibus suis. They deliver up all the effects of the deceased, saving to his wife and children their just and reasonable proportions. Omnia libere et legaliter facienda. All things should be done freely and legally. Omnia prsesumuntur in odium spoliatoris. Every thing is presumed against the despoiler. Omnia prsesumuntur solemniter esse pacta. All things are presumed to be solemnly done. Omnia quae movent ad mortem sunt Deodanda. All things which cause death while they are in motion become Deodands. Omnia qua? nunc vetustissima creduntur, nova fuere ; et quod hodie exemplis tuemur, inter exempla erit. All that we now imagine to be ancient, was at one time new ; and what we respect as examples to-day, will, at some future time, be considered as precedents. 24 370 LAW GLOSSAEY. Omnibus ad quos prsesentes literae pervenerint, salutem. To all to -whom the present letters shall come, greet- ing. Omnibus privilegiis militaribus gaudet. He delights in all military privileges. Omnibus qui reipublicae prsesunt etiam, atque etiam, mando, ut omnibus a3quos se prebeant judices, perinde ac in judicali libro, Saxonice Dombec, scriptum habetur ; nee quicquam formident, quin jus commune, Saxonice Folc- eighte, audacter libereque dicant. Again, and again, I command, all who hold authority in the commonwealth, that they prove themselves upright Judges to all, like as it is written in the judicial book, called in Saxon Dombec ; nor shall they fear anything ; but boldly and freely declare the common law, called in Saxon Folk-eight. Omni exceptione majores. Above all exception. Omni quoque corporali cruciatu semoto, inhumanum erat spoliatum fortunis suis in solidum damnare. All corporeal torture being likewise removed, it was cruel to fine a person who was deprived of all his property. Omnis corporalis poena, quamvis minima major est omni poena pecuniari quamvis maxima. Every bodily punish- ment, although ever so trifling, is heavier than the greatest pecuniary penalty. Omnis disseizina est transgressio ; sed omnis trangressio non est disseizina. Every disseisin is a trespass ; but every trespass is not a disseisin. Omnis innovatio plus novitate perturbat quam utilitate prodest. Every innovation injures more by its novelty than benefits by its utility. Omnis privatio prassupponit habitam. Every priva- tion is founded upon the supposition of previous enjoy- ment. Omnis prohibitio mandato equiparatur. 'Every pro- hibition is equal to a command. Omnium gravissima censetur vis facta ab incolis in patri- LAW GLOSSARY. 371 am ; subditis in regem ; liberis in parentes ; maritis in ux- ores ; (et vice versa), servis in dominos ; aut etiam ab hoinine in semet ipsum. Of all others, that is considered the most grievous violence, which is committed by inhabit- ants against their own country; subjects against their king ; children against their parents; and husbands against their wives : and so, on the other hand, by vassals against their lords ; and even by man against himself. Omnium rerum immunitas. A privilege (or com- munity) of everything. Onera emergentia et contigentia. Growing and con- tingent charges. Onerando pro rata proportionis. " By charging ac- cording to the proportion (or quantity)." A writ that lies for a joint tenant, or tenant in common, who has been dis- trained upon for more rent than his proportion of the land amounts to. Vid. Beg. Org. 182. Onerari non debet. He ought not to be charged. Onus probandi. The obligation of proving. Oportet. It is necessary. Optima evidentia rei prsevalebit. The best evidence of the matter will prevail {or be more efficacious). Opttmus interpres rerum usus. Custom (or use) is the best interpreter. Opusculum de jure occidendi, vendendi, et exponendi liberos apud veteres Bomanos. The small treatise, con- cerning the law of killing, selling and exposing children among the ancient Romans. Oka. A Saxon coin worth 16d. Orare. To petition. Orator.- — Petitioner. Ordo excipiendi. The order of pleading. Ore tenus, et non aliter. Verbally, and in no other manner. Orfgild. Saxon payment for a beast. Orfeure. A worker in gold. Origo familiarum. The genealogy of families. 372 LAW GLOSSARY. Ostensue' Quare conspirations inter eos praehabita, pree- fat A de, &c, indictari, et ipsum, ea occasione, capi, &c, felso et maliciose procuraverunt ad &c, et contra, &c. — ; — It is to be shown why in the previous conspiracy between them, the said A of, &c, was indicted, and why, on that occasion, they falsely and maliciously caused him to be ar- rested, &c, to, &c, and against, &c. Ouster. A dispossession. Ousterlemain. To remove the hand: liberty for an adult to demand his property from his guardian, &c. Odwang-thief. A thief caught beyond the bounds of the manor, and taken for trial to the lord's court. Overhernissa. Sax. Contempt. Oversman. Scotch for a mediator or umpire. Overt. -Open : public. Owel. Equal. Oyer de records et de faits. To hear the records and deeds. Oyer et terminer. To hear and determine. NOTES TO O. Officeta gentium. — This alludes to the prodigious swarms of Barbarians, which, from the beginning of the fourth, to the final extinction of the Roman power, poured into the Romm empire ; these words, " Officina gentium," gave rise to the opinion, that the countries whence they issued were crowded with inhabitants ; and yarious theories have been formed by different authors to account for such an extraordinary degree of population among the wild for- ests of northern Europe. But if we consider, that although the countries possessed by the people who invaded the Empire were of vast extent, yet that the most considerable of the barbarous nations subsisted entirely by hunting or pasturage ; in which state of society large tracts of land are re- quired for maintaining a few inhabitants ; and that all of them were strangers to the arts of industry, without which population cannot extend to any great degree, we must conclude that the countries could not be so populous in an- cient times as they are at present. Oltmpias. — An account of time among the Greeks, consisting of four complete years, having its name from the Olympic games, which were kept there in honor of Jupiter Olympms, near the city of Olympia, when they en- tered the names of the conquerors upon public records. The first Olympiad began in the year 3938 of the Julian period; about fifty years after the taking of Troy; 116 years before the birth of Christ; and twenty-four years before LAW GLOSSARY. 373 the founding of Some. Ethelred, the English Saxon King, computed his reign by Olympiads. Omnb privilegio, &c — The time cannot easily be fixed in which Ecclesi- astics first began to claim exemption from the civil jurisdiction. It is certain that during the early and purest ages of the church they pretended to no such immunity. The authority of the civil magistrate extended to all per- sons, and to aU causes. This fact has not only been established by Protestant authors, but is admitted by many Roman Catholics of eminence, and particu- larly by the writers in defence of the GaUican church. There are several original papers, published by Muratori, which show that in the ninth and tenth centuries causes of the greatest importance relating to Ecclesiastics were still determined by the civil judges. Tide Antiq. Ital. vol. v. Dissert, lxx. Ecclesiastics did not shake off all at once their subjection to the civil courts. The privilege was acquired slowly, and step by step. This exemption seems at first to have been merely an act of complaisance, flowing from veneration for their character. Thus, from a charter of Charlemagne in favor of the church of Mons, A. D. 196, that monarch directs his judges, if any differences should arise between the administrators of the revenues of the church, and any person whatever, not to summon the administrators to appear "in motto publico," but first of all to meet with them, and to endeavor to accommodate the difference in an amicable manner. This indulgence was in process of time improved into a legal exemption, which was founded on the same respect of the Laity for the clerical character and function. A remarkable instance of this occurs in a charter of Frederic Barbarossa, A. D. 11T2, to the monas- tery of Altenburg. He grants them "Judicium non tantum sanguinolentce plages, sed vitoc et mortis" — i. e. "Not only jurisdiction (to inflict) bloody wounds, but (also) of life and death." He prohibits any of the royal judges from disturbing their jurisdiction ; and the reason which he gives for this ample concession is, "Nam quorum Dei ex gratia, rations divini ministerii onus leve est, etjugum suave, nospenitus nolumus ittos oppressionis contumelid vel in manu laica fatigari" — i. e. " For we wish that the burthen of those who, by God's grace, and by his divine purpose, minister to us should be light, and their yoke pleasant, and we particularly desire that they should not be vexed with the haughty language of oppression, or harassed by the hand of the Laity." Tide Mencken Script. Eer. Germ. vol. iii. p. 1067. P. Pacta conTenta. CoYenants (or conditions) agreed upon. Pactum est quod inter aliquos convenit. That be- comes an agreement between those who assented to it. Pais. The country. Palam populo. In presence of the people. Palatium. A Boman name for palace. Palicea. Anciently, a paled fence. 374 LAW GLOSSARY. Palmata. That quantity -which may be held in the hand. Pandects. Digests of Eoman law, being selections from the writings of ancient authors upon jurisprudence. Pandoxare. To brew. Panel. In England, the names of jurors which the sheriff returns for the trial of a cause, are written on an oblong scrip of parchment, and joined to the jury process. Pannage. That food which in England the swine feed upon in the forests ; such, for instance, as acorns, etc. Parage. (In old English law.) Equality of blood or position. As equality between the elder son, with a large portion, and the younger son with a smaller one. Paraphernalia. "The wife's apparel and orna- ments." Those goods which a wife is entitled to, over and above her dower and jointure. Vide note. Paratdm habeo. 1 have him ready. Parattts est verificare per chartam et recordum. He is ready to prove by the deed and record. Paratus sum verificare. 1 am ready to prove. Par avail. Tenant paravail : a tenant of the fee : or he who is the immediate tenant to one who holds of an- other ; and he is called " Tenant paravail" because it is presumed he hath profit, and avail of the land. 2 Inst. 296. Paraveredus. (In old Continental law.) A post- horse furnished for the service of the king. Parcella arese : parcella pomarii. Part of an area : parcel of an orchard. Parcener. One who holds property with another. So called parceners, because they may be compelled, or wish to partition. Parchemin. Parchment. Parous. An enclosed spot of land in which to con- fine stray cattle. LAW GLOSSARY. 375 Parentum virtus dos est maxima. The parents' vir- tue is the most valuable portion. Pares. Equals : freeholders. Pares curiae. Equals (or freeholders) of the court. Pares debent interesse investiturae feudi, et non alii. Freeholders should be present at the investiture of a fee, and none others. Pares regni. Peers of the realm. Parfourny. Finished. Paria sint suffragia. The votes may be equal. Paricla. A duplicate. Pari delicto. In a similar offence (or crime). Pari delicto, potior et defendens. The defendant is the better off in the like offence. Pari materia. In the like matter, or concern. Pari passu. By the same gradation. Pari ratione. By a similar reason. Parium judicium. Trial by jury. Parle-hill, or Parlinge-hill. Anciently, a hill on which courts were held. Parliamentum indoctum. Entitled by Lord Coke, "the lack-learning Parliament." Parner. To take. Paroche. A parish. Parole. Verbally. Pars antecessoris. The ancestor's share (or portion). Pars enitia. The portion of the eldest child. Pars ilia communis accrescit superstitibus de persona in personam, usque ad ultimam superstitem. The com- mon part (or that part which is uncontrolled) accrues to the survivors from one to another, even unto the last sur- vivor. Pars mulctae regi, vel civitati ; pars ipsi qui vindicatur, vel propinquis ejus exsolvitur. Part of this fine is paid to the King, or to the State ; part to him who is aggrieved, or to his relations. 376 LAW GLOSSARY. Pars pro toto. A part for the •whole. Pars rationabilis. " A reasonable part." Formerly ■when a husband endowed his wife with personality only, he said in the marriage ceremony, " with all my worldly goods, I tihee endow ;" which entitled the wife to her thirds, or "pars rationabilis" of his personal estate. Partes finis nihil habuerint. " The parties to the fine had no interest" (in the lands). "Words of exception against the validity of a fine. Participes criminis. Partners in crime : accessories. Partitione facienda. By making a division. Partus sequitur ventrem. The issue belongs to the mother. Parum cavisse videter. He appears not to have taken care. Parum proficit scire quid fieri debet, si non cognoscas quomodo sit facturum. It profits little to know what ought to be done, if one knows not how to do it. Parva proditio. Petit treason. Parvum cape ad valentiam. -" The small (writ of) Gape to the value." The writ of Cape is a judicial writ, touching a plea of lands, &c, and is divisible into Cape magnum, and Cape parvum. Parvum servitium regis. The Kin g's petit serjeantry. Pascha. Easter. Pascuagium. Anciently, the pasturing of cattle. Passagium. A voyage. Pastitium. Ground used for the pasturing of cattle. Pastura. " The pasture." Sometimes this word means the land itself, in opposition to " herbagium" the herbage, and "pascium," the food. Vide Durnford and Easts Reports. Vide, also, Go. Lit. 4, b. Pateat universis per praasentis. Know all men by these presents. Patens. — — Lying open : plain : manifest. Pater, credens nlium suum esse mortuum, alteram insti- LAW GLOSSARY. 377 tuit heeredem ; filio domi redeunte hujus institutionis vis est nulla. A father, believing that his son was dead, ap- pointed another to be the heir ; on the return of the son, this appointment is of no effect. Pater ounctos filios adultos a se pellebat, praeter unum quern hseredem sui juris relinquebat. The father ex- pelled all his adult sons, except one, whom he left heir of his right. Pater est quern nuptiae demonstrant. He is the father whom the marriage designates (to be so). Pater et mater defuncti, filio, non filiae hsereditatem re- linquent. Qui defunctus non filios sed filias reliquerit, ad eas omnis hsereditas pertineat. The father and mother being dead, they leave the estate to the son, not to the daughter. A person dying, without sons, but leaving daughters, the whole estate belongs to them. Paterfamlias ob alterius culpam tenetur sive servi, sive liberi. " The master of the family is held responsible for the misconduct of another, whether he be a slave or child." Alluding to the Saocon law. Paterntcum. In old law, that part of a person's estate which came from the father's side. Pater patriae. The Father of the country : as a President may be called. Patria potestas in pietate debet, non in atrocitate con- sistere. Paternal authority should consist in affection, not in barbarity. Patrimus. In civil law, a person whose father is living. Patrinus. In ancient ecclesiastical law, a god- father. Patrocinium. (In Eoman law.) Patronage. Patrueles. Cousin-germans by the father's side. Patruus. A father's brother. Paumer. To handle or touch with the hand. Pausare. To lay down. 378 LAW G L O S S A It Y . Pax ecclesise. The peace of the church. Pax regia. " The royal peace." The privilege of the King's peace. By the ancient Saxon constitution, this priv- ilege extended from the King's palace gate to the distance of three miles, three furlongs, and a little more, even de- cending to feet, palms, and barley-corns. Peccata suos teneant auctores, nee ulterius progrediatur metus cuam reperiatur delictum. Let offences bind the transgressors (only) : nor let fear proceed further than the crime be discovered (to extend). Pbccatum illud horribile, inter Ohristianos non nomi- nandum. That horrible crime, not (even) to be named amongst Christians. Pecculatus. The act of embezzling public money. Peche. An offence. Pecia. Anciently, a word used in records signifying a piece ; as, pecia terrce, a piece of land. Peculiari poena judicem puniunt ; peculiari testes quo- rum fides judicem seduxit ; peculiari denique et maxima auctorem ut homicidam. They punish the judge by a peculiar punishment; the witnesses whose credit misled the judge ; (finally), the author, as a person guilty of homi- cide, by a remarkable, and by the greatest punishment of all. Peculium. Stock: estate: property. So called pecu- lium from the Latin word Pecus, that being the chief, and, in many cases, the only property, during the pastoral ages : wealth being estimated by the number of the flocks. Vide Job, i. v. 3. Peculium castrense. In Eoman law, that species of property which the son has gained while in the camp, or during war. Pecunia. Properly money ; but anciently used for cattle ; and sometimes for other property, as well as money. We often find in Domesday, "Paslura ibidem ad % * pecuniam villm " — i. e. Pasture ground for the cattle of the village. Gowell. LAW GLOSSARY. 379 Pecunia signata. Coin: money stamped. Vide note. Pecunia trajectitia. Money taken over the sea. Maritime interest. Pecus vagans, quod nullus petit, sequitur, vel advocat. Cattle straying, which no person seeks after, follows, or claims. Pedagium. In European law, money given for jour- neying through the country, either on foot or horse. Pedaneus. At the foot : an humble position. Pedis abscissio. " Cutting off the foot." A punish- ment inflicted formerly on criminals in England, instead of death. Yide L. L. Will. Conor. Pedis possessio. A foothold : a trespasser : what is termed " a squatter." Pee. Foot. Peine forte et dure. " A violent and severe punish- ment." Formerly, where a culprit refused to plead to the indictment, he was placed under heavy weights, and fed with bread and water till he died. This was called "Peine forte et dure." It is reported, that to prevent his estates from being sequestered, a father once bore this dreadful punishment, rather than that his children should be in- volved in poverty. Peisible. Peaceable. Peison. Mast : nuts and other parts of trees. Pelletum. A bullet. Pendente bello. While the war is raging. Pendente brevi. Pending the writ (or bill). Pendente lite. "Whilst the contest (or suit) is de- pending. Pendente placito. Whilst the action (or plea) is depending. Penes auctorem. In the author's possession. Penig. Sax. " A penny." An ancient current sil- ver coin, though now made of copper. The Saxons, it is 880 LAW GLOSSARY. aid, had no other sort of silver coin ; five made one shil- ling, thirty made a mark, which was called " mancus." Pensa. A weight Peonia. A spot of ground fifty feet front and one hundred feet deep. Pee aes et libram. -By money and weight. Vide note to " Sberedes," &c. Per annulum et baculum. By the ring and stafi^ (or crosier.) Per annum : per diem. By the year : by the day. Per antiquum relevium, et secundum consuetudinem antiquam feodorum. By an ancient relief, and according to the ancient custom of fees. Per attornatem suum venit hie in curiam, et fatetur se nolle ulterius prosequi ; ideo consideratum est, quod defen- dens eat inde sine die. He comes into court by his attorney, and confesses that he will not further prosecute ; therefore it is considered that the defendant go thenceforth without day (or be discharged). Per autre vie. For the life of another. Per breve de privato sigillo. By writ of privy seal. Per brevia nostra de cancellaria Scotice. By our writ from the (court) of Chancery of Scotland. Per bucellum deglutiendum abjuravit. He abjured it by the ordeal of swallowing the mouthful. Vide note to '' Teneter se purgare" &c. Per capita. "By the heads or polls:" a division share and share alike. Per catalla ad valentiam £10. By chattels (or cattle) to the value of ten pounds. Perceptura. A wear: a place prepared in a river with dams, &c, in which to take fish. Per clerum et populum. By the clergy and the people. Per copiam rotulorum et secundum consuetudinem LAW GLOSSARY. 381 manerii. By copy of court roll, and according to the custom of the manor. Pee corpus talis hominis. By the body of such a man. Per corruptam accomodationem. By a corrupt agreement. Per curiam non allocatur. It is not mentioned by the court. Per cursum Scaccarii. By the course of the Ex- chequer. Percutere. To strike. Per defaltam. By default. Perdere potest quis propter defaltam, lucrari vero ne- mo potest omnino absens. Whoever might lose because of the default, yet no one can gain any thing who is ab- sent. Perduellio. Hostility against the state or king. Per duellum. By single combat. Vide note, and also note to " Est autem magna," &c. Per dures. By imprisonment. Peregrini. Strangers : foreigners. Vide note. Peregrestos et extraneos Anglice. In English, (as to) strangers and foreigners. Per emendationem. By an amendment. Per fas et nefas. " By wright and wrong." Endeav- oring to perform an act by lawful or unlawful means. Per formam doni. By the manner of the gift (or grant). Per fraudem et negligentiam. By fraud and negli- gence. Per guardianum. By guardian. Periculosus. Perilous. Periit per cultellum. He destroyed himself with a knife. Per il suo contrario. By its reverse, or opposite. Per industriam, propter impotentiam, vel, propter privi- 382 LAW GLOSSARY. legium. By industry, because of incapacity, or on ac- count of privilege. Per infortunium. By misfortune, or ill chance. Per inquisitionem. By an inquisition. Per judicium coronotorum. By the judgment of the coroners. Per judicium recordatoris. By the judgment of the recorder. Per juramentum legalium hominum. By the oath of good (or lawful) men. Per juratum patriae. By a jury of the country. Per juratum vicini. By a jury of the neighborhood. Perjurii poena divina exitium ; humana dedecus. " The crime of perjury is punished by heaven with perdi- tion ; by man, with disgrace." Part of the Twelve Tables. Per laudamentum, sive judicium parium suorum. By an acquittal, or condemnation of his equals. Per legale judicium. By a legal judgment. Per legem apparentem. By a known law. Per magnum servitium. (Tenancy) by grand ser jeantry. Per manifestam legem. By clear (or manifest) law. Vide note to " Nullus balivus." Per meditatatem linguae. " By a moiety of speech :" alluding to the trial of an alien, by a jury of natives and foreigners. Yide note to '' Medietas linguae? Per metas et bundas. By metes and bounds. Per minas. By threats. Per multos annos retroactos. For many years past. Per my et per tout. In part and entirely. Pernancy. Taking : as taking the rents of an estate. Per nomen generalissimum. By the most general name. Per omnia terras et catalla. By all the lands and goods. Per ostia aperta. Through open doors. Per pais. By the country. LAW GLOSSARY. 383 Per pares curtis. By the peers (or equals) of the court. Perpetui usus causa. On account of the continual occupancy. Per proprium visum et auditum, vel per verba patrum suorum ; et per talia quibus fidem teneantur habere ut pro- pria. On a proper view and hearing, or by the testi- mony of their fathers ; and by such other means whereby truth can be obtained, they are decreed to enjoy this prop- erty as their own. Vide note. Per quaa servitia ignorant. By what services they know not. Per querulam. By complaint. Perquirere. To gain by an act of one's own. Perquisitio. A purchase : self-acquirement. Per quod actio accrevit. Whereby an action hath accrued. Per quod consortium amisit. Whereby he lost her society. Per quod consortium, vel servitium amisit. Where- by he lost her society or service. Per quod fuit impeditus in viagio. Whereby he was hindered in his voyage. Per quod proficium communiae suae habere non potuit. By which he could not have the benefit of his com- mon. Per rationabilem partem. By a reasonable share. Per rationabile pretium et extentum. By a reason- able price and extent. Per rationabile pretium et extentum habendum. To take at a reasonable price and extent. Per responsalem loco suo ad lucrandum vel perdendum ; verum opportet eum praesentem in curia qui responsalem ita in loco suo ponit. Et nota differentiam inter responsa- lem et attornatum. By a person responsibly (appointed) in his stead to gain or lose ; but it is necessary that this 384: LAW GLOSSAET. person be in court who thus deputes the person appointed. And mark the difference between an appointee and an at- torney. Pee sacramentum legale. By a lawful oath. Pee saltum. " By a leap." Passing over intermediate objects. Pee scelera semper sceleribus certum est iter. The sure road to crime is always through iniquity. Pee sectam sufficientem. By a suitable action. Peesequi. To pursue. Pee servitium militare. By knight's service. Pee se, vel deputation suum. By himself or his deputy. Pee solam occupationem dominium praedse hostibus ac- quiri. By possession alone the property of the spoils are acquired by the enemy. Peeson^! conjunctio aequiparatur interesse proprio. ■ The joinder of persons is equalled (by regard) to their per- sonal interests. Peesona ecclesise. A parson or rector of a church. Pebsona impersonata. A parson impropriate. Peesona mixta. " A secular monk." Probably, also, meaning a person not in holy orders, possessing a Lay im- propriation. Pebsona proposita. The person intended. Pebsona standi in judicio. Capacity to sue. Peesone. A parson. Pee stirpes. By stock : by lineage. Peb talem personam alicui personse vel aliquibus per- sonis quibuscunque, sic ut prefertur venditi, vel in burgo prsedicto veniendi induct', &c. By the same person to any other person or persons whomsoever, so that it be of- fered for sale or brought into the said borough, &c. Peespictta vera non sunt probanda. "Plain truths do not require to be proved." Pee terminum 12 annorum, si tarn diu vixerit ; et si LAW GLOSSARY. 