Qlnrtifll IGam ^rlianl SItbrarg Cornell University Library KF 159.T23 1864 The law glossary: belno a selection of t 3 1924 022 835 437 Cornell University Library The original of tliis bool< is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835437 THE LAW GLOSSARY: BEDia ▲ BELSOnOH 07 THS GREEK, LATIN, SAXON, FEENCH, NOEMAN AND ITATJAN SENTENCES, PHRASES, AND MAXIMS, FOUND IN IBS J^EASISO ENCUSH AND AMERICAN REPORTS, AND ELEMENTARY WORKS WITH HISTORICAL AND EXPLANATORY NOTES. ALPaiBETIOALLT ABEANGED, AND TRANSLATED INTO ENGLISH, FOB THE tIBB OP TEl: MEMBERS OF THE LEGAL FBOFESSION, LAW STUDENTS, SHERIFFS, JUSTICES OF THE PEACE, ETC. ETC. DEDICATED, (bT PEEMIBSION,) TO THE HONORABLE JOHN SAVAGE, LITE OIXXEF JUBTIOK OF THE STTPEXUE OOUfiT OF THE BTA,TB OF KBW TOB& BY THOMAS TAYLER, AmSOB or "FBEOEDEMTS of wills, DBAWir CONFOBIhUBLT TO THS BxnaED BTATirrES of tqb btate of :7BW tobs.^* SEVENTH EDITION, REVISED, CORRECTED AND ENLARGED. BY A MEMBER OF THE NEW YORK BAR. NEW TOEK: JOHIT S. VOOEHIBS, LAW BOOKSELLER AND PUBHSHEB, No. 20 Nassau Stebet. 1864. Jforthern District of New York, ss. : Be it BEiffiMBEBED, That on the second day of November, In the fifty-eighth IL. S.] year of the Independence of the United States of America, A, D. 1883, Jaues IfesiTEB, 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, Saion, French, Norman and Italian Sentences, Phrases and Maxims, found in the works of Lord Coke, Shower, Peere Williams, Sir William Blaokstone, Sir Francis Buller, Vezey, Chancellor Kent, Beeves, Diirnford and East, Taunton, Sellon, Johnson, CoVcn, 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, Bheriife, Justices of the Peace, Ac, &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. MILLEE, Clark o/thi Northern JHetrict qfJitew iorXs. Entered according to Act of Congress, in the year 1845, by JiMBS J. StbWabt, in the Clerk's office of the District Coart of the United States, Ibr the Southern Dia- trict of New Tork. Entered according to Act of Congress, in the year One thousand eight hundred and fifty-flve, BY LEWIS & BLOOD, la t ^ Clerk's office of the District Court of the United States, for the Soutbeni District of New York. Jornr W. Amebuan, Law Fbihtee, No. 4T Cedar St, N. Y. PREFACE. ■VTHETBrBK or not it is to be regretted that almost all our Law pub- lications abound with Sentences, Quotations, and Maxims chiefly ex- tracted from the dead languages, it is not the author's purpose to inquire. He has been led to examine the propriety of presenting this compilation, from observing that the student, although well educated, frequently becomes disgusted 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 Eeporta. The author, in this undertaking, has endeavored, to the best of his ability, to meet the diflBculty alluded to ; and although, in so great a number as nearly five thousand translations, he may not Lave 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 our judicial decisions have reference to analogous cases a^ndged 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 acripta of our ancestors, founded on the traditional consent of many successive ages. Lord CoJce remarks "that the Maxims of the Gommon 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, (ieing parts of sentences,) no precise idea can be formed of them ; and it is only by a pernsal IV PEE FACE, 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 ungram,matieal ; 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- em 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 Boman authors, for the illustration of the most prominent part of the quotations found in the esteemed Com- mentaries of Sir William Blaekstone, 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 Boman 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 Boman 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 Boman 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 Boman Law will be frequently observable ; for, as a learned author justly remarks, " various are the reasons drawn from the splendid monuments of Justinian, and from the castellated re- mains of Feudal grandeur, ' rich with the spoils of time,' instructive as well as amusing to the student." PREFACE TO THE FOURTH EDITION. The great ntflity 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 fonrth. It is, indeed, extremely pop- ular with the profession, and has become an almost indispensable adjunct of every law-library. Kor 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 oar citizens, no less than the members of the other le&rned professions, cannot fail to derive profitable instruction from its pages. Its matter has been carefully gathered, with judgment and great good taste, from tho 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 wa 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 hnndred 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 continnance of the patronage and favor it has hitherto received. Kiw ToBK, Mucb l5t I85S. CERTIFICATES. AusAUT, February 1st, 1830. SiE— Yours of -tlie 26th ult. is receiyed. I hscve no donU 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 Sataoe. 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 essenrially aid the progress of the student. F. P. Hunn, (late District Attorney,) Monticello, Gr. 0. Beldbh-, same place. I have perused the manuscript of " the Law Glossary,'' which ap- pears to be a copious work and faithfully executed. I should snpposa its publication will be useful to the profession. April 22, 1830. W. T. MoOodn, (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 Vait Ness Yatbs, (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 othe) literary and professional men, as well as to gentlemen of the bar. Albany, Oct. 28, 1883. Jas. li. Wimon, D.D. LAW GLOSSARY. A AVES ET TKNER. To hare and to hold Ab actis. ^A person who has charge of acta, publie 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 cat*le. Abalibnatio vel translatio dominii vel proprielatis. 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. Abaritare, from JSax. Aharian. — — To disclose to a magistrate any secret crime. Abatamentum. An entry by istrusion. Abbas. An Abbot. Vide note. Abbatis. A steward of the stables ; an ostler. iiBBATissA. ^An abbess. Abbattee maison. To ruin or throw down a house. Abbettavit, incitavit, et procuravit, &o. — -He abetted, incited, and procured, &c. Abbeocamentum. The forestalling of a market or fair. Abbuttals. ^Properly, the limits or boundary linea 8 LAW GLOSSAHT. of lands on the ends, as distinguislied from lihose of the sides. Vide note. Abcaeiaue. To take or carry away. Abdite latet. He lurks privily. Abditobium. ^An abditory or hiding place to conceal plate, goods, and money. It is also sometimes used for a place in which relics are preserved. Abduceeb. To abduct, to take away by force. Abeaeance. Deportment, bearing, or behavior Abegit pecora. He drove away the cattle. Aberemuedbb. Plain or manifest murder, as dis- tinguished from the offence of manslaughter and chance- medley. The Saxon word for open, or manifest,- is " cebere" and " morth" murder. Abeyance. Suspense, expectation. An estate is said to be in abeyance, that is, in expectation, where there is no person existing in whom it can be vested ; the law considering it as always existing, and ready to vest when a proper owner appears. Abiaticus. ^A grandson. Abigeatoe. &e Abactor. Abigei. Persons who stole cattle. Ab inconvenienti. ^From the inconvenience, Ab ingressu ecclesiae. " From entering the church." These words composed part of the writ of excommuni- cation. Ab initio. — r-From the beginning. Ab intestate. From (or by) the intestate. Abjeotire. To lose a cause by default or neglect to prosecute. Abjudicaee.-^ To deprive of a thing by the decision of a court. Abjueaee. To forswear; to renounce or abandon upon oath. Abmatebteea. ^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. Abeasio. An erasure. Abeoceuk. A broker. Abeogate. ^To repeal. Absoile. To absolve, to pardon. Absolute Conveyance. — Conveying the right or prop- erty in a thing free from any condition or qualification. Absolute Eights. — ^The rights which belong to per- sons as individuals, viz., the right of personal security, personal hberty, and the right to acquire, hold, and dis- pose of property. Absolute Waeeandice. ^A warranty against all in- cumbrances. Absolutum dominium in omnibus hcitis. Absolute power in all things lawful. Absolutum et directum dominium. The absolute and direct ownership, (or fee simple.) Absoniaee. To detest and shun. Absque abstractione, amissione, seu spoliatione, portare tenentur, ita quo pro defectu dictorum communium porta- tonmi seu servientium suorum, hujusmodi bona et catalla eis sic ut prefertur dehberata, 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 liAW OLOSSABT. Absque aliquo inde reddendo.' ^WitKout yieldkg anything therefrom. Absque consensu majoris partis praefectorum collegio- rum. Without the consent of the major part of the prefects of the colleges. Absque general! senatu, et populi eonventu et edicto, Without the general convention and order of the senate and people. Vide note to "Is ordo." Absque hoc, quod feoffavit in forma, &e. ^Without this, that he enfeoffed in form, &c. Absque impetitione vasti. — ^-Without impeachment of waste. Absque probahili 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. AsuNDAiTS cautela non nocet.— — ^Abundant caution does no injury. Abut. To limit or bound. Ac ATE, 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. AcoEDAS 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. Acceptilatig. It is a mode of releasing a person from an obhgation without payment, called an imaginarv LAW GLOSSJiBT. 11 paymeat. Bmt only verbal contracts could thus be dis- solved, the form being verbal by question and answer. AcCESSAEY. 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. AcCESSOEiuii non ducit, sed sequitur suum principalfim. An accessory does not lead, but follows his principal. AocESSORius sequitur naturam sui principalis. ^An accessory follows the nature of his principal. AcciDENS quod per custodiam, ciiram et dUigentiam mentis humanse evitari non potest An accident which cannot be prevented by the watehfiilness, care, and dili- gence of the human mind, AcoiON sur le case. An action on the case. Acco. Abbreviated from Actio, an action. AccoLA. A husbandman. Accolade. From the Fr. " aocoler," " 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. Acceedulitake. To purge one's self of an offence by oath. AccRESCERE. To grow to ; to accrue. Acousaee debet nemo se ipsum. No person should accuse himselfi. Ac etiam billae. And also to the bill, (or writ.) AcQUiETATUS inde. Therefore he is discharged (or acquitted). AcQuiETATtJS inde de praemissis. Therefore he ia acquitted of the matters. Acta exteriora indicant interiora secreta. The out- ward acts show the secret intentions. Actio accrevit. ^An action has accrued. Actio bon» fidei.^ ^Action of good faith. 12 LAW GLOSSARY. Actio commodati direota. An action brought to re- cover a thing loaned, and not returned. Actio commodati contraria. — —Action brought to com- pel the execution of a contract. Actio de dolo malo. Action of fraud. Actio ex empto. ^An action of purchase ; brought by the buyer to obtain possession of the thing sold. Actio ex yendito. — ^An action of sale ; brought by the seller to recover the price of the article sold and de- livered. Actio fiirti. ^Action of theft. Actio finium regundorum. An action to determine boundaries between adjoiuing 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 jtist 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. IS forcibly taken, and to recover a penalty of triple their value. AcTiONAEE. — ^i. e. in jus voeare. To prosecute one in a suit at law. Actionem prsecludere debet. He ought to bar the action. AcTiONES compositae sunt, quibus inter se homines dis- ceptarent ; quas actiones ne populus prout vellet institueret, certas solennesque esse volueruut. Actions are so pre- pared (or adjusted) in which men litigate with each other, that they are made definite and established (or customary) lest the people proceed as each may think proper (in his own case). Vide note. Actiones in personam, quae adversus eum intenduntur, qui ex contractu, vel delicto, obhgatus est aliquid dare, vel concedere. Personal actions which are brought against him, who, either from contract or injury, is obhged 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," (or is sustainable.) AcTOE. A plaintiff. Actor sequitur formam rei. " A plaintiff follows the course of proceeding" — ;i. e. according to the nature of the property to be recovered. Actum agere. " To labor in vain," alluding to a Eo- man judgment once pronounced which was in general irrevocable. Vide Oic. Amic. 22. Actus curise neminem gravabit. An act of the court diaU prejudice no one. As where a delay in an action is the act of the court, neither party shall suffer for it. 14 LAW ©IiOSSABT. AcrxJS legitimi non recipiunt modum. -Acts refoired by law admit of no qualification. Actus Dei nemini fecit injuTiam. The act of God injures no one. Actus legis nemini facit iajuriami Tlie act (or pro- ceeding) of the law injures no person. Vide note. Actus me invito factus, non est mens 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 fecit, 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 offencCy than " colors in the bow." Ad admittendum clericum. To admit a dark (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 iintil 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 audiendnm 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 niusaoce (or grievance). LAW GLOSSABY. 16 I Ad eompotetti.— — To accsount. Ad consulendem, To counsel. Ad curiam. At a court. Ad custagia. Expenses of judicial proceedings. Ad custodiend' sub certis conditionibus, et quod ipsa paratus est ad deliberand' eui vel quibus cur' consideravit, &o. Sed utrum conditiones illae ex parte prsedicti quae- rentis adimpletae sunt ipse' omnino ignorat et petit quod idem J. S. premuniatur.- — For safe keeping under cer- tain conditions, and whicb be is ready to deliver to bim, or to tbose persons tbe court sball see fit, &c. But Yrbetber the conditions on tbe 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 debnquendum. 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 reoepta hodie sententia est, ut nemo ausit contra dicere. The decree (or decision) was this day so re- ceived that no one daired to dispute it. Ad eversionem juris nostri. To the overthrow of our right. Ad excambium. To recompense. Adeprimes. For the first time. Aderere. 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 bis personal appearance. 16 LAW GLOSSARY. Ad exhaereditationem episcopi, vel ecclesisB.— — To ihe disinheriting tlie bishop or the church. An faciendum attornatum.- To appoint an attorney. Ad faciendum, subjiciendum, et recipiendum. To do, submit and receive. Ad Mem bonam statuit pertinere notufa esse emptoii vitium quod noscet venditor. Batio 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 aqu». To the middle line of the stream. Ad firman. To farm. Ad finem litis. To the conclusion of the suit. Ad gaolas deliberahdas.^ 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. Adhdo remanet qusedam scintilla juris et tituli, quasi medium«qmd, 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. IiATV GLOSSAET. 17 Adhuo sub judice lia 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, creditur hodie inter testatorem et, hasredem 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 " Hberedes 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 proborum et legalium hominum com' n'ri SoutKton quam per depositiones quorum- cunque testium, ac omnibus aliisviis mediis quibuscunque, " Si Prior aut Prioratus S'ci Swiihini Winton, in jure domus, siYePrioratus, fuit seisitus in quibusdam terris vocat' Wood- crofts, &c. ut parcell' de manerio de Hinton-Bavhney : Necnon " SiHenricus pater noster (in ejus vita) Dominus Edwardus /Scxtus Eegina Maria, aut nos ipsi, a tempore dissolutionia Prioratus aS^ 'a Swithini" &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 HinUm- Daubney : or if Henry our Father (in his lifetime) our Lord Edward the Sixth, Queen Mary, or we ourselves (were seiijed) from the time of the dissolution of Saint Swithin' s Priory," &c. Ad instructiones reparationesque itinemm, et pontium, nullum genus hominum nuUiusque dignitatis ao venera- tionis mentis, cessare oportet. That no description of 2 18 LAW GLOSS ABT. persons, of whatever dignity and consequence, should refiise assistance in the making and repairing roads and bridges. Adikatus. Strayed, lost. Aditus. ^Public road. Adjudicabitue 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, Yide note to " Gompurgatores." Adjudicatio. " An adjudgment." One of the legal modes of obtaining property among the ancient Eomans. Yide 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 Qreek calends." The calends were a division of time among the Spmans, but not so with the Greeks — consequently the phrase "Ad Kalendas Groecas," was synonymous to stating what was impossible to happen. Thus we say of an unprincipled debtor, " he wiU pay ad Kalendas OrcecasJ" Adlegiaee— or aleir, Fr. To purge himself of crime by oath. Ad legem Falcidiam. According to the Fahidian law. Ad libitum. At pleasure : at will. Ad litem. To (or in) the suit or (controversy). Ad majus. At the most. Admallaee. To sue. Ad matrimonium colendum. To contract matrimony. Ad medium filum aquae. To the middle Hue of the water. Ad medium filum vise. To the middle line of the road. Adminicle. To aid or support. Adminiculatob. An ofBicial in the church of Rome, LAWaLOSSABT. 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, Administbator 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 executor, 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 setate. 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 f o test the validity of the will. Ad nocumentum liberi tenementi 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. Adonques, 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 defunctaiMm animarum salute. For pious uses and purposes, and to the persons and relations of the deceased ; to servitors and 20 LAI*- GLOSSARY. neigbboTS, or to others for the -welfare of the souls of the departed, '-■ Ad poenam, et restituendam, For punishment and restitution. At) 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'speciaHa. T6 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 prseceptum 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 (direicted) to such Sheriff that he should cause him to be summoned. Ad quod damnum To that injury. Ad rationem ponere. To place to account. Adrahmare. To pledge solemnly. Adeeotare. To make amends. Ad reparationem et sustentationem. For the repairing an'd maintenance. Ad requisitionem defendehtis.