885 obierit infra predictum terminum, tunc, &c. For the term of twelve years, if he should so long live ; and if he die within the said term, then, &c. Per testamentum. " By will." One of the ancient modes of freeing a slave. Vide note. Per testatorem nominati. Those appointed by the testator. Per testatos nominatos in obligatione. By the wit- nesses named in the bond. Per testem idoneum : per duellum : vel per chartam. By a sufficient witness : by single combat : or by the deed. Vide note to " Est autem magna," &c. Per testes, et per patriam. By witnesses, and by the country. Pertica. A perch. Per titulum doni, vel alterius donationis. By right of the gift, or of some other donation. Per totum curiam. By the whole court. Per totum regnum et potestatem nostram in terra, et potestate nostra. By the whole kingdom and our power therein, and by our authority. Per totum tempus praedictum. Through the whole of the said time. Per totum trienium. For three whole years. PER tout, et non per my. By the whole, and not by a part. Per transgressum districtionis. By a removal of the distress. Per universitatem. In general. Per usucaptionem. By possession: by taking the profits. Per vadium. By gage. Per verba de future By words of future accepta- tion. Per verba de praesenti. By words of the present time. 25 386 LAW GLOSSARY. Per viam ellemosynas. By -way of charity, or alms. Per vindictam. — —One of the ancient modes of freeing a slave. Vide note. Per vinum delapsis capitalis poena remittitur. The capital punishment is remitted to those overcome by wine. Pervise. The porch of a church. Per visum Ecclesise. Under the inspection of the Church. Per visum juratorum. By a view of the jury. Per vitium scriptoris. Through the fault of the writer (or transcriber). Perte. Part. Pescher. To fish. Pestour. A baker. Petere. To pray : in civil law, a word made use of in proceedings to recover anything. Petit cape. " Small cape." A writ against a person in possession of lands, to answer for a default. Petit serjeanty.— — A right to hold lands, upon the condition of rendering annually to the king some imple- ment of war, however small : as a flag, a sword, a lance. The Dukes of Wellington and Marlborough held their estates by this tenure, each sending annually to Windsor Castle a small flag, to be there deposited. Petitio consilii. Application for leave to imparle. Petition de droit. A petition of right. Petitio principii. A begging the question. Petit judicium. He prays judgment. Peto. 1 demand. Petunt judicium, si curia ulterius vult. They pray judgment, if the court will proceed further. Piccage. To pick. Pie poudre. The pie powder court. This is a court held at some of the great fairs, in England, where justice is administered instantly, even whilst the dust is fresh upon the feet of the suitors. Vide note. Pightel. A small enclosure of land. LAW GLOSSARY. 387 Pignori acceptum. A bailment by way of pledge. Pignoris appellatione earn proprie rem contineri dici- mus quae simul etiam traditur creditori. At earn, quae sine traditione nuda conventione tenetur, proprie hypothecce appellatione contineri dicimus. We correctly call by the term of pledge, such property as is at the same time delivered to the creditor. But we properly designate by the term mortgage, that property which is held by bare covenant, without a delivery. Pignus.' A pledge : a security. Pilleeie, or pilleurie. Plunder : extortion. Pilleur. A plunderer. Pilori. A pillory. Pinnas bibere. To drink to the pin (or mark). Vide note. Pirati in alto mare, more bellico, dictas naves aggressi sunt, et per vim et violentiam ceperunt. Pirates on the high sea, in a hostile manner, attacked the said ships, and by force and violence captured them. Pix A means of trying the purity of coin. Placita. Pleas. Placitatok. A pleader : a counsel. Vide note. Placito debiti. In a plea of debt. Plaga. A wound. Plagiarit. Stealers of men and children ; or those who enticed them away. Plagium. Man-stealing ; or enticing away men and children. Plaid. Anciently, a convention of the chief men of a kingdom. Platea. An open plot of land. Plebiscita. Laws, decrees, or orders, made by the joint consent of the Roman people. Plegii ad prosequendum. Pledges to prosecute. Plegios de retorno habendo. Pledges to obtain a return. 388 LAW GLOSSARY. Pleideoir. One who pleads. Plena curia illud recordari facias. That you cause it to be recorded iu full 'court. Plena fides. Full credit. Plena probatio. " Pull proof : sufficient evidence " — in opposition to " semi-probatio." Plena seizina. Full possession. Plenaria seizina.- Full possession, or seisin. Plene administravit. He (or she) has fully adminis- tered. Plene administravit, prseter, &c. He has fully ad- ministered, except, &c. Plene administravit, prseter de bonis propriis. He fully administered, except as to his own goods. Plenum dominium. A fee simple : a full ownership. Plenum dominium in omnibus terris. A complete seignorship in all the lands. Pleyn. Full. Pleynte. A plaint. Pluries. " Very often." Also the name of a third writ, after two have issued against a defendant. Plurime ad rem loquitur. He speaks very much to the purpose. Pluris est oculatus testis unus quam auriti decern. One eye-witness is of more weight, than ten who give hearsay evidence. Pluries quod averia elongata sunt. As often as the cattle are eloigned. Plus possessionis et multum juris. More of possess- ion, and much of right. Plus valet unus oculatus testis quam auriti decern. " One eye-witness is worth more than ten who speak from nearsay." Plusors. Many. Poer. Authority. P That he recover his term. Quod redeat inde quietus in perpetuum ; et quserens 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 personse. 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 B. S. dedit J. R. et M. uxori ejus, et hseredibus de corpore ipsius M. procederent, &c. "Which E. S. gave to J. H., and M. his wife, and the heirs of the body of the same M. Quod sibi erit fidelis, ad ultimum diem vitse, 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 life, 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 illo 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 proces3um fuit, &c. That there was such 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 terrae et tenementa de tenura de Gavelkind de tem- pore, &c, inter hasredes 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 will 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 ulla satisfactione. "What I have 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 utantur. 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 law. 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 Bang a debt, by which fiction he is con- sidered capable of suing in the court of Exchequer. Vide " iScaccarium." LAW GLOSSARY. 443 Quo minus sufficiens existit. Whereby lie is the less able. Quoniam attachiamenta. The title of an old Scotch law book. Quorum unum esse volumus. " One of whom we de- sire to be present." A person is said to be of the " Quo- rum" when the writ or Dedimus contains the following, or similar words ; " Quorum aliquem vestrum A. B. 0. D. &c, unum esse volumus." Quot generationes numerantur, tot enumerantur gradus 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. Quoto gradu unusquisque eorum distat a stirpite, eodem distat inter se. In the same degree that each person is distant from the stock, so far is each removed among themselves. Quotuplex. Of how many kinds ? Quo usque debitum satisfactum fuerit. Until the debt be satisfied. Quo warranto. " By what authority ?" The name of a writ against a person who has usurped a franchise, or an office. Quum bellum civitas aut illatum, defendit aut infert, magistrate qui ei bello prsesint deliguntur. When a 444 LAW GLOSSARY. state defends or goes to war, the magistrates who preside over it are chosen to command. Quum duae^ inter se repugnantia reperiantur in testa- mento, ultima ratas est. When there are two repugnant (clauses) in a will, the last (clause) is established. [Sed. qu.] Quyke. Quick: living. NOTES TO Q. Qttadrtjplatob. — The rewards, proposed by the Soman laws to the in- former, were sometimes a fourth part of the criminal's goods ; and some- times only an eighth part, as Spwriheim assures us from Suetonius and Tacitus. Quando 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 turf, whilst he remains on the premises sold ; and this mode of conveyancing has its peculiar benefit; for, in some 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 Ruth, c. vi. 1. Qd\are domum, &e. — 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 covetousness 1 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 a private and personal 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. Turon. Hist. lib. vii. c. 2. lit. viii. c. 18. lib. x. c. 21 ; and likewise in the codes of their laws. It was not only allowable for the relations to avenge the injuries of their families, but it was incumbent on them so to do. Thus, by the laws of the Angli and Wereni, " Ad quemmnque hcereditas LAW GLOSSARY, 445 terrce pervenerit, ad iUum vestis bellica, id est, lorica et uliio proximi, et solatio tasi, debet pertinere." Tide 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 nearest 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 equality of rank in both the con- tending parties. Tide Beaumanoir Coustumes 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 Vidames, 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. Tide Brussel Usages Des Fiefs, torn. i. p. 144, and Du, Oange, Voc " Advocatius." 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, ccede, possessiones Ecclesiarum prelati defendebant." Tide Guido Abbas, ap. Du Cange, ib. p. 119. — t 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. Tide Beauman. u. lix. Du Cange Dissert, xxix. sur JoinviUe, 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 hostilities, and were terminated by the sword. Tide Du Oange 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, without taking side with one or the other of the contending parties. Tide Beauman. p. 300. All the kindred of the two principals in the war were included in it, and were obliged to espouse the quarrel of the chieftain with whom they were connected. Tide Du Cange Dissert. 332. This was founded on the maxim of the ancient Germans, " suscipere tarn inimicitas, seupatris seupro- pinqui quam amicitias 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 political 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 incapablo of succeeding to any of his relations, or of deriving any benefit from any civil right of property belonging to them. Tide Du Cange Dissert. 333. Th9 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 ; 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 fourth degree of affinity, the same restriction took place in the conduct of private war. Tide 446 LAW GLOSSARY. Beauman. 303. Du Oange Dissert. 333 A private war could not be carried on between two full brothers, because both have the same common kindred, and consequently neither had any persons bound 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. Tide Beawnan. 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. Tide Beawman. 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 Europe to that wretched 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, when armed with force, and authorized 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 be more desolating to a country, or more fatal to its inhabitants, than those intestine wars. Tide Ordom. torn. i. p. VOL torn. ii. 395. 408. 507, &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 maximus ad invicem hosUMtatibus, totius Francorum regni facta lurbatio ; crebra ubique latrocinia, viarum obsessio audiebantur passim, imofiebant incendia infinita nuttis prater sola et indomita cupiditate existentibus causis extruebantur prcelia ; et ut brevi totam claudem, quicquid obtulibus cupidorum subjiciebant, nusquam attendiebanl cujus esset, prasdce patebant." Tide GestaDeiper Francos, vol. i. p. 482. i. a. " 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 cared whose property they preyed upon, if it were only accessible to their cupidity." Quicqutd per servtm, &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 m ejusmodi, &c. — The seal is either taken for the wax impressed with a device, and attached to deeds, &c, or for the instrument with which the seal is impressed. In law, the 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 Westminster Abbey. Tet, we read of a seal 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. Tide Monast. HI. foL 1. et Ordoricus Vitalis. lib. 4. That most of the charters of the English Saxon Kings were thus signed, appears by Jngulphus, and in the Monasticon. But it was not so much used after the Conquest. Tide GowelX. 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," (wang— 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,) "Fro ignoraniia literarum apposui sigillum mewm" — i. e. "on ac- count of my ignorance of letters, I have placed my seal" Tide Daniel, vi. 17, as to the antiquity of signets. Quod clerici, &c. — The student will find the following Chronological List of Contemporary Reporters in the English Courts, to he correct, down to the reign of William IT. Henry III. commencing 1216. Jenkins, 4, 19, 21. Edward I. — 1272. Jenkins, ex. 18, 34 Keilwey, KB. & cp. 6 Tear Book (Maynard) part 1, KB. CP. & ex. 1 to 29 Edward II. — 1307. Jenkins, ex. 5, 15, 18 Benloe, kb. op. 32 Jenkins, ex. 1 to 47 Keilwey, kb. cp. 1 to 47 Tear Book (Maynard) part 1, KB. OP. ex. 1 to 19 Edward HI.— 1326. Tear Book, part 3, KB. & cp. 17, 18, 21, to 30, 38, 39 Tear Book, part 4, kb. Sc cp. 40 to 50 Tear Book, part 2, KB. cp. 1 to 10 Tear Book, part 5, Liber Assisarum, 1 to 50 Richard II. — 1377. Bellewe, kb. & cp. 1 to 22 Jenkins, ex. 1 to 22 Henry IT.— 1399. Tear Book, part 6, KB. & ob. 1 to 14 Henry T.— 1413. Tear Book, part 6, KB. & cp. 1, 2, 5, 7 to 9 Jenkins, ex. 1 to 14 Jenkins, ex. 1 to 10 Henry TI.— 1422. Benloe, KB. cp. 2, 18 Jenkins, ex. 1 to 39 Tear Book, part 7, KB. cp. 1 to 4, 7 to 12, 14, 18 to 20— part 8—21, 22, 27, 28, 30 to 39 Edward IT.— 1461. Jenkins, ex. 1 to 22 Tear Book, part 10, KB. cp. & ex. 5 Tear Book, part 9, KB. op. 1 to 22 Edward V.— 1483. Jenkins, ex. Tear Book, part 11, KB. & cp. Richard IIL — 1483. Jenkins, ex. 1 to 2 Tear Book, part 11, KB. cp. 1 to 2 Henry TIL— 1485. Benloe, KB. OP. 1 Moore, KB. cp. 1 to 37 Jenkins, ex. 1 to 24 Tear Book, part 11, KB. OP. 1 to 16, Keilwey, KB. OP. 12, 13, 17 to 24 20, 21 448 LAW GLOSSAKT. Henet Till.— 1509. Anderson, op. 25, &c. Dyer, KB. cp. ex. ch. 4, &c Benloe, op. 1 to 38 Jenkins, ex. 1 to 38 N. Bendloe, KB. op. 22, &c. 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 Oases, KB. cp. ex 14, 18, 19, 26, 27 Dalison, cp. 38 Edward VI.— 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. op. ex Moore, kb. cp. ex ch. 1 to 6 N". Bendloe, kb. cp. ex 1 to 6 Plowden, KB. op. ex 4 to 6 Mary— 1553. Anderson, cp. 1 to 6 Dalison in Keilwey and Ashe, cp. 1, Benloe and Dalison, cp. 1 to 5 4, 5 Benloe in Keilwey and Ashe, kb. cp. Jenkins, ex. 1 to 5 ex. 1 to 5 Leonard, KB. CP. 1 to 5 1ST. Bendloe, kb. cp. ex 1 to 5 Moore, kb. op. ex ch. 1 to 5 Brooke's new Oases, kb. cp. ex 1 to 6 Owen, kb. cp. 4 to 5 Cary, ch. 5 Plowden, KB. cp. ex 1 to 5 Dyer, kb. cp. ex ch. 1 to 5 Elizabeth — 1558. Anderson, cp. 1 to 45 Godbolt, KB. cp. ex. ch. IT to 45 Benloe in Keilwey and Ashe, KB. cp. Gouldesborough, KB. ch. ex ch. 28 ex. 2 to 20 to 31, 39 to 43 Benloe, kb. cp. ex. 1 to 21 Hohart, KB. a few Gases Bendloe, KB. cp. ex 1 to 17 Hutton, cp. 26 to 38 Brownlow and Gouldesborough, cp. Jenkins, ex. 1 to 45 11 to 45 Leonard, KB. cp. ex. 1 to 45 Cary, ch. 1 to 45 Moore, kb. cp. ex. 1 to 45 Coke, kb. op. ex ch. 14 to 45 Noy, kb. cp. 1 to 45 Croke, KB. cp. 24 to 45 Owen, KB. cp. 1 to 45 Dalison, cp. 1 to 16 Plowden, kb. cp. ex. 1 to 21 Dalison in Keilwey and Ashe, cp. 2 Popham, kb. cp. ch. 34 to 39 to 7 Saville, cp. ex. 22 to 36 Diekins, ch. a few Gases Tothill, ch. 1 to 45 Dyer, KB. cp. 1 to 23 Telverton, KB. 44, 45 James I. — 1603 Anderson, cp. 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, cp. 1 Ley, KB. cp. ex. 6 to 23 to 23 Moore, KB. cp. ex ch. 1 to 18 Bulstrode, KB. 7 to 15 Nby, KB. & cp. 1 to 23 Cary, ch. 1 Owen, kb. cp. 1 to 12 Coke, kb. cp. ex ch. 1 to 13 Palmer, KB. 17 to 23 Croke, KB. cp. 1 to 23 Popham, kb. cp. ch. 15 to 23 Davis, kb. cp. ex. 2 to 9 Reports in Chancery, 13 Godbolt, KB. cp. ex ch. 1 to 23 Rolle, KB. 12 to 22 Hobart, KB. CP. EX ch. 1 to 23 Tothill, OH. 1 to 23 Hutton, OP. 10 to 23 Winch, cp. 19 to 23 Jenkins, ex. 1 to 21 Telverton, KB. 1 to 10 LAW GLOSSARY. 449 Chakles I. — 1625. Ley, KB. cp. ex. 1 to 4 Littleton, op. ex. 2 to 7 March, kb. op. 15 to 18 Nelson, oh. 1 to 24 Noy, KB. cp. 1 to 24 Palmer, KB. op. 1 to 4 Popham, KB. op. oh. 1 to 2 Reports in Chancery, 1 to 24 Style, KB. 21 to 24 Tothill, ch. 1 to 21 Alleyn, kjb. 22 to 24 Bendloe, kb. op. 1 to 14 Bulstrode, KB. 1 to 14 Clayton, PI. Ass. York, 7 to 24 Croke, KB. cp. 1 to 16 Godbolt, KB. cp. ex. ch. 1 to 13 Hetley, op. 3 to 7 Hutton, op. 1 to 14 Win. Jones, KB. op. 1 to 16 Latch, KB. 1 to 3 Chables II. — 1660, Carter, op. 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 Diekins, ch. a few Gases Finch, CH. 25 to 32 Freeman, kb. cp. ex. ch. 22 to 37 Hardres, ex. 7 to 21 Thos. Jones, KB. cp. 19 to 37 Keble, KB. 13 to 30 Kelynge, KB. 14 to 20 Levinz, kb. op. 12 to 37 Lutwyche, cp. 34 to 37 Modern, vol. 1, 2. 1 to 29 Modern, voL 3, KB. cp. ex. oh. 34 to 37 Nelson, ch. 1 to 37 Parker, ex. 30 Pollexfen, kb. op. 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. cp. ex. 9 to 22 Skinner, KB. 33 to 37 Style, kb. 1 to 7 KB. cp. EX. OH. Yaughan, CP. 17 to 25 Yentris, KB. cp. ex. ch. 20 to 37 Modern, vol. 2, KB. cp. ex. ch. 26 Yernon, oh. 32 to 37 to 30 James II. — 1685. 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. cp. ex. ch. 1 to 4 Levinz, KB. cp. 1 to 2 Lutwyche, op. 1 to 4 Modem, vol. 3, kb. cp. ex. oh. 1 to 4 Parker, ex. 3 to 4 Reports in Chancery, 1 to 3 Shower, kb. I to 4 Skinner, KB. 1 to 4 Yentris, KB. cp. ex. ch. 1 to 4. Yernon, ch. 1 to 4 Carthew, KB. lto 12 Cases concerning Settlements, KB. to 14 CoUes, Pari. Ca. 9 to 14 Comberbach, kb. 1 to 10 Comvns, KB. cp. ex. ch. 7 to 14 Fortescue, KB. cp. ex oh. 7 to 14 Freeman, KB. cp. ex ch. 1 to 14 Kelynge, Cr. Ca. kb. 8 to 13 Levinz, KB. cp. 1 to 8 Lutwyche, op. 1 to 14 Modern, vol. 3, kb. cp. ex ch. 1 to 2 Modern, vol. 4, KB. cp. ex. oh. 3 to 7 Modern, voL 5, kb. cp. ex. ch. 5 toll Anne. Brown, Pari. Cases, 1 to 13 "William III.— 1689. Modern, vol. 12, KB. cp. ex. ch. 2 to 14 Parker, ex 4 to 13 Precedents in Chancery, 1 to 4 Lord Raymond, KB. & op. 4 to 14 Reports in Chancery, vol. 2 — 5 Reports temp. Holt, KB. cp. ex. oh. 1 to 14 Salkeld, KB. op. ex ch. 1 to 14 Select Cases in Chancery, 5, 9 Shower, kb. 1 to 6 Skinner, kb. 1 to 9 Yentris, KB. op. ex ch. 1 to 2 Yernon, ch. 1 to 14 Peere Williams, ch. & kb. 7 to 14 1702. Modern, vol 7, kb. oh. ex oh. 1 29 450 LAW GLOSSARY. Bunbury, ex 12 to 13 Cases concerning Settlements, KB. 1 to 13 Cases of Practice, cp. 5 to 13 Colles, Pari. Ca. 1 to 8 Comyns, KB. CP. ex. oh. 1 to 13 Diekins, ca.afew Gases Portesque, KB. OP. EX. OH. 1 to 13 Preeman, kb. cp. ex. ch. 1 to 5 Gilbert, Cases in Law and Equity, 12 to 13 Gilbert, kb. ch. & EX. 4 to 13 Kelyng, Sir J. kb. Lutwyche, CP. 1 to 2 Modern, vol. 6, kb. op. ex ch. 2 to 3 George Barnardiston, KB. 11 to 12 Brown, Cases in Pari. 1 to 13 Bunbury, ex. 1 to 13 Cases concerning Settlements, KB. 1 to 13 Cases of Practice, cp. 1 to 13 Comyns, kb. op. ex. oh. 1 to 13 Diekins, ch. 1 to 13 Portescue, kb. cp. ex. ch. 1J;o 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 George Ambler, ch. ex. 11 to 34 Andrews, kb. 11 to 12 Atkyns, CH. 9 to 27 Barnardiston, kb. 1 to 7 Barnardiston, Chancery, 13 to 14 Barnes, cp. 5 to 34 Belt's Supp. Tesey, ch. 20 to 28 ¥m. 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, cp. 1 to 20 Cases temp. Talbot, ch. kb. cp. 7, 10 Comyns, CH. EX. 1 to 13 Cunningham, KB. 7, 8 Diekins, ch. 1 to 34 Pitzgibbon, kb. cp. ch. ex. 1 to 5. Portescue, all the Courts, 1 to 10 Modern, vol. 10, KB. cp. ex. oh. 8 to 13 Modern, vol. 11, KB. OP. ex. oh. 4 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. cp. ex. ch. 1 to 10 Sessions Cases, KB. 9 to 13 Vernon, ch. 1 to 13 I— 1714. Mosely, CH. 12 to 13 Parker, ex. 4 Practical Regis, cp. 1 to 13 Precedents in Chancery, 1 to 8 Lord Raymond, KB. & OP. 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. cp. CH. EX. 2 to 13 Vernon, ch. 1 to 5 Peere Williams, ch. & kb. 1 to 13 II.— 1727. Foster, Cr. Ca. 1 6 to 34 Kelynge, KB. 4 to 8 Kenyon, 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. Hardwicke, 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. cp. ex. ch. 1 to 21 Vesey (sen.) ch. 20 to 28 Willes, cp. ex. ch. h. of l. 11 to 32 Wilson, KB. 16 to 26 Wilson, cp. 26 to 34 George ILL— 1760. Acton, Prize Causes, 49 to 50 Ambler, ch. ex. 1 to 24 Anstruther, ex 32 to 37 Barnewall & Alderson, kb. 58 Blackstone, (Sir Wm.) KB. cp. 1 to 20 Blackstone, (H.) cp. ex 28 to 36 LAW GLOSSARY. 451 Bligh, Pari. Cases, 59 & 60 Holt, np. cp. 55 to 58 Bosanquet k Puller, op. ex. 37 to 44 Jacob k Walker, oh. 59 & 60 Bosanquet and Puller, New Rep. cp. Kenyon, KB. 44 to 47 Bott. Sett. Ca. 1 to 60 Broderip & Bingham, cp. 59 k 60 Brown, Pari. Cases, 1 to 40 Brown, Chancery, 18 to 34 Buck, Bankruptcy, 51 to 60 Burrow, kb. 1 to 12 Burrow, Settl. Cases, 1 to 16 Caldecott, Settl. Cases, 1 7 to 26 Campbell, np. 48 to 56 Cases of Prac. kb. 1 to 14 Chitty, kb. 47 to 60 Cooper, Chancery, 55 Corbet k 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 Prazer, Elect. 32 Leach, Crown Law, 1 to 55 Lofft, kb. cp. en. 12 to 14 Luder, Elect. Ca. 25, 30 Maddock, Chanc. 55 to 60 Marriott, Ad. 16 to 19 Marshall, OP. 54 to 56 Maule k Selwyn, kb. 54 to 6T Merivale, Chancery, 56, 57 Moore, cp. 57 to 60 Nolan, Settl. Ca. 32 to 34 Nortbington, ch. 1 to 5 Parker, ex. 1 to 6 Peake, np. 30 to 35 Peckwell, Elect. Ca. 45, 46 Philimore, Eccl. Courts, 49 to 60 Price, EX. 54 to 60 Robinson, Admiralty, 39 to 48 Rose, Bankruptcy, 50 to 5d Russel k Ryan, Cr. Ca. 39, Ac. Schoales and Lefroy, Ohancery, 42 to 46 Smith, KB. 44 to 46 Starkie, NP. 55 to 60 Swanston, oa 58 to 60 Taunton, or. 48 to 58 Tesey, Chancery, 29 to 52. Vesey £ Beames, Chancery, 52 to 54 Wight wieke, ex. 50 to 51 Wtfson, KB. op. 1 to 14 Wilson, EX. 57 Wilson, EX. k CH. 68 to 60 Gow, np. cp. 59 k 60 Haggard, Consistory Court, 29 to 60 Hall k Beattie, oh. 47 to 51 George IV.— 1820. Addams, EccL 2 to 6 ^PPPS * Ryland, KB. 7 to 9 Barnewall k Alderson, kb. 1 to 3 Barnewall & Creswell, KB. s to 10 Barnewall & Adolphus, tB. 10 & 11 Bingham, cp. 3 to 11 Bligh, H.ofL. 1 to Bott, Sett. Ca. 1 to 7 Broderip k Bingham, CP. 1 to 3 CarrimjCon & Payne, NP. 4 to 11 Chitty, KB. 1 to 3 Creswell, Insol. 7 to 9 Crompton k Jervis, ex. 11 Daniel, ex. 1 Danson & Lloyd, Merc. Ca. 8, 9 Dow & Clarke, H. of L. 7 to 11 Dowling k Ryland, KB. 2 to 8 Glynn k Jameson, Bankr. Haggard, Eccles. 7 to 10 Jacob & Walker, ch. 1, 2 Jacob, OH. 2, 3 M'Cleland, ex. 4, 5 M'Cleland k Tounge, ex. 5, 6 Montagu k Macarthur, Bankr. 10, 11 Moody k Malkin, np. 7 Moore & Payne, cp. 7 Phillimore, EccL 1, 2 Price, ex 1 Russell k Ryan, Crown Ca. 1 to 3 Russell, Chancery, 6 to Russell k Mylne, 9 to Ryan k Moody, np. 4 to 7 Ryan & Moody, Cr. Ca. 4 to 10 Shaw, H.ofL. Simons & Stuart, Vice Ch. 2 to 7 Simons, Vice Ch. 7 to 11 Starkie, np. 1 to Turner, CH. 3 to Wilson, ch. 1 Wilson & Shaw, H. of L. Lloyd & Welsby, Merc. Cases, 10 & 11 Voung k Jervis, ex 7 to Maddock, Vice Ch. 1 to 2 Tounge, ex. eq. 11 452 LAW GLOSSARY. "William IY.— 1830. Bligh, H. of L. 1 to Clark k Finnelley, H. of L. 3 to Moody k Malkin, kp. 1 to Moore k Payne, cp. 1 to Russell k Mylne, ch. 1 to Simons, Vice Chan. 1 to Tamlyn, Rolls, 1 to Tyrwhitt, ex. 1 to Wilson k Sba-w, H. of L. 1 to Younge, eq. ex. 1 to Barnewall k Adolphus, KB. 1 to Bingham, cp, 1 to Carrington & Payne, np. 1 to Crompton & Jervis, ex. 1 to Beacon k Chittv, Bankr. 2 to Bow k Clarke, H. of L. 1 to 3 Bowling, Pract. 1 to Haggard, Bcol. 1 to Knapp, Appeal Cases, 1 to Manning k Ryland, KB. 1 to Montagu & Bligh, Bankr. 1 to Quod btabeant, &c. — 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 : that tenure among a warlike nation, was not honorable, but easy. The King, or General, 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 Civil 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 solSier, and "Liber Jurmo," were, in those days, almost synonymous. Tide L\ Cange Gloss, voc. "Miles." An indolent and unwarlike 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 fee faculties of the soul are not ex- erted, they lose their vigor, and low ana. circumscribed notions take the place of noble and enlarged ideas. Action, >m 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. Tkese 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, wMeh are the in- separable companions of affluence and security. The beloved Washington might have lived and died, " unwept, unhonored, and unsung," had not the critical situation of this country brought his extraordinary abilities and virtues into action. Borne, it is certain, had more real great men within it, when its power was confined within the narrow bounds of Lativ/m, than when its dominion extended over nearly all the then known world : and one petty state of the tfaxon 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 pursuits, 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 (as well the virtuous as the base) often lie concealed behind forms aud artificial 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 ordinarii, &c. — 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. Quod vidua remanet, &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. Canuti. u. 71, et 1st. Inst. 8 a. in nolis 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 Quottes 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 Gats. lib. 6, c. 21. They neglected agriculture, and lived chiefly on milk, cheese, and flesh. Ibid. c. 22. Tacitus agrees with Caesar in most of these points. Tide Tac. de mor. Ger. c. 14, 15, 23. The Goths were equally negligent of agriculture. Tide Prise. Shet. ap. Byz. Script, v. 1, p. 31. Society was in the same state among the Buns, 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 Gas. lib. 6, c. 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 whole community. Vide Tacit, c. 7, 11. The Runs, 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 Amm. Marcel, lib. 31, c. 474. The student will, no doubt, perceive by these extracts, the probability that the Wittena-G-emote, or great assembly, 454 LAW GLOSSARY. among our Saxon, ancestors, where weighty affairs, and those of general con- cern, were transacted, had its origin from a custom implanted among those fierce barbarians who devastated the Soman 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 obliga- tion to engage in 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 Goes. lib. 6, c. 23. Ta- citus points at the same custom, though in an obscure manner. Tac. c. 11, 4. R. Eabula. A barrator : a pettifogger. Eachatee. To buy back. Badechenistbes. Freemen. EaderE nomen. To erase the name. Ban. In Saxon law. Stealing. Eangee. In forest law. One who has charge of the forest. Baptus mulieris. Eape. Bapuit. He took violently : he ravished. Bapuit, et carnaliter cognovit. He ravished and carnally knew. Vide note. Bationabile maritagium. A suitable marriage. Bationabilis dos. A reasonable dowry. Bationalis divisio.< A reasonable partition. Batione contractus. On account of contract. Batione detentione debitus. By reason of withhold- ing the debt. Batione doni proprii. On account of a proper gift (or grant). Bationem ponere. To arraign. Batione privilegii. By reason of privilege. Batione rei, aut ratione personarum. By reason of the thing, or on account of the parties. Batione soli. On account of the soil. LAW GLOSSARY. 455 Battone tenurae. On account of the tenure. Eatum maritagium, et non legitimum. These -words signify, " A marriage among Christians, without canonical solemnization." Ee. King. Eeoeiptment. 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 relinquit. He withdrew and left his office. Becetour. One who harbored and secreted a felon. Eecognitio de novel disseizina. An acknowledg- ment (or recognition) of a new disseisin. Eecognitio duodecim legalium hominum. The re- cognition (or acknowledgment) of twelve lawful men. Beconciliatio litis non refrigeranda. The agreement of a suit is not to be broken. Beconquis. To obtain again. Beconustre. To recognize. Becordare. To remember (to record). Becordari facias loquelam. That you cause the plaint to be recorded. Becordari 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. Becusatio judicia. The Judge's refusal. Becusatio testis. The refusing of a witness for the reason of his incapacity. Beddendum. To pay: to yield: to render: the reservation of rent, &c, in a deed. 456 LAW GLOSSARY. Eedeundo ab terra sancta, legis actionem suam protulit. -He brought his action, on bis return from the Crusades. Vide note. Eeddidt se. He surrendered himself. Eedditum in invitum. Bendered against his will. Eedispossessio. A repossessing : taking again. Eeditus. A rent : a return. Vide note. Eeditus albae firms. "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 life, years, &c.) : those rents which are variable. Eeditus nigri. " Black rents." Black cattle, as Scotch 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. Eedhibition. The taking back of an article to the one who sold it, on account of some fault discovered in it after the purchase. Bedimere. To pay a ransom. Eeeve. In old English law. An official in court ; sometimes a collector of public dues. Be. fa. lo. — — An abbreviation. " That you cause the complaint to be recorded." A writ so called. Eefebendabt. Saxon. A servant of the crown to whom are referred the many requests made to the King. Beffare. To plunder. Begalia. Crown rights (or royalties). Eegalis potestas in omnibus. The royal authority in all things. Eege inconsulto. Without consulting the King. LAW GLOSSABY. 457 Eeges ex nobilitate; duces ex virtute, sumunt. Kings take title from their dignity ; dukes from deeds of valor. Vide note. Begia prohibitione non obstante. Notwithstanding the Bang's prohibition. Kegidob. Spanish. A member of a town assembly. Eegimini sui ipsius, et bonorum et terrarum suarum minime sufficit. 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 penurias, 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. Eegistbum. A registry : a place for depositing wills, deeds, &c. Eegistbum omnium brevium. The registry of all the writs. Eegni Angliae, quod nobis jure competit hsereditario. Of the kingdom of England, which devolved to us by hereditary right. Eegbateb. In old law. A retailer. Eeif. Scotch. Eei judicatse. Of the matter adjudged. Ee infect! The business not having been accom- plished. Ee integra. " The thing being unfinished." When a matter was under debate in the Senante, the Romans said it was "r§ integrd." Eeisa. Sax. A sudden sally of soldiers. Eei vindicatio. A vindication of the matter. Eejectione celebrata, in eorum locum qui rejecti fu- 458 LAW GLOSSARY. erunt, sortiebatur Prmtor alios, quibus ille judicium legiti- mus numerus compleretur. The rejection being ended, the Prcetor chose others by lot from whom the legal num- ber of the judges was completed (for the trial). Relaxatio. A deed by which one person releases to another his right in anything. Relevium. "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. Relicta per mare. Left by the sea. Eelicta verificatione. The plea being abandoned. Relicta verificatione, cognovit actionem. Having abandoned the plea, he confessed the action. Remallare. To re-summon. Remanet causa. The cause remains (or stands over). Rem in bonis nostris habere intelligimur, quoties ad re- cuperandam earn 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. Remisit curiam. He adjourned the court. Remissum 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. Remitter. To restore (or send back). Vide note. Eemittit damna. He remits the damages. Remittitur. It is remitted : forgiven. Remittitur de damnis. The damages are remitted (or forgiven). Remue. Remote. Reneez. Anciently, an apostate from Christ's faith. Rem tantam agere tarn negligenter. To transact so important an affair so negligently. LAW GLOSSARY. 459 Keoffere.' A robber. Keparatione facienda. A writ for making repairs. Eepetundarum crimen. In Eoman law. Dishonest or extortionate practices in a public officer. Eeplegiare est rem apud alium detentum, cautione le- gitima interposita, 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. Beprehensailles. 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 quaedam 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 angustae domi. -The distress of the family. Ees caduca.— — An escheated thing. Ees controversa. A point in controversy. Ees corporales sunt quae sua natura tangi possunt, veluti fundus: incorporales sunt quae 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 ecclesias temporales.' The temporal affairs of the church. — Ees gestae. The subject matter : things done. Eescourer. To recover. Eescous. A rescue. Eesoyt. Eeceipt. 460 LAW GLOSSARY. Beseaunt. Eesiding. Eeseiser : reseisire. " The taking lands back." Gen- erally applied to the taking lands into the King's hands, where a general livery, or ouster h maine, was formerly mis used, contrary to the order of the law. v. Eeseisin. Eestoration to possession. I^Besiduum. "The remainder." Frequently applied to that part of the testator's estate not specially dis- posed of. Eesilire. To break off from a bargain before it was made binding. Ees immobiles. 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. Vide note. Ees-mobiles. Such articles as are capable of a change of place. Ees nova. A new matter : a new case. Bespi. 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. Bespcxsdentia. Bottomry. Eespondere non debet. He ought not to answer. Eespokdra a touts; mes nul respondra a luy. He shall answer to every one ; but none shall answer to him. Eesponsalis ad lucrandum, non perdendum. An- swerable f6r profit, not for loss. Eeponsa prudentum. The opinions of learned men. LAW GLOSSARY. 461 Eesponsio unius non omnino andiatur. 'The answer of one witness snail not be heard at all. Eespublica est 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. Ees quotidianse. Every-day questions : familiar mat- ters. Ees ratione regenda. The matter is to be governed by reason. Ees religiosse. Eeligious matters. Ees sacrse. Articles dedicated to the service of God, as sacred buildings, etc. Ees unius setatis. "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. Eetare. To accuse with crime. Eetorna brevium. The return of writs. Eetorn' habend'. That a return be had. Betorna habenda elongata. Having a return of what has been eloigned. Eetractus aquae. The ebb or return of the tide. Eetrahere. To withdraw. Eetraxit. " He has recalled, or revoked." Vide note. Eetrofeodum. A rere fief. Eette. A charge. Eeus.' "A guilty person." Sometimes meaning a defendant. EeVe or Greve. A collector of public taxes. Eeveland. Sax. Land over which the sheriff has authority. Eevenons a" 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 moutons." Eeversetue. Let it be reversed. Eeverso 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 returning (home). Eex allegavit quod ipse omnes libertates haberet in 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 Eegem. 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, God only excepted. Eex non potest peccare. (An ancient maxim.) " The king can do no wrong." Eex nunquam moritur. " The king never dies." Eex, &c. salutem. Scribatis Bpiscopo Karl, quod Ro- berto de Icard pensionem suam, quam ad preces Eegis prse- dicto Roberto concessit, de castero solvat ; et de proxima ec- clesise vacutura de collatione praadicti episcopi, quam ipse Robertus 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- LAW GLOSSARY. 463 pointed to the next church vacant in fhe collation of the said Bishop, which the said Robert shall accept. Rex 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 and by whom it should be inhabited. Rex 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 Michaelis, ostensurus quare cum idem B., ad dextrum oculum ipsius A. casahter laesum, bene et computentur curandum apud JS. pro qua- dam pecuniae summa prae manibus soluta assumpsisset idem B. curam suam circa oculum praedictum tarn negligentur, et improvide apposuit, quod idem A. defectu ipsius B. vi- sum oculi prsedicti totaliter amisit ; ad damnum ipsius A., viginti librarum ut dicit. Et habeas ibi nomina plegiorum, et hoc breve. Teste meipso apud Westmonasterium, &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. Rex vicecomiti salutem. Prsecipio tibi quod juste et 464 LAW GLOSSARY. sine dilatione, facias stare rationabilem divisam N. sicut rationabile monstrare poterit, quod earn fecerit, et quod ipsa stare debeat, &o. " The King to the Sheriff, greet- ing. I command you that justly, and without delay, you cause to be made a reasonable division as N. can fairly show ought to be made her, and which she ought to have, &c." This was part of the ancient writ of dower. Bex 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, qu.se in defenso fuerunt tempore Henrici Regis avi nostri ; et scire facias omnibus de comi- tatu tuo, qui ab antiquo facere debent pontes et riparias illas, quod provideant sibi de pontibus illis, ita quod prompti sint et pariti in adventu nostro, quando eis scire faeiemus. 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. Ribaud.- — —A vagabond. Ricardo et uxori suas, et hseredibus suis, qui de ea veniunt. " To Richard and his wife, and the heirs from her issuing." These were words used in ancient settle- ments of lands. Rioohome. A lord. Rider, or Ridder Roll. A small piece of parchment with a new clause upon it, tacked to a bill or record. Riens in arriere. Nothing in arrear. Riens lour deust. Not their debt. Riens passa per le fait. Nothing passed by the deed. LAW GLOSSARY, 465 Eiens per devise.' Nothing by gift. Eiens per discent. Nothing by descent. Eieks per discent al' temps d'el original. Nothing by descent to the time of (issuing) the original (writ). Eiens per discent al' temps d'el writ. Nothing by descent to the time of the writ. Biens per discent, prseter, &c. Nothing by descent, except, &c. Eiens prseter. Nothing except. Eipfluea. To disarrange. Eifletum. Anciently. A thicket. Eiga. A kind of tribute rendered by tenants culti- vating the ground, to their lords. Binga. In old law. A sword-belt. Eipa. A river's bank. Eipaeum 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. Eiscus. A trunk. Blxa. A contention. Eixateix. In old law. A scold. Eobaria. Originally the robbing of a garment or robe. Eobeedsmen. In old English law. Men who were guilty of great violations of peace on the English and Scottish borders. Bodknights. In old English law. Mounted tenants, whose duty it was to ride with the baron. Boffuee. A plunderer : a robber. Eogatio ad populum. An appeal to the people. Vide note to " Judicia ad populum." Eogaveeunt 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- 30 466 LAW GLOSSARY. derunt "Quod nolunt leges Angllje mutare qvjs HUCUSQUE USITAT.E SUNT ET APPROBATE." All 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 WERE HITHERTO USED AND APPROVED." Bogo te per salutem: per fortunam Augusti, &c. I entreat you by your life (or safety) : by the fortune of Augustus, &c. Bole d'equipage. Bill of lading : list of the crew. Bomanorum leges. The Boman (or Civil) Law ; the code of Justinian. Vide note. Bomescot. Beterpence. Bother beasts. Animals with horns. Botulus. A register on a roll of parchment. Boyme. Queen. Boutte. A route, i. e. a company or number. Vide note. Bumpere. To revoke. Buncaria. Ground on which bramble-bushes grow. Eupta. Soldiers. Buptura. Bloughed ground. Byche. Bich. Byvire. Eiver. NOTES TO R. Raputt, &c. — Lord Coke says that this crime was anciently punished with death ; a severity which coincides with the rules of the old Gothic and Scan- dinavian constitutions. The penalty was mitigated, or rather altered, into a deprivation of sight, as well as of the offending members, by William the Conqueror, from Normandy. It seems, however, that the female upon whom the injury had been committed, had it in her power to save the criminal from this terrible sentence by accepting him as her husband. Vide 2 Inst. 180. Hawkins, 6. 1. c. 41. s. 11. LAW GLOSSARY. 467 Recens insecutio. — Thia means such a quick and earnest following of an offender, where a robbery was committed, as never ceased from the time of the offence done, or discovered, until he was apprehended. And the benefit of the pursuit of such a felon was, that the party pursuing had his goods re- stored to him, which, had no such pursuit been made, would have been for- feited to the King. Tide Staundf. Pla. Cor. lib. 3, u. 10, et 12. Reditus. — Probably this word is from " d reddendo," from being rendered; and is not only a sum of money, but some other consideration (which was frequently the case formerly), paid by the tenant for lands held under lease, or. demise. It must, it is said, be a profit to the land proprietor ; but there is no occasion for it to be, as it usually is, at this day, a sum of money; for corn, spears, capons, spurs, and a variety of other matters, may be rendered, and frequently are rendered, by way of rent. "Vide Go. Litt. 142. And, in former times, it often consisted of services done, or manual occupations per- formed to the lord, as to plough so many acres of land ; to procure firewood ; to attend the king or the lord to the wars, Ac. : but, it has been said, that rent must be certain : or that which may be reduced to a certainty : and that it should issue yearly, though it would seem there is no absolute occasion for it to issue every successive year ; for it may be reserved every second, third, or fourth year. Reddeundo, &c. — It is almost impossible, at the present day, to conceive how such a wild scheme as the Crusades could have been undertaken. It appears that the first efforts to rouse Christendom to the subject was made by Pope Sylvester the Second, who, in the tenth century, addressed an epistle to the Church universal, as from the oppressed church in Jerusalem, calling for immediate relief. But little, however, was effected until the close of the eleventh century. About that time Peter, a hermit, who had been in military life, and had seen the miseries of the Christians in the East, wrapt in a coarse garment, his head bare, his feet naked, rode through Europe on an ass, bearing a weighty crucifix, and a letter which he affirmed was written in heaven ; and, preaching to immense crowds in streets and churches, roused the nations to a holy war. The Popes used every artifice to increase the ex- citement made by the hermit, and augment the number of spiritual soldiers. A plenary indulgence, and absolution of their sins, were granted to all who should enlist. Amazing were the results. An immense multitude, computed at not less than eight hundred thousand, from the various nations of Europe, under illustrious commanders, set forth in the year 1096, to recover Jerusalem from the hands of the infidels. It was a motley assemblage of nobles, sol- diers, monks, nuns, artists, laborers, boys and girls, pressing forward ; some from pious motives, some from the hope of gaining heaven (for all who fell in battle were assured of a high seat in the regions of bliss), and many from the prospect of making their fortunes in the rich fields of Asia. Never was such enthusiasm felt on any subject. But a miserable fatality awaited the greatest part of these adventurers ; for, acting more like an undisciplined band of robbers than Christians, they incensed against them the nations through which they marched, and were amazingly wasted away by famine, sword and pestilence, before they reached the Saracen dominions. Such of the rabble as passed into Asia, under Peter the hermit, were cut to pieces by Solyman. The disciplined soldiers, however, were more successful, and in the year 1099 became masters of the Holy City, under Godfrey of Bouillon, who immediately laid j&e foundations of a new kingdom. Such was the ter- mination of the first Crusade, or Groisade, as it was called in the French, lan- guage, because its object was to extend the triumph of the Cross ; and every soldier wore a consecrated cross of various colors upon his right shoulder. No sooner, however, had the vast multitude returned to Europe than the Saracens fell upon the new kingdom at Jerusalem, threatening it with an utter 468 LAW GLOSSARY. extermination. A new Crusade was demanded to support the tottering em- pire; and, in the year 1147 another torrent was seen pouring into the plains of Asia. This was headed by the two powerful monarchs, Conrad the Third, Emperor of Germany, and Lewis the Seventh, King of France; but it was wholly unsuccessful. By sword, by famine, by shipwreck, and the perfidy of the Greeks, they were wasted away, and the next year a miserable hand- ful were seen retreating into Europe. The Saracens took courage, and, in the year 1187, recaptured Jerusalem, with horrible carnage and desolation. Tide Marsh's Epit. Gen. Ecc. Hist. p. 219, 220. Reges ex nobilitate, duces, &c. — As every individual among the ancient Germans was almost independent, and master, in a great degree, of his own actions, it became, in consequence, the great object among those who aimed at being Leaders to gain adherents, and attach them to their persons and in- terests. These adherents' Gcesar calls "Ambacti and Clientes," i. e. Retain- ers and Clients. Tacitus calls them "Comites," or Companions. The chief distinction, and power of the leaders, consisted in being attended by a nu- merous band of chosen youth ; this was their pride as well as ornament during peace ; and their defence in war. The leaders gained or preserved the favor of these retainers by presents of armor or of horses ; or by the profuse, though inelegant hospitalities with which in those times they enter- tained them. Yide Tac. c. 14, 15, 5. Remittee. — This means an operation in law, upon the meeting of an an- cient right, remediable, and a latter defeasible estate in the same person (the latter being cast upon him by law), whereby the ancient right is restored and set up again; and the new defeasible estate ceases: and thus he is in of his first or better estate. Yide 1 Inst 347, b. Litt. § 659. Those who desire to enter into distinctions, almost without a difference ; and subtleties, fine as the web of Arachne, on this, and similar subjects, may peruse Preston, Sugden, Saunders, Fearne, and Barton. Res mancipl — These were things among the Romans which might be sold and alienated, or the property of them transferred from one person to another, by a certain right used among Roman citizens only, so that the purchaser might take them, as it were, with his hand (manu caperet) ; whence he was called "Maxceps;" and the things "Res mancipi," vel Mamcupi, contracted " Mancipii." And it behooved the seller to be answerable for them to the purchaser, and to secure the possession (periculum judicii, vel auctoritatem, vel evictionem prcestare, &c), i. e. the danger of a judgment or the title, or be answerable for the loss of the thing sold, &c. Yide Gic. pro Murena, 2. Nec mancipi ees, were those things which could not thus be transferred : whence also the risk of the thing lay on the purchaser, (as is often the case in our laws). Yide Plant. Pers. iv. 3, 55, &c. Thus mancipium and usus are distinguished ; Vitaque mancipio nutti datur, in property or perpetuity, omni- bus urn. Yide Lucret. iii. 985. So mancipium, and fructus. Yide Gic. Epist. Fam. vii. 29, 30. Retraxit. — This is a term used when a defendant has withdrawn his plea. A plaintiff might formerly come into the court, where the action was brought, and declare that he would not proceed further. This was called a " Retrax- it :" that being the emphatical word when the Law Entries were in Latin. Romanoruii leges. — The Roman Laws. The rapidity with which the study and knowledge of the Roman Law spread over Europe, is amazing. A copy of the Pandects was found at Amalfi, A. D. 1137. Jrnerius opened a College of Civil Law at Bologna, a few years afterwards. Yide Gian. ffist. LAW GLOSSARY. 