-^ — At the defendant's request. LAW GLOSSAET. 21 Ad reson. ^To oj^U to account., , Adsallire. ^To assail Adscbiptus gleb^.^ 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 partipularly 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, yoluntai^ily, , . Ad terminum annorum. Eor a term of years. , Ad terminum qui praeteriit. For an expired term. Ad tractandum et consilium impendendum. ^To exer- cise and weigh advice. Adteactus. 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 aetatem sex decem annorum. Then being a gentleman and piore than six- teen years of .age. Ad unguem. (Accomplished) to a tittle. Finished. Ad usum et commoduin.-^ For the use and benefit. Ad usum et commodum infantia. For the use and benefit of the infant. Ad valorem. According to the value,, , Ad veniendum coram justiciariis adcompotum suum reddendum.-^ To come before the judges to render his account. Adveesus profugium ac solatium praebent; delectant domi; non impediunt foris; pernoctant nobiscum, peyegri- 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 niglit with lis ; go abroad, and accompany us in our rural walks. Ad vigessimum primum, et eousque juvenes sub tutelam reponunt. To the twenty-first year, until wMcb 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 domini. ^At the will of the lord. ADvoluntatemdomini secundum consuetudinem, &c. A-t the will of the lord according to the custom, &c. Advowsoit. ^A right of presentation to a church or benefice. Vide note. -SUdificare in tuo proprio solo non licet quod alteri noceat. ^It is unlawful to buUd on thy own land, what may injure another. ^QUE bonis adnumerabitur etiam, si quid est in actioni- bus, petitionibus, persecutionibus ; nam et hsec in bonis esse videntur.' ^Also if there be anything (left) in actions, petitions, or suits, they shall be accounted as chattels. For these seem also to be considered as the property (of the deceased). ^QUE pauperibus prodest, locupletibus seque. Equally profitable to rich and poor. jEquitas sequitur legem. Equity follows the law. ^EiE ; aeria accipitrum. " An airy of goshawks." Airy is the proper term for that, which of other birds we call a nest This word is generally said to come from the Fr. aire, a hawk's nest. Spelman derives it from the iSax. eghe, an egg, softened into eye, (used to express a brood of pheasants,) and thence eyrie, or aerie, a repository for eggs.- .^s debitorem leve ; graviorem inimicum lacit. ^A slight sum makes a debtor ; a large one an enemy. LA-W GLOaSABY. 23 jEstimatio capitis. The value of a man's head. Among the early Saxons the life of every man, including even the king himself, was valued at a certain price, which was called the cestimatio capitis. jEtas infantise proxima. The age next to infancy. ^tas pubertati proxima. The age next to manhood. jEtate probanda. A writ which lay to inquire wheth- er the king's tenant, holding in chief by chivalry, was of full age to receive his lands into his own hands. Affeerb. To assess an amercement. Affeebers. Those who in courts leet, upon oath, moderated and settled the fines and amercements. Afferunt domino tres palfridos, et sex asterias narenses ad inquisitionem habendam per legales, &c. 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. Affidabe." To plight one's faith, or give, or swear fealty, i. e. fidelity. Affidatio dominorum. The oath taken by a lord in parliament. Affilabe. 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. Afflictionem afflictis addere. To distress the dis- tressed. Affoboiaee. To add, to make stronger or increase. Affeateb. To terrify. Affri. Beasts of the plough. A FOBTiOEi. ^By so much the stronger ; by a more powerful reason. Agalma. The impression, or image on a seaL Agabd.' An award. 24 LAW GLOSSARY, Agenfeida.-^ The true owner. Agenhine. — — ^A domestic ; the name given by the Saxons to one belonging to the household. Agentes et consentientes pari poena pleotantur. ^That the agents and abettors be punished alike. AGE-prier : aetatem precare ; or, setatis precatio. " Aid-prayer." Is when an action being brought against a person under age, for lands which hei hath by descent; he, by petition, or motion, shows the facts to the court, and prays that the action may stay until full age. ■ Aggeegatio mentium. A mutual agreement. Agild. ^Free from the usual penalty for an offence. Agillee. From the Sax. a gilt (without feult).' ^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 sidei. 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 in turn; arable lands change yearly. AiEXTL. A grandfather. AlSNE. ^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, " rec?- ditus albi" in contradistinction to rents reserved in work, grain, &c., which were called " redditusnigri" or black mail. Albanus. An Alien, Album breve. ^A white, or blank precept. Vide Ed). 130. LAW GLOSSARY. 25 Al comon ley, avant le stat. cle West 1, c. 12, si ascun ust estre appeal, et ust estre mute, il serra convict de felony. At common law before tlie statute of Westminster, 1, c. 12, if any one was charged with an offence, and remained mute, lie was convicted of felony. A lege su£e dignitatis. By right of his own dignity. Alia enormia.' Other great offences. Alia lex Eom» ; alia Athenis. There is one law at Eome ; 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. Bom 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 aa infant under father or guardian's authority, and a wife under her husband's control. Alieni solo. ^In another's soil. A I'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 LAW GLOSSAET. Aliquid possessionis et niliil jmis. Somewiat 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. Alitee non. Otherwise not. Alitee quam ad virum, ex causa regiminis et castaga- tionis uxoris suse, licite et ration abUiter pertinet. Other- wise than what legally and reasonably belongs to the hus- band, on account of governing and chastising his wife. Vide note. Alitee, 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. Allegiaee. To defend, or judge in due form of law. Alleb sans jour. " To go without day." To be finally dismissed the coxirt. Allocatue. ^It is allowed. Allodium est proprietas quae a nuUo recognosoitur. LAW GLOSSARY. 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. Alluminoe. 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. Mist. Tithes, 217. Alnage. Ell measure. An alnager was a swbrn 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. Alterum non tedere. ^Not to injure another. Altius non toUendi. 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 Eoy. 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 Mnd of xmcertainty of which there can be 28 LAWULOSSAET.. no reasonable, doubt. These last two extracts are fre- quently applied to clauses in deeds or wills ; but the in- ferences drawn from them are distinct in their principles. Ambiguitas verborum latens verificafione suppletur; quam quod ex facto oritur ambiguum, verificatione facti toUitur. 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 do.ubtfii]) plea." A plea for delay. Ambulatoria voluntas. As long as a man lives he has the power to alter his will or testament. A MEETSA et thoro. "Erom bed and board." A divorce between, husband and wife, which does, not make the marriage void, ab initio, or from the beginning. Yide note. Ameecement.—- — A light or merciful penalty imposed by the court upon the officers of the court, sheriffs, 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. Yide note. Amitteeb legem terrse, 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 ioe possession. Ampliare jurisdiGtionem.-f-— To increase the jurisdic- tion. , LAW GLOSSARY. 29 Ampliaee justitiam. To enlarge (or extend) the right. Anatocism. -Coinpoiind interest. Akcient demesne, or domain, An ancient inherit- ance. — " Vetus patrimonium dommi." Vide note. Anfeldtthde, Sax. A simple accusation. Vide note. Angahia. The compulsory service required by a feudal lord from his tenant. Animalla. ferse naturse.— — 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 testandi. 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 steahng. 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 notiohibus. By (or from) those more known. Ante exhibitionem hillse. Before the commencement of the bill, (or suit.) Ante litem contestatem. Before the suit be contested. 30 LAWQLOSSABT. Antenati. ^Bom before. Ante occasum solis. Before sunset. Anticheesis. ^A contract or mortgage by wWcli tbe creditor receives the fniit or revenues of thetbing pledged, instead of interest. It is recognized by tbe Louisiana Code, and the modern Welsh mortgage resembles it ; but in gen- eral it is obsolete. Antiquum moUendinum.' '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 JRomans) every field and bu'xling 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 conseUle, il pent nyer le faict dont il est accuse. After LAW GLOSSARY. 31 that, lie 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 PRIOEI. 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-S 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. Arabe. To plough. Aro^lor, ploughman. Abalia — mis-spelled arnalia and aratia. Arable lands. Aratia. ^Arable lands. Aratrum terrse. ^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 virL By the judgment of an honest man. Aroa cyrographica, sive cyrographorum Judseorum. This was a common chest, with three locks and keys, kept by certain Christians, and Jews, wherein by order of BicJiard 32 LAW GLOSSABT. the First, all tlie contracts, morlgages and obligations be- longing to the Jews^ were kept to preyent fraud. Arcana imperii. — ^The secrets of the empire. AEOTAet salva custodia.^ — -In close and safe custody. ' Aecui meo uon confldo. "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. Aegentifodina. — ■• — 'A silver mine. Argentum album. Silver coin. Aegtimentum ad. crumenam. An argument, or ap- peal to the purse. Argumentum ad hominem. An argument (or appeal) to the person : a personal application. Aegumentum ad ignorantiam. Argument founded on ignorance of the fact, (as shown by an opponent.) Aegumentum ad verecundiam. An argument (or appeal) to the modesty (of an opponent). tArieeisment. "Surprise — affright." To the great " arierismenf and " esienysmenf of the common law. Vid. Eot. Pari 21 Edw. dd. Aeimnanni. 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 BdbertsorCs Charles 5., Appendix. Aema dare. "To present with arms — ^to make a knight." Arma capere, or suscipere to be made a knight. Yide Rennets Faroch. Antiq. 288, and Wahingham, p. 507. The word " arma" in these places signifies only a sword; but sometimes a knight was made, by giving him the whole armour. Aema libera. "Free arms." A sword and lance. LA-WGLOSSAKY. 33 These ■were usually given to a servant wlien made free. Vide Leg. Will. cap. 65. Arma moluta. Sharp weapons that cut, opposed to those which were hlunt, which only break or bruise. Vide Bract, lib. 3. Arma 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, "Prima vestierunt cam 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 ofilce 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, 840. 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 memariam 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. Arpen, or Arpent. An acre or furlong of ground ; and according to the old Fr. account in Domesday Booh, one hundred perches make one " arpent," 3 34 LAW GLOSSAET. Aeeameur. -Title given by the Normans to officers employed to load vessels. Aeeentaee, -To rent. Arrester. To stay : to arrest. Arrha. A proof of a purchase and sale. Earnest money. Arriekban. The proclamation which the sovereign issued in feudal times to his vassals, to summon them to military service. Aes-S! et pensatas. " 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. AsPORTAliE,— To carry away. Assartum.— - — Land cleared and cultivated. Assecueatoe, qui jam solvit sestimationem mercium deperditarum, si postea dictse sint, an possit oogere domi- num accipiendas illas, et ad reddendam sibi sestimationem quam dedit ? Distingue 1 Aut merces, vel aliqua pars ipsarum appareant, et restitui possint, ante solutionem sestimationis ; et tunc tenetur dominus mercium illas reoip- ere, et pro ilia parte mercium apparentium liberabitur as- securator ; nam qui tenetur ad certam quantitatem respectu certBB speciei dando ilium, liberatur ; ut ubi probatur. Et etiam quia contractus assecurationis est conditionalis, sci- licet si mercea deperdantur ; non autem dicuntur perditse, si postea recuperantur. Verum si merces non appareant in ilia pristina bonitate, aliter fit Kstimatio ; non in tantum, sed prout hie valent. Aut vero post solutam aestimationem ab assecuratore, compareant merces ; et hinc est in electione mercium assecurati, vel reoipere 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 ' ^ LAWGLOSSAET. 85 Either the merchandise or some part thereof shoiild 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 Jiem, or to retain the price. AssEDATiON. A Scotch name for lease. AssEZ. Enough. ASSIDEEE, or ASSEDARE. To tax. AssiGNETUR autem ei pro dote sua, tertia pars totius terrse mariti sui, qu£8 sua fuit in vita sua, nisi de minori dotata fuerit ad ostium ecclesias. 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 fioced 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 : 38 LAWGLOSSAEY. " "We shall leil suith say, And na suith conceal for nothing we may, As far as we are charged upon the assize, Be (by) God himself, and be (by) our own paradise. As we will answer to God upon the dreadful day of Dome." AssiSTEEE, 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 God a5soi7e." AssuMPSEEUNT super se. — ■ — They took upon them- selves. AssuMP&iT. 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. AsTEiOT. To bind. Vide note. At si intestatua moritiir cui suus haeres nee extabit, agnatus proximus famiUam 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 wMcli the memory of man is not to the con- trary," which extends as far back (in the %aZ acceptation of the words) as the Crusades. Atrium. A court before a house ; and sometimes a church yard. Attacak To tie or bind, ATTACHLiMENTA bonorum. A distress taken upon goods, where a man is sued for personal estate, or debt. Attinotus. "Attainted." A person is said to be attainted, when convicted of murder, treason, &c. Attornaee. To transfer. Au bout de compte. At the end of the account ; after aU. Audi alteram partem. Hear the other side. Audita querela. The complaint having been heard. Auditor compotae. 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 Sunt de gratia, et non de jure ; cum depend- eant ex gratia tenentium, et non ad voluntatem domino- nun, 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). Ficfe note. 88 LAW GLOSSAEY. AuxiLiOE vassallum in lege. ■" I assist my vassal in his suit." Something as the Patron did his Client under the Boman 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. AvEEi^ carucse. ^Beasts of the plough. AVERIA elongata.— ; — Cattle eloigned. AvEESio 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 SolomJs laws were written upon at Athens. NOTES TO A. • Abalienatio, vel TEAN3LATI0 DOMnni, &c. — ^The transferring of the property of the res mancipi among the ancient Romans, Tras 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 ; " aecipere," to receive it. Plant. Cure. iv. 2, 8. Trin. ii. 419. Pont. iv. 5, 39. 8u,% mancipii esse, to be one's own master ; to be subject • to the dominion of no one. Cic. ad Brut. 16. So, mancipare agrum alieui, to sell an estate to any one. Plin. Ep. vii. 18. Smancipare fundos, to divest one self of the estate, and con- vey it to another. Jd. x. 3. Cicero commonly uses mancipium, and nexum or nexus, as of the same import, pro Muren. %—pro Place. 32. Ccedn. 16, but sometimes he dis- tinguishes them, as de Harusp. 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 eessio, or cessio in jure, i. e. a 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 Preetor, or President of a province, who adjudged them to the person who made good his claim legally {vindicanti addieebat), 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 Momans, was by Usucaptio, when a person obtained the property of a thing by possessing it for a certain time, without interrup- LAW GLOSSARY. 39 Hon, — Empiio sw5 corona, i. e. purchasing captives in ■war ; who wore a crown when sold. Aiictio, where things were exposed to sale, a spear being set up, and a public crier calling out the price ; Adjudicaiio, Do- natio, &e. These will be mentioned in subsequent notes. Abbas. — ^It appears that monasteries were originally founded in retired places, and the religious had little or no concern with secular affairs, being entirely subject to the prelates. But the abbots possessing most of the learning, in ages of ignorance, were called from their seclusion to aid the churches in opposing heresies. Monasteries were subsequently founded in the vicinity of cities : the abbots became ambitious, and set themselves to acquire wealth and honors ; some of them assumed the mitre ; threw off their dependence on the bishops, and obtained seats in Parliament. For many centuries, princes and noblemen bore the title of abbots. At present, in Catholic countries, abbots are regular, or such as take the vow, and wear the habit of the order ; and commendatory, such as are secular, but obliged, when of suitable age, to take orders. The title is borne, also, by some persons who have not the government of a monastery ; as bishops, whose sees were formerly abbeys. JEncyc AonoNES COMPOSTT^ SUNT, &c. — Amongst the Romans, if the parties could make no private agreement, they both went before the Prastor. Then the plaintiff propos«(i the action which he intended to bring against the defendant, and demanded a writ [actionem postulabat), from the Prcetor for that purpose. For there were certain forms (formulce), or set words {verba concepta) necessary to be used in every cause — {Formulce de om- nibus rebus constitutes. Cic. Rose. Com. 8) — i. e. forms (of writs) were settled for all things. At the same time the defendant requested that an advocate or lawyer should assist with hia counsel. There were several actions for the same thing. The prosecutor chose which he pleased, and the Prcetor usually granted it, {a^tioriem vel judicium dabat vel reddebat,) i. e. giving or rendering him a suit or judgment. Oic. pro Ccecin, &a. ; but he might also refuse it. The plaintiff, having obtained his writ, offer- ed it to the defendant, of dictated to him the words. This writ it was un- lawful to change, (mutare formulam non licebat,) i. e. it was unlawful to change its form. Senee. de Ep. IIT. The greatest caution was neces- sary in drawing up the writ {in actione vel formula concipienda), i. e. in devising the form of the writ or action ; for if there was a mistake in one word, the whole cause was lost. {Cic. de invent, ii. 19., i offices, and even pensions them- selves, were, it is said, granted, and held as fiefs; and military service was promised and exacted on account of these. Vide Hist. Bretagne torn. ii 78. 690. How absurd soever it may seem to grant or to hold such precarious property as afief it was properly an ecclesiastical revenue, belonging to the clergy of the church, or monastery, who performed that duty ; but these were sometimes seized by the powerful barons. In order to-ascertain their right to them, they held as fiefs of the church, and parcelled them out in the same manner as other property to their sub-vassals. Boquet reeeuil des Hist. vol. x. 238, 480. The same spirit of encroachment which rendered fiefs hereditary, led the nobles to extort from their sovereigns hereditary grants of office. ALLcmiroii — A person bo called who anciently illuminated, or painted upon paper or parchment, particularly the latter, the initial letters of charters and deeds — the initial letters of the chapters of the Bible were formerly often beautifully gilt and colored ; and at this day we some- times see old MSS. exhibited for sale in the windows of large cities, with the initial letters elegantly illuminated, and many are to be found in the different Museums of Europe. A MZKSA ET TnoEO — A divorce from bed and board does not dissolve the marriage ; for the cause of it is subsequent to the marriage, and supposes the marriage to have been lawful — this divorce may be by reason of adultery in either of the parties ; for cruelty of the husband ; and for other reasons. And as a mvoree a mensa et thoro does not dissolve the marriage, so it doth not debar the woman of her dower ; or bastardize the issue ; or make void any estate for the life of the husband and wife. Vide Co. Litt. 235. 3. Inst. 89. 7. Rep. 43. Amicus odkki^ — If a judge be doubtful, or mistaken in a matter of law a stander-by may inform the court as " amicus curiai," i. e. a friend of the court, Co. Inst. 178. In some cases a thing is to be made apparent by suggestion on the roll, by motion ; and sometimes by pleading ; and sometimes as " amicus curia." Vide 2 Keh. 648. Any one as " amicus curia," may move to quash a vicious indictment, for in such case, if there M LAW GLOSSARY. were a tria., and verdict, judgment must be arrested. Comb. IS. In 1 Show. Hep., a counsel urged that he might, as "amicus curia," inform the court of an error in proceedings, to prevent giving false judgment : but this was denied, unless the party was present. There does not seem to be any good reason for this distinction. Amitteee libeeem legem— That is, that he should " lose his protection in law," as " liber homo," or a freeman ; and be subject to the same laws aa the " servi," or "adscriptitii glebce." See notes to both. Ahoient demesne— These words are frequently found in the English law books. It means a tenure, whereby all the manors belonging to the crown in the days of Saint Edward and William the Conqueror were held. The number and names of all the manors were, after the great survey made in the last-mentioned king's reign, written in the book of Domesday : and those which by thiit book appear, at tliat time, to have belonged to the crown, and are contained in the title " Terra Regis," are called " ancient demesne." Vide Kitch. 98. It appears that- thoselands only are " ancient demesne" at this day, which are written down in the book of Domesday — and whether they are " ancient demesne" or not, is to be tried only by that book. Vide i. Salk 51. ' i Inst. 269. Hob. 188. Anfeldtthde — ^A simple accusation. The Saxons had two sorts of ac- cusations, viz. simplex and triplex : that was called single, when the oath of the criminal, and two men were suiScient to discharge him — but his own oath, and the oaths of five persons were required to free him " a triplici accusatione," (from a triple accusation.) Blount. Vide leg. AdeU stani. AnBrrEE — ^An arbitrator was frequently made use of among the Bo- mans : this "arJiier" judged in those cases which were called "bonce fi- dei," and arbitrary, and was not restricted by any law or form ; (totius rei arbitrium habuit et potestatem ;) i. e. he had the arbitrament and power over the whole cause ; he determined what seemed equitably in a thing not sufficiently defined by law. Festits. Vid. Oic. pro. Hose. Com. 4. 6. Off. iii. 16. Topic 10. Ssnec. de Benef. iii. 3. '7. Hence he is called " Honcrarius." Cio. Tusc. v. 41. de Fato 17. Ad arbitrium veljudicem ire, adire, confugere ; i. c. to come, to go, to hasten to arbitrament, or judg- ment. Cic. pro Rose. Com. 4. Arbitrium, snmere, capere ; i. e. to receive or take an award. Arbitrium adigere; i. e. ad arbitrium agere, vel cogere; I. e. to force one to submit to an arbiti-ation. Cic. Off. iii. 16. Top. 10. — Ad arbitrium vocare, vel appellare ; to call one, or compel him to arbitrate. Plant. Rud. iv. 3. 99, 104. — Ad, vel apud judicem, agere, experiri, litegare, petere ; to require, to seek, to try, to sue, and request judgment. 'But arbiter, and judex arbitrium, and judicium, are sometimes confounded. Vide Cic. Rose. Com. 4. 9, Am. 39. Mur. 12. Quint. 3. Arbiter is also sometimes put for testis. Vide Flacc. 36. Sallust. Cat. 20. Liv. ii. 4. Horace used the word as the master, or director of the feast. Vid. Od. ii. 7. 23. — (Arbiter bibendi.) — ^A person chosen by two parties by compro- mise {ex compromisso], to determine a difference, without the appoint- ment of the Rrcetor, was also called " arbiter," but more properly " com- promissarius." AssiGKETUK, cfec. — No doubt marriages were, for some considerable time, formerly celebrated at the door of the church, where, it appears, verbal settlements were made by way of dower, out of the husband's lands, in the presence of sufficient witnesses. Abtbici — In old Scotch law, the cultivators of the land in each barony LAW GLOSSARY. 45 ■whether temporal or spiritual, ■were bound to bring their corn or other grain to be ground at the particular mill of the territory. This service was a very vexatious one, for they ■were charged a heavy duty or toll upon their grain. This duty ■was termed a multure, and those lands which required this service ■were said to be astricted. If they evaded this service or thirlage, as it was called, and carried their grain to another mill, they were liable to a fine or dry multure. See Sir W. Scott's note to the Monastery. Adxiua nuNT, &o. — The feudal landlords were sometimes called upon to assist the chief lord of the fee, ou the marriage of his eldest daughter, and for other purposes, when required. As these aids were voluntary, the sums obtained depended on the good will the tenants retained to- wards their lords. A VIN0OT.O MATKiMONiL — A divorce of this kind absolutely dissolves the marriage, and makes it void from the beginning, the cause or causes of it being preceifemt to the marriage. On iAis divorce dower is gone. But it is said, the wife shall receive all again that she Brought with her, be- cause the nullity of the marriage arises through some impediment ^rior to the marriage ; and the goods of the wife were given for her advancement in marriage, which now ceaseth ; but this is mentioned to be the case, where the goods are not spent ; but if the husband give them away, dur- ing the coverture, without any collusion, it shall bind her. If she knows her goods which are unspent, she may, it is said, bring an action of de- tinue for them; and as for money, &o., which cannot be identified, she would probably obtain relief in a court of equity. Vide Dyer. 62. JVe/s. Abr. 575. This divorce enables the party to marry again. Where lands were formerly given to the husband and wife, and the heirs of theii bodies in frank marriage, if they were afterwards divorced the wife was to have her whole lands. After a sentence of divorce in the spiritual court of England (causa prcecontractus), the issue of that marriage shall be bastards, so long as the sentence stands unrepealed ; and no proof shall be admitted at common law to the contrary. Vid. Oo. Lit. 235. 1 Nels. 674. In such case, the issue of a second marriage may inherit, until the sentence be repealed. 2 Leon. 207. A divorce for adultery was anciently a vinculo matrimonii ; and therefore in the reign of Queen MHz. the opinion of the church of England was, that after a divorce for adultery, the parties might marry again ; but in Foliamb^s case,' 44 Eliz. that opinion was changed, and Archbishop Bancroft, by advice of the divines, held that adultery was only a cause of divoree, "a menM et thoro." Vide 3 Salk. 138. B. Bacbeeend. Applied to a thief caught with the stolen article on his back. Baculo et annulo. "With staff and ring." The insignia of the Homan Catholic bishops. Baculits nunciatorius. " The proclaiming -wand or staff." Also a rod frequently used by the criers of courts. 46 LAW GLOSSARY, Bailiwick. The jurisdiction of a bailiff. Bailler. " To deliver" over to bail.. Balneari fures. These were idle thieves, -who fre- quently visited the public baths at Eome, and stole the clothes of the persons -who bathed there. Vide note. Banco. "In Bench." As "dies in banco," or daja in which the court sits. Banccs regis. The king's bench. Bancus ruptus. "A broken bank." From which the word " Bankrupt." Banleuca. A space or district surrounding certain towns, cities, or religious houses protected by peculiar privileges. Barcaria. ^A house or shed to keep bark for tan- ning purposes. Baron et feme. The husband and wife. Barratta. — • — A, contention ; a quarrel. Barrattet. It appears that the etymology of this word is doubtful. It is probably from the Italian larra- trare, to cheat ; it appears to be any act of the master or mariners of a criminal nature, or which is grossly negli- gent, tending to their own benefit, to the prejudice of the owners of the ship, and without their privity or consent. Vide 1 Stra. 581, 2 Stra. 1173, Cowp. 143, 1 Term Sep. 323. Basileus. A king : a governor. Bastard eigne. The eldest son born in concubinage, where the father and mother afterwards married. Bastaedus nullius est filius ; aut Alius populi. -" A bastard is no man's son ; or the son of llie people." He is legally no man's issue. Bastaet. One born out of lawful wedlock. Battel ot bataille. Single combat. Battellus. A small boat or skiff. Beatus qui leges, juraque servat. That man is blessed who keeps the laws and ordinances. LAW GLOSSARY. 47 BEArPLEADEE. Fair pleading. BedeFordshire Maner. Lestone redd' per annum XXII lib., &c. ; ad opus reginse ii uncias auri. Bedford- shire Manor. That Leyton pay annually twenty-two pounds, &c. ; and two ounces of gold for the queen's use. Bello parta, cedunt reipublicse. Being obtained in war, they are given up to the state. Belluinas atque ferinas immanesque Longobardorum leges accipit. (Italy) received the savage, wild, and monstrous laws of the Lombards. Yide note, Bellum intestinum. A civil war. Bene advocat captionem. He rightly advises tho taking. Bene cognovit actionem. He fairly confessed the action. Bene cognovit captionem. He rightly acknowledges the taking. Beneficia. Benefices : Gifts : .also church livings. Vide note to Allodum. Beneficium competentise. In Eoman law, the right which an insolvent debtor had, when he made over his property for the benefit of his creditors, to keep what was honestly requisite for him to live according to his condi- tion. Beneficium non datur nisi propter officium. A benefide is not bestowed unless it be because of some ser- vice or duty. Beneplacitum. Good pleasure. Benign^ faciendas sunt interpretationes chartarum, ut magis valeat, quam pereat. The interpretation of writ- ings (or deeds) are construed favorably in ofder that more may prevail than be lost. Benigne interpretamur chartas, propter simplicitatem laicorum. We explain deeds favorably because of the simplicity (or ignorance) of laymen. 48 LAW GLOSSARY. Beeeafodon. They bereaved. Berewica. A village belonging to some town or manor. Besayel. Great grandfather. Bestes. " Beasts ;" often meaning in the law books, ." game." BiBLiOTHEOA. A library. V-ide note. BiELBEiEF. In maritime law a statement famished by the builder of a vessel of her length, breadth, and di- mensions in every part. Sometimes the terms of the bar- gain between the builder and owner are included in this document. It corresponds with the English, French, and American 're^'ister, and is equally necessary to the lawful ownership of a vessel. BiENS. Goods : chattels : wealth. Biens meubles et immenbles. Goods moveable and immoveable. BiGAMUS. One guilty of bigamy. BiLLA cassetur. That the bill be quashed. BiLLA excambii. A bill of exchange. BiLLA vera. The indorsement made by a grand jury in old times upon a bill of indictment, if they found evi- dence sufficient to sustain it. BiLL^ nundinales. Fair (or market) bills. BiNOS, trinos, vel etiam senos, ex singulis territorii quadrantibus. (They were summoned) by two, three, and even by six, from every part of the district (or coun- try.) BiEAUBAN. To rob. BiEAUBODEDDN. They robbed. Bis petitum. Twice asked. Blada crescentia. The growing grass (or grain.) Bona. Goods : personal estate. Lord Coke says this word includes all chatties, as well real as personal. Co. Lit. 118, 6. It is however generally used to designate moveable property. LAW GLOSSARY. 49 Bona civium. The citizens' goods. BoJSTA felonum, &c. ideo plene prout abbas habuit. Tbe cbattles of felons, &o. and tbat as folly as the abbot en- joyed. Bona fide asportavit. He carried off (the chattels) in good faith (or with a good intent). Bona fide ; et clausula inconsuet' semper inducunt sus- picionem. ^In good faith ; and unusual clauses always create suspicion. BON^ fidei venditorem, nee commodorum spem augere nee incommodorum conditionem obscurare oportet. It behoves a vendor of integrity neither to increase the ex- pectation of profits, nor conceal the state of the disadvan- tages. Bona gestura. Good behavior. Bona gratia matrimonium dissolvitur. Mutual agree- ment dissolves the marriage. Bona immobilia. Immoveable effects ; as lands, i houses, &« Bona mobilia.— — Moveable things ; as mortgages, bonds, &c. BqnA notabUia. " Extraordinary (or notable) goods ;" as bonds, mortgages, specialties,, bills of exchange, &c. Bona paraphernalia. Goods which the wife has for her own separate use ; as rings for her fingers, ear-rings, &c. Bona patria.' " An assize of countrymen, or good neighbors ;" sometimes called " assiza bona patrice," other- wise "juratores." Bona peritura. Perishable goods. Bona vacantia. " Goods left (or having no owner :) goods lost ;" those liable to be taken by the first finder. Bona waiviata. " Goods waived." Goods which had been stolen, and thrown away, or relinquished. Bon brevato. A happy suggestion : a good hint Bones gents. Good men. 4 50 LA-W GLOSSARY. BoNi et legales homines. Good and lawM men. BoNi judicis est ampliare jurisdictionem. -It is the province of a good judge to increase the jurisdiction (or power). Bonis non amovendis. " That the goods be not taken away." A precept issued where a writ of error has been brought, in order that the goods be not removed until the error be tried, or determined. BoNiTAS tota sestimabitur cum pars evincitur. The goodness (or value) of the whole may be estimated when a part is proved. Bono et malo. "For good and evil." The name of a special writ of gaol delivery. Bonus. A consideration given for what is received : a premium paid to a grantor or vendor. BoEDLANDS. The lands which the old lords par- ticularly reserved to furnish food for their table or board. BoRGE. A pledge. Boscage. — -That food which trees yield for cattle. Botes. Wood cut off a farm by the tenant for the purpose of repairing dwelling-houses, bams, fencing, .Ac, which the common law allows him, without any prior agreement made for that purpose. BoVATA terrse, -An ancient measure of land ; as much as one ox can plough. Brachium maris, in quo unusquisque subjectus domini regis habet, et habere debet hberam piscariam. -An arm of the sea, in which every subject of the lord the king, hath, and ought to have, free fishery. Brephotrophi. Persons charged with the care of nouses for foundlings. Breve de extento. A writ of extent. Breve de recto. ^A writ of right. Brevia domini regis non currunt. The king's writs do not run ; (are inoperative). LAW GLOSSARY. 51 Beevia formata. -"Special writs." "Writs mado to suit particular cases. Bketia fermata super certis casibus de cursu, et de com- mune consilio totius regni concessa et approbata. "Writs usually framed on special cases, and allowed, and approved <}f by tte general advice of the whole kingdom. Brevia judicalia. Judicial writs. Brevia magistralia. Magisterial writs. Brevia originales. Original writs. Brevia testata. Attested writs. Breviarium. The name of a code of laws, compiled ander the direction of Alaric II. king of the Visigoths, for the use of his Roman subjects. Brevibus et rotulis liberandis. A writ or mandate to the sheriff to deliver to his successor, the county, and the appurtenances ; with the rolls, brrefe, remembrances, and all other things belonging to the office of sheriff. Briepe de recto clause. "Writ of right close. Brut0M fulmen. A harmless thunderbolt ; a noisy but ineffectual menace : a law neither respected nor obeyed. BuRGA. House-breaking. BuRGi latrocinium. Burglary: the robbery from a castle or mansion-house. Bursa. A purse. Butts. The short pieces of land at the ends of fields which are necessarily left unploughed when the plough is turned around. They are sometimes termed headlands, and the same pieces on the sides, sidelings. Butts and bounds. ^Words used in describing the boundaries of land. Properly speaking, lutts are the lines at the ends, and bounds are those on the sides if the land is of rectangular shape. But in irregular shaped land, lutts are the points or corners, where the boundary lines change their direction. 