469 ft J. xi. o. 2. It began to be taught, as a part of academical learning, in differ- ent parts of Prance, before the middle of the twelfth century. Vicwius gave lectures on the Civil Law at Oxford, as early as the year 1147. A regular system of feudal law, formed in imitation of the Roman Code, was composed by two Milanese Lawyers, about the year 1150. Gratian published the Code of Canon Law, with large editions and emendations, about the same time. The earliest collection of these customs, which served as the rules of decision in the courts of justice, is the " Assizes de Jerusalem." They were compiled in the year 1099 ; and are called " Jus consuetudinum, quo regebatur regnum orieiitale," — i. e. " the law of customs under which the eastern kingdom was governed." But peculiar circumstances gave rise to this early compilation. Those of the Crusaders who were victorious, settled as a colony, in a foreign country ; and adventurers from most of the different nations of Europe composed this new society. It was necessary, on that account, to ascertain the laws, and customs, which were to regulate the trans- actions of business, and the administration of justice amongst them. But in no country of Europe was there at that time any collection of customs ; nor had any attempt been made to render the law fixed and permanent. The first undertaking of that kind was by GlanviUe, Lord Chief Justice of England, in his" Tractatus de legibus, el consuetudinibus Anglice," i. e. "A Treatise on the laws and customs of England," composed about the year 1181. The " Begiam Mqjestatem," in Scotland, ascribed to David the First, seems to be an imita- tion, and a servile one, of GlanviUe. Several Scotish Antiquarians, under the influence of that pious credulity, which disposes men frequently to assent without due examination, to whatever they deem honorable for their native country, contend zealously, that the " Segium Majestatem," is a production prior to the treatise of GlanviUe ; and some have brought themselves to be- lieve that a nation, in a superior state of improvement, borrowed its laws and institutions from one considerably less advanced in its political and judi- cial progress. Pierre de Fontaine, who tells us that he was the first who had attempted such a work in France, composed his " Gonseil," which contains an account of the customs of the country of Vernandois, in the reign of St. Louis, which began A. D. 1226. Beaumonoir, the author of the "Coustumes de Beauvoisis," lived about the same time. The establishments of St. Louis, containing a large collection of the customs which prevailed within the royal domains, were published by the authority of that Monarch. As soon as men became acquainted with the advantages of having written customs and laws, to which they could have recourse on every occasion, the practice of collect- ing them became common. Charles the Seventh of France, by an ordinance, A. D. 1453, appointed the customary laws in every province of France, to be collected and arranged. Vide Velley and Villaret, Histoire, torn. xvi. p. 113. His successor, Louis the Eleventh, renewed the injunction ; but this salutary undertaking was not fully executed ; so that the jurisprudence of the French nation remained more obscure and uncertain, than it would have been, if these prudent regulations of their monarchs, had taken effect. A mode of judicial determination was established in the middle ages, which affords the clearest proof that judges, whilst they had no other rule to direct their de- crees, but unwritten and traditionary customs, were often at a loss how to ascertain the principles on which they were bound to decide ; they were obliged, in dubious cases, to call in a certain number of old men, before whom they laid the case, that they might inform them what was the practice or custom, with regard to the point. This was called " Enqueste par tourbe." From the above it will appear, that the knowledge of the "Leges Roman- orum," was not so entirely lost, during the Middle Ages, as many persons be- lieve. That the Civil Law is intimately connected with the Municipal Juris- prudence, in several countries of Europe, is a fact so well known, that it re- quires no illustration. Even in England, where the common law has been, by many, supposed to form a system, perfectly distinct from the Roman Code ; 470 LAW GLOSSARY. and although sueh as apply in that country, to the study of the Common Law, have often boasted of this distinction, it is evident that many of the ideas and maxims of the Civil Law are incorporated into the English juris- prudence. This is well illustrated by the ingenious author of " Observations on the Statutes, chiefly the more Ancient," 3d edit. p. IB ; which the student will do well carefully to peruse. EotJTTE. — In a legal sense, this word signifies an assembly of persons going forcibly to commit an unlawful act, though they may not do it. A Rout is the same which the Germans call Eot, meaning a band, or great company of men gathered together, and going to execute, or indeed executing, any riot or unlawful act Sa et LA. Here and there. Sac. Sacha. A cause : prosecution. Saccabor. One from whom a thing was stolen, and who pursued the thief. Saccus cum brochia. A sack with a lance. Sacerdos interroget dotem mulieris, et si terra ei in do- tern detur, tunc dicatur Psalmus iste. " The priest may inquire respecting the woman's dowry, and if land be given her in dower, then let the Psalm be sung." The Psalm re- ferred to is cxxviii. In some cases formerly, the woman was endowed at the church, and at the church-door. Sacerdotes a regibus honorandi sunt ; non judicandi. The priests are to be reverenced by kings ; not judged (by them). Sachent a touts ceux que icy sount, et a touts ceux que avener sount. Know all those who are here, and all those who are to come. An ancient form of commencing deeds. Sacire.— — To seize. Sacquier. One who was appointed in the ancient maritime law of the French, to load and unload vessels whose cargoes consisted of corn, fish or salt ; for the pre- vention of fraud on the part of the crew. Sacramentum. An oath : a gage in money formerly LAW GLOSSARY. 471 deposited by the litigating parties among the Bomans ; and by persons who agreed to buy or sell ; also, the oath taken by soldiers to their general. Vide note. Sacramentum decisionis. The oath of decision : the oath formerly taken by a party who waged his law in an action of debt. Yide note to " Sacramentum." Sacramentum domini Eegis fregisse. To have bro- ken the oath of the lord the King. Sacrare. To outlaw. Sacrarium. A vestry : the place where the priest's robes are kept. Sacrilegii instar est rescriptum principis obviare. It is like sacrilege to oppose the order of the Emperor. Sacrilegium. Sacrilege. Also any detestible or odious crime. S^pe qusesitum est, an comitum numero et jure habendi sunt, qui legatum comitantur, non ut instructor fiat le- gatio, sed unice ut lucro suo consulant, institores forte et mercatores. Et quamvis hos ssepe defenderint et comitum loco habere voluerint legati, apparet tamen satis eo non pertinere, qui in legati legationisve officio non sunt. Quam autem ea res nonnunquam turbas dederit, optimo exemplo, in quibusdam aulis, olim receptum fuit, ut legati tenerentur exhibere nomenclaturam comitum suorum. It has often been inquired, whether those who accompany an ambassa- dor (or legate) are properly reckoned in the number of his companions, not that the embassy may be better equipped, but are probably merchants and factors, who only consult their own profit. And although ambassadors have often maintained and desired to have them as companions, never- theless, it is sufficiently clear, that they who are not in the service of the ambassador or embassy do not belong to the same. But as the matter has sometimes caused disputes, it was formerly received as the best rule, in some courts, that ambassadors should be obliged to produce a list of their companions (or suite). 472 LAW GLOSSARY. S-EPius requisitus. Oftentimes requested. "Savior armis Luxuria incubuit victam ulciscitur orbem.*' "Luxury, more destructive than arms, hovers over, and re- venges itself upon a vanquished world." Sagibaro.. A judge. Sala. A hall. ' Salarium nautse debeter, quando navis magister ante tempus conventionis completum, licentiam ei dederit, aut eum in terrain reliquerit, ut per eum servire non steterit. Item debetur nautse salarium conventum, cum magister navis non naviget, ex causa fortuitu, et sine culpa ipsius magistri; licet nautee non serviat, dummodo ipse nauta, absque licentia magistri, navem non derehnquerit. The wages are due to the mariner, when the master of the ves- sel, before the time of the agreement be completed, shall give him liberty (to depart), or leave him on shore, so that he cannot remain to serve him. Also the wages, agreed upon, are due to the mariner, when the master does not sail, from any accidental cause, and without his own de- fault ; it is (then) lawful for the mariner not to serve, if he may not have left the ship without the master's consent. Salic or Salique law. A code of law compiled in the fifth century by the Salian Franks in Gaul. Salicetum. A willow wood. Salus populi suprema lex est. The welfare of the people is the paramount law. Salus ubi multi consiliarii. Among many counsel- lors there is safety. Salva fide et ligeantia domino. Saving fealty and allegiance to the lord (of the fee). Salvis exceptionibus tarn ad breve, quam ad narratio- nem. Saving exceptions as well to the writ, as to the declaration. Salvis omnibus exceptionibus, advantagiis quibuscun- que. Saving all exceptions, and every advantage. LAW GLOSSARY. 473 Salvo contenemento suo. Saving his appearance : or those things which render him respectable in life. Vide note. Salvo jure petentis. Saving the right of the petition- er (or plaintiff). Salvo meo, et hseredibus meis. Saving my own right, and that of my heirs. Salvo pudore. Saving modesty. Sancta absolutio. The holy remission (or pardon). Vide note. Sanctio justa, jubens honesta, et prohibens contraria. A just ordinance, directing what is honorable, and forbidding what is wrong. Sans ceo. "Without this. Sans issue. "Without children. Sans nombre. Without number : without limit. Sapientes, fideles, et animosi. "Wise, faithful, and courageous. Sauces del mer. Creeks of the sea. Saunke. Blood. Sc. Abbreviated from scilicet. To wit. Scaccarium. " The Exchequer:" one of the courts of Common Law in England. Vide note. Scandalum magnatum. The scandal against the peerage. Vide note. Scelus intra se taciturn qui cogitat ullum, facti crimen habet. He who secretly meditates the commission of a crime, is guilty of the deed. Schetes. Usury. Schismaticus inveteratus. A confirmed schismatic. Sciant praesentes et futuri, quod ego Johannes Constu- bularius Cestrice, dedi et concessi, et hac praesenti charta mea, confirmavi, Hugoni de Dutton, hasredibus suis, magis- tratum omnium leccatorium et meretricium totius Cester- shirce, sicut liberius ilium magistratum teneo de comite. Know all men present, and to come, That I, John, 474 LAW GLOSSARY. the constable of Chester, have given and granted, and, by this my present deed, have confirmed, to Hugh de Button, and his heirs, the magistracy over all debauchees and harlots, throughout Cheshire, as freely as I hold that office of the Earl. Sciendum et feudum, sine investitura, nullo modo, con- stitui posse. And be it known, that a fee, without (giving) possession, cannot in any manner be made. Sciendum tamen, quod in hoc placito, non solet accusa- tus per plegios dimitti, nisi ex regise potestatis beneficio. Be it known, however, that on this plea, a person accused is not usually discharged on bail, unless by favor of the royal authority. Scienter. Knowingly : wilfully. Scientia enim utrinque per, pares facit contrahentes. For knowledge on the part of each, places contracting parties on an equal footing. Sci' fa. quare exeeutionem non. That you give notice why execution be not issued. Scilicet — per quas feudum amittitur — Si domino de- servire noluerit ; si per annum, et diem cessaverit in petenda investiturEe ; si dominum ejuravit, id est, negavit se a domino feudum habere ; si a domino in jus cum vocante (ter citatus), non comparuerit. That is to say — by what acts a fee is fortified. If (the vassal) be unwilling to serve his lord ; if he neglect to seek after his possession for a year and a day ; if he has forsworn (or renounced) his lord, that is, denied that he holds the fee of him ; (or) if being called into court by the lord, (being three times cited,) he may not have appeared. Scintilla juris. A spark of right. Scintilla juris et tituli. A shadow (or spark) of right and title. Scire facias. That you make known. Vide note. Sciee facias ad audiendum errores. That you give notice to hear errors. LAW GLOSSARY. 475 Scire facias ad computandum. That you give notice to account. Scire facias ad computandum, et rehabendam terram. That you give notice to account, and re-occupy the land. Scire facias ad rehabendam terram. That you make known as to re-possessing the lands. Scire facias quare consultatio non debet concedi post prohibition em. That you give notice why a consulta- tion should not be granted after the prohibition. Scire facias quare executionem non. That you cause it to be understood why he does not (obtain) execution. Scire feci. 1 have made kndwn. Scire fieri. To be informed. Scotls! leges dantur. Laws are given to Scotland. Vide note. Scribe conventionem faciunt. Notaries (or clerks) make the contract. Vide note. Scribere est agere. To write is to perform. Scripsit, fecit, et publicavit ; seu scribi fecit, et pub- lican causavit. He wrote, made and published; or caused to be written, made and published. Sculdasius. An assistant to a judge. Scutagium. " Scutage ;" also a sum formerly paid to be excused performing knights' service : a tenure by which considerable land in England was once holden. Scutagium (or Scutum) non adimit hsereditatem. (Escuage or shield-service) does not take away the inherit- ance. Scuto magis quam gladio opus est. " It is used rather as a shield than a sword." As by the English law, an old mortgage term, regularly assigned, from time to time, pro- tects against dower, and subsequent latent incumbrances : this may be in some respects a new doctrine — but see Pres- ton, Sugden, &c. Scyran. To divide. 476 LAW GLOSSART. SCYRE-GERAFA. A sheriff. Secta. A suit : litigation : also the pledges produced that the plaintiff should prosecute his claim. Secta ad furnum ; secta ad torrale ; et ad omnia alia hujusmodi. Suit (or service) at the oven (or bake- house) ; also at the kiln ; and to all other things of this sort. Secta ad molendinam. -Suit (or service) at the mill. Some lands were formerly held by performing such ser- vices as these. Secundum absolutam probatam. According to abso- lute proof. i Secundum sequum et bonum. According to what is just and right. Secundum allegata et probata. As alleged and proved. Secundum conditionem personarum. According to the rank (or situation) of the parties. Secundum consuetudinem husbandrise. According to the custom of husbandry (or tillage). Secundum consuetudinem manerii. According to the customof the manor. Vide note. Secundum discretionem boni viri. According to the judgment of an honest man. Secundum formam charts. According to the import of the deed (or writing). Secundum formam doni. According to the form (or manner) of the gift. Secundum legem et consuetudinem Anglice. Accord- ing to the law and custom of England. Secundum legem et consuetudinem parliamenti. Ac- cording to the law and usage of parliament. Secundum legem et consuetudinem regni. Accord- ing to the law and custom of the realm. Secundum legem terra?. According to the law of the land. LAW GLOSSARY. 477 Secundum potestatem ordinatam. According to set- tled authority. Secundum subjectam materiam. According to the subject-matter. Secueitas legatorum, utilitati quae ex poena est prepon- derat. The safety of ambassadors, which outweighs the expediency of the punishment. Se defendendo. In his own defence. Sedente curia. During the sitting of the court. Seditio regni, vel exercitus. The sedition of the realm or of the army. Sed non allocatur. But it is not discussed (or con- sidered). Sed nonnunquam aliter est. But sometimes it is otherwise. Sed non valet confirmatio nisi ille qui confirmat sit in possessione rei vel juris unde fieri debet confirmatio ; et eodem modo nisi ille cui confirmatio fit sit in possessione. But the confirmation is inefficacious, unless he who makes it is in the possession, or has the right of the proper- ty under which the confirmation ought to be performed, and in like manner, unless he, to whom the confirmation is made, be in possession. Sed per curiam. But by the court. Sed recentiori jure gentium, inter Europceos populos in- troductum videmus, ut talia capta censeantur, ubi per horas viginti quatuor in potestate hostium fuerint. But we observe by the more recent law of nations, introduced among Europeans, that such things were considered cap- tured, where they were twenty-four hours in the enemy's possession. Sed secundum earundem plenitudinem, judicenter. Let them be judged of according to their magnitude. Sed si non prosunt singula, juncta juvant.' But if they do not assist separately, taken together they are ad- vantageous. 478 LAW GLOSSARY. Segniter irritant animos demissa per aurem, quam quae sunt oculis subjectse fidelibus. What we hear produces a slight impression, when compared with that which is pre- sented to'the eye. Seise quousque, &c. Seised (or possessed) until, &c. Seisika facit stirpitem. Seisin makes the Eoot (or Stock). Selecti judices de decuria senatoria conscribuntur, in urnam sortito mittuntur, ut de pluribus necessarius numerus confici possit : post, urna permittitur accusatori ac reo, ut ex illo numero rejiciant quos putaverint sibi, aut inimicos, aut ex aliqua re incommodos fore ; rejectione celebrata, in eorum locum qui rejecti fuerunt subsortiebatur Prcetor alios, quibus ille judicium legitimus numerus compleretur ; his perfectis, jurabunt in leges judices ut obstructi religione, judicarent. The (names of) select judges are written down from the senatorial roll, (and) are thrown by lot into an urn, that out of many the requisite number may be procured ; afterwards, the urn is sent to the accuser, and to the criminal, that they may reject from that number those whom they consider would be unfriendly (to them) or improper on some other account ; the rejection being declared the Prcetor chooses by lot others in the stead of those who have been rejected, with whom he completes the legal number of Judges ; these things being finished, the Judges swore upon the laws that they would decide under the obligation of their oath. Vide note. Semble. It seems. Semiplena probatio. "Half full proof." Proof in- sufficient to convict. Semper animo, et intentione prosequendi. Always with the desire and intention to proceed. Semper dabitur dies partibus ab justiciariis de banco, sub tali conditione, "nisi justiciarii itiner antes prius ve- nerint ad partes illas. " A day shall always be allowed to the parties by the Judges of the Bench under such con- LAW GLOSSARY. 479 dition, ' unless the Judges in Eyre sooner come into those parts.' " The Judges in Eyre meant those who went the circuit in England. Sempee levi nota adspersi fuisse videntur. They ap- pear to have been always published with some trifling re- mark. Sempee paratus. Always ready. Senatus consulta. " Decrees of the Roman senate." These related to the people at large. Vide note. Senatus consultum Tertullianum. The Tertullian decrees. Senatus consultum ultima? necessitatis. A decree made on extreme necessity. Vide note. Senatus decreta. " The decrees of the senate." These related to private matters. Sensus verborum ex causa dicendi accipiendus est. The meaning of the words is to be taken from the subject upon which they are spoken. Sententia lata cum eo cujus principaliter interest et k quo alii jus habent consecutum, jus facit quoad omnes, etiam non intervenientes, et non citatos. A sentence (or decree) given against him who is principally concerned, and from whom others have a derivative title, becomes a law as to all persons, notwithstanding they do not attend, or have not been summoned. Sententia rerum divinarum, humano sensu excogitata, palam docta, et pertinaciter defensa. An opinion of things divine, devised by human reason, publicly taught, and obstinately defended. Sequatue sub suo periculo. Let him follow at his peril. Sequesteaei facias. That you cause to be seques- tered. Sequestbaei feci. 1 have caused to be seques- tered. Seeiatim. In regular order: in succession. 480 LAW GLOSSARY. Sermo relatus ad personam et inteUigi debet conditioni personse. The discourse refers to the person, and it should be understood according to the situation (condition or rank) of the party. Servato juris ordine. -The order (or form) of law being preserved. Servi aut hunt, aut nascuntur ; fiunt jure gentium, aut jure civili: nascuntur ex ancilliis nostris. Slaves are made so, or they are born so :, they are made slaves by the law of nations, or by the civil law : they are born (slaves) from our bondwomen. Vide note. Service de Chevalier. Knight's service. Servientes ad legem. Serjeants at law. Servi nascuntur. They are born slaves. Vide note. Servttia servientium, et stipendia famulorum. The services of those employed, and wages of servants. Servitii adscriptitii glebse. " Slaves attached to the soil." Those who were bought and sold with the land. Servitio obnoxium. Liable to perform service. Servitium militaire.' Military service. Servitium scuti. Knight's service. Servitium sokas. " Socage service." A considerable part of the lands in England were formerly held by these services. Servitus est jus, quo res mea, alterius rei vel personse servit. Bondage is a law by which my property is sub- ject to the circumstances or person of another. Vide note. Servus facit, ut herus det. The servant performs (the work) that the master may pay him. Si a domino ter citatus non comparuerit. " If being summoned thrice by the lord, he has not appeared." This was one of the causes by which the tenant forfeited his land. Si aliquid ex solennibus deficiat, cum equitas poscit, subveniendum est. If anything customarily appointed is wanting, which equity requires, it should be supplied. LAW GLOSSARY. 481 Si aliquis mulierum pregnantem percusserit, vel ei vene- rium dederit, per quod fecerit abortivam, si puerperium jam formatum fuerit, et maxime si fuerit animatum, facit homi- cidium. If any one strike a pregnant woman ; or give her poison by which she miscarry ; if the embryo has been already formed, and particularly if it has quickened, he is guilty of murder. Si aliquis per superbiam elatus, ad justitiam Episcopalem venire noluerit, vocetur semel, secundo, et tertio ; quod si nee ad emendationem venerit, excommunicetur, et si opus fuerit ad hoc vindicandum, fortitudo et justitia Kegis, sive Vicecomitis, adhibeatur. If any person, elated by pride, will not come (or submit) to Episcopal justice, let him be called once, twice, thrice ; but if, after this, he do not sub- mit to correction, let him be excommunicated ; and if oc- casion require, let the power and justice of the King, or the Sheriff, be used to vindicate this act. Si antiquitatem spectes, est vetustissima ; si dignitatem, est honoratissima ; si jurisdictionem, est capacissima. If you look at its antiquity, it is most venerable ; if at its dig- nity, it is very honorable ; if at its jurisdiction, it is ex- tremely extensive. Si autem in narratione facienda aliquis articulorum prae- dictorum omittatur, et narratio a petente advocetur, ita quod error revocari non possit; et petens clameum suum pro se, et hseredibus suis amittet in perpetuum. But if in making the declaration (or count), either of the said articles (conditions, or things) are omitted, and the count be pleaded by the plaintiff, so that such error cannot be recalled, the plaintiff will lose his claim for himself, and his heirs forever. Si autem villanus sockmannus villanum soccagium ad alium transferre voluerit, prius illud restituat domino, (vel servienti, si dominus prassens non fuerit) ; et de manibus ipsius fiat translatio ad alium, tenendum libere, vel in soc- cagio, secundum quod domino placuerit ; quia ille villanus 31 482 LAW GLOSSARY. sockmannus non habet. potestatem transferrendi, cum Hbe- nim tenementum non habet. Therefore if a villain in socage desires to transfer bis socage land to anotber per- son, be must first restore it to tbe lord, (or to bis attorney, if tbe lord sball not be present ;) and tbe transfer may be made from bis bands to tbe otber person, to bold in fee, or in socage, as tbe lord may please ; for tbe villain in socage bas not a power of transferring (tbe possession), because be bas not tbe fee. Sibtllina. Tbe Sibylline books. Vide note. Si certa signa apposita fuere mercibus et aliis rebus. If certain marks were set to tbe merebandise, and tbe other things. Sic enim debet quis meliorem agrum suum facere, ne vicini deteriorem faciat. For, although a person desires to improve his estate, yet he should do no injury to his neighbor. Si constare poterit. If it sball be made to appear. Si curia cognoscere veht. If the court wish to certify (or take cognizance). Sicut alias prascipimus. As we have otherwise com- manded. Sicut pluries prsecipimus. As we have many times commanded. Sic utere tuo, ut alienum non lasdas. So use your own that you injure not another's property. Sicut si talibus circumstantibus, quas timorem, creduhta- tem, aut errorem, capitani excusare possint. Such as, if under similar circumstances, may be sufficient to excuse the captain's fear, credulity, or mistake. Sic volo, sic jubeo, stet pro ratione voluntas. So I will, so I order, and let my will stand in the place of reason. Si debeat respondere, quousque, &c. If he should answer, until, &c. Si decedens plura habuerit animalia, optima cui de jure LAW GLOSSARY. 