52 LAWGL0S8ART. NOTES TO B. Balneaei pukes. — ^As the public baths of the Bomana are so frequently noticed in the Classics, it may not be improper to say a few-words concern- ing them. In laler times of the Soman empire, the ^omares before snpper, used always to bathe, (for using little or no .linen, this custom was very necessary.) Vide Pkmt. Stich. v. 2. 19. The wealthy had their baths for the family, both cold and hot, (at their own houses.) Gic, de Oral, ii, 55. There were also public baths for the use of the citizens at large {Bor. Ep.Vj, where there were several apartments for men and women. , SPhese halntari fwres used to steal the clothes, leaving the bathers in no very agreeable situ- ation, when they wished to return home. Each bather paid to the keeper (or overseer) of the bath a small coin {guadrans). Hor. Sat. i. 3. 137. The usual time for bathing was two o'clock {odava hard) in summer ; and three in winter. The Romans, before bathing took yarious kinds of exercise {exer- ciiaiiones campesires, post decisa negotia, campo), — ^i. e. field exercises in the camp after business was ended ; as the ball or tennis, throwing the javelin, or discus, quoit, &c., (vide JSor. Od. i. 8. 11,) riding, running, leaping, &c. ; from this it appears that the Romans bathed when warm with exercise. Belluiitas, &c. — Italy, it is true, accepted, or was rather compelled to ac- cept, laws of the Barbarians, who laid her waste ; and the state in which she appears to have been for several ages, after the i>arbarous nations settled there, is the most decisive proof of their cruelty, as well as the extpnt of their depredations. Tide Mwatori Antiqtdtates Jtalicce medii cevi, dissert. 21. v. 2, p. 149. ei siib. The stafe of desolation in other countries of .Earope was very similar. In some of the most early charters now extant, the lands granted to the monasteries, or to private persons, are distinguished by such as were cultivated, or inhabited, and such as were "eremi," desolate. In many in- stances, lands were granted to persons, becaiise they had taken them from the desert {ab eremo), and had cultivated and planted them with inhabitants. Muratori adds that during the eighth and ninth centuries Italy was greatly infested with wolves, and other wild beasts ; another mark of want of popu- lation. Thus Italy, once the pride of the ancient world, for its learning, science, prowess, fertility, and cultivation, was reduced to the state of a country, newly peopled, and lately rendered habitable, leaving an awfid ex- ample and warning to avoid the luxury, effeminacy, pride, cruelty, and oppres- sion of the inhabitants of that once imperial country. BiBLiOTHEOA. — A Library. Festiis. — A great number of books, or the place where they were kept, was by the Romans called " BiblioOieca." . The first famous Ubrary was collected by Ptolemy Philaddphus, at Alexandria in Egypt, B. C. 28i; and contained, it is said, 700,000 volumes. Vide GeU. vi. 17. The next by Attains or Eumcnes, king of Pergamus. Plin. xiii. 12. Adjoin- ing the Alexandrian library was a building called " Museum," vide Plin. Ep. i. 9., for the accommodation of a college or society of learned men, who were supported there at the pubhc expense, with a covered walk and seato, where they might dispute. Stral. 17. — ^but the word Museum is used by us as mean- ing a. repository of curiosities ; as it also seems to be by Pliny xxvii. 2. s. b, A great part of the Alexandrian library was burnt by the flames of Ccesafs flSet. Tide Plutarch in Cass, and Dio. 43. 38. It was again restored by Cleopatra, who, for that purpose, received from Antony, the library of Perga- mus, then consisting, it is said, of 200,000 volumes. Pluiarch'in Anton. It was totally destroyed by. the Saracens, A. D. 642. The first public library at Rome, and in the world, as Pliny observes, .was erected by Asinius Pottio (Plin. vii. 30. &e.,) in the Atrium, or Temple of Liberty ( Ovid. Xrist.), on Mount jiwerfne. Mart. xii. 3. 5. Many privatepersons had good libraries. Sic. Libra- ries were adorned with statues and pictures, particularly of ingenious and learned men. The books were put in presses, or oases, along the walls which were sometimes cumbered, ' CAW GLOSSAEY. 58 c. Cabelleeia. ^Spanish measure for a lot of land one hundred feet front, and two hundred deep. Cadeel To fall or eome to an end. Cadit assiza, et vertitur in juratum, The assize ceases, and it is turned into a jury. Cadit in perambulationem. It falls by the way. Cadit qu^stio. " The question falls" : L e. if matters are as represented, " qwoBstio cadit," the point at issue admits of no farther discussion. Caducaey. Eelates to forfeiture or confiscation. C^TEBA desunt The rest is wanting. Calends. The first day of the month in the Eoman calendar. Cameea scaccarii. The chamber of the exchequer. Camera stellata. " The Star Chamber." An odious court once held in England, but many years since abolished. Campana A bell. Campi partitio. " Champerty — a division of the land." This is an offence mentioned in the law books — ^it is the purchasing a right, or pretended right to property, under a condition, that part when obtained by suit shall belong to the purchaser. Vide note. * Campom partire. To divide the field. Cancellaeia ^The court of chancery. Oancellaeius. The chancellor. Candi]j)ATI.: "Candidates." Those who sought for office under the Eoman government. Vide note. Cacstteed. The Welsh counties were divided into dis- tricts called cantreds, as in England. into hundreds. See S[undred. CaPax dolL " Capable of committing crime :" of suffi- cient understanding to be liable to punishment for an offence. 54 LAW GLOSSARY. Cape. ^A judicial writ touching a plea of lands oi tenements. This writ is divided into "cope magnum" (great), and " cajpe parvum" (little). Cape ad valentiam.^ Take to the value. Cape de terra in bailiva sua tantse terrsB, quod B. clamat ut jus suum. Take of the land in your bailiwick to (the value) of so much land which B. claims as his right. Capella. ^A chapel. Capebe, et habere potuisset. ^He ought to-take, and to hold. Capias. " You may take." A writ authorizing the defendant's arrest. Vide note. Capias ad audiendum judicium. A writ to summon a defendant found guilty of a misdemeanor, but who is not then present, although he has previously appeared. The writ is to bring him to receive his judgment. Capias ad computandum. That you take (defendant) to make account. Capias ad respondendum. ^That you take (defend- ant) to make answer. Capias ad satisfaciendum. That you take (defend- ant) to make satisfaction. Capias ad satisfaciendum, ita quod habeas corpus ejus, &c. That you take (defendant) to satisfy, so that you may have his body, &c. Vide note. Capias ad valentiam. That you take to the value. . Capias in withernam. That you take a reprisal. Vide "Withernam." Capias qui capere possit. ^Let him catch who can. Capias si laicus. That you take (defendant) if he be a layman. Capias utlagatum. That you take the outlaw. Capiatue pro fine. A writ to levy a fine due to the king. Capita distributio, i. e. To every person an equal LAWGLOSSAET. 55 share, -when all the parties claim in their own right, and not "jure represeniatioms," by right of representation. Capitales, generales, perpetui, et majores; a latere regis residentes, qui omnium aliorum corrigere tenentur injurias et errores. They (the judges of the king's bench) are principal, general, perpetual, and superior, sit- ting with the king, who are bound to correct the wrongs and errors of all others. Capitales inimicitise. Deadly hatred. This was formerly held sufficient to dissolve the espousals of mar- riage. Capitalis baro. Chief baron. Capitalis jiosticiarius in itinere. The chief judge in eyre ; or itinerant judge. Capitalis justiciarius totius Anglice. The chief jus- tice of all England. Capitalis plegius. The principal pledge. Capitaneus. In feudal law, a chief lord or baron of the king ; a leader, a captain. Capitare. In surveying, to head or abut. Capitilitium. Poll money. Capitis sestimatio. 'A fine paid by the Saxons for murder, &c. Vide note. Capitis diminutio. The loss of civil qualification, Capitula. A collection of laws or regulations ar- ranged Tinder particular heads or divisions. Capitula de Judseis. The chapters (or heads) of an ancient book or register for the Starrs, or mortgages, made to the Hebrews. Capitula itineris. — *- Articles or heads of inquiry upon all the various crimes or misdemeanors, which, in old practice, the itinerant justices delivered to the juries from the various hundreds at the opening of their eyre or court. Capitularia. Collection of laws promulgated by the early French kings. Captio. ^Taking or seizing of a person or thing. 66 LAW GLOSSARY. Oapturam avium per totam Angliam interdixit. ^He forbade the catdaing of birds tbrougbotit all England, Caput lupiinim.-i Anciently an outlawed felon was said to bave "caput lupinum; tbat is, he was proscribed as the wolf of the forest. Caput, principium, et finis. The principal, the begin- ning, and the end. Caputium. A headland Carcannum. ^A prison or a workhouse. Carceee mancipenter in ferris. That they be kept in prison in irons. Carecta. A cart. Carreta. A carriage or cart- load. Caeena. Forty days ; quarantine. Carnalis copula. This was formerly considered a lawful impediment to marriage; for if any one, during the life of his wife, contracted matrimony or espousals with another, and a " carnalis copula" (carnal knowledge) ensued, and the woman knew the man had another wife, such marriage could not afterwards be established : but if she were ignorant of that fact, and no carnalis copula had taken place, the marriage might be solemnized afi/r the death of the first wife. Caret periculo, qui etiam tutus, cavit. — ^He h most free from danger who, even when safej is on his pfuard. Car tel est notre plaisir. " For such is our pljeasuxe." This was a form of a regal ordinance under the Norman line. It is now, happily, used only ironically, to note some arbitary act, Carrum.' A four-wheeled iphicle CaruA, or Caruca. A plough. The tax which was formerly imposed upon every plough was called carucage, or carvage. Casa. A house. "When land was aaded tc » suffi- cient for one family's support, it was called Oasata Cassetur billa. That.the bill be quashed. LAW GLOSSARY. 57 Cassetuk processus. That tlie process be quashed (or abated). , Castellanus. A castellain ; keeper of a castle. Oastellorum operatic. Oastle •work. Caster, Chester, Cester. Siginfy/ort or camp. Castrum. A castle. ' Casus. A casualty. Casualiter, et per infortunium, contra voluntatem suam. Casually, and by misfortune, against his will. Casus Foederis. The matter of the treaty. Casus fortuitus. An accidental case. Casus fortuitus ; magis est improvisus proveniens ex alterius culpa, quam fortuitus. A chance case ; this is the more unexpected as arising from the fault of another person, than as happening accidentally. Casus omissus. An omitted case; an opportunity neglected. Catalla. " Chattels : things moveable." It primar- ily signified beasts of husbandry. Catalla otiosa. Cattle which are not worked ; as sheep, swine, &c. Cataneus. A chief tenant or Captain. Catchpole. An officer who made arrests. Cateux sont meubles et immeubles ; si comme vrais meubles sont qui transporter se peuvent, et ensuiver le corps ; immeubles sont choses qui ne peuvent ensuiver le corps, niester transportees, et tout ce qui n' est point en heritage. Chattels are moveable and immoveable ; if they are really moveable chattels they are those which may be taken away and follow the person ; immoveable (chattels) are those things which cannot follow the person, nor be carried away ; and aU that is not in heritage. Caulceis. Causeways. Caupo. An inn-keeper. Caursines. ^Money lenders from Italy, who came into England in Henry 3d's reign. 58 LAW GLOSSAEY. Causa adulterii. On account of adultery. Causa impotentiae. On account of incapacity. Causa latet, vis est notissima. The cause is unknoTm, but the effect is most evident. Causa matrimonii preelocuti. Bj reason of the said marriage. Causa mortis. On account of death : In prospect of death. Causa prsecontractus, causa metus, causa impotentisa sen frigiditatis, causa affinitatis, causa consanguinitatis. ■ On account of precontract, fear, impotence or frigidity, affinity or consanguinity. Causa proxima, et non remota, spectatur. The near est cause, and not a remote one should be attended to. Causatoe. One who litigates another's cause. , Causa venationis. For the sake of hunting. Causa venditionis. On account of a sale. Cause de remover plea. Cause to remove a plea. Causidicus. ^A pleader. Caveat actor. " Let the actor be cautious." Let him beware of his own conduct. Caveat emptor. " Let the purchaser take heed." Let the person buying see that the title be good. Caveat vicecomes. Let the sheriff beware. Cavendum tamen est ne convellantur res judicatse, ubi leges cum justitia retrospicieri possint. It is however to be guarded against that adjudged cases be not reversed, where the laws on a review appear to have had respect to justice. Caya.— — ^A quay. Cayagium. The duty paid on goods landed at a quay. Ceapgeld. The forfeiture of a beast. Ce beau contrat est le noble produit du g^nie de I'hom- me, et le premier garant du commerce maritime. II a con- sults les saisons ; il a porte ses regards sur la mer ; il a in- terrog^ ce terrible 616ment ; il en a jug^ I'inoonstance ; il LAW GLOSSARY. 69 en a presenti les orages ; il a 6Tpi6 la politique ; il a recon- nu les portes et les c3tes des deux moades ; il a tout soumis k des calculs savans, k des theories approximatives, et il a dit au commergant habile ; au navigateur intrepide ; certes il y a des desastres sur lesquels I'huinanitie ne peut que gemir ; mais quant k votre fortune, allez francissez les mers, d^ployez Yotre activity et votre Industrie, je moi charge de vos risques. — — This excellent contract is the able production of the genius of man, and is the first se- curity to naval commerce. He has consulted the seasons ; he has made his observations on the sea, and has, as it ■were, interrogated this formidable element ; he is a judge of its inconstancy ; he personally experienced the effects of storms ; he possesses the political acumen ; he, in fine, possesses a knowledge of the harbors and coasts of the two worlds ; he is in possession of the most difficult re- searches of the learned, and of their parallel theories ; and he is acknowledged to be well skilled in commercial affairs ; he is also a most intrepid navigator — that is to say, one well experienced in those dangers at which hu- manity shudders ; but when your fortunes, your activity, and industry are employed on the sea, I become responsi- ble for the results.' Cedent. — — One who transfers or assigns. Celdea. A chaldron, a measure. Celeberrimo huic conventu episcopus, aldermanus inter sunto ; quorum alter jura divina : alter humana populum edoceto. At this renowned assembly, let a bishop and an alderman be present ; let one instruct the people in di- .vine, the other in human laws. Celeraeius. The steward of a monastic institution, CeLleS que ne recognoissent superieure en Feidalit6. Those who acknowledge no superior in fidelity. Celles que trusts. Those persons entitled to the pur- chase money, or the residue of any other property, after discharging debts, &o. 60 LAW GLOSSARY. Cblt^. A brave and warlike nation, or Iribe/ #ho formerly possessed old Gaul ; and afterwards the wholej or a considerable part of Scotland. Vide note. Celui dont cette eau I'heritage, pent meme est user dans I'intervalle qu'elle y parevent, mais a la charge de la rendre a la sortee, de des sords a son course ordinarie. He who owns waters can use them along all the course or space through which they run, with the obligation of re- ducing them again within their ordinary banks. Celui dont la pur priett bord un eau courante autre que celle qui est declar^e dependance du domaine publique par Particle, &c. — ^peut a en saver a son passage pour I'irriga- tion de ses proprieties. He whose property is bounded on a stream of water which is not by the deed, &c., declared to belong to the domain for public use, may yet use suffi- cient to irrigate his lands. Celui qui a parte dans une fonds peut an user a ,sa vo- lante, saufle droit que la proprietaire du fonda superieui pourait avoir acquis, par litre, ou par prescription. He who has a part in a freehold property, can dispose of it at his own will and pleasure, saving the right which the prin- cipal proprietor thereof might have acquired, by virtue of contract, or of prescription. Cenegild.--^ — Among the Saxons the fine which was paid by a murderer to the relatives of the deceased, by way of compensation or expiation. OBNELLiB. Acorns. Cenninga. Where one party purchases an article of another, and afterwards the thing sold is claimed by a third party, the buyer gives notice or cenninga to the , seller, that he may appear and justify the sale. Saxon law. Oensaeii. ^Farmers subject to a tax. Gensuales, Persons who subjected themselves vol- untarily to a church or monastery, in order to procure pro- tection. LAW GLOSSARY. 61 Censumoethidus. — -A dead rent. Census regalis. The ancient royal revenue. Centena. A hundred weight. Centenaeius.' A petty judge under the sheriff (and deputy to the principal governor of the county), who had rule of a hundred; and was a judge in gbiaU concerns among the inhabitants of the hundred. Centeni. The hundred men from each district among the old Germans, who were enrolled for military service. Centeni ex singulis pagis sunt, idque ipsum inter suos vocantur ; et quod primo numeris fuit, jam nomen et honor est. The hundredors are (electors) from the several counties, and are so called among themselves; and that which was at first a number, is now a name and honor. Centessim^. Interest at twelve per cent, per annum. Centumviei. Judges among the Eomans. Vide note. Ceo est le serement que le roy jurre a soun coronement : Que il gardera et meintenera lez droitez et lez franchisez de seynt esglise grauntez auncienment des droitez roys christiens d'Engleterre, etquil guardera toruez sez terrez, honoures et dignitez droitarelx et franks del coron du roilme d'Engleterre, en tout maner dentierte sanz nuU maner damenuseflient, et lez droitez dispergez dilapidez ou perdez de la corone a soun poiair, reappeller en I'auncien estate, et quil guardera le peas de seynt esglise, et al clergie, et al people de bon accorde, et quil face faire entontez sez judgementez owel et droit justice, oue disorecion et miseri- corde, et quil grantera a tenure lez leyes et custmez du roialme, et a soun poiair lez face garder et affirmer, que lez gentez du people avont faitez et esliez, et les malveys leyz et custumes de tout oustera, et ferme peas et establie al people de soun realme, en ceo garde esgardera a son poiair ; come Dieu luy aide. This is the oath which the King swears at his coronation : That he will keep and maintain the rights and franchises of the holy church, formerly granted by the rightful christian kings of England ; and 62 LAW GLOSSAKT. tbat he will keep all his lands, honors and dignities of royal and free right, pertaining to the crown of the king- dom of England, in all manner without diminution ; and that the rights of the crown, scattered, dilapidated or lost, he shall recall to the best of his power, to their ancient estate ; and that he will keep the peace of the holy church, both to the clergy and the people with good accord : and that he will dispense in all his judgments, equal and im- partial justice, with discretion and mercy : and that he will adhere to the laws and customs of the kingdom : and to the best of his power cause them to be kept, and maintained, which the people have made and agreed to : and that he will abolish the bad laws and customs altogether ; and pre- serve firm and lasting peace to the subjects of his kingdom, in this regard he will keep to the utmost of his power. So help him God. Ceorl, Carl, Churl. ^A Saxon name for a freeman employed in husbandry. Ceo n'est que un restitution en lour ley pur que a ceo n'avemus regard, &c. This is but a restitution in their law, to which we pay no attention, &c. Cepi corpus, et est in custodia. ^I have taken the body, and it is in custody. Cepi corpus, et est languidus. 1 have taken the body, and it is sick. Cepi corpus et paratum habeo. 1 have taken the body, and have it ready. Cepi corpus in custodia. " I have taken the body in custody." These were several returns to writs, formerly made when the proceedings were in Latin. Cepit et asportavit. He took and carried away. Cepit et asportavit centum cuniculos. He took and carried away a hundred rabbits. Cepit et asportavit captivum et ipsum in salva sua custodia adtunc et ibidem habuit et custodivit, quosque LAWGLOSSAEY. 68 defensores ipsum e custod' prsedict' felonice ceperunt et recusser', &c. He took and carried away the prisoner, and then and there held and kept him in safe custody, until the defendants feloniously took him out of his said custody, and refused, &c. Cepit in alio loco. He took in another place. " Ce qui manque aux orateurs en profondeur, Hs vous la donne en longueur." 'What orators want in depth, they give you in length. Ceeevisia. Ale or beer. Certa et utnia agendo. By doing things sure and useful. Certe, altero huic seculo, nominatissimus in patri^ juris consultus, aetate provectior, etiam munere gaudens publico et prEediis amphssimis, generosi titulo bene se habuit ; forte quod togatae genti magis tunc conveniret civilis ilia appel- latio, quam castrensis altera. Certainly in the last age the most eminent counsellor in the country, advanced in life, who enjoyed a public gift (or pension) and most am- ple estates, and was well (satisfied) that he obtained the title of a gentleman ; perhaps, because this civil term, " better suited a gownsman at that period, than a military title. Gertificatio assises novae disseisinae. A writ former- ly granted for the review of any matter passed by assize, where some points had been overlooked or neglected. Certiorari. "To be certified of: to be informed of." A writ directing the proceedings, or record of a cause, to be brought before a superior court. Certiorari, ad informandum conscientiam. To cer- tify, to inform the conscience. Certiorari ex debito justitiae. To be informed of a debt (or what is due) on account of justice. Certiorari quare executionem non. To certify why execution (has not been issued). Certiorari quare improvide emanavit. To be certi- fied wherefore it improperly issued. 64 LAW GLOSSARY. Ceetmoitey.- — Head money or fine. Certum est quod certum reddi potest. " That is fixed or determined whicli can be reduced to a certainty;" as where a person coyenants to pay as much money as a given quantity of a particular stock will be worth on a certain day ; this can be reduced to a certainty by a cal- culation, and is therefore a sum certain for which an action lies. Ceevisaeii. Those tenants who were obliged to pro- vide ok or cervisia for the lord or his steward. Ceevisiaeius. A brewer. Oe sont des choses que faut pensir. These are things which must be considered. Cessante causa, cesset effectus. "Eemove the cause, and the efiect will cease." Cessante ratione, cessat et ipsa lex. " The reason ceasing, that law is (then) superseded." Many statutes" have been made on pressing occasions to meet the exi- gencies of the moment ; as where some crime is pecuMarly predominant, and nothing can check it but a most sangui- nary law; yet when, that vice is at an end, it would be cruelty to give those laws a permanent duration. Cessante statu primitivo cessat derivativus. The original or first condition ceasing, that which is derived fi:om it also ceases. Cessat executio. " The execution ceases." These words are often applied in case trespass be brought against two or more persons, and if it be tried, and found against one only, and the plaintiff take execution against him, the writ will abate as to the others : then there ought to be a "cessat executio" till it be tried against the other defend- ants. Cessavit. ^An obsolete writ which could formerly be sued out when a tenant had ceased for two years to pay his rent and services, and had not sufficient goods upo? the premises to be distrained. LAW GLOSSAEY. 65 Cesse. ^An assessment. Cessio bonorum. — -" A surrender of effects." Ttis was in use among the Romans where a debtor became in- solvent. It is also a process in the law of Gotland, very similar to that under the statutes relating to bankruptcy in England. Cessit processus. The proceeding has ceased. Cessok. One who is liable to have a writ of cessavit served against him for the long neglect of some duty de- volving upon him. Cessuee. ^A bailiff. C EST une autre chose. ''It is another thing." The proof is at variance with the statement of the case. C'est le crime qui faite la honte, et non pas I'echa- faud. It is the guilt, not the scaffold, makes the crime. Cestut que trust. A person for whose use another is seized of lands, &c. Oestuy que use. A person for whose use land, &c., be given or granted. Cestut que doit enheriter al pere, doit enheriter al fils. He who should inherit to the father, should infe^rit to the son. C EST un beau spectacle que celui des lois feodjalfes ; un chgne antique s'eleve faut percer la terre pous-les racines trouver. Feudal laws are an excellent, subject for ob- servation : in order to ascertain the growth of an ancient oak, we must penetrate the earth to find its roots. Oestuy que vie. One for who^ life a gift or grant is made. C EST une espece de jeu, qui exige beaucoup de prudence de la part de ceux qui s'y addonent, H. faut faire I'annalyse des hazards, et possider la science du, calcul des- probabili- ties-; pt6voir les ecueils de la mer, ej; seu de la marivaise foi; ne pas perdre de vue les cas insolites et extraordi- naires; combiner le tout,, le comparer aveo le taux des 5 6b LAWGLOSSABT. primes, et juger quel sera le resultat de I'ensemble. This is a species of game which requires much prudence on the part of those who engage therein ; persons must examine with scrutiny all its hazards, and possess the science of calculating probabilities ; they must previously know the effects of sea storms ; nor are they to lose sight of isolated or rare occurrences: those must be well combined and compared together: nor let the result of the whole be considered despicable or unworthy of notice. Cette interdiction de commerce avec les ennemis com- prehend aussi de plein droite, le defense d' assurer les efPets, qui leur apartiennent, qu'ils soient chargfe sur leur propres vaisseaux, ou sur des navires amis, allies, ou neutres, &c. This interdict on commerce with the enemy, compre- hends, of course, the prohibition to insure the effects which belong to them, whether (loaded) in their own ves- sels, those of their friends, allies or neutrals. Chafewax. An of&cer in English chancery who melts or fits the wax used in sealing writs, commis- sions, etc. Chaffees. ^Wares, merchandise. Chalunge.- A claim. Chambium. Change or exchange. Champaet. Champarty. Vide " Campi partiM^ Chaegeant. Weighty; heavy. Charge des affaires.' ^A person in charge of the em- bassy. Chaee. -A plough. Chaeette. A cart. Chaeta cyrographata. A written • charter which is executed in two parts, and cut through the middle. Chaeta de foresta. The charter of the forest. Chaeta, folia, vel plagulse, liber. Papers or writings, leaves, sheets (of paper) a book. Vide note. Chaeta libertatum regni. The charta of the na- tion's liberties, usually called " Magna Charta" (the great charter). LAWGLOSSABT. 67 Charta per legem terras. The charter by the law of the land. Charta sua manifeste expressa, Clearly expressed by her deed (or writing). Chartel. ^A letter of challenge to single combat. Chartis reddendis.— ^ — Writ for re-delivering a charter. Chasea. A chase. Chastell.' A castle. Chateaux. Chattels. Chaud-medlet. Chance-medley : death by accident. CHAUX.r ^Those. Chaye. Fallen. Cheaunce. An accident. Chef de la societe. The chief (or president) of the company (or firm). Chkib, Checir. To fall ; to abate. Cheseun. Every one. Chevage. A tribute formerly paid by bondmen to their lord. Chevance. Goods ; money. Cheveres. Goats. Chevipance. Signifies, in the French language, agree- ment, compact. Legally, it means an unlawful bargain or contract. Cheviti^. The heads at the end of ploughed lands. Chi apres. Hereinafter. Chippingavel. A tax upon wares or merchandise brought to a place to be sold. Chirgemot. — ^An ecclesiastical assembly or court. Chirographa.' Writings under hand. Chose in action. A thing in action. Chbistiani-jddaizantes. " Judaizing-Christians." Jews converted to Christianity, but retaining a regard for the Mosaic ceremonies. Chuechesset. ^An ancient annual tribute paid to the church in grain on St. Martin's day. 68 LAW GLOSSAEY, Chuech reeve. Chnrcli warden. ClBATUS. ^Victualled. Cinque ports. Formerly five, but now seTen. ports on the southeast coast of England. CiPPi. The stocks. Circa ardua regni, Concerning the weighty affairs of the realm. CiRCADA. An ancient tribute paid to the bishop or archdeacon upon visiting the churches. CiRCUMSPECTE agatis.- "That you act cautiously." The title of an act of 13th of Edinard the First, (or rather 9th Edward Second) prescribing certain cases to the judges concerning which the king's prohibition was of no avail. CrviLiTER mortuus. " Dead civilly — or dead in law." Thus if a man be sentenced to die — ^he is said to be " eiv- iliter mortuus" or dead in the eye of the law. CiViTAS ea autem in libertate est posita, quse stiis stat viribus non ex alieno arbitrio pendet. That state is free, which depends upon its own strength, and not upon the arbitrary will of another. Claia. ^A hurdle. Clamantem et audi turn infra quatuor parietes. "Cry- ing and being heard within the four walls." This was ap- plied to cases where a man married a woman, seized in fee, and a child was born, which had been heard to cry, the hus- band was then called tenant by the curtesy. Vide " Tamen damorem." Clandestiko copulati fuerunt. -"They were united by stealth" : the marriage was solemnized secretly. Clare constat. A precept to give possession of lands to an heir. Clause rolls or close bolls.— — Rolls containing the records of writs, close and other documents, which are pre- served in the English public records. Claustuea. An enclosure. LAW GLOSSARY. 69 Clausum fregit He broke the close, or field. Clausum paschffi. The eighth day after Easter, or the close of that feast. Claves insulae. ^The title of twelve persons in the ■ Isle of Man, to whom all doubtful cases were referred. Literally, the keys of the island. Clayia.' 'A club. Clementia principis, de consilio procerum indulta. :■ The indulgence of the prince, allowed from the council of nobles. Clerici de caneeUaria. Clerks of the Chancery. Clerigi praenotariL — —The six clerks in Chancery. Cleeico capto per statutum mercatorum. Writ to deliver a clerk out of prison, who had been arrested upon the breach of a statute merchant. Clericus mercatL Clerk of the market Cleeimonia. Privilege of clergy. Cleronimus. An heir. Clito — Sax. The son of a king, Cnapa — Sax. ^A knave. Vide note. Cnyt — Sax. A knight. Lat. Miles; and j&^ties cm- raius. Vide note. CocKET. A custom-hoTise seal. Codex Justinianus. — —Justinian's code of laws. Vide note. CoDiciLLUS. A little book : a codicil to a will. Vide note. COEMPTIO. A mutual purchase. Vide note. CoGNATL Cousins; kinsmen. CoGNATio legalis; est personarum proximitas ex adop- tione vel arrogatione, solemni ritu facta perveniens. " A legal relationship is a proximity (or near degree of affinity) of persons, either from adoption or assumption (as belonging to the family) established by a solemn act." This was formerly by the canon law an impediment to marriage. 70 LAW GLOSSAET. CoGNTTio. ^Roman law. The judidal hearing of a cause. CoGNOSCiT. He confesses ; he acknowledges. Cognovit action^. "He has acknowledged the action." After suit brought, the defendant frequently con- fesses the action ; judgment is then entered on the record without trial : or the defendant signs an instrument called a cognovit. Cognovit actionem, relicta veiificatione. ^He con- fessed the action, having abandoned his plea. CoLLATio bonoTum. An assessment of goods : also an assessment or impost upon the people. COLLECTDM ex senibus desperatis, ex agresti luxuria, ex rusticis decoctoribus, ex iis, qui vadimonia deserere quam iUimi exercitxun maluerunt. A mob collected from desperate veterans, and rustic spendthrifts, in servile (or clownish) luxury, and from those who would rather desert their bail than that army. Collegium si nullo specialiprivilegiosubnixumsithere- ditatem capere non posse, dubium non est. If a corpor- ation be erected without any special privilege (or grant) it is certain it cannot take an inheritance. CoLLiSTBiGiuM. "A pOlory." This was formerly used in England to punish many offences. Vide note. CoLLOBEiUM. A covering worn by sergeants-at-law upon their shoulders, with the co^upon the head. Colloquium. " A discourse : a conference." A talk- ing together, or affirming a thing laid in a declaration for words in an action for slander. CoLOEE of&cii. Under color (or pretence) of of&ce (or duty). CoLNE. A calculation. CoLPAEE. To lop off— as to cut off the tops or boughs of trees. CoLPiciXJM. The Latin form for co]^picx or young wood closely cut or lopped. LAW GLOSSABT. 71 CoLUNT discreti et diversi, ut fons, ut campus, ut nemus placmt. Their habitations were severed and distinct, as a fountain, a field, or a grove pleased them. Combe. -A valley. CoMBUSTio domorum. The burning of houses : arson. Come ceux qui refnsent etre a la cpmmune loy de la terte. Those who refuse to abide by the common law of the land. Comes. An earl : the governor of a county. Come semble. As it appears. CoMiTAS inter gentes. Courtesy between nations. CoMiTATUS. A county. CoMiTiA centuriata. These. were courts held by the Eomans, where the people voted by Centuries. CoMlTiA majora, et comitia minora. The greater and lesser courts among the Bomans. Comitia tributa. In the Comitia tributa the Bomans voted, divided into tribes according to their regions or wards, (ex regionibus et locis.) Vide A. Gell. xv. 27. Vide note. Comitissa. A countess. Commenda. — A commendam. A recommendation to elect a bishop. COMMERCIA belli. ^War contracts. COMMITTITUE piece. A written instrument by which a defendant already in custody, is charged in execution at the suit of the person who arrested him. CoMMOBANCY. The staying or living in a place as an inhabitant. CoMMODATUM. A loan : a thing trusted to a bailee. Common pur cause de vicinage. Common by reason of neighborhood. Commote. Half of a cantred in "Wales, numbering fifty villages. Commune concilium regni, magnum concilium regis curia, magna conventus magnatum, vel procerum, assiza 72 LAW GLOSSABT. geueralis.- — ^The general council of the realm, the king's great council, the great court, the assembly of the great men or nobles, the general assize (or array). Commune piscarium. Common fishery; a right of fishing without restriction. Commune vinculum. The common bond : the com- mon stock (of consanguinity). CoMMUNiA pastures. " Common of pasture." The ma- jor part of the farms in England have a right of feeding certain cattle at different seasons of the year, as an appur- tenant ; which right passes on sale or lease of the land ; and when an act is passed for inclosing the commonable lands in the parish, &c., where the farm is situate, the com- monable lands are then generally divided between the persons entitled to the tithes, and the freeholders, in pro- portion to their respective interests in the land, in the parish, &c. Communia pisearise. -The right or liberty of fishing in another man's water. Communia placita non sequantur curiam regis, sed te- neantur in aliquo loco certo.r^ " The Common Pleas can- not follow the king's court (or household) but be held in some certain (or fixed) place. Formerly, the Common Pleas court was held at the place where the king resided ; but that being found inconvenient, it has been for many years disused, and for ages held at Westminster Hall. Vide note. Communia turbarise. The liberty of digging turf on another man's ground. Communibus annis. In ordinary years: one year with another. Communis error facit jus. " Common error (or wrong) gives a law or right." This may be sometimes the case, as what was illegal &t first, may in the course of years become an incontrovertible right. Lord Kenyon, in the caie of Bex V. The inhabitants of ErisweU, Durnf, di Easts Sep. said, LAW GLOSSAET. 