488 fuerit debitum reservato Bcclesiae suo sine dolo, fraude, seu contradictione qualibet, pro recompensatione substractionis decimarum personalium, necnon et oblationum : secundum melius animal xeservetur, post obitum, pro salute animae suffi. If a person dying has several animals, the best is kept for whom it legally belongs, which is to his church, without any guile, fraud, or objection whatever, as a recom- pense for withholding his personal tithes, and oblations : that the second best animal be reserved, after his death, for the welfare of his soul. Si dominum cucurbitaverit, id est cum uxore ejus con- cubuerit. "If he has cuckolded his lord, that is, if he has committed adultery with his wife." This appears to have caused a forfeiture of the tenant's feud. Si dominum deservire noluerit. If he be unwilling to serve his lord. Si dominum ejuravit, id est, negavit se a domino feudum habere. If he has forsworn his lord ; that is, if he has denied that he holds the fee of him. Si dominus commisit feloniam, per quam vassallus amit teret feudum, si earn commiserit in dominum ; feudi pro- prietatem etiam dominus perdere debet. If the lord commit a felony, for which a vassal would lose his fee, had he committed such an offence against the lord, the lord ought also (in such a case) to lose his seigniorship in the fee. Si dominus feodi negat haeredibus defuncti seisinam, jus- ticiarii domini regis faciunt inde fieri recognitionem per duodecim legales homines qualem seisinam defunctus inde habuit die qua fuit vivus, et mortuus ; et sicut recognitum fuerit, ita hseredibus ejus restituant. -If the lord of the fee refuse (to give) possession to the heirs of the deceased, the justices of the lord the King shall thereupon cause recognition to be made by twelve lawful men, as to what seisin (or possession) the deceased had therein, on the day on which he was alive, and at the (very) time he died ; 484 LAW GLOSSARY. and according as that recognition shall be, so shall they re- store the possession to the heirs. Vide note. Si enim ipsi raptores metu, vel atrocitate pcense, ab hu- jusmodi facinore se temporaverint, nullse mulieri, sive vo- lenti, sire nolenti, peccandi locus relinquetur; quia hoc velle mulieris, ab insidiis nequissimi hominis, qui meditatur rapinam, inducitur. Nisi etenim, earn solicitaverit, nisi odiosis artibus circumveniret non faciet earn velle in tan- ' turn dedecus sese prodere. For even supposing that these violators, through fear, or the severity of the pun- ishment, abstain from a foul deed of this kind, yet the op- portunity of acting wickedly to any woman will not be lost, whether she would or would not ; because this same will of the woman is led astray by the subtleties of a most debauched man, who meditates seduction. For, unless he solicit her, and, by his odious devices, beguile her, he will not prevail on the female to be willing to give herself up to so great a disgrace. Si eo nomine, forte ingrediatur fundum alienum, non quoad sibi usurpet tenementum, vel jura ; non facit dis- seisinam, sed transgressionem, &c. ; querendum est a judice quo animo hoc fecit. If, on that account, he accidentally enters upon another's fee, he does not therefore usurp to himself the tenure or the rights ; he does not make a dis- seisin, but a trespass, &c. : it is to be inquired of by the judge with what intention he did this. Si equam meam equus tuus prsegnantem fecerit, non est tuum, sed meum, quod natum est. If my mare be in foal by your horse, it is not your foal but mine. Si fecerit feloniam, dominum forte cucurbitando. If he shall commit felony, (as) perhaps by cuckolding his lord. Si fecerit te securum, pone per vadios et salvos plegios. If he make you secure, put by gages and safe pledges. Si Friscus, cum patris filia, se conferat in Brabantiam ibique nuptias celebret ; hue reversus, non videtur toleran- LAW GLOSSARY. 485 dus : quia sic jus nostrum pessimis exemplis eluderetur. If a Friscian go with his sister into Brabant, and there mar- ry her, his return hither does not appear to be allowed ; if so, our law might be evaded by the most disgraceful exam- ples. Sigillum est cera impressa, quia cera sine impressione non est sigillum. " A seal is impressed on wax ; for wax, without an impression, is not a seal." Signets and rings have been used from very ancient times, and are mentioned by many sacred and profane authors. Vide Daniel, vi. 17. Signum crucis imposui. 1 have placed the sign of the cross. Vide note. Si home aint feoffees k son use devant le stat. de 27 Hen. Viil. eu devise la terre al auter, et puis les feoffees sont feoffment del terre use del devisor ; et puis le statut, le de- visor morust, la terre passera per le devise, car apres le feoff- ment, le devisor avoit mesme l'use que il avoit devant. If a man having feoffees to his use, before the statute 27 Hen. VHI. had devised the land to another, and then the feoffees make feoffment of the land to the use of the de- visor, and after that statute the devisor died, the land shall pass by the devise ; for, after the feoffment, the devisor had the same use which he had before. Si home port ejection firmas, le plaintiff recovera son terme qui est arrere, si bien come in " quareejecit infra ter- minum ;" et si nul soit arrere, donques tout in damages. If a man bring an ejectment for a farm, the plaintiff shall recover his term which is in arrear, as well as he would in an action, " wherefore he ejected within the term ;" and if none (meaning no term) remain, he shall have all in dam- ages. Si imperialis majestas causam cognitionaliter examina- verit, et partibus cominus constitutis, sententiam diaerit, omnes omninoju dices, qui sub nostro imperio sunt, sciant hanc esse legem, non solam illi causaa pro qua producta est, sed et in omnibus similibus. If his Imperial Majesty has 486 LAW GLOSSARY. thoroughly examined a cause, and thereupon the matters being determined, he has made his judgment or (decree), surely all the judges who are under our authority may understand that this is the law, not only for that cause, which occasioned the judgment, but also in all similar cases. Si in chartis membranisve tuis carmen, vel historian), vel orationem, Titius scripserit, hujus corporis non Titius, sed tu dominus esse videris. If Titius write a song, his- tory, or oration on your papers or parchments, you will be considered the owner of the material, (on which the writ- ing was made,) and not Titius. Vide note to " Ghartm," &c. Si in confmiis hostium deprehendantur, prsesumantur hostibus advehi. If effects are taken in the enemies' pre- cints, they are considered to have been carried away by the enemy. Si ita sit, tunc sigilla vestra. If so then set your seals. Si iter mutaverit ex aliqua justa, et necessaria causa, pu- ta, ex causa refectionis, vel ad evitandum maris tempesta- tum, vel ne inciderit in hostes ; si quidem in istis casibus, mutato itinere, tenetur accecurator. Suppose a vessel shall alter her course on account of any just and necessary purpose, either for (the purpose of) refreshment ; to avoid the tempest of the sea, or falling in with the enemy ; if this be the case, although the course be changed, yet in these instances the assurer is bound. Si jeo mist mon clothes al un taylor a faire, il peut eux conserver tanque satisfaction par le fesans : mes si jeo con- tract oue un taylor, que il avera tant per le fesans de mon appareil, il ne peut eux conserver tanque satisfaction pur le fesans. If I send my clothes to a tailor to make, he may keep them until he be paid for the making : but if I contract with him that he shall have a certain sum for mak- ing my apparel, he cannot keep the same until he be paid for the making. Si judicium redditum sit. If judgment be given. LAW GLOSSARY. 487 Si juratores erraverint, et justiciarii secundum eorum dictum, judicium pronuntiaverint, falsam faciunt pronun- tiationem, et ideo sequi non debent eorum dictum ; sed illud emendare tenenter per diligentem examinationem. Si autem dijudicare nesciant, recurrendum erit ad majue judicium. If the jurors mistake, and the judges give judgment according to the verdict, they pass an erroneous sentence, and therefore ought not to follow up their ver- dict ; but are bound to amend it by a diligent examination, (or inquiry.) But if they are unable to decide it, recourse shall be had to a higher tribunal. Si le capitaine a fuilli en sa premiere qualitie" ; comme s'il a de'route', &c, les assureurs qui se sont renders garans de la barraterie du patron, en sont responsables, mais malgre ladite clause, ils ne sont pas tenue des fautes que le capitaine commet en sa qualitie de facteur. If the cap- tain has acted improperly in his chief capacity ; as if he has changed his route, &c, the assurers, who have guaran- teed against the barratry of the owner, are responsible for it; but, notwithstanding the said clause, they are not bound for any offences which the captain has committed in his capacity of factor. Silent leges inter arma. There is a suspension of law amidst the din of arms. Si le prince arrest le navire comme s'il s'en voulait servir, s'il avoit affaire de portion ou de toute la marchandize, sll ne veut permettre aux navires de sortir, qu'en flotte ou redoublement d'equipage ; ou s'il prevoyoit & plus grand danger les arrestans pour quelque terns, l'assureur n'est en acune indemnite quand telle chose advient dedans le meme port, pour ce que ce sont des dangers de la terre procedans du volonte du prince. If the vessel be detained by the prince, for his use, or if he has any claim on a portion or the whole of the merchandise ; or if he (the prince) will not permit vessels to sail except in fleets, or without in- creasing the equipage, (i. e. the crew) ; or if he by any 488 LAW GLOSSARY. means expose those thus detained to great danger, the assurer has no risk, when such a thing occurs within the same port, (i. e. where the insurance was made,) because these are land risks, and proceed from the (paramount) will of the prince. Si malgre" l'interdiction de commerce, qu'emporte tou- jours tout declaration de guerre, les sujets du roi ne font point commerce avec les ennemis d l'etat, ou avec des amis ou allies, par l'interposition desquels on feroit passer aux enemis des munitions de guerre et de bouche, ou de autres effets prohibies ; car tout cela etant come prejudiceable a l'etat, seroit sujet k confiscation, et k #tre declare de bonne prise, etant trouve soit, sur les navires de la nation, soit sur ceux des amis et allies. If, contrary to the prohibi- tion of commerce, which, at all times, is the consequence of a declaration of war, the subjects of the King carry on trade with the enemies of the nation, or with friends or allies, by whose interposition they forward to the enemy military stores, provisions or other prohibited articles; this being all prejudicial to the interests of the nation, should be subject to confiscation, and declared a lawful prize, whether found in vessels of the nation, or in those of friends and allies. Si mercatum aliquid levatum sit, ad nocumentum vicini mercati. If any merchandise be placed there, to the injury of a neighboring market. Similiter. " In like manner." A word used in mak- ing up the issue, when it is said the " similiter " is added. Si milites quid in clypeo Uteris sanguine suo rutilantibus adnotaverint ; aut in pulvere inscripserint gladio suo, ipso tempore, quo in prcelio, vitas sortem derelinquunt, hujus- modi voluntatem stabilem esse oportet. If soldiers write anything upon their shields, in letters glaring red with their own blood ; or make marks in the dust with their sword, at the time they die in battle, a testament of this kind ought to be considered valid. Vide note. LAW GLOSSARY. 489 Si modo postea nascatur, tunc enim fiotione juris nativi- tas retrotraliitur. If the child be born subsequently, then, by a fiction of law, the birth shall have a retrospect- ive construction. Simcwstia. Simony. Vide note. Si mortuo viro, uxor ejus remanserit, et sine liberis fue- rit, dotem suam habedit ; si vero uxor cum liberis reman- serit, dotem quidem habebit, dum corpus suum legitime survaverit. If at a man's decease, his wife survive, and there be no issue, she shall have her dower ; but if she sur- vive with children, she shall have her dower so long as she conducts herself chastely. Vide note. Simplioitas est legibus arnica, et nimia subtilitas in jure reprobatur. Simplicity is a favorite of the laws, and too much subtlety is reprobated in law. Simplex loquela. A single plea, or plaint. Simul cum aliis. Together with other persons. Simul cum quodam I. S. clausum suum fregit. He broke the close in company with a certain (person named) I. iS. Simul et semel. At once and together. Simul et vicissim. Together, and at different times. Si navis mutaverit iter vel ceperit secundum viagium ; vel conveniret asportare alias merces in alium locum ; vel alias assecurationes fecerit pro dicto secundo viagio, tunc in casibus praedictis assecuratores pro primo viago, not am- plius tenentur : nam cum navis diverterit ad extraneos actus, dicitur mutasse iter, et plura viagia fecisse, et pri- mum dicitur mutatum ; limita tamen mutatur in justa causa. Periculum intelligitur solum currere assecuratori pro iUo itinere convento, et non pro alio ; nam si navis mutaverit iter, vel a via recta illius itineris diverterit, non tenetur amplius assecurator ; non vero limita si iter mutaverit ex aliqua et necessaria causa. If a vessel shall have changed her course, or have taken a second voyage ; or has agreed to carry more merchandise into another place ; or made more insurances for the said second voyage ; then, in the 490 LAW GLOSSARY. said cases, the insurers for the first voyage are no longer bound ; for when a vessel diverts for purposes foreign to her voyage, the voyage shall be said to be changed, and (it shall be considered) that she has made more (or other) voyages ; and the first shall be said to be altered ; yet, for a proper cause she may change her destination. The risk is understood to arise to the insurer only for that voyage agreed upon, and not for any other : for if the vessel shall have changed her voyage, or deviated from the direct course, the assurer is no longer bound ; nor is he (bound) if the voyage be changed from another and necessary cause. Sine aliqua causa. Without any cause. Sine aliquo vestimento. "Without being clothed : (without any title.) Sine assensu capituli. "Without the consent of the chapter. Sine calumnia verborum non observata ilia dura con- suetudine, " qui cadit eL syllaba, cadit a tota" causiL" Without a false construction of the words, that usual se- verity not being attended to, "that he who mistakes in one syllable, loses his cause altogether." Sine die. " Without day" — as, the Court adjourned "sine die" — no day being mentioned for sitting again. Sine judicio parium, vel per legem terrse. Without the judgment of his peers (or equals), or by the law of the land. Sine hoc quod. Without this that. Sine prejudicio melioris sentential. Without preju- dice of a milder (or more favorable) judgment. Sine qua non. An indispensable condition. Sine suo suorumque prejudicio. Without prejudice to him or from them. Si non adest risicum assecuratio non valet ; nam non est materia in qua forma posset fundari. If there be no risk the insurance is invalid ; for it is immaterial in what form it be recorded. LAW GLOSSARY. 491 Si non omnes qui rem communem habent, sed certi ex his dividere desiderant ; hoc judicium inter eos accipi po- test. If all who hold an estate in common do not wish to divide it, but only some of them, that consideration must be regulated among themselves. Si non sequatur ipsius vadii traditio, curia domini regis hujusmodi privatas conventiones tueri non solet. If the delivery of the pledge do not follow, the King's court does not usually sanction private agreements of this sort. Si pares veritatem noverint, et dicant se nescire cum sciant. If the jury know the truth, and say that they are ignorant when they understand it. Si paret. If it appears. Si partes alium in contrahendo locum respexerunt. If the parties, making the agreement, have regard to anoth- er place. Si per annum et diem cessaverit in petenda investitura. If he shall have neglected to claim possession for a year and a day. Si petens sectam produxerit, et Concordes inveniantur, tunc reus poterit vadiare legem suam contra petentem, et contra sectam suam prolatam; sed si secta variabilis in- veniatur, ex tunc non tenebitur legem vadiare contra sec- tam illam. If the plaintiff shall have preferred his suit, and the sureties he produced, then the defendant may wage his law against the plaintiff, and against the suit preferred : but if the suit be found variable (that is, debt and trover together, &c), in that case he will not (as) against such suit be bound to wage his law. Vide note. Si plura sint debita, vel plus legatum fuerit, ad quae ca- tallae defuncti non sufficiant, fiat ubique defalcatio, excepto regis privilegio. If there be more debts or legacies which the goods of the deceased are insufficient to dis- charge, let there be a general deduction (or a deduction by each legatee), the King's privilege excepted. Si questum tantum habuerit is, qui partem terras suae do- 492 LAW GLOSSARY. nare voluerit, tunc quidem hoc ei licet ; sed non totum questum, quia non potest filium suum hasredem exhsere- dere. If a person, who has nothing more than an ac- quired estate, would dispose of part of his land, this is lawful for him to do ; but he cannot give away the whole of such property, because he cannot disinherit his son, the heir. Si quid misericordia causa ei fuerit relictum, puta, men- struum, vel annum alimentorum nomine, non oportet, propter hoc, bona ejus iterate venundari; nee enim frau- dandus est alimentis quotidianis. If anything be left to a person for the sake of charity, suppose by way of a monthly or yearly allowance for provisions, it is not proper that, on this account, his property should be sold a second time ; for he ought not to be defrauded of his daily support. Si quid singuli temporibus adduci hosti promiserint, est in eo fides conservanda. If they have promised that any particular thing should be conveyed in the time of war to the enemy, it should be rigidly observed. Si quid universitati debetur, singulis non debetur ; nee quod debet universitas, singuli debent. If anything be due to a society (at large), it is not due to the individuals ; nor do those individuals stand indebted for what the soci- ety owe in its corporate capacity. Si quis ad battalia curte sua exierit. " If any one should go out of court to battle." Meaning his right to the decision by single combat, which was at one time a common mode of settling disputes. Vide note to "Est autem," &c. Si quis aliquid dixerit contra testamentum, placitum illud in curia Ohristianitatis audiri debet, et terminari. If a person allege any matter against a will, that plea ought to be heard and determined in the Ecclesiastical court. Si quis baronum, seu hominum meorum, pecuniam suam LAW GLOSSARY. 493 non dederit, vel dare disposuerit, uxor sua, sive liberi, aut parentes et legitimi homines ejus, earn pro anima ejus divi- dant, sicut eis melius visum fuerit. If any of my barons, or subjects, should not give or dispose of his money, his wife, or children, or else his parents, and next of kin, may divide it for (the peace of) his soul, as may appear to them to be most proper. Si quis famosum libellum ignarus repererit, et corrupat priusquam alter inveniat, aut nulli confiteatur inventum. Si vero non statim easdem chartulas corruperit, vel igne consumperit, sed earum vim manifestaverit, sciat se quod auctorem hujus modi delicti capitali sententiae subjugan- dum. If any ignorant person has found an infamous libel, and destroys it before another may find it, or does not confess to any one that he has found it. Certainly, if he has not immediately torn (or defaced it), or burnt it up, but has made known its contents to any one, let him un- derstand that he has subjected himself to as heavy a sen- tence for this offence, as if he were the author. Si quis famosum libellum sive domu, sive in publico, vel in quocum loco ignarus invenit, aut discerpat prius- quam alter inveniat, aut nulli confiteatur inventum. Nam quicunque obtulerit inventum, certum est ipsum reum ex lege retinendum, nisi prodiderit auctorem ; nee evasuram pcenas hujusmodi criminis constitutas, si proditus fuerit cuiquam retulisse quod legerit. If any ignorant person shall find an infamous libel either at home or in public, or in any other place, or shall destroy it before another has found it, or does not confess that he has found it. For it is certain that whoever shall expose the same when found, shall be guilty in law of retaining it, unless he produce the author ; nor shall he evade the punishment appointed for a crime of this nature, if it be discovered that he has taken it to any one to be perused. Si quis felem (horrei regii custodem) occiderit, vel furto abstulerit, felis summa cauda suspendatur, capite aream at- 494 LAW GLOSSARY. tingente; et in earn grana tritici effundantur, usquedum summitas caudse tritico cooperiatur. "If anyone kill or steal a cat (the keeper of the king's granary), let the cat be suspended by the end of the tail, its head touching the floor, and grains of wheat be poured upon it, until the tip of the tail be covered with the wheat." This was the fine formerly payable ,by the person who killed or stole the king's cat. Vide Black. Com. Si quis homini aliqui pergenti in itinere mansionem vetaverit, sexaginta solidos componat in publico. If any person refuse to entertain a traveller, he shall be fined sixty shillings for the public use. Vide note. Si quis hnpatientia doloris, aut tsedio vitas, aut morbo, aut furore, aut pudore, mori voluit, non animadvertatur in eum. If any person from insupportable grief, or from weariness of life, from disease, or madness, or shame, has desired him to die, it (that crime) shall not be chargeable upon him. Si quis intestatus obierit, liberi ejus hasreditatem equali- ter dividant, &c. If any person die intestate, his chil- dren divide the inheritance equally, &c. Si quis me nesciente, quocunque meo telo vel instru- mento in perniciem suam abutatur; vel ex sedibus meis cadat ; vel incidat in puteum meum, quantumvis tectum et munitum ; vel in cataractum, et sub molendmo meo con- fringatur, ipse aliqua mulcta plectar ; ut in parte infelicita- tis meaa numeretur, habuisse, vel aedificasse aliquod quo homo periret. If any person, without my knowledge, be in any manner whatever destroyed by my weapon or implement, or fall from my house, or into my well, although covered and secured; or into my waterfall, and be broken to pieces under my mill, yet I shall be punished with some fine ; as it may be considered in part of my misfortune to have possessed, or erected anything by which a person could have perished. Si quis sine liberis decesserit, pater, aut mater ejus in LAW GLOSSABY. 495 haereditatem succedat, vel frater et soror, si pater et mater desint ; si nee hos habeat, soror patris vel matris, et dein- ceps qui propinquiores in patrua fuerint; et dum virilis sexus extiterit, et hsereditas ab inde sit, foemina non haeredi- tet. If any one die without children, the father or mother succeed in his inheritance, or the brother and sister, if the father and mother be dead ; if there be none of these, (then) the sister of the father or mother, and after- wards they who shall be nearer of kin on the father's side ; and while any of the male sex remain, from whom the es- tate descended, no female shall inherit. Si quis terram hsereditariam habeat, earn non vendat & cognatis haeredibus suis; si illi viro prohibitum sit, qui earn ab initio acquisivit, ut itafacere nequeat. If any person possess hereditary land, he cannot sell it from his kindred heirs ; if it were prohibited to that person, who originally obtained it, that he should not do so. Si quum aurum tibi promissem, tibi ignoranti, quasi aurum aes solverim, non liberabor. If I have promised you gold, and in the stead, owing to your ignorance, pay brass, I shall not be discharged (from the debt). Si rector petat versus parochianos oblationes et decimas debitas et consuetas. If a rector require from his pa- rishioners the offerings and tithes due and accustomed. Si recupaverit tenementa de quibus vir obiit seisitus, te- nens reddat damna, videlicet, valorem dotis, tempore mor- tis viri, usque ad diem, quo per judicium curias seisinam suam recuperaverit. If she shall have recovered the tenements of which her husband died seised, let the tenant pay the damages, that is to say, the value of the dower from the time of the death of the husband, until the day on which she recovered her possession by the judgment of the court. Si super hoc convictus fuerit, feudum de jure amittet. If he shall be convicted of this crime (or offence), he shall, by law, lose his fee. 496 LAW GLOSSARY. Si tamen ad deprivationem aut inhabilitatem rectoris, aut expulsionem scliolaris alicujus per episcopum vel ejus commissarium agatur ; dummodo ad ejus expulsionem concurrat consensus rectoris et trium de septem maxime senioribus scholaribus. If it be done to the deprivation or disqualifying of the rector, or the expulsion of any scholar by the bishop or his commissary ; provided that the consent of the rector, and three (out) of seven of the senior scholars be obtained for his expulsion. Si tamen evidenti argumento falsum jurasse convincan- tur (in quod superius judicium cognoscere debet) mulc- tantur in bonis, de caetero perjuri et intestabiles. If, however, they are proved, by clear evidence, to have sworn falsely (of which a higher court should take cognizance) a fine is levied on their goods, and thenceforth, because of the perjury, they are incapable of giving evidence. Si te fecerit securum. If he shall have made you secure. Si tenens injuste, et sine judicio disseisiverit ipsum quae- rentem de libero tenemento/ If the tenant has illegally, and without (any) judgment, ejected the plaintiff from his freehold. Sit in misericordia pro falso clamore suo. Let him be in mercy for his false suit. Sit omnis vidua sine marito duodecim menses. That every widow remain without a husband twelve months. Vide note to " Quod vidua" &c. Sit quilibet homo dignus venatione sua, in sylvis, et in agris sibi propriis, et in domino suo ; et abstineat omnis homo a venariis regiis ubicunque pacem eis habere volue- rit. That every man be entitled to his hunting, in the woods, and in the fields, of which he is the proprietor ; and in his own domain : and that every one abstain from the royal hunting grounds, wheresoever he (the King) desire they should be unmolested. Si universitas ad unam redit, et stet nomen universitatis. LAW GLOSSARY. 497 If the university (or corporation) be reduced to one, even then the name of the corporation continues. Si un soit mise en le panel et denomination d'un partie, tout l'array est quassable: quod conceditur per omnes justiciaries. If there be a charge in the panel, and the description of a party, all the proceedings are liable to be quashed: which was agreed to by all the judges. Si uxor possit dotem promeri, et virum sustinere. If the wife may deserve her dower, and support the husband. Si vassallus feudum dissipaverit, aut insigni detrimento detenus fecerit, privabitur. If a vassal has wasted the fee, (or estate,) or done any notorious injury thereto, he shall be ejected (or deprived thereof). Sive plus, sive minus. "Whether more, or less. Sive sit masculus, sive foemina. Whether male or female. Sive quis incuria, sive mort repentina" fuerit intestatus mortuus, dominus tamen nullam verum suarum partem (prseter earn quse jure debetur herioti nomine) sibi assumito. Verum possessiones uxori, liberis, it cognationibus proxi- mis, pro suo cuique jure, distribuantur. If any person die intestate, by a neglect or sudden death, yet the lord shall take to himself no part of his effects (except that which is legally due, in name of a heriot). But his prop- erty shall be distributed among his wife, children, and next relations, according to their several rights. Sive volentibus, sive nolentibus mulieribus, tale facinus fuerit perpetratum. Such a disgraceful deed will be committed, whether the women are willing or not. Soccagitjm. " Socage." This was a tenure by which many estates were held under the feudal system. The tenants performed husbandry, &c, for the superior lord of the fee. Sooietas jus quomodo fraternitatis in se habet. A society contains in itself, in a certain degree, a law (or tie) of brotherhood. 32 498 LAW GLOSSARY. Societas Leonina. " The copartnership with the lion." Alluding to the well-known fable, when the lion appropriated all the prey to himself. Soon, communitas, collegium, societas et collegae. The companions, community, college, society and fellows. Sodalbs legem quam volent, dum ne quid ex publica lege corrumpant, sibi ferunto. That the fellows (of col- leges) make for themselves such a law as they please, if they do not violate any public law. Soient mis en la prisone fort et dure. Let them be be put in strong and close confinement. Soit baile aux commons. Let it be delivered to the commons. Soit baile aux seigneurs. Let it be delivered to the lords. Soit droit fait al partie. Let right be done to the party. Soit fait comme il est desire*. Let it be done, as it is requested. Soit mis et demeerge. Let it be fixed and remain. Sokemaneies. " Copy hold tenures." Estates held by copy of court roll, upon the devise or alienation of which, a fine is generally payable to the lord. In many parts of England, lands are now held by copy of court roll, which is .frequently as good, or nearly so, as freehold. Sokemans. Copyhold tenants. Sola, qute de hostibus capta sunt, limitaneis ducibus, et militibus donavit ; ita ut eorum essent, si hseredes illorum militarent, nee unquam ad privatos pertinerent ; dicens attentius illos militaturos, si etaim sua rura defenderent. Addedit sane bis et animalia, et servos ut possent colere quod acceperant ; ne per inopiam hominum, vel per senec- tutem, desererentur rura vicina barbariae, quod turpissimum ille ducebat. Those lands which were taken from the enemy, he gave to the Generals of the Marches (or Bor- ders), and to the soldiers, in order that they should be LAW GLOSSARY. 499 their own (property), if their heirs performed military ser- vice, nor should (such lands) ever belong to those in private life ; remarking, that they would fight the more earnestly, if they defended their own lands. He also judi- ciously added to these lands, cattle and slaves, that they might cultivate what they had received ; lest for want of men, or because of their old age, the neighboring fields (meaning the boundaries of the realm) might be deserted to the barbarian, which he considered most disgraceful. Solempbe crie. Solemn proclamation. Solent foeminarum ductu bellare, et sexum in imperiis. non discernere. The women were accustomed to be led to war, and their sex did not impede their succession to empire. Solent Prsetores, si talem hominem invenerint, qui neque tempus, neque finem expensarum habet, sed bona sua dilacerando, et dissipando, profundit, curatorem ei dare, exemplo furiosi; et tamdiu erunt ambo in curatione, quam- diu vel furiosus sanitatem, vel ille bonos mores, receperit. • " Should the Praetors find such a man, (meaning a profligate,) who has neither end nor limit to his expenses ; but who extravagantly spends his property in waste and dissipation, they appoint a guardian for him, as though he were a mad man, and both shall remain so long under the guardianship, until the mad man recover his senses, or he (the profligate) recover his good morals." This was a judicious proceeding under the Boman laws, and described with considerable ingenuity. Soleee aiunt barbaros reges Persarum, ac Syrorum, uxoribus civitates attribuere hoc modo; hcec civitas mulieri redimiculum, prasbeat; hcec in collum; Jicec in crines, &c. They inform us that the barbarous kings of Persia and /Syria assigned provinces (or states) to their wives, iu this way: this province should provide the lady's attire ; that for her neck ; another for her hair, &c. Solidi legales. Lawful shillings. 500 LAW GLOSSARY. Solis die, quern " dominicum " recte dixere majores, omnium omnino litium, et negociarum finis esset intentio. On Sunday, which the elders properly call "the Lord's day," it was the intention that all manner of lawsuits and business should entirely cease. Solutio pretii emptionis loco habetur. By payment of the purchase money, he stands in the place of the vendor. Solvendum in future "To be paid at a future time." Solvit ad diem. "He paid at the day." Solvit ad, aut post diem. " He paid at or after the day." These were pleas to an action of debt, on bond, or penal bill. Solvit residuum mihi. He paid the residue to me. Solvit residuum per me. He paid the residue by me. Solvuntub tabulse. " The proceedings are dis- charged." This was a phrase in use among the ancient Romans, on the acquittal of a prisoner. Vide note. Son assault. His own assault. Son assault demesne. " His own first assault." The name of a plea, whereby the defendant insists that the plaintiff was the first aggressor. Soulse. A shilling. Spaesim. Scattered about : in several places. Spe pacis. " With a desire for peace." (With the hope of terminating the suit). Spe recuperandi. With the hope of recovering. Spes accrescendi. The expectation of increase. Spoliatus debet ante omnia restitui. One who is robbed, should, before all things, be restored (to his prop- erty). Spondet peritiam artis. He pledges the skill of his craft. Sponsalia. Marriage contracts. Vide note. Sponsio judicialis. A judicial agreement. LAW GLOSSARY. 601 Sponte facta. Things voluntarily done. Sportula. A largess : a present. Spuilsie. The taking away of an owner's effects without his consent. Stabitur huic praesumptioni donee probetur in contrari- um. It will stand (agreeably) to this presumption, until the contrary be proved. Stabe decisis. " To abide by decisions :" to rest on decided cases. Stare decisis, et non quieta movere. To adhere to decided cases, and not agitate matters which have been es- tablished. Starrtjm. A deed or contract. Vide note. " Stat fortuna improba nocte Arridens nudis infantibus. Hos fovet omnes, Involvitque sinu." " Dame Fortune stands by night, and smiling bland, To helpless children reaches forth her hand; Her fostering care such infants still engage, She feels their wants, and knows their tender age." Stat pro ratione voluntas. " My will stands in the place of reason." Applied to a tyrant who governs ca- priciously. Statuimus ut omnes liberi homines fcedere et Sacramen- to affirment, quod intra et extra universum regnum Anglitx Wilhelmo Eegi domino suo fideles esse volunt ; terras et honores illius omni fldelitate ubique servare cum eo, et con- tra inimicos et alienigenos defendere. " "We ordain that all freemen affirm by league and oath, that they will be faithful to King William their Lord, as well within as with- out the whole realm of England; and that they will every where preserve, with all fidelity, his lands and honors, and defend him against enemies and foreigners." This was the feudal oath of fidelity, or fealty, taken to William the Conqueror. 502 LAW GLOSSARY. Status. The state : circumstance : condition : also the interest in lands. Statuta pro publico commodo late interpretantur. The statutes are expounded liberally for the public advan- tage. Statutum de cibariis utendis. The statute for the regulation of provisions. Statutum de finibus levandis. The statute relating to the levying of fines. Statutum de malefactoribus in parcis. The statute relating to such as commit crimes in parks. Statutum de moneta. The act relating to the coin. Sterlingum. Sterling. Vide note. Stet processus. Let the process be stayed. Stet prohibitio. Let the prohibition stand. Stet rei agendi potestas. Let the ability of perform- ing the thing remain. Stillicidium.- — The dripping of water from the eaves of a house. Stieps. The stock : lineage : race. Stowe. A valley. Steenuo opponente. By a vigorous opposition. Striota et coarcta. Compressed and concise : " mul- turn in parvo." Stricti juris. Of strict right (or law). Stricti sensus. Of a precise meaning. Strictissimi juris. Of most rigid right (orlaw). Stricto jure. In strict law (or right). Suapte natura. In its own nature. Suaviter in modo, fortiter in re. Gentle in the man- ner, but vigorous in the execution. Sub-boscus.- — Underwood. Sub chartse expositione. Under the declaration of the charter (or deed). Subinfeudationes. " Sub-Feuds." Feuds given or LAW GLOSSARY. 503 granted by a donor or feoffor who held from a superior proprietor. Sub feudi interpositione. Under the interposition of the fee. Subhastatio. An auction sale among the Komans, where a spear was set up to denote the place of sale. Subita radice" retenta est ; stipitS crura 1 teneri. ' ' While the root is secure, the trunk is secure :" or " the root is held by its shoots, as the branch is held by the trunk." Sublata causa, tollitur effectus. The cause being re- moved, the effect ceases. Sub manu congruere. To bargain by a shake of the hand. Vide note. Sub modo. Under a condition : within bounds. Sub pede sigilli. At the foot of the seal. Sub plegiorum datione. Under the giving of pledges (or security) : under bail. Subpcena ad faciend' atornat'. A subpoena to make an attorney. Subpcena ad testificandum. A subpcena to give evi- dence. Subpcena duces tecum. "Bring with you under a penalty." The name of a writ by which a witness is commanded to produce something in his possession, to be given in evidence. Sub potestate curiae. Under the protection (or cus- tody) of the court. Sub potestate parentis. Under the authority of the parent. Sub potestat eviri. Under the control of the husband. Sub privilegio manerii. Under the privilege (or cus- tom) of the manor. Vide note. Subsceiptione testium, non edicto Praetoris, signacula testamenti imponerentur. By the subscription of the witnesses, and not by the Praetor's edict, signets are affixed to wills. Vide note. 504 LAW GLOSSARY. Subsellia. Lower seats or benches for inferior magis- trates. Subsidium justitiee. An aid to justice. Sub spe reconciliationis. In the hope of reconcilia- tion. Substantia prior et dignior est accidente. " The substance (should be considered) as prior to, and of more worth than the accident." This has reference to plead- ings, &c, in courts of law : but judgments cannot now, so easily as formerly, be arrested for a defect in point of form. Substratum. The foundation : the subject matter. SuStilitate juris. By an evasion (or quirk) of law. Sub tutela et cura. Under wardship and protection. Sub vadimonii positione. Under a given pledge. SuB-vicecomes. Under-sheriff. Successiones feudi talis est natura, quod ascendentes non succedant. " The nature of the succession to a fee is such, that the ascendants, (i. e. fathers and grandfathers, &c. ; ) do not succeed thereto." The reason for this was founded on the feudal principle, that lands should not be held by aged persons, who might be incapable of accom- panying the King, or superior lord into the field ; or to perform the other services under which the tenants held their estates. Vide note. Supficit semel extitisse conditionem ; ad beneficium as- securatoris de amissione navis, etiam quod postea sequere- tur recuperatio : nam per talem recuperationem non poterit prsejudicari assecuratori. It is sufficient if the condition once existed, although afterwards a recovery might be the consequence for the benefit of the assured, as to the loss of the vessel : for such a recovery cannot tend to his pre- judice. Suggestio falsi. A suggestion (or incitement) to false- hood, or wrong. LAW GLOSSARY. 505 Suggestio falsi suppressio veri. A false suggestion is a suppression of truth. Sui et necessarii hseredes. His own and proper heirs. Sui generis. "Of its own kind." Not to be classed under any ordinary description. Sui juris. Of his own right. Summa de laudibus Christi ferae virginis (divinum magis quam humanum opus) Qu. 43, § 5. Item quod jura civilia. et leges, et decreta scivit in summo, probatur hoc modo ; sapientia advocati manifestatur in tribus ; unum, quod ob- tineat omnia contra judicem justum, et sapientem ; secun- do, quod contra adversarium astutum et sagacem ; tertio, quod in causa desperata ; sed beatissima virgo contra judi- cem sapientissimum dominum; contra adversarium cali- dissimum diabolum, in causa nostra desperata, sententiam oblatam obtinuit. The consummation of the praise of the uneducated virgin (mother) of Christ (a divine, rather than a human work) Qu. 43, § 5, (is this,) that she knew perfectly the civil, and the statute law, and the decrees, (or ordinances,) is proved in this manner : the wisdom of an advocate is shown in three particulars, first that he ob- tain all things against a wise and just judge ; secondly, against a subtle and sagacious opponent ; thirdly, in a des- perate cause ; but the blessed virgin procured a decisive judgment from the wisest judge, the Lord, against the most crafty opponent, the devil, in our hopeless cause." This is one, of many, of the innumerable specimens of the superstition of some of the writers in the middle ages. Summa et maxima securitas, per quam omnes statu fir- missimo sustinentur, quae hoc modo fiebat, " quod sub de- cennali fidejussione debebant esse universi," &c. The principal and highest assurance, by which all are kept in the safest condition, which was effected in this manner : that " all should be bound under a suretyship often years," &c. Summoneas ad auxiliandum. That you summon to assist. 506 LAW GLOSSARY. Summoneas ad jungandum auxilium. That you sum- mon to lend assistance. Summoneas ad warrantizandum. That you summon to warranty. Summum jus, summa injuria. " Eigid law is the great- est injustice." A too strict interpretation of the law is frequently productive of the greatest injustice ; or, as point- edly expressed, " Apices juris non sunt jus ;" i. e. " The ex- tremity of justice is injustice ;" or " Eight too rigid hardens into wrong." Sunt jura, sunt formulas, de omnibus rebus constitutae, ne quis aut in genere injurise, aut in ratione actionis, err are possit. Expressse enim sunt ex uniuscuj usque damno, do- lore, incommodo, calamitate, injuria, public® a" Prcetore for- mulae, ad quas privata lis accommodatur. There are laws and forms appointed for all affairs, lest any one should err, either respecting the nature of the injury, or the cause of action. Because these public forms, for which a private suit is adjusted by the Prcetor, are expressed (or defined) according to the loss, suffering, inconvenience, calamity, or injury of every person. Vide note to "Actionis Composite" &c Sunt quasdam brevia formata super certis casibus de cursu, et de communi consili totius regni approbata et con- cessa, quse quidem nullatenus mutari poterint, absque con- sensu, et voluntate eorutn. There are some writs framed upon certain particular cases (as a matter) of course, and agreed upon and conceded to by the general assembly of the whole kingdom, which in no case can be altered with- out their consent and approbation. Super altum mare. Upon the ocean. Super breve illud. Upon that writ. Superoneravit. He surcharged. Supersedeas. " You may remove or set aside." A writ so called to stay proceedings. Supersedeas, quia improvide emanavit. That it be superseded, because it improvidently issued. LAW GLOSSARY. 507 Super se susceperunt. They took upon themselves. Super subjectam materiam. " On the matter submit- ted." Thus, it is said a lawyer is not responsible for his opinion, when it is given "super subjectam materiam," on the circumstances as laid before him by his chent. Super visum corporis. On view of the body. Super visum vulneris. On view of the wound. Suppressio falsi, suppressio veri. A suppression of falsehood is a suppression of truth itself. Supra protest. An acceptance of a bill after protest. Supra subjectam materiam. Upon the matter sub- mitted. Sur cognizance de droit, come ceo, que il a de son done. Upon acknowledgment of right, as that which he has of his own gift. Sur cognizance de droit tantum. Upon an acknowl- edgment of right only. Sur concesserunt. " Upon their yielding up." Sur conusans de droit, come ceo, &c. " Upon ac- knowledgment of right, as this," &c. Sur done, grant et render. "Upon gift, grant, and render" (or yielding up). These five last extracts refer to several kinds of fines levied for various purposes as occa- sion required. Yide Black. Comm. Surdre. To arise. Surdus. Deaf. Sur la pie. At the foot. Sur rebut. Upon rebutter. Sur rejoin. Upon rejoinder. Sursum redditio. A surrender : a yielding back. Sur trover, et conversion. Upon trover, and conver- sion. Susceptio super se. A taking on himself. Suscepto super se onere testamenti. Having taking upon himself to discharge the obligation of the will. Suspendatur per collum. " That he be hanged by 508 LAW GLOSSARY. the neck." These words were abbreviated by the clerk of assize in England, and formerly inserted in the margin of the calendar of the prisoners against the names of such who were to be hung : and it has been said that it was the only order to the sheriff for the execution of the criminal. Vide note. Suum cuique incommodum ferendum est, potius quam de alterius commodis detrahendum. Every man should bear his own inconvenience rather than diminish the com- forts of another. Suum cuique tribuere. To give each his own. Suus hasres. A proper heir. Suus judex.- A proper judge. Suzerein. A crown vassal. Swain mote. A court which inquired into offences or grievances committed by officers of the forest, etc. Swoling. A plough land. Syb and Som. Sax. Peace and security. Sylv-E casduse. "Cutable woods." Woods which being felled at certain stated times are titheable ; and said to include every sort of wood, except' gross wood of the age of twenty years. Yid. Bac. Abr. tit. Tithes, c. n. 4. Gross wood does not mean high and large wood, but such wood as is generally used as timber ; and all such wood, if twenty years old, is, by the English law, exempted from tithe. Vide 2 Inst. 462. Sylvestebs. Living in woods. Syngeaphje. Certain deeds and bonds used by the ancients. Vide note. Synoth. Title of Saxon national council. LAW GLOSSARY. 509 NOTES TO S. Sacramentum. — When the ancient Romans engaged in a law suit, a sum of money used to be deposited by both parties, called Sacramentum, -which fell to the successful party after the cause was determined. Vide Festus. Varro de Lat. ling. iv. 36 : or a stipulation was made about the payment of a certain sum, called Sponsio. The plaintiff said, " Quakdo negas hung FUNDUM ESSE MEUM ? SACRAMENTO TE QUINQUAGENARIO PBOVOOO ;" i. e. " Why do you deny that this field belongs to me ; I pledge you to prove it, by de- positing fifty pieces" (of money). Spondesne quingentos, se. nnmmos vel asses, si meus sit ? i. e. si meum esse prdbavero. The defendant said, " Spon- deo quingentos Si Tiros Bit?" Then the defendant required a correspondent stipulation from the plaintiff, thus, "Bt tu spondesne quingentos, ni TUUS srr?" i. e. siprobavero tuum non esse. Then the plaintiff said, "Spondeo, ni meus sit." Vide translation at p. 283. Either party lost his cause, if he re- fused to give this promise, or to deposit the money required. Festus says this money was called Sacramentum, because it used to be expended on sacred rites ; but othess, because it served as an oath, " quod, instar sacramenti, vel jurisjurandi esset," to convince the judges that the law suit was not undertaken without a cause; and this, in many instances, checked wanton litigation. But this condition, however reasonable it may appear, must have borne hard upon the poor man, who, notwithstand- ing he had a good cause of action, could not always find a friend who was willing to enable him to fulfil the Sacramentum. Sacramentum is sometimes put for the suit or cause itself (pro ipsd peti- tions), vide Cic. pro Casein. 