73 " I perfectly well recollect Mr. Justice Foster say, that lie had heard that ' communis error faeit jvs,' but I hope I shall never hear -that rule insisted on, setting up a misconstruction of the law, a destruction of the lawi" Communis rixatrix. " A common female brawler or scold." Formerly, a woman guilty of this offence, was lia- ble to be immersed in a pool of water. Communis strata via. The common paved way. COMMUNITAS regni Anglise.' — — An ancient name for the English parliament. CoMMUNiTEE usitata et approbata. Generally used and approved. CoMPASCUUM. — —Belongs to commonage. COMPELLATIVUM. An adversary. CoMPENSATio criminis. A compensation for crime. GoMPENSATio necessaria est, quia interest nostra potius non solvere, quam solvere. Compensation is necessary, because it is rather for our benefit not to pay, than to pay. CoMPEBTOEiuM. A judicial inquest to find out the truth of a cause. CoMPEEUiT ad diem.^ He appeared at the day. CoMPESTEE. To manure. CoMPONEEE lites. To settle disputes. CoMPOSmo mensarum. The composition of meas- ures. Compos mentis. " Of sound mind." A man in such a state of mind as to be qualified legally to sign a wOl, or deed, &c. ' COMPUEGATOEES. Compurgators. Vide note. CoNCESSiMUS etiam prb nobis et hceredibus nostris ex certa scientia nostra et de assensu prajdicto eidem majori, ballivis, et burgensibus ac eorum hseredibus, et successori- bus quod ipsi se appropriare et commodum suum facere possint de omnibus purpresturis, tarn in terris, quam in aquis, fectis vel faciendis, et de omnibus vastis ipsa Hmites et bundas villse prsedictse in suppprtationem onerum infra 74 LAW GLOSSAET. srillam praedictam in dies emergentium. Also we grant for ourselves and our heirs, by reason of our certain knowl- edge, and by the aforesaid consent to the same mayor, bailiffs and burgesses, and to their heirs and successors, that they appropriate and take (money) for their own ben- efit, on account of all the purprestures (or obstructions) as well in the lands as in the waters, made or to be made, and from all the wastes, the limits and bounds of the aforesaid village to support the charges within the said village for the time to come. Vide Dicitur purprestura. OONCESSIONES. Grants. CoNCESSissE. To have granted or yielded up. Concessit, et demisit. He has granted, and demised. Concessit secundum consuetudinem manerii.' He granted (or demised) according to the custom of the manor. CoNCiLiABULUM. A council-house. CONCOEDIA discordantium canonum. "The agree- ment of the undigested (or jarring) church laws." Gener- ally known by the name of "Decretum Oratiani." One Oratian, an Italian monk, about the year 1150, reduced the 'ecclesiastical constitutions into some method in three books, which are called " Ooncordantia discordantia decretum." CoNCUBiTU prohibere vago. To forbid an indiscrimi- nate connection. CoNCULCABE. To trample upon. CoNCDRRENTiBUS iis quidem jure requiruntur. By the concurrence of those things which the law requires. Conditio est melior possidentis. The condition of the possessor is preferable. OoNDiTiONEM testium tunc inspicere debemus cum sig- narent, non mortis tempore. We ought to consider the condition (or respectability) of witnesses when they sign, not when they die. Conditio scripti obligatorii prsedicti. The condition of the said writing obligatory. LAW GLOSSARY. 75 Conditio testium. The condition (or appearance) of the witnesses. CoNDONATio injurisB. A remitting of injury. CoNDUOTio. A hiring. CoNDUXiSTi vehenda mancipia : mancipium unum in nayi mortuum est ; quaeritur num vectura debeatur ? Si de mancipiis vehendis inita conventus est non debetur, si de mancipiis tantum navi imponendo debetur. You have bargained to carry slaves : one died on board the ship, it was asked if any thing be due for the carriage. If the agreement was for carrying the slaves, it is not due, but if only for those put on board the ship, it is payable. Cone and Key. An old English phrase used for accounts and keys which were put in a woman's possession when she commenced housekeeping. CoNFECCioN. t-The making a charter, deed or other instrument in writing. CoNFiEMATio chartarum. " The confirmation of the charters." After Magna Gharia was-signed by king John, in Runnymede meadow, near Windsor ; and after the sign- ing of Charta foresta, the barons frequently required sub- sequent kings to confirm these charters ; this was called " Confirmaiio chartarum." CoNFLiCTUS legum. A contradiction of laws. CoNGEABLE. ^Lawful. Conge d' elire. "Leave to elect." — The king's per- mission to a dean and chapter to elect a bishop, CoNGius. A measure containing a gallon and a pint. CoNJUDEX. ^An associate judge. CoNJUNCTiM, aut separatim. ^Jointly or severally. Conjuration. ^A sworn plot formed by persons to do any public harm. {Old English law). CoNNOissEMENT. ^A bill of lading. CoNNUBiUM. ^Matrimony between citizens. Vide note. CoNQUAESTOB. Conquerot CoNQUisiTio. ^Acquisition. 76 LA-W GLOSSARY. CoNSANGUiNEi. Eektions. CoNSCiENTiA boni viri. The conscience of an hon- est man. Consensus facit legem.' "Consent makes the law." Where persons of sane mind enter into contract with each other, and their consent to the bargain be obtained without deceit, there must be a considerable inadequacy in the value given or received to rescind the contract. Consensus, non concubitus facit nuptias. Consent, not consummation, makes the marriage (valid). Consensus tolliterrorem. Consent removes the error. CoNSENTio modum dat donationi. ^Consent gives the form to the gift. CoNSENTiEE videtur, qui tacet. "He appears to con- sent, who remains silent ;" or, as the old adage expresses it, " sUeiice gives consent." CoNSEEVATOEES pacis. Keepers of the peace. CoNSiDEEATUM cst per curiam. It is considered by the court. CONSILIAEIUS. ^A counsellor, CoNSiLiAEius natus. Sometimes said of a nobleman : one who sits by hereditary right in the house of peers. CoNSiLii fraudulenti nulla obligatio est, cseterum si do- lus et caliditas intercessit, de dolo actio competit. We are noj; bound by dishonest counsel ; but it is otherwise, if deceit and craft have been used {there) the action lies because of the deceit. CoNSiMiLi casu- In a like case. CoNSiSTATOEio et coUegio suo perpetuo exoludatur, et universitate exulabit. That he may be forever excluded from the consistory, and from his college, and exiled from the university. Consistory. A council of ecclesiastics CoNSOBEiNi. Cousin germans. CoNSOLATO del mare. The title of the most ancient collection of European sea laws extant. LAW GLOSSAET. 77 Constat feudorum originem a septentrionalibus gentibua fluxisse. ^It is agreed that the origin of feuds descended , from the northern nations. CoNSTRUCTio generalis. ^A general conatruction. CoNSUETUDrisrABius. An old book, containing the customs of abbies and monasteries. CoNSUETUDiNES. Customs ; usages. CoNSUETUDO est altera lex. Custom is another law ; custom is equivalent to law. CoNSUETUDO et lex Anglise. The custom and law of England. CoNSUETDDO loci obscrvauda est. The custom of the place is to be observed. CoNSUETCDO manerii et loci estobservanda. The cus- tom of the manor and place is to be considered. • CoNSUETUDO pro lege servatur. Custom is to be held as law. CoNSULES, (a consulando ;) reges enim tales sibi associant ad consulendum. Consuls (deriving their name from consulting), for kings associate with such persons to be advised. CoNTEMPOEANEA consuetudo optimus interpres. Co- temporary custom is the best interpreter. CoNTEMPOEANEA exposltio est fortissima in lege. ^A contemporaneous interpretation (exposition or declaration) is strongest in the law. CoNSULTi periti. Lawyers. Cic. CoNTENEMENTUM, est ffistimatio et conditionis forma, qua quis in republica subsistit. Contenement, (countenance or credit,) is that estimation and manner of rank or value which any persons sustains in the commonwealth. CoKTESTATio litis. The contesting a suit. CoNTiNETUE ad teuorem, et ad efiectum sequentem.— — — It comprised to the tenor and effect following. CoNTiNUANDO prsedictam transgressionem,' By con- tinuing the said trespass. 78 LA-WGLOSSAET. CoNTiNtro voce. ^With a continual cry (or claim), CoNTEA bonos mores. Against good morals. CoNTEAFACEEE. To Counterfeit. CoNTEA Actionem non admittitur probatio ; quid enim efficeret probatio yeritatis, ubi fictio adversus veritatem fingit? N"am fictio nihil aliud est, quam legis adversus veritatem in re possibili ex justa causa dispositio. Proof is not admitted against fiction, for wbat could the evidence of truth effect, where fiction supposes against truth ? For fiction is no other than an arrangement of the law against , truth, in a possible matter, arising from a just cause. CoNTEA jus belli. Against the law of war. CosTTEAMANDAEE.-— — To countermand. CoNTEA morem et statuta. Against the custom and the stltutes. CoNTEA of&cii sui debitum. Contrary to the duty of his of&ce. CoNTEA omnes homines fidelltatem fecit. ^He per formed fealty (or homage) in opposition to all men. CoNTEA pacem. Against the peace. Vide note. CoNTBA pacem bailivorum. Against the peace of the bailiffs. CoNTEA pacem domini regis. Against the king's peace. ' CoNTEA pacem domini regis et contra formam statut' in hoc casu nuper edit' et provis'. Against the king's peace, and contrary to the form of the statute in this case lately enacted and provided. CoNTEAPLACiTUM. A counterplea. CoNTEA proferentem. Against hiin who offers (oi produces). CoNTEAEOTULATOE. A Controller. CoNTEAEOTULUS. A couuter roll. OoNTEA vadium et plegium. Against gage and pledge. CONTEASISSE unusquisque in eo loco intelligitur, in que LAW GLOSSAET. 79 solveret se obligavit. ^Every one is understood -to have contracted in that place where he has bound himself to pay. CoNTROVER. -A false newsmonger. CoNTUBERNiUM. ^The Cohabitation of slaves among the Bomans was so called. Vide note, CoNUSANCi. Cognizance. OoNYENiRE. To covenant. OoNYENTio vincit legem. A covenant governs (or rules) the law. CoNVENTio vincit et dat legem. The agreement pre- vails and gives the law. CoNVENTio vincit et dat modum donationi. The agreement prevails and establishes the manner of the gift (or grant). CoNVENTUS privatorum non potest publico juri derogare. The agreement of individuals cannot abridge the public right. CoNviCTUS est, et satisfkciet juxta formam statuti. He is convicted, and should make satisfaction according to the form of the statute. CooPERTio. ^An outer coat or covering, as the bark of a tree. ' CooPERTUM. A covert ; a hiding place or shelter for beasts in a forest. Cope. A hill. CoRAAGiUM. — —A tribute of a certain measure of com. Coram Domino Eege, &c., ad respondendum Asky de placito transgressionis. Before the lord the king to answer Ashy of a plea of trespass. Coram Domino Eege ubicunque tunc faerit Angliss. Before the lord the king wheresover he shall then be.in tlngland. Coram justiciariis ad hoc specialiter assignatis. ^Before justices specially assigned for this purpose. Coram me vel justiciariis meis. ^Before me or my justices. 80 LAW GLOSSARY. CoEAM nobis ubicunque fuerimus in Angliae. ^Befor© us wheresoeTer we shall be in England. OoEAM non judice. ^Not before a judge : at an im- proper tribunal, CoEAM non judice, quod omnes concesserunt. -All bave agreed that there is no jurisdiction. CoEAM paribus. In presence of (his) peers (or equals). GoEAM paribus curiae. In presence of (his) peers (or equals) of the court. Coram paribus de viceneto. ^In presence of (his) peers (or equals) of the neighborhood. CoEAM Tobis. A writ of error, on judgments of the court of Common Pleas or other courts than the King's or Queen's Bench; the writs to correct the judgments of this latter court are styled COEAM nobis. CoENAGE. A tenure, the service of which was to Mow a horn in case the enemy was perceived. CoEODT.^ — —A right of sustenance. CoEPOBA cepi. 1 have taken the bodies. CoEPOEA corporata. Bodies corporate. CoRPOEE nuUis contagiosis, aut incurabilibus morbis viti- oso, aliasve deformi aut mutilo.-^ — "Not having a diseased body, afUcted with any contagious or incurable disease, or deformed or mutilated." These were objections to fellow- ships in some colleges. CoEPUS delicti.- " The body of the offence ;" or the very nature and essence thereof. CoEPUS humanum non recipit sestimationem. The human body is above all price. CoEPUS juris canonici. The body of the canon law. CoEPUS juris civilis. The body of the civil law. CoESEPRESENT. The present given to the minister of a parish upon the death of a parishioner, was anciently thus called, because it was brought to the church at the time of the burial along with the corpse. CoBSNED. " The mouthful of execration." The piece LA-W GLOSSARY. 81 of bread by wbicb some suapeoted criminals ■were tried Tinder the Saocon laws. CoET. Short. CoETULARiUM. A yard adjoining a farm. CoSENiNG. An offence mentioned in old English law, where deceit is practised. Coshering. A feudal practice for lords to entertain themselves at their tenants' houses. GosiNAGE de consanguineo. Eelationship concerning kindred. COSTAGES. Costs. Costs de incremento. Costs of increase. CoTA, cotagium. A cottage. CoTAEitrs, cotarellus. ^A cottasrer. CoTEMPOEANEA expositio. A cotemporaneous inter- pretation. CoTLAND, cotselhland. Land held by a cottager. CoTUEE. An enclosure. CouCHANT. Lying down. CouNTEE-EOLL. In old practice, a roll kept by one officer as a check upon another's roll. Coupe. Fault. CouET of Star Chamber. A court of very ancient origin in England having jurisdiction over riots, and other notorious misdemeanors, without any jury. In the pro- gress of time, its powers were much abused, so that it was abolished in the reign of Charles I. CousTUMiEE. A book of customs and usages in the old law of France. CovEET. Married. CoVEET Baron. Under the protection of a husband. Covinous. Fraudulent. Ceassa negligentia. " Gross negligence." Sometimes applied to professional persons and others who have man- aged matters, for which they were retained, in a very care- less manner, or with " gross negligence ;" such persons are 6 82 LAW GLOSSAET,. liaWe to actions on the case at the suit of the party injured. Ceastinum animarum. " The morrow of all Souls." One of the ancient returns of original writs. Ceeamus, erigimus, fundamus, incorporamus. "We create, erect, found and incorporate." Words used on in- corporating a college. Creanci. Belief, faith. Crementum comitas. The increase of -the county, Crepaee occulum. To put out an eye. Crepusculum. Twilight. Criez la peez. Eehearse the concord or peace. Crimen animo felleo perpretratum. A crime com- mitted with an evil intent. Crimen falsi. Forgery. Crimen imponere. To impute a crime or offence. Crimen incendii. .Arson. Crimen Isesse majestatis. ^High Treason,- Crimen Eaptus. Rape. Crockaeds. An ancient foreign coin prohibited in England in Edward 1st reign. OiEOFT. A small piece of land adjoining a dwelling, and enclosed for cultivation. Croises. Pilgrims. Cruce judicium. The trial of the cross. Crtjce signati. Signed or marked with the cross. Cry de pais. A cry of the country. Coi ante divortium. To whom, before a divorce. Cui bono? "To what end?" For what good pur- pose? Cuicumque aliquis quid concedit, concedere videturetid sine quo res ipsa esse non potest.^ ■" To whomsoever any person grants a thing, he appears to grant that without which it cannot be enjoyed." Thus, if a man grant the trees standing in his field, a right of way is also tacitly granted for the purpose of felling and carrying them away. LAW GLOSSAET. 83 Guide jure pertinet. To whom by right it belonged, Cui in vita sua, vel cui ante divortium, ipsa contradicere non potuit What in Jbier lifetime, or previous to divorce, she could not coptradict. . CuiLiBET in arte sua credendum est. " Every person should be believed in his own art or mystery." J^erspns skilled in any particular science are entitled to have credit given them as to those matters which they have made their peculiar study, especially when on oath. Cui licet quod majoris, non debet quod minus est non licere. He to whom the greater thing is lawful, has c^- tainly a right to do the less thing. Cui malo ? To what evil ? W^hat injury will result from the act proposed ? CuiQUE enim in prpprio fundo quamlibet feram quoque modo venari permissum. For it is permitted to every person to hunt a wild beast on his own land, in any man- ner he pleases. Cujus commodum ejus debet esse incommodum. He who has the benefit should also bear the disadvantage. CuJOS est dare ejus e§t disponere. He who has the power to give has the right to designate the mode of it? application. Cujus est divisio, alterius est ekctio. " Who makes the division, the other has the election." Thus, where a division of an estate is made, if one party apportion, the other shall take which share he pleases. Cujus est solum ejus est usque ad coelum, et ad inferos. He who owns the soil, has it even to the sky, and to the lowest depths. CujusQUE rei potissima pars et principium. The most important of every thing is the beginning. Cujus quidem tenor. ^Also of this purport. Cujus regis temporibus hoc ordinatum sit, non reperio. :I do not find in what king's, reign this was ordained. Cujus tenor sequitur, Whose import follows. 84 LAW GLOSSARY, Cul'. — — This is an abbreviation of " culpahilis" guilty, CuLP^ admimerantse : veluti si medicus curationem dere- linquerit, male quempiam seeuerit, aut puerperam ei medi- camentum dederit. These are reckoned offences : if a Physician has neglected a cure; performed an operation improperly on any person, or given a woman in childbirth medicine nnskilfully. Culpa lata sequiparatur dolo. "A concealed fault is equal to deceit." Morally speaMng tbis maxim is true, but a purchaser should have tbe words " caveat emptor" (let the purchaser beware,) continually in his mind. CuLVERTAGE. Confiscation. Cum acciderit. ^When it may happen. Cum assensu prsefectorum aedium. "With the consent of the governors of the houses (or colleges). Cum autem emptio et venditio contracta sit, periculum rei venditse statim ad emptorem pertinet, tametsi adhuc ea res emptori radita non sit. Itaque si, aut sedes totas, vel aliqua ex parte incendio consumptae fuerint, emptoris damnum est, cui necesse est, licet rem non fuerit nactus pretium solvere. ^For when a purchase and sale be made, the risk of the thing sold immediately belongs to the pur- chaser, although the property be not as yet delivered to him. Therefore, if either a whole house, or any part of it be destroyed by fire the loss is the purchaser's, who must pay the price, although he has not obtained the property. Cum capitemus, retento semper primo proposito, et desti- natione, in accessoriis totaliter illam non sequitur, mutando viam de recta, in indirectam ; vel plures scalas, plures portus attingendo, animo tamen et intentibne prosequendi viagium ad metam destinationem. When a captain, continually bearing in mind his first purpose and destination, does not ' entirely follow it with the insurers, by changing his direct course for an indirect one ; or touching at more landing places or harbors, but still with the intent of proceeding on his voyage to the intended destination. " ^ LAW GLOSSARY. 85 CuMdomorum subversione, et arborum extirpatione. " Bjr pulling down the hoiises and rooting up the trees." This was formerly the punishment inflicted on the jury for giving a corrupt verdict Cum in partes illas venerint When they come into those parts. Cum in tali casu possit, eadem res pluribus aliis creditori- bus, turn prius, turn posterius, invadiarL As in such case the same property may be pledged to many other credi- tors, as well before as afterwards. Cum lex abrogatur, illud ipsum abrogatur, quo non earn abrogari oporteat " When a law is repealed that (clause) is abolished by which (it declares) that it should not be re- pealed," Laws have been made containing clauses against their repeal, but these cannot prevent a subsequent, or even the then present legislature from exercising their right to repeal at any time. Cum licet fugere, ne quaere litem. "Enter not into law, if you can avoid it." Cum lites potius restringendse sunt quam laxandae. ■ That law-suits may rather be restrained than increased. Cum Htore maris eidem adjacente. With the sea shore adjoining the same. Cum multis aliis illicite, et riotose assemblaverunt, &c. ^With many others, lawlessly and riotously, they as- sembled. Cum multis aliis, quae nunc prsescribere longum est With many other matters which it would now be tedious to enumerata Cum olim in usu fiiisset, alterius nomine agi non posse, sed quia hoc non minimam incommodatem habebat, coepe- runt homines per procurationes litigare. As formerly it was a custom not to transact business in the name of an- other, but because this was inconvenient, men began to sue by their proctors (or attorneys). Cum oirera— ^ — ^With the charge (or burthen.) otJ IiAW GLOSSAEf. Ctriit' peWinentiis'. — — Witli tlie appurtenan&es. GTuM qiiod ago non valet ut ago, valeat quantum yaiete potest. When tBat wHcli I do is not efficacious in tlio way I perform it, (still) let it avail as far as it can. Gum sit contra prseceptum Domini, " Non tentabis Domi- num Deum tuum." ^As it is against the command of tho Lord, " Thou shalt not tempt the Lord thy God." CtJM tali filia mea, &c. tenendum sibi, et hseredibus suis de cafne talis uxoris. " With this my daughter, &c. to hold to him and the heirs of the body of such wife." Words often found in ancient settlements of land. Cum testamento annexo. With the will annexed. CuNA. — Coin. CuNEABE. ^To coin. CuNCTANDO restitnit rem. ^He restored his cause by delay, CuNCJTAS nationes, et urbes populus, aut primores, aut singuli regunt : delecta ex his et constituta republicse forma laudari facilius quam eveniri, vel, si evenit, baud diuturna esse potest. The people, or chiefs, or individuals, govern all nations and cities ; and &e constituted form of a com- monwealth chosen from' them is more easily praised than practised ; or if it be so (constituted) it cannot long exist Cuba animarum. Care of aouls. CuBATOE ad hoc. A fecial gualrdian. CuEATOEES viarum. Surveyors ox guardians of the public roads. CUBFEW. A bell which w^s rung' by law at eight o'clock in the evening in England, from the time of the Norman conquest till the reign of Henry First. When this bell rang every householder was compelled to coter his fire and put out his light. The object of this practice ofi^ally was to prevent the Saxons or any other persona from meeting together in pairties by night for seditious piir- pofeei or to plot against theit conquerors. CuEiA advisare vult. ^The court wUl consider (th« matter). LAW GLOSSARY. 87 CuELA. advisare vult post, &c. The court will advise afterwards, &c. Curia comitatus. The county court. Vide note. CuEi^ christianitates. Ecclesiastical courts. Vide note. Citric speciales. Special courts. Vide note. GuBiALiTAs. The tenure by courtesy. Curia palatii. The palace court. Curia publica. A public court (of law). Vide note. Curia regis. The court of the king. CuRiARUM : habet unam propriam, sicut aulam regiam, et justiciarius capi talis, qui proprias causas adjudicat, &c. Of courts : he has one peculiar court, as a royal court ; a chief justice who tries the proper actions, &c. CuR omnium fit culpa, paiicorum soelus ? Why should the iniquity of a few, be laid to the account ofaU? CuRRiT quatuor pedibus. " It runs upon four feet." CuRRUS. A chariot. CuESlTOR. — ^A clerk belonging to the English Court of Chancery, whose office is to make out original writs. CuESUs. A course or practice. CuETiLES terrse. Court lands. CuSTODES pacis. Justices of the peace. CusTODES placitorum in plenu comitatu. The keepers of pleas in full coujity court. CusTODES poenam sibi commissorum non augeant, nee eos torqueant ; sed omni ssevitia remota, pietatique adhibita judicia debite exequantur. That the keepers do not in- crease the punishment of those prisoners committed to their custody ; nor torture them ; but all cruelty being removed, and compassion adhered to, that they duly execute the judgments. CusTODiA, Lat. — Garde, Fr. " A custody ; or care of defence." Sometimes used for such as have the care and guardianship of infants ; sometimes for a writ to sue by wardship, as droit de garde, right of wardship ; y'eetione de 88 LAW GLOSSARY. garde, ejectment of ward : and ravishment de garde. Vide Fitz. Nat. Br. 139. CtJSTODiA legis. ^Legal custody. Gustos brevium. The keeper of the writs. Gustos ferarum. A game keeper. Gustos horrei regii. Keeper of the royal granary. Gustos Eotulorum. The keeper of the Eolls, one of whom is appointed in each of the English counties. Gustos spiritualium. ^A keeper of spiritual or Eccle siastical matters. Gustos temporalium. In ecclesiastical law the person who was appointed by the king to the custody of a vacant see or abbey, and who, acting as the steward of its reve- nues, rendered his account of the same to the escheator. GusTUMA. Gustoms : duties. GusTUMA antiqua, et magna. The ancient and great customs (or duties). GusTUMA parva et nova. The small and new customs (or duties). GuTH. — Sax. Known. Uncuth. Unknown. Qy. Here. Gr apres. Hereafter. Gy pres. so near ; as near, Gymetee. A burial place. OynebOte. See Gmegild. Gynsoue de burse. A pickpock«t. Gyeic. ^A church. {Saxon). Gyeicbeyce. Saxon name for breaking into a church. Cyeicsceat. ^A tribute due to the church. GrEOGBAFFE. A chirograph. Gyeogeaphum. Vide note. NOTES TO C. Campi paetitio. — Champerty. Before the passing of the statute to pre- vent this, men in power and affluence, frequently made such bargains with persons (who were unable to maintain a protracted suit) to recover i LAWGLOSSARY. 89 Ion of their estates. Man^landholders died in the crusades, and persons had wrongfully taken possession of lauds, and assumed the ownership, to the injury of the heirs of the deceased. Caitdidati. — "When men sought for office or preferment among the Romans, they were called " Gandidaii," from a white robe (toga) worn by them, which was rendered shining, {cadens vel Candida) by the art of the fuller; for all the wealthy Romans wore a gown naturally white {toga alba). This was, however, anciently forbidden by law (ne cui aXbv/m, i. e. cretam in vestimentum addere, petitionis causa licet). Liv. iv. 25. These candidates did not wear tunics or waistcoats, either that they might appear more humble ; or might the more easily show the scars they had received on the breast, or forepart of the body. In the latter ages of the republic, no one could stand candidate, who was not present, and did not declare timself within the legal days, 1. e. before the comitia were summoned, and whose name was not received by the magistrates : for it seems they might refuse to admit any one they pleased, but not without assigning a just cause. Tide Liv. viii. 15, xxiv. 7, 8. Val. Max. iii. 8 3. VeU. ii. 92. The opinion of the Consuls, however, might be overruled by the Senate, Liv. iii. 21. For a long time before the election, the candidati endeavored to gain the favor of the people by every popular art; Oic. Attic, i. ; by going round their houses (ambiendo); by shaking hands with those they met; by addressing them in a kindly manner, and naming them, &c., on which account they commonly had with them a monitor, or nomenclator, who whispered in their ears every person's name. Vide Bor. Ep. i. 6, 50. Hence Cicero calls candidates " natio officiosissim/i,'" 1. e. an over officious class. On the market days, they used anciently to come into the assem- bly of the people, and take their station on a rising ground (in coUe consistere), i. e. to stand upon a hill, where they might be seen by all. Macrob. Sat. i. IS. When they went down to the Campus Martins, at certain times, they were attended by their friends and dependents. They had likewise friends to divide money among the people (divisores). Cic. Att. i. 17. For this, although forbidden by law, was often done openly, and once it is said, against Caesar, even with the approbation of Caio. Vide Sutet. Jul. 19. There were also persons to bargain with the people for their votes called " Interpretes" ; and others in whose hands the money promised was deposited. Vide Cic. Att. in Verr. i. 8, 12. Sometimes the candidates formed combinations (coitiones) . to disappoint (ut d^ecerent), 1. e. that they might prostrate the other competitors. Oic. Att. ii Liv. iiL 35. So that it would appear, that even these ancient and stem republicans understood management in this respect, as well as they do at the present day. Capias. — Formerly, when a defendant was arrested, and brought into court upon the process, it was the duty of the plaintiff to deliver in his charge, to which the defendant answered ; and the plaintiff replied viva voce in per- son, in open court. The pleadings were then carried on by word of mouth, and the parties obliged personally to attend. But the stat. 13. Edw. the First, authorised the appointment of attorneys, who had full power in all pleas moved during the circuit, until the same were determined, or such attorney was removed. After that time, it appears that the personal attend- ance of parties being dispensed with, they carried on the pleadings in the court by their attorneys ; still, however, there were parol pleadings delivered viva voce ; and it has been said, that these viva voce proceedings continued till after the Reformation ; though others think they were reduced to writ- ing at a much earlier period. It is said, by some, so early as the reign of Edward the fhird, and there is good reason to conclude, from the alterations 90* LAW GLOSSABT. te the pleadings about that time, that they -were iiot hastily'spofcen, 'bat rathe* deliberately penned. It is dear, however, that the practice of delivering^ pleading, ore iernis, continued longer in the Common Pleas, than in the Court of King's Bench. When the mode of pleading was discontinued in the King's BeiSch, ilie praetiee was, that if the defendant appeared personally at the re- turii of the writ, the plaintiff was to declare within three days. If he appear- ed by attorney, he was to declare within the term. Capias ad SATiSPAClENDtm, &c. — ^Whilst society remained in its rudest and most simple form, debt seems to have been considered as an obligation merely personal. Men had made some progress towards refinement before creditors acquired the right of seizing the property of the debtors in ordej- to recover payment. The e3tpedients for this purpose were all introduced originally into communities ; and we can trace their gradual progress. First, the simplest, and most obvious security was, that the person who sold anjj commodity, should receive a pledge from him who bought it, which he re- stored upon maWng payment. Of this custom, there are veStiges in several charters of community. D'Ach. ix. 185. xi. 377. Secondly, when a pledge was given, and the debtor became refractory or insolvent, the creditor was allowed to seize his effects, with a strong hand, and by his private authority. The citizens of Paris are warranted by the royal mandate " et viieumqae, el quocwmque modo poterunt tantum plenarie habeant, et inde sibi invicem ad^vitores emstmii." Ordon. &c. tom. i. p. 6. This rude practice, suitable only to the violence of that which has beem called a state of nature, was tolerated longer than one can reasonably con- ceive to be possible in any society where laws and order were at all known. The ordinance authorizing it was issued A. D. H34, and that which corrects the law, and prohibits creditors from seizing the effects of their debtors, un- less by a warrant from a magistrate, and under his inspection, was not pub- lished till 1351. Thirdly. As soon as the interposition of a magistrate be- came requisite, regular provision was made for attaching or distraining the movable effects of a debtor: and if his movables were insufficient to discharge the debt, his immovable property or estate in land, was liable to the same distress, and was sold for the benefit of the creditor. D'AcK ix. p. 184, 185. xi. p. 348, 380. As this regulation afforded the most complete security to the creditor, it was considered as so severe, that humanity pointed out several Emitations in the execution of it. Creditors were prohibited from seizing the wearing apparel of their debtors, the beds, the door of their house, their instruments of husbandry, &o. D'Ach. ix 184, xi. 377. Upon the same principle, when the power of distraining effects became more gen- eral, the horse and arms of a gentleman could not be seized, ib. ix. 185. And as hunting was the favorite amusement of martial nobles, the Emperor I/udovicm Pius, prohibited the seizing of a hawk, on account of any debt ; but if the debtor had no other moveables, even these privileged articles might be seized. Capitis .sstimatio..— This means the payment of a fine, by the way of satisfaction to the person or family injured; and was one of the first devices of a rude people, to cheek the career of private resentment, and to extinguish these deadly feuds which were prosecuted among them with the utmost violence. This custom may be traced back to the ancient Grermans. Vide Tac. de mor. Ger. c. 21 ; and prevailed among other civilized nations. Many examples of this are collected by the ingenious and learned author of Historicod Law Tracts, vol. 1. p. 41. These fines were ascertained and levied in three different manners. At first they were settled by voluntary agreement between the parties at variance. When their rage began to subside, and they felt the bad effects of their con- tinuing enmity, they came generally to terms of concord, apd the satis- LAW GLO'SSAHY. 6l fadtion made was called " a composition," implying that it was fixed by mutual consent. Vide De I' Esprit des Ms, lib. xxx. c. 19. It ia apparent from some of the more ancient code of laws, that at the time these were compiled, matters still remained in that simple state. In certain cases, the person who had committed an offence was left to the resentment of those whom he had injured, utttil he should recover their favor, " guoque modo potnerit," (In what way he could.) Lex. Frisian tit. 11, sec. 1. The next mode of levying this fine was by the sentence of arbiters — an arbiter was called in the Begiani Majestatem, " anlicabilis compositor," Liv. xi. c, i. ; i. e. a friendly adjuster or arbitrator. He could estimate the degree of of- fence with more impartiality than the parties interested ; and determine with greater equity what satisfaction ought to be demanded. It is difficult to bring an authentic proof of this custom previous to the latw records of the fierce northern nations of Europe. But one of the Formnke Andeoagen^ ses, compiled in the sixth century, seems to allude to a transaction carried on, not by the authority of the judge, but by the mediation of arbiters cho- sen by mutual consent. Vide Bouquet Becueil des Histor, torn. 4, p. 566. But an arbiter wanted authority to enforce his decisions, judges were ap- pointed with coniipulsive powers of authority to oblige both parties to ac- quiesce in their decisions. Previously to this last act, the expedient of pay- ing compositions was an imperfect remedy against the pernicious effects of private resentment. So soon, however, as this- important change was intro- duced, the magistrate, putting himself in the place of the party injured, ascertained the composition, with which he ought to remain satisfied. Every possible injury that could occur in the ihtercourse of civil society was considered and estimated, and the compositions due to the persons aggrieved, were fixed with such minute attention, as to discover in mosi cases, amazing discernment and delicacy; but in some instances unaccountable caprice. Besides the composition, payable to the private party, a, certain sum caU^d "Fredum," was paid to the king or state, (as Tacitus expresses it,) or to the "Fiscus," in the language of the barbarous laws. Some authors, blending the ideas of modern policy with their reasonings concerning ancient transac- tions, have imagined that the " Fredum," was a compensation due to the community, on account of the violations of the public jfcace ; but it would appear to be Eftanifestly nothing more than the price paid to the magistrate for the protection which he afforded against the violence of resentment ; the enacting of which was d considerable step, in those rude ages, towards im- provement in criminal jurisprudence. In some of the more ancient codes of laws, the "/recto" are altogether omitted, or so seldom mentidned, that it is evident they were but little known. In the latter codes the "fredum," was as precisely specified, as the composition. In common oases it was equal to the third part of the composition. Vide Capitul. vol. i. p. 52. In some extraordinary cases, where it was difficult to protect the person, who had committed violence, the "fredum" was augmented. Idem. vol. i. p. 515. These "freda" made a considerable branch in the revenue of the barons ; and in whatever district territorial jurisdiction was granted, the royal judges were proiiibited from levying any "freda." In explaining the nature of the "fredum," the opinion of M. de Montesquieu is followed in a great measure ; though several learned antiquarians have taken the word in a different sense. Vide De V Esprit des Lois,- liv. xxx. c. 20, &c. The great object of the judges was to compel the party to give, and the other to accept, the satisfaction pre- scribed. They multiplied regulations for this purpose, and enforced them \>y grievous penalties. Leg. Longob. lib. i. tit. 9. sec. 34. Ibid. tit. 37, sec. 1, 2. OapiM. vol. I p. 311, § 22. The person who received a composition was oJKjed! to cease from aU further hostility ; and confirm his reconciliation to the adverse party by an oath. Leg. Longob. Mb. i. tit. 9, sec. 8. As an ad- ditional, and more perfect evidence of reconciliation, he was required to give a bond of seeurity to the person from whom he received the composition, 92 LAW GLOSSARY. absolving him from all further proaeoution. Maircdfus, and other writers of ancient writs, have presented several forms of such bonds, vide Ma/rc. lib. ix. sec. 18. Append. 