33. So sponsionem facere, to institute a law suit. Vide Cic. Quinct. viii. 26. The plaintiff was said "Sacramento vel sponsione provocare," &c. The defendant, " Contendere ex provocatione," &c. Vide Cic. pro Sosc. Com., 13, &c. The same form was used in claiming an inheritance (in blereditatis pe- titione) ; in claiming servitudes, &c. But in the last, the action might be expressed both affirmatively and negatively, thus: "Aio jus esse vel non esse ;" i. e. "I demand whether it be law or not." Salvo contenemento suo. — Lord Coke says that "Contenement," signi- fieth his "Countenance;" as the armor of a soldier is his Countenance; the books of a scholar are his Countenance, and the like. 2 Inst. 88. He also adds that " the Wainagium is the Countenance of the villain ; and there was a great reason to save his wainage, for otherwise the miserable creature must carry the burden on his back." Ibid. Sancta absolutio. — The holy absolution given by the Pope, or Romish Catholic Clergy. The humiliating posture in which a great Emperor im- plored absolution is an event so singular, that the words in which Gregory himself describes it, convey a striking picture of the pontifical power of those days ; and to us would appear fabulous unless the facts were indubitable : the words are these, " Per triduum ante portam castri, deposito omni regio cultu, miserabiliter, utpote discakeatus, et laneis indutus; peristens non prius cum multu fletu apostolicce miserationis auxilium, et consolationem vmpforanli destitit, quam omnes qui ibi aderant, et ad quos rumor iUe pervenil, ad tamtam pietatem, compassionem et misericordiam movit, ut pro eo multis precibus et lachrymis intercedentes ; omnes quidam insolitam nostra mentis duritiem mirarentur : normuUi vero in nobis non apostolicoe sedis gravitatem, sed quasi tyrannical feritatis credulitaiem esse clamdrunt." Epist. Greg. ap. Memoire della Contessa Matilda da Fran. Mar. Florentine, Lucca, 1756, vol. i. p. 11& — i. e. "He continued for three days before the castle door, stripped of his royal robes, in a suppliant posture, barefooted, and clothed in a woollen gar- ment ; and, continuing in great lamentation, received not the aid and com- 510 LAW GLOSSARY. fort of apostolical commiseration, until all who were present, and even those who heard of the same, were moved with pity and compassion for such pi- ety ; and became intercessors for him, with many prayers and tears, wonder- ing at the unusual severity of our judgment. Even some exclaimed that it more resembled the cruelty of a tyrannous proceeding than the dignity of the Apostolical chair." For sanctioning, as was supposed, the violent death of Thomas a Becket, Archbishop of Canterbury, a man who had acquired, by his pretended sanc- tity, an amazing power, Henry the Second, King of England, was compelled by Pope Alexander, to walk barefoot over three miles of flinty road, with only a coarse cloth over his shoulders, to the shrine of the murdered saint ; where eighty monks, four bishops, abbots and other clergy, who were pres- ent, whipped his bare back with a knotted cord ; compelled him to drink water, mingled with Becket's blood ; and to give forty pounds per annum for tapers, to burn perpetually before the martyr's tomb. For opposing him in the appointment of an Archbishop of Canterbury, Pope Innocent the Third, in the commencement of the thirteenth century, excommunicated John, King of England, forbidding all persons to eat, drink, or converse with him, or do him service ; absolving all his subjects from their allegiance ; ordering the other monarchs of Europe to kill him ; and laid the whole kingdom under an interdict, so that every religious privilege was taken away ; every church was shut ; no bell was heard ; no taper lighted ; no divine service performed ; no sacrament administered ; no priest was present ; no funeral solemnities were allowed at the burial of the dead : and no place of interment was permitted but the highways. Tide MarsKs Epit Gen. Ecc. Hist. Soaocabium — Prom the Fr. " Exchequer," i. c. Abacus, Tabula Lusoria • or possibly from the Germ. " Scatz," viz. : Thesaurus. This was an ancient Court of Record, whereunto all causes relating to the revenues, and rights of the crown, were reserved. Camden, in his Briton, p. 113, says, "This court took its name, 'a tabula ad quam assidebant,' (i. e. " from the table where they sat :") the cloth covering it being checkered. The English had it (the court) from the Normans, as appears by the Grand Gustumary, e. 56, where it is described to be an assembly of High Justiciers, to which it apper- tained to amend that which the inferior Justiciers had misdone and unad- visedly judged; and to do right to all, as from the Prince's mouth." And this seems the origin of the Court of " Exchequer Chamber." This court is of considerable, antiquity, being a Court of Record, set up by William the Conqueror, as a part of the Aula Regia, though regulated and reduced to its present order by Edward the First : and was intended principally to manage the crown revenues, and recover the King's debts and duties : though for many years last past, by a fiction of law, any person may sue for a private personal debt, by suggesting in the declaration that he (the plaintiff) is the King's debtor; and that on account of the defendant not paying the demand due to the plaintiff, he is the less able to pay his Majesty. A writ issues called a " Quo Minus," and the defendant is arrested, or served with process. Some have said that this court is called the Exchequer, " Scaccarium," from the checkered cloth, resembling a chess board, which was mentioned before, and covers the large table immediately beneath the judge's seat ; and on which, formerly, when certain of the King's accounts were made up, it is said, that the sums were marked and scored with counters. This court con- sists of two divisions : the receipt of the Exchequer, which manages the royal revenues ; and the court, or judicial part of it ; which latter is again divided into a court of Equity, and a court of Common Law. The court of Equity is, held in the Exchequer Chamber, before the Lord Treasurer, the Chancellor of the Exchequer, the Chief Baron, and three puisne Barons. The common law suits are tried in a similar manner to those of the King's Bench, LAW GLOSSARY. 511 and Common Pleas. The Exchequer Court is inferior in rank, not only to the Court of King's Bench, but also to that of the Common Pleas. The judges of this court go the circuit as the other judges ; but when Exchequer causes are tried at the Assizes, motions for new trials, and for judgment, as in case of non-suit, &c, must be heard before the Barons of the Exchequer, upon consultation with the judge who tried the cause in the county, who gives them his evidence (or a copy) taken at the trial. Until very lately, few attorneys were allowed to practice in the Exchequer Court, but a very con- siderable alteration, in this respect, has been made within a few years past. Scandaluh maquatum. — A statute made in the reign of Richard the Second, was called by this name, by which punishment was to be inflicted on those who uttered scandal, or libelled any noble personage. Scire facias. — This is the name of a writ for many purposes, command- ing the defendant to show cause why a certain specific thing should not bo done ; as why execution should not issue on an old judgment, &c, &c. Scotia leges, &c. — In former days the laws in the Highlands of Scotland, must have been extremely defective, and arbitrarily administered. Force probably was the arbitrator in most cases. "We find it recorded, that when individuals were oppressed, they threw themselves into the arms of a neigh- boring clan, assumed a new name, and were encouraged and protected : but the fear of this desertion had its beneficial effects ; as no doubt it made the chiefs cautious in their government ; and as their consequence in the eyes of others was in proportion to the number of their people, they usually took care to avoid everything that ended to diminish it. It has not been many years that the authority of any regular laws ex- tended to the Highlands. Before that time, the clans were governed in their civil affairs, not by the verbal commands of their chief, but by what was called Clechda, or the traditional precedents of their ancestors. When dif- ferences happened between individuals, some of the oldest men in the tribe were chosen umpires. The chief interposed his authority, and invariably enforced the decision. In their wars, which were frequent, on account of iamily feuds, the chief was less reserved in the execution of his authority; but even then he seldom oxtended it to the taking the life of any of his tribe. No crime was capital except murder ; and that was very unfrequent in the Highlands. It was seldom that any corporal punishment whatever was in- flicted. The memory of an affront of this sort would remain for ages in a family ; and a blow, or personal chastisement, was considered an indelible disgrace ; and they would seize every opportunity to be revenged, unless it came immediately from the hands of the chief himself; in that case, it was taken rather as a, fatherly correction, than a legal punishment for offences. Scribe. — Notaries, or Clerks. The Scribce among the ancient Romans, wrote out all the publio accounts ; the laws and all the proceedings (acta) of the magistrates. Those who exercised that office, were said "scripium facere. " Tide Liv. xi. 46. They were denominated from the magistrates whom they attended, thus, " Scrib Questorii," " JUdilitii" &c., and were divided into different " Decurice," whence decuriam emere, for munus scribce emere. Cic. Verr. iii. 19. This office was more honorable among the Greeks, than the Romans. Vide Nep. Eum. 1. The Scribce at Rome, however, were generally composed of freeborn citizens ; and they became so respectable, that their order is called by Gicero, " Honestus," quod eorum fidei tabulce publiccs, peri- cvlaque magistratuwm committuniur. Cic. Verr. iii. T9 — i. e. " Honorable," because the public acts, and the trials of the magistrates were committed to their care." There were also Actuarii, or Notarii, who took down in short hand, what 512 LAW GLOSSAEY. was said or done, (notis excipiebant.) Vide Suet. Jul. 55. These were differ- ent from the Scribce ; and were commonly slaves, or freedmen. Tide Dio. It. 7. The Scribce were also called " Librarii." Tide Fesius. But Librarii is usually put for those who transcribe books, (Cic. Ait. xii. 6 ;) for which purpose those wealthy Romans who had a taste for literature, sometimes kept several slaves. Tide Mp. Att. 13. The method of writing short hand is said to have been invented by Mceeenas, vide Dio. lv. 1 ; but according to Isidore, by Tiro, the favorite slave and freedman of Cicero. Tide Isid. i. 22. Senec. Ep. 90. Secundum cONSErETUDiKEM mamerii. — The custom 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. Plot's Natural History of Staffordshire : " Sir Philip de Somerville held the manors of Whichenovre, Scirescot, Eidware, Netherton, and Cowlee, all in the county of Stafford, of the Earls of Lancaster, by this memorable service. The Baid 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 bailiff, 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 bailiff 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 Eobert 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 costages. 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 fetchoth the bacon. And when he is come, there shall be delivered to him and his fellows, ehapelets, and to all those which shall be there to do their services due to the bacon. And they shall lead the said demandant with trumps and tabors, and other manner of minstrelsy, to the hall 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 ; which 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 account of which see Leland's Itinerary. ■j-Tfllam, in the language of the time, signified a servant, or bondman. LAW GLOSSARY. 513 And if his said neighbors make oath, 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. nrfy wife, and sithe I had hyr in my kepying, and at my wylle, by a year and-^L day after our marriage, I would not have chaunged for none other: farsr' ne fowler ; richer ne pour- er ; ne for none other descended of greaterTynage ; 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 ; as 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, he 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 corn 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 him, 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, with 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 Stafford, at the costs of his lord of Whichenovre." Selecti jtjdioes, Ac. — Certain persons under the Roman laws could not be selected Judices ; either from some natural defect, as the deaf, dumb, &c ; or by custom, as women and slaves ; or by law, as those condemned upon trial of some infamous crime, turpi et famoso judicio, e. g. calumnice, prcsvari- cationis, furti, vi bonorum raptorum, injuriarium de dolo malo pro socio, man- dati, iuteke, deposili, &c, i. e. " of a disgraceful and infamous judgment (or sentence), viz. of slander, prevarication, (or injuring a client's cause,) theft, robbery of goods, deceitful injuries relating to, or on account of partnership, commission, title, deposit, (or bailment,)" &c. ; and by the Julian law, those who had been degraded from being senators ; which was not the case for- merly. Vide Gic. Gluent. 43. By the Pompeian law, the Judices were chosen from persons of the highest fortune. The Judices were annually chosen by the Prsetor, " Urbanus," or "Pere- grinus ;" according to Dio. Cassius, by the Questors, vide ttxyiy. 7 ; and their names written down in a list (in album relata, vel Alio 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 Prcetor, on benches; whence they were called his Assessors, or Consilium. Vide Gic. Act. Ver. 10 ; and Oonsessores to one another. Gic. fin. ii. 19. Sen. de Benif. iii. V. They were divided into Decuel-e, according to the different orders ; thus, " Decuria senaloria judicium," &c, Cic. pro Cluent. 37. Augustus added a fourth Decuria, (because there were three before, either by the law of An- tony, or of Gotta), consisting of persons of an inferior fortune, who were called "Ducejtarii," because they had only two hundred thousand cesterses, 33 514 LAW GLOSSARY. the half of an estate of an Eques, and judged in lesser causes. Caligula added a fifth Decuria. (Suet. 16). Galba refused to add a sixth Decuria; although strongly urged by many to do it. (Suet. 14.) The office 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 numbqr 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, (sententiam primam pronun- ciare, ut in earn discessio fieret,) vide Cic. Ep. Fam. i. 2, x. 12; or suppress altogether (negare se pronunciaturum) what he disapproved. Vide Cces. de Bell. Civili. 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 transite. Qui alia omnia, in hano 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, (pminis causa.) Vide Festus. He who had proposed the opinion, qui sententiam senatui praistitisset, (Cic. in Pis. 32,) or who had been the principal speaker in favor of it, the Consul, or whoever he was, (Peinceps vel Auctoe Sentential, v. 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, " ILec pars major videtur," (i c. 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 Fathers were said, " Pedibus ferre sententiam," i. e. "to pass the decree with the feet ;" and such decree was called " Senatus consul- tum per discessionem" — i. e. a decree made by vote. Vide A. Gett, xiv. 1. 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 if the Senate was unanimous, the discessio was said to be "sine ulla varietate," — i. e. without any difference of opinion. Vide Cic. pro Sext. 34; if the contrary, it was to be "in magna varietate sententiarum," — i. e. with considerable difference of opinion. lb. 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 Cytt. 14.) A decree made in this manner was called " Tacitum." Some think the " Senatores pedarii, were then likewise excluded. Vide Valer. Max. ii. 2. Jidius Cossar, 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. (Cic. pro CyU. 14.) But this 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 Tac. Ann. v. 4. Public registers (Acta, i. e. tdbulce vel commentarii) 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 fund of information for historians ; hence diurna urbis acta, (i. e. the daily acts relating to the city.) Vide Tacit. Annal. xiii. 31. Acta populi. Vide LAW GLOSSARY. 515 Suet. M. 20. Acta publica. Tacit. Ann. xii. 24. Ubbana. . Plin. Ep. ix. 15, usually called by the simple name "Acta." The decrees of the Sen- ate concerning the honors conferred on Caesar, were inscribed in golden let- ters, on columns of silver. Vide Dio. xliv. 1. 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 integrd,) every one was at liberty to express his dissent, (conlradi- cere, vel dissentire ;) but when it was once determined, (re peractd,) it was looked upon as the common concern of each member, to support the opinion of the majority, quod pluribus placuisset, cunctis tuendum, — (i. e. "what pleased the majority must be supported by all.") Vide Plin. Ep. vi. 13 After every thing was finished, the magistrate presiding dismissed the Senate by a set form, " Non amplids vos moramur," (i. e. ye need not tarry longer ;) or "Ne- mo vos tenet," (i. e. no one detains you), Ac Vide Plin. Ep. ix. 13. Senatus consultum ultimo 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, " Ut consu- mes darent operam, ne quid detrimenti respublica caperet," (i. e. "that the Consuls should take care that the commonwealth receive no harm.") By which decree an absolute power was granted to the Consuls, 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 SoMust. de bello Cat 29. This decree was called "ultimum," or "extremum," Vide Cces. debell. Civ. i. 4. and Formam Scti ultima necessitatis. Vide Liv. iii. 4. By this the republic was said to be intrusted to the Consuls, (permilli vel commendari consulibus, ut rempublicam defenderent.) Servi aut fiunt, &c. — 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 annual 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 "Censuales." 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 "Ministeri ales," and enslaved their bodies, as some of the charters bear evidence, that they might preserve the liberty of their souls. Vide Potgiesserus, " de statu servorum," Kb. 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: " Cum sit omni carnali ingenuitale gen- erosius, extremum quodcumque Dei servitiwm, scilicet, quod terrena nobilitas muU tosplerumq; vitiorum servos facit ; servilus vero Gkristi nobiles virtutibus red- dit; nemo autem sani capitis virtutibus vitia comparaverit, claret pro certo eum esse generosiorem, qui se Dei servitio praebuerit proniorem. Quod ego Ragnal- dus, intettigens," &,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 judgment compares vice with virtue, there- 516 LAW GLOSSARY. fore it is perfectly evident that he is the most exalted who hath humbled himself to the service of God. Which I, RagnoMus, (well) knowing," &e. Another charta is expressed in the following words : " Eligens majus esse ser- vum Dei quam Uiertus seculi, firmiter credent, et sciens, quod servire Deo, reg- nare est, summaque ingenuitas sit in qua servitus comparabatwr Ohristi," &c. Tide Du Cange, voc. " Oblatus," voL iv. 1286, 128?. MabiBon de re diplomat. lib. vi. 632— i. e. "Choosing rather to be the bondsman of God than the freedman of the world, (well) knowing, and firmly believing, that to serve God, is to reign ; and that the greatest freedom is to be acquired by submit- ting to the service of Christ," &c. Seevi nasountt/r, &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. " Servus," vol. vi. p. 447. 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 they possessed, not only in the more early periods, when their manners were fierce ; but it continued as late as the twelfth century. Tide Joach. Potgiesserus, de statu servorum Lerngor. 1737, 4. to lib. 2. c. 1. sec. 4, 10, 13, 24. Even after the jurisdiction of mas- ters was restrained, the life of a slave was deemed to be of so little value that a very slight compensation atoned for taking it away. Idem, lib. 3. c. 6. When masters had power over the lives of their 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 subject to corporal punishments : the severity of these were, in many instances, excessive. Slaves might be put to the rack on very slight occasions. The laws, with respect to these points, are to be found in JPotgiers. 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 " Contubermum," (which see and the note) not "Nuptle," 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 marry in form without the consent of 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. Tide Potgiers. lib. 2. & 3. When the manners of the European 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 their mas- ters. Tide Du Gauge 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 " Adsoeipti gleb^;;" and were conveyed by sale, to- gether with the farm or estate to which they belonged. LAW GLOSSABY. 517 Slavery, at no distant period after the flood, prevailed, perhaps, in almost every region of the globe. (In Germany, and in other countries of Europe, 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 occasion, in the most degrading labor, which a freeman would not do. Among the ancient Germans, ac- cording to Tacitus, 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 "free as the air he breathes," 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 Elizabeth, 1574. Vide Rymer Ob. Stat. 251. Servitus est jus, &c. — 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 " Peculium," 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. Murat. Antiq. Ital. vol. i. p. 768. Consequently, all the effects of the slaves belonged to their masters at their death : and they could not dispose of them by testament. Idem. lib. 2, c. 11. Slaves were distinguished from freemen by a peculiar dress. Among all the bar- barous nations, long hair was a mark of dignity and freedom ; slaves were, for that reason, obliged to shave their heads ; and by this distinction, how indifferent 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 Europe, that no slave should be permitted to give evidence against a freeman in a court of justice. Du Oange voce "Servus," vol. vi. p. 451. Sibyllinx — Certain persons called Quindecemviri, had the charge of the Sibtllixe books; inspected them by the appointment of the Senate, in dan- gerous junctures ; and performed the sacrifices which they enjoined. It be- longed to them, in particular, to celebrate the secular games. Vide Horat. de Oarm, Sox. 72. Tacit. Annal. ii. 11. vi. 12 ; and those of Apotto. Vide Dio. liv. 19. They are said to have been instituted on the following occa- sion. A certain woman called Amalthea, from a foreign country, is said to have come to Tarquinius Superbus, wishing to sell nine books of SibyUine, or prophetic oracles. But upon Tarquin's refusal to give her the price she asked, she went away, and burnt three of them. Returning soon after, she demanded the same price for the remaining six. Whereupon, being ridiculed by the King, as a senseless old woman, she went away and burnt the other three ; and coming back, still demanded the same price for the three which remained. ( Gellius says the books were burnt in the King's presence. Vide Gelt. i. 19.) Tarquin, surprised at the strange conduct of the woman, con- sulted the augurs what to do. They, regretting the loss of the books which had been destroyed, advised the King to give the price required. The wo- man, therefore, having delivered the books, and having desired them to be carefully kept, disappeared, and was never afterwards seen. Vide Dionys. iv. 62. Lactant. i. 6. Gell. i. 19. Pliny, however, says she burnt two books, and only preserved one. Vide Plin. xiii. 13. s. 27. Tarquin committed the care of these books, called Libri Sibtllixa, (ibid.) or Versds, (vide Horat. Carrn.. Scec. 5. Cic. Verr. iv. 49) to two men, (Douavmi) of illustrious birth, one of whom, Attilius or Tuttius, is said to have been punished by Tarquin for being unfaithful to his trust, by ordering him to be sewed up alive in a sack, in cvXeum insui, a id thrown into the sea ; (the punishment afterwards inflicted on parricides In the year 387, ten men (Decemviri) were appoint- 518 LAW GLOSSARY. ed for thia purpose ; five Patricians, and fire Plebeians. Vide Liv. vi. 37, 42 ; afterwards fifteen, as it is thought, by Sylla. Vide Serv. in Virg. JEn. vi. 73. Julius Ccesar made them sixteen, Dio. xlii. 51 — xliii. 51. These Sibylline books were supposed to contain the fate of the Roman em- pire, vide Liv. xxxviii. 45 ; and, therefore, in public danger or calamity, the keepers were frequently ordered by the Senate to inspect them. Vide Liv. iii. 10. v. 13, &e. They were kept in a stone chest, below ground, in the temple of Jupiter Capitolanus. But the Capitol being burnt in the Marsic war, the Sibylline books were destroyed together with it, A. U. 670. Where- upon ambassadors were sent everywhere to collect the oracles of the Sibyls. Vide Tacit. Annal. vi. 12. For there were other prophetic women, besides the one who came td Tarquin. Vide Pausan. x. 12. Lactantius, from Varro, mentions ten, Lilian four. Pliny says there were statues of three Sibyls, near the Rostra, in the Forum, vide xxxiv. 5. s. 10. The chief was the Sibyl of Guma, whom JEneas was supposed to have consulted ; called by Virgil, Deiphobe, Mn. vi. 36, 98, from her age, longceva vivax 321. Vide Ov. Mel. xiv. 104 ; and the Sibyl of Errythrm, a city of Ionia, (vide Oic. divin. i. 18), who used to utter her oracles with such ambiguity, that whatever hap- pened, she might seem to have predicted it, (Id. ii. 54) ; as the priestess of Apollo at Delphi, (Pausan. Iv. 12, &c.) The verses, however, were so con- trived, that the first letters of them, joined together, made some sense, hence called Acrostichis, or in the plural Ackostichides, vide Dionys. iv. 62. Christian writers often quote the Sibylline verses in support of Christianity ; as Lactantius, i. 6. ii. 11. 12, iv. 6 ; but these appear to have been fabricated. Prom the various Sibylline verses thus collected, the Quindecemviri made out new books ; which Augustus, (after having burnt all other prophetic books, fatidid libri), both Greek and Latin, above two thousand, deposited them in two gilt cases, (forulis auratis) under the base of the statue of Apollo, in the temple consecrated to him, on the Palatine hill, vide Suet. Aug. 31, to which Virgil alludes, JEn. vi. 69, &c, having first caused the priests to write over, with their own hands, a new copy of them, because the former books, were fading with age. Vide Dio. liv. 17. Si dominus fcedi, &c. — As Fees, in process of time, became hereditary, the superior lord could not dispossess the heir, on his father's death ; and, if he attempted to do so, a remedy was provided, as appears by the language of the text. Signum CBUOIS, &c. — From these words is derived the phrase to sign a pa- per or deed, instead of " to subscribe." In the ninth century Serebaud, Gomes Palati, though the supreme Judge of the Empire, (by virtue of his office), could not subscribe his name. Vide Nouveau Traite de diplomatique par deux Senedictins, 4to. torn, 2. p. 422. As late as the fourteenth century Du Gueslin, Constable of France, the greatest man in the state, could neither read nor write. Vide St Palaye Memoires sur Vancienne Ghevalerie, tit. 2. p. 82. Nor was this ignorance confined to laymen ; the greater part of the clergy were not many degrees superior to them in science. Many dignified Ecclesiastics could not subscribe the Canons of those councils, in which they sat as members. Vide Nbuv. traite de diplom. torn. 2. p. 424. One of the ques- tions appointed by the Canons, to be put to the candidates for holy orders, was this, " Can you read the Gospels and Epistles, and explain the sense of them, at least literally?" Vide Regino Prumiensis ap. Bruck. His. Philos. v. 3. 631. Alfred the Great complained that from the Humber to the Thames, there was not a Priest who understood the liturgy in his mother tongue ; or who could translate the easiest piece of Latin : and that from the Thames to the sea, the Ecclesiastics were still more ignorant. Vide Asserius de rebus gest. Alfredi, ap. Gamd. Anglica, &c, p. 25 The ignorance of the clergy is ludicrously enough described by an author of the dark ages. " Polius dediti LAW GLOSSARY. 519 gultc quam glossse ; potius colligunt Hbras, quam legunt libroa ; libentius in- tuentur Martha, quam Maroum ; malnnt legere in Salmone, quam in Solomone." Yide Alarms de arte predic. ap. Leberif. dissert, torn. 2. 21 — i. e. " They were more given to gluttony, than to their commentary ; they would rather col- lect money, than read books ; they would rather ogle Martha than pore over Mark ; and would rather read in Salmone, than peruse the book of Solo- mon." To the obvious causes of such universal ignorance, arising from the state of government and manners, from the seventh to the eleventh century, we may reckon the scarcity of books during that period. The Romans wrote those books which they wished to endure, either on parchment, vellum, or on paper made of the Egyptian Papyrus. The latter, being the cheapest, was most commonly used. But after the Saracens conquered Egypt, in the seventh century, the communication between that country and the people settled in Italy, and in other parts of Europe, was almost entirely obstructed, and the Papyrus was no longer in use amongst them. They were, therefore, obliged, on that account, to write their books on parchment, or vellum ; and as the price of that was high, books became extremely rare, and of great value. We may judge of the scarcity of the materials for writting them, from one circumstance : there still remain several MSS. of the eighth, ninth, tenth, and following centuries, written on parchment, from which former writings had been erased, in order to substitute a new composition, perhaps not worth a dollar. In this manner, it is not improbable that many valua- ble books of the ancients perished, through the ignorance of the Monks, and others, who were not acquainted with their real worth. A book of Livy, Virgil or Tacitus, might have been erased to make room for the legendary account of a pretended Saint ; or some worthless tale. Yide Murat. Antiq. Ital 3. 833. P. de Montfaucon affirms that the greater part of the MSS. which he had seen (thoso of a later date excepted) were written on parch- ment, from which some former writing had been erased. Yide Mem. de VAcad. des Inscript. torn. 9, 325. Many of these are to be seen at the Radclijfe Li- brary, Oxford. It has, however, been lately stated, that a method of restor- ing the erased letters to that degree, that they may be legible, has been dis- covered, by an application of ammonia. As the want of the materials for writing is a great reason why so many of the works of the ancients have perished, it accounts likewise for the small number of MSS. of any kind previous to the eleventh century, when they began to multiply, from a cause which shall presently be mentioned. Many circumstances prove the scarcity of books during these ages. Private per- sons seldom possessed any books whatever. Even monasteries, of consider- able note, had only one missaL Yide Murat's Antiq. vol. 9, 789. Lupus, Abbot of Ferieres, in a letter to the Pope, A. D. 855, beseeches him to lend him a copy of Cicero de Oratore, and Quintiliaris Institution ; " for," says he, " although we have parts of these books, there is no complete copy of them in all France." Ibid. vol. 3, 385. The price of books became so high, that persons of a moderate fortune could not afford to purchase them. The Countess of Anjou paid for a copy of the Homilies of Eaimon, Bishop of Alberstadt, two hundred sheep, five quarters of wheat, and the same quantity of rye and millet. Yide Bisioire Liter, de France, par des Religieux Benedic- tins, torn. 1, p. 3. Even so late as the year 1471, Louis the Eleventh bor- rowed the works of Basis, the Arabian physician, from the Faculty of Medi- cine, in Paris ; and he not only deposited in pledge, a considerable quantity of plate, but was obliged to procure a nobleman to join with him, as surety in a deed, binding himself, under a considerable penalty, to restore it. Yide Gabr. Naude. Addit. a VHistoire de Louis XL, par Comines, edit, de Fresnoy, torn. 4, p. 281. Anthony Panormita offered to sell an estate that he might be enabled to purchase a copy of Livy. Of this circumstance we have a curious account, in a letter written by Panormita himself, to Alphonsus, King of Naples, tc 520 LAW GLOSSARY. whom he was Secretary : " Sire — You have informed me from Florence, that the books of Livy, written in a fair hand, are to be sold, and that they ask for them one hundred crowns. I beseech your Majesty to cause to be sent to me this king of books, and I will not fail to send the money for it. I be- seech your prudence to let me know, whether Poggius, or I, do better — he, who to purchase a farm near Florence, sells Livy ; or I, to purchase this book, sell my land ? Your goodness and modesty induce me to put this familiar question to you. Farewell and triumph." History does not record the fact, but it is sincerely hoped that the King sent him Livy, without sub- jecting the scholar to sell his land. Many charters, granted by persons of the highest rank, are preserved, and are very legible ; from which it appears that the grantors could not subscribe their names. It was usual for persons who could not write, to make the sign of the Cross, in confirmation of a charter or deed. Several of these now remain, where kings and persons of great eminence, instead of writing their names, affix the sign of the Cross. Du Gauge voc "Crux," vol. iii. p. 1191. From this circumstance, it is usual to say, "I signed " the bond, &c. This being the state of literature, the memory of past transactions was in a great degree lost, or preserved in annals filled with trifling accounts or legend- ary tales. Even the codes of laws, published by the several nations, which established themselves in different countries of Europe, fell into disuse ; while in their place, customs vague and capricious were substituted. The human mind, neglected, uncultivated, and depressed, continued in the most profound ignorance. Europe, during four centuries, produced but few authors who deserve to be read, either on account of the elegance of their composi- tion, or the propriety and value of their sentiments. There are few inven- tions, useful or ornamental to society, of which that long period can boast. Many curious circumstances with regard to the high price of books, are collected by Gabr. Naude, to whom the reader is referred, should he consider this branch of literary history a curiosity. When any person made a present of a book to a church or a monastery, in which were the only libraries, or nearly so, for many ages, it was deemed a donative of such value, that he offered on the altar " pro remedio animw suae," i. e. "in order to obtain for- giveness for his sins." Vide Mural vol. 3, p. 836. Hist. Lit. de France, torn. 6, p. G. (Many books, even at this day, are to be seen chained in ancient churches in England.) In the eleventh century, the art of making paper was invented, by which not only the number of MSS. increased, but the study of the sciences was wonderfully facilitated. It may be here remarked that numerous valuable paper MSS. are now decaying, whilst those on parchment endure for many ages. "With respect to the material, which ought to be used on the transfer of landed property, parchment should be considered the most advisable article, and it is much to be regretted that it is not more generally used. Si milites, &c. — It is not improbable that some warriors may have written their intentions in this manner ; but however this be, the testament of a soldier, just about to engage, was said to be made " in procinctu," when in the camp, while he was girding himself, or preparing for battle, in the pres- ence of his fellow-soldiers, where, without writing, he named his heir, (nun- cupavit) vide Gic. de nat. D. ii. 3, (from this word " nuncupavil," it is evident we apply the word "nuncupative" to a verbal testament.) Simonia — Simony. " Venditor rei sacrrn," so called, it is said, from there- semblance it bears to the sin of Simon Magus. Though the purchasing of holy orders seems to approach near to this offence. Si mortuo, &,c. — In CowelVs Interpreter, we find the following to be one of the customs of our ancestors, in relation to the state of widowhood. At LAW GLOSSARY. 521 East and West Enborne in Berkshire, (England,) if a customary tenant of the manor dies, the widow shall have what the law calls her free bench, in all his copyhold lands, dum sola et casta fuerit, i. e. "whilst she lives single and chaste : " but if she commits incontinency, she forfeits her estate ; yet if she will come into court riding backwards upon a black ram, with the tail in her hand, and repeat certain words, the Steward is bound by the custom to re- admit her to her free bench. Si petens, &c. — After the trial by battle had, in a considerable degree, de- clined, wager of law became a very common mode of deciding controversies between parties; but if the plaintiff's suit consisted of separate and distinct counts, the defendant, in this case, was not bound to " wage his law." It is very probable that this custom was the origin of prohibiting demands of a distinct nature being included in the same declaration ; whether such a rule should be now so strictly observed, requires the consideration of the judicious and enlightened lawyer. Si quis homini, &c. — Hospitality was so absolutely necessary in the state of society prevalent during the Middle Ages, that it was not then considered as one of those virtues which men may practice or not, according to their own caprice and disposition. Hospitality was enforced by statutes, and such as neglected this duty were liable to punishment. The student is referred to laws of the same import collected by Jo. Fred. Polac. Systema Jurisprud. Germanicce. Lips. 1133, p. 15. The laws of the Sclavi were more rigorous than any that he mentions ; they ordained " that the movables of an inhos- pitable person should be confiscated, and his house burnt." They were even so solicitous for the entertainment of strangers, that they permitted the mas- ter of the house to steal, for the support of his guests. " Quad noctu furatus fueris, eras appone hospitibus," i. e. " What you steal at night set before your guests on the morrow." Vide Rerum Meclesburg, lib. viii. a Mat. Jo. Beehr. Lips. 1751, p. 50. In consequence of these laws, or of the state of society which rendered it proper to enact them, hospitality abounded while the in- tercourse among men was inconsiderable, and secured the stranger a kind reception under every roof, where he chose to take shelter. No nation in the world carried hospitality to a greater length than the ancient Scots. It was even infamous, for many ages, in a man of condition, to have the door of his house shut at all, " lest," as the bards used to express it, " THE STRANGER SHOULD COME AND BEHOLD HIS CONTRACTED SOUL." Some of the Chiefs were possessed of this hospitable disposition to an extravagant degree ; and the bards, perhaps, on a private account, never failed to recom- mend it in their eulogiums. " Cean uia na dai," or "the point to which all the roads of strangers lead," was an invariable epithet given by them to their Chiefs ; on the contrary, they distinguished the inhospitable by the title of " the cloud which the strangers shun." These last, however, were so un- common, that Macpherson says, " In all the old poems I have ever met with, I found but one man branded with this ignominious appellation, and that, perhaps, only founded upon a private quarrel, which subsisted between him and the patron of the bard who wrote the poem." Vide translation of Os- sian's poems by Macpherson, vol. ii. 9 in nolis. Solvuntur tabula — By the word " Tabulce," writings of every kind were called which could be of use to prove the charge in court, particularly ac- count books, (tabulce accepti, et expensi,) letters, bills or bonds, (syngraphce,) Sec. In a trial among the Romans for extortion, the account books of the person accused were commonly sealed up, and afterwards, at the trial, de- livered to the judges for their inspection. Vide Gic. Verr. i. 23, 61, BaW. 5. The Romans were accustomed to make out their private accounts, tabulas, sc. accepti et expensi conficere, vel domesticas raiiones scribere, i o. " to finish their 522 LAW GLOSSARY. accounts of debts and credits, or write out their domestic co.acerns," 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 tabula) which was preserved. Vide 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. Rose. Com. 2, n Joseph a portion of his inheritance, double to that of his brethren ; which wili 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. Solon was the first legislator that introduced wills into 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 England, this power of bequeathing is 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 Eng- land, 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- gence, 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 THL cap. 10, had annexed the possession of the use, these uses being now the very land itself, became no longer devisable : whereupon the statute of wills was made, viz., 32 Sen. VIII. cap. 1, explained by 34 & 35 Hen. VIII. cap. 5, which enacted, that "all persons being seised in fee simple (except femme 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. p. 12. Oar. II. cap. 25, amounts to the whole of their landed property, except their copyhold tenements. As for 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 will not pass without a surrender to the use of the will. Students who desire further information on this subject will consult Lovelass, Powell, Roberts, Roper, Swinburne, &c. Testes. — Among the Romans, free citizens gave their testimony upon oath (juraii). The form of interrogating them was " Sexte Tempani, quoero ex te, arbitrisne, 0. Sempronium in tempore pugnam inisse t" i. e. "I ask of you Sextus Tempanus whether you think G. Sempronius was in the fight at that time?" IAv. iv. 40. The witness answered "Arbitror," (I think so,) vel "non arbilror," (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 different laws, usually no more than ten. Witnesses were said " testimonium dicere, dare, perhibere, prabere" also "pro testimonio audiri." " To declare, to give, to produce, to afford testimony, and also to be heard in evidence." Suet. Claud. 15. The phrase " depositions testium," (depositions 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 tabulas,) but it was necessary that this should be done voluntarily, and before witnesses, (prae- sentibus signatoribus.) Vide Quint, v. 1. The character and condition of witnesses, were, by the Romans, particularly attended to; and no doubt character should have a great weight with every jury, for better is the evi- dence of one man of tried integrity, than the oath of a thousand of infamous character. No one it appears was obliged to be a witness against a near rela- tion, or friend, by the Julian law, vide T. i. D. de test; and never, "more ma- jorum" (by custom of the ancients,) in his own cause (de re sua). Vide Cic. Rose. Am. 36. The witnesses of each party had particular benches in the Forum, on which they sat. Great dexterity was often shown in interrogating witnesses, Cic. pro Flacc, 10; but it does not appear that the ancients had that base plan of confuting and confounding witnesses, upon which many of the modern advocates very wickedly pride themselves. Persons of infamous char- acter were not permitted to give evidence, (testes rum adhibiii sunt,) and there- fore were called " intestdbiles," (Plant.); as those witnesses were, who being once called as witnesses, antestaii, vel in testimonium adhibiti, (formerly called, or brought to evidence,) afterwards refused to give their testimony. Vide Gell. xv. 13. Women, anciently, were not admitted as witnesses, ( Gett. vi. 1,) but in after times they were. (Cic. Verr. i. 37.) A false witness, by the law of the Twelve Tables, was thrown from the Tarpeian Rock, (Gell. xx. 1 ;) but afterwards the punishment was arbitrary, except in war, when a false witness was beaten to death by sticks. (Vide Polyb. vi. 35.) Jews have been sworn in our courts from the earliest times on the Pentateuch ; and no distinction appears ever to have been taken between their swearing in a civil, or in a criminal case. In an old ease, where a witness refused to be sworn in the usual form, by laying his right hand on the book and kissing it afterwards, Glyn, C. Justice, ruled that he might be sworn by having the book laid open before him and holding up the right hand. Vide Dutlon v. Colt, 2 Sid. 6. So, on the trial of some rebels at Carlisle, in the year 1745, a wit- ness being sworn in the same manner, by holding up his hand, the point was referred to the Judges for their opinion, and they all agreed that the witness was legally sworn. Mahometans may be sworn on the Koran ; and, upon the same principle, all persons, according to the ceremonies of their religion. Whatever may be the form, the meaning of the oath is the same. It is calling upon God to witness what we say, and invoking his vengeance if what we assert be false. Vide Rex v. Gilham, 1 Esp. 285. The ancient mode of administering oaths in France, was thus : the witness, if a layman, raised his right hand ; or if a priest, placed it upon his breast. The same form, at least the raising the hand, continued after the revolution, and a deposition taken in France, and sworn to in this manner, was admitted in evidence by the Supreme Court of Massachusetts. 6 Mass. Rep. 262. Atheists, and such infidels as profess not any religion that can bind their conscience to speak the truth, are excluded from being witnesses. Lord Coke, indeed, says generally, that an infidel cannot be a witness, in which denomi- nation he intended to comprise Jews as well as Heathens. And Sergeant Hawkins thought it a sufficient objection to the competency of a witness, that he believed neither the Old nor the New Testament. Lord Hale, how- ever, was of a different opinion, and strongly points out the unreasonableness of indiscriminately excluding all heathens from giving evidence, as well as the inconsistency of compelling them to swear in a form which they may possi- bly not consider binding. " It were a very hard case," he says, " if a murder committed here, in the presence only of a Turk or a 'Jew, should be dis- punishable, because such an oath could not 1)6 taken which the witness holds binding ; and who possibly might think himself under no obligation, if sworn according to the usual style of the courts of England." All doubts upon this subject, were, however, removed by the case of Ornichund v. Barker 548 LAW GLOSSARY. before Lord Chancellor Hardwicke and others ; where it was solemnly de- cided that the depositions of witnesses professing the Gentoo religion, who had been sworn, according to the ceremonies of their religion, ought to be admitted in evidence. And it may now, perhaps, be considered as an estab- lished rule, that infidels of any other country, who believe in a God, the avenger of falsehood, may be received as witnesses ; but infidels who do not believe that there is a God, or a future state of rewards and punishments, cannot be admitted. The student will find some very excellent observa- tions on such evidence in an extremely well-written treatise on the law of Evidence by S. M. Phillips. Vide also Starkie, Archbold, Bentham and Boscoe. Titia, &c. — By the Soman law, after the espousals, if either of the parties wished to retract, (sponsaMa dissolvere, infirmare, vel infringe/re,) which they expressed thus, conditione tuo non utor, i. e. "I do not accept your condition," it was called Repudium. Hence, Repudiates repetor, i. e. " after being re- jected I am sought back." Ter. And. i. 5, 15. .And when a man or woman, after signing the contract, sent notice that they wished to break off the match, they were said Repudium ei, vel amicis ejus mittere. Ter. Phorm. tv. 3, 72 : v. 6, 35. But Repudiate also signifies to divorce either a wife (Suet. Gas. i.) or a husband. Quintil. vii. 8, 2. Traditione, cantimnis aut verbis. — It is generally believed that the use of letters was not known in the north of Europe until long after the in- stitution of the Bards : the records of the families of their patrons, their own, and more ancient poems, were handed down by Tradition. Their poetical compositions were admirably contrived for that purpose. They were adapted to music ; and the most perfect harmony was observed. Each verse was so connected with those which preceded or followed it, that if one line had been remembered in a stanza, it was almost impossible to forget the rest. The cadences followed in so natural a gradation ; and the words were so adapted to the common turn of the voice, after it was raised to a certain key, that it was almost impossible, from a similarity of sound, to substitute one word for another. This excellence is said to be peculiar to the Celtic tongue, and is, perhaps, to be met with in no other language. The descendants oi the Geltce, who inhabited Britain and its isles, were not singular in this method of preserving the most precious monuments of their nation, (tradi- tione, cantiknis aid verbis.) The ancient laws of the Greeks were couched in verse, and handed down by tradition. The Spartans, through a long habit, became so fond of this custom that they never would allow their Laws to be committed to writing. The actions of great men and the eulogiums of kings and heroes, were preserved in the same manner. All the historical monu- ments of the old Germans were comprehended in their ancient songs ; (vide Tacit, de Mor. Germ.) and were either hymns to their gods, or elegies in praise of their heroes, and were intended to perpetuate the great events in their nation, which were carefully interwoven with them. This species of composition was not committed to writing, but delivered by oral tradition. (Vide Abbe le Bleterie Remarques sur la Germaine.) The care they took to have their poems taught to their children ; the uninterrupted custom of re- peating them upon certain occasions ; and the happy measure of the verse, served to preserve them for a long time uncorrupted. This oral chronicle of the Germans was not forgotten in the eighth century ; and probably it would have remained to this day, had not learning, which is too apt to think everything not committed to writing fabulous, been introduced. The Peru- vians had lost all other monuments of their history ; and it was from ancient poems which his mother, a princess of the blood of the Yncas, taught her son, that he collected the materials for his history. If other nations, then, that have been often overrun by enemies, and had sent abroad and received LAW GLOSSARY. 549 colonies, could for many ages preserve by oral tradition, their laws and his- tories uncorrupted, it is much more probable that the ancient inhabitants of the northern parts of Britain had the works of the bards handed down with purity : and from part of those it is very probable that some of the maxims of the English Common Law had their origin. Vide Macpherson's Dissert. Concern, the ^Sra of Ossian. Traditio nihil,