23. Form. Surmondica § 39. The Letters of Slams, known in the laws of Sooiland, are similar to these bonds of security. By the Letters of Slanes, the heirs and relations of a person who had been murdered, bound themselves in consideration of "an assythmeni," or com- pensation paid to them, " to forgive, pass over, and forever forget, and in oblivion inter all rancour, malice, revenge, grudge and resentment, thai they have, or may conceive against the aggressor or his posterity, for the crime which he had committed, and discharge him from all actions civil or criminal, against him or his estate, for now and ever." "Vide System of Stiles by Dallas of St. Martins, p. 862. In the ancient form of Letters of Slanes, the private party not only "forgives and forgets," but "pardons OMd grants remission of the crime." This practice, DaMs, reasoning according to the principles of his own age, considers as an encroachment on the rights of sovereignty ; as none he says could pardon a criminal but the king. ibid. But it appears that in early times, the prosecution, the punishment and iY^e pardon of criminals, were all deeds of tiie private person who was injured. Madox has published two writs, one in the time of Edward the First I the other in the time of Edward the Third, by which private persona grant a release, or pardon of all trespasses, felonies, robberies and murders committed. Promvl. Anglican, nos. 1W, IQi. In the last, however, of these instruments, some regard seems to be paid to the rights of the sovereign, for the principal is pardoned, " en quant que in nous est," (in as much as in us lies). Even after the authority of the magistrate was interposed in prevent- ing crimes, the punishment of criminals was long considered chiefly as a gratification to the resentment of the persons who had been injured. It is remarkable how similar this is to the aborigines of North America ; and per- haps to the custom of all nations in a rude state of society. In Persia, a murderer is stUl delivered to the relations of a person whom he has slain, who often put him to death with their own hands. If they refuse to accept a sum of money as a compensation, the sovereign, absolute as he is, cannot, it is said, pardon the murderer. Vide Voyages de Ghardin, iii. p. 417, edit. 1135, Ho. also Voyages de Travenier, liv. v. c. 6, 10. Among the Arabians, the same custom still subsists. Vide Description De V Arabic par M. Niebvhr, p. 28. By a law of the kingdom of Aragon, as late as the year 1564, the punishment of one condemned to death cannot be mitigated, but by the consent of the parties who have been injured. Fueros, and Observancias del Eeyne de Aragon, p. 204, 6. Lady Montague in her letters says that "mur- der is never prosecuted by the officers of government. It is the business of the next relations, and these only to revenge the murder of their kinsman, and if they rather choose, as they, generally do, to compound the matter for money, nothing more is said about it." Celt^. — Of all the Celtic nations, that which possessed old Gaul is perhaps the most renowned ; not, probably, on account of worth superior to the others, but from the circumstance of warring with a people, who had historians to transmit the fame of occurring events to posterity. Britain was peopled with them, according to the testimony of respectable authors. Vide Goes. lib. 1 Tdc. Agric. c. 2. Its situation, with respect to Gaul, makes the opinion probable; but that which apparently puts it beyond dispute, is, that the same customs and languages prevailed among the inhabitants of both in the time of Julius Ccesar. Vide Cais. Pomp. Net. Tacit. That the ancient Scots were of Celtic original, is past all doubt. Their conformity with the Celtic nations, in language, manners and religion, proves it to a full demonstration. The Gelice were a great and mighty people, ' altogether distinct from the Goths and Tentones, and they at once extended their dominion over all or greatest part of the west of Europe j but they LAW GLOSSAET. 93 seem to have had their most full and complete establishment in Baid. Wherever the Celtce or Gauls are mentioned by ancient writers, we seldom fe,il to hear of their Druids and their Bards; the institution of which two orders was the capital distinction of their manners and policy. The Druids were their philosophers and priests ; the Bards, their poets and recorders of heroic actions: and both these orders of men seem to have subsisted among them, as chief members of the state from time immemorial. We must not, therefore, imagine the Oeltce to have been altogether a gross and rude nation. They possessed, from very remote ages, a, formed system of discipline und manners, which appear to have had a lasting influence, and although the antiquarian has scarcely, if ever, informed us, that many of their principles and maxims became incorporated, and made part and still continue to be the common law of England, yet it is more thauprobaUe that such was the case, and that tradition has handed down some of the -svise maxims and doctrines of their jurisprudence between man and man, as established by their Druids and PMlosopliers. Ammianus Marcellinus gives them this express testimony, that there flourished among them the most laudable arts, introduced by the Bards and by the Druids, who lived in retired places in societies, after the Pythagorean manner, and philosophizing upon the highest subjects, asserted the immortality of the soul. "Per hoec lorn," (speaking of Gaul,) "hominihus paidatim excuUis viguere stadia laudabilium doctrinarum ; inchoata per Bar- dos et Euhages et Druidas. Et Bardi quidem foriia virorum iUustrium facta heroicis composita versiJms cum dulcibus lyrae modulis cantUarunt, Euhages vera scndantes serium et suUimia naturae pandere condbantur. Inter hos, Druidce ingeniis celsiores, ut auctoritas Pythagorce decrevit, sodalitiis adstricti consortiis, qucestionibus aitarum occultarumque rerum erecti sunt; et despandes humana pronuntidrunt animas immortales." Amm. Marc. lib. xv. c. 9. " In these parts, the study of commendable science flourished by easy degrees among the educated men ; these things originated with the Bards, Orators and Druids. The Bards also sung suitable songs respecting the illustrious deeds of their heroes, accompanied with the delightful notes of the lyre. And the Orators endeavored to show the secrets of creation, and the sublime things of nature. Among those the Druids were the most eminent in Utera- ture (or science) according to the authority of Pythagoras, and were bound by mutual sympathies closely with each other — they encouraged the knowl- edge of high science, and despising human things, asserted the immortality of the soul." Though Julius Ccesar, in his account of Gaul, does not ex- pressly mention the Bards, yet it is tolerably plain that under the title of Druids he comprehended that whole order; of which- the Bards, who, it is probable, were the disciples of the Druids, undoubtedly made a part. Ac- cording to his account, the Druidical institution first took its rise in Britain, He adds, too, that such as were to be initiated among the Druids were ob- liged to commit to their memory a great number of verses, inasmuch that some employed twenty years in this course of education ; and that they did not think it lawful to record their poems in writing, but sacredly handed them down by tradition from race to race. Tide Ccesar de hello Gall. lib. vi. It is not too much, therefore, to suppose that many maxims and principles now composing part of the common law of England owe their origin to the Geltai. The Bards were held in high estimation by this warlike nation ; and it may not even here be unentertaining to mention a circumstance related by Priscus, in his history of the embassy to Attila, King of the Buns, which gives a striking view of the enthusiastic passion for war, which prevailed among the fierce barbarians of the north, who swept away as it were with " the besom of destruction" the Roman nation, their laws, religion and in- stitutions. When the entertainment, to which that brave conqueror admit- ted the Roman ambassador, was ended, two Scythians advanced towards Attila, and recited a poem, in which they celebrated his victories and mili- tary vuiiues. "AH. the Suns fixed thek eyes with attention on the Bards; M LAW GLOSSARY. some seemed to be delighted with the verses, thus remembering their own battle exploits, exulted with joy ; while such who were become feeble through age, burst out into tears, bewailing the decay of their vigor, and the state of mortality to which they were rapidly hastening." Excerpta ex Mist. Prisci. It is supposed that among the ancient inhabitants of Scotland and JvelamA, not only the Kings, but every petty chief had their Bards attending them in the field. Ossian, in hisyepic poom, entitled " Termra," says, "Like waves, blown back by sudden winds, f^'rin retired at the voice of the King. Deep-rolled into the field of night, tjiey .spread their hummiiig tribps. Be- neath his own tree at intervals each Bard sat down with his harp. They raised the song, and touched the siring each to the chief he loved." Those Bards in proportion to the power of the chiefs who retained them, bad a number of inferior Bards in their train. Upon solemn occasions all the Bards in the army would join in one chorus; either when they celebrated their victories, or lamented the death of a person, worthy and renowned, slain in the war. The words were of the composition pf the ArchrBarcl, retained by the King himself, who generally attained that, high oiflce on ac- count of his superior genius for poetry. Centumviei. — These were judges among the Romans, chosen from the thirty-five tribes, three from each tribe, so that properly there were one hjmdred. and five; but they were always named by a round number one hun- dred (" centumviri.") Vide Festus. The causes which came before them, (catis(B cehtumvirales) are enumerated by Cicero de Orat. i. 38. They seem to have been first instituted soon aftar the creation of the Praetor, Peregrinus. They judged chiefly concerning testaments and inheritances. Cic. ibid, pro Ocecin. 18. Vol. Max. vii. 7. After the time oi Augustus, they formed the oounailof thePrtEtor, and judged in the most important causes, Tac.de Orat. 38 ; whence trials before them (judicia cent^mvirilia) are sometimes distin- guished from private trials. Plin. Ep. i. 18, vi. 4, 33 — Quinctil. iv. 1, v. 10; but these were not criminal tfials, as some have thought, vide Sv^t. Vesp. 10; for in a certain sense all trials were public (Judicia jnMica). Cia pro. Arch. 2. The number of the Gentumviri was increased to one hundred and eighty ; and they were divided into fotfr counoiK Plin. Ep. i. 18, iv. 24, vi. 33, Quintil. xii. 5. Hence, where we find the words "quadrupUx yWtciuJW," they mean the same as " cemtumvirale." Ibid. Sometimes they were only divided into two. Quinct. v. 2, xi. 1 : and sometimes in import- ant cases they judged altogether. Vqi. Max. viii. 8. A cause before the Gentumviri could not be adjourned. Plin. Ep. i. 18. Ten men called "Decemviri^ were appointed; five .senators, and five eqnites, to assem- ble these counsels, and preside in them, in the absence of the Prtxtor. Suet. Aug. 36. Trials before the Gentumviri were usually held in the Basilica Jvlia. Plin. Ep. ii. 24; but sometimes in the Forum. They had. a spear set upright be- fore them. Quinct. v. 2. Hence the term we sometimes find of "judicium hastoi," i. e. the judgment of the spear, for '^cemtumvirale." Val. Max. vii. 8, 4. " Geniumviralem liastam cogere," i. e. to assemble the courts of the Gen- tumviri, and preside in them. Smt. Aug. .36. So " '•s-?; i.m gravis Tiasta viro- rum," i. e. the solemn sentence of the Centum vni. J^ait. Ep. vii. 62. " Cessat cenieni moderatrix judicis hasia," the spear government, of the Centumvu-'s ceases. Stat. Salv. iv. 4,. 43. The Centumviri continued to act as judges for a whole year. The Decemviri also judged in certain cases, Gic. Goecin. 33 ; and. it is thought that, in particular cases, they previously took cognizance of the causes which were to come before the Gentumviri; and their decisions were called " prcejudicia." Tide Signonius de Judic. CHAnT.a-rOLiA, vel PLAGnLiE.— When in the writings of various anthora we find either of these words, we are apt to consider the subHance of th« LAW GLOSSARY. 96 « matter- somewhat similar to the paper now in use ; but if we tafee the troji,hla to 'tisiae%heprogres»of writing, and the rrufieric^ used, in the different ages of the world, we shsll obtain some curious and entertaining information, as well in respect of the wrUiHig, as of the matter upon which, from time to time, letters have been made. It has been well observed that the knowledge qf writing is a constant mark of civilization. Before the invention of this art, men employed various methods to preserve the memory of important events ; and to Communicate their thoughts td those from whom they were sepaiated. The me^iory of importapt events was probably, in Vmfwst ages of the world, preserved by raising altars, or heaps of stones, vide Genesis, c. xxviii. v. 1-8, and iv. Joshua from 3 to 9 ; planting groves, and instituting names and fes- tivals; and was afterwards more universally transmitted to iposterity by historifeal songs (Ex. c. xv.\ &c,, as was also the custom of the Drui^. Vide Tacit, de -rmr. Germ., and see note to Oeltce. One of the first attempts towards the representation of thought was the painting of objects : Thus to represent a murder, the figure of one man was drawn, stretched on the ground, and another with a deadly weapon standing over him. When the Spaniards first arrived in Mexico, it is said that the inhabitants gave notice of it to their Emperor, Montezuma, by sending him a large cloth, on which was painted what theyhad just seen. The Egyptians contrived certain signs, or symbols, eaWei. Hieroglyphics, whereby they represented several things by one figure; and two or three gentlemen of curiosity and learning, it is reported, liave lately been, to some extent, successful with a few of these Hieroglyphifis, in establishing their true meaning ; and perhaps it is not too much to hope, that the time is not very distant, when many material facts will be illustrated by a farther acquaintance with them, which must tend very much to assist our knowledge of some ancient authors ; and be a great desideratum, particularly to the bibUcal critic. The Egyptians and Fhtenicians both contended about the honor of having invented letters. Tac. Ann. xi. 14. PUn. vii. 56. Luan. iii. 220. Cadmus, the Phoenician, first introduced letters into Greece, nearly fifteen hundred years before Christ. Vide Herodot. v. 68. They were then only sixteen in number. To these, four were added by Palamedes, in the time of the Tr(^an war; and four afterwards by Simonides. Tide Plin. vii. 56, s. 57. Sygm~fab. 211. Wjetters were brought into Latium,, by Evcmder, from Greece. Ibid, et Liv. i. V. The Latin letters, at first, were nearly of the same form with the Greek. Tacit. Plin. vii. 58. Some nations ranged their letters perpendicularly from the top to the bottom of the page ; but most of them horizontally. Some from the right to the left, as the sAreuis and Assyrians. Some from right to left and vice versd, alternately, like cattle ploughing ; as.the ancient Greeks. But most adopt the form we use, from left to right. The most ancient materials for writing were stones, and bricks. Vide Josephus' Antiq. Jud. Tac. Ann. ii. 60. Imwn, iii. 223. Thus the decalogue, vide Exod. xxiv. v. 12, and the laws of Moses, in all probability. Vide also X>eai. xxvii. v. 2, where the people were commanded to set up great stones, and plaster them with plaster, and write upon them all the words of the law. Then plates of brass were used. Vide Liv. iii. 57. Tacit. Amm. iv. 43 ; or of lead; vide Pim. xiii. 11, s. 21, also Job, xix. 24; and wooden tables. Vide Isaiah, xxx. 8. Sor. Art. Poet. GeU. ii. 12. On these, public acts and monuments were preserved. Vide Cic. Font 14. Liv. vii. 20. As the art of writing was little known, and rarely practiced, it behoved that the materials, should be durable. Capital letters only were used, as appears from ancient marbles and coins. The materials first used in common for writing, were the leaves or inner bark ijiber) of trees, whence haves of paper {cha/rtce, folia, vel plagiUoe), and mbeb, a book. The leaves of trees are still used for writing by several nations of India ; and bark may be obtained of that sizo and quahty in America, well adapted for writing upon. Afterwards, linen, vide lav. iv. 7, 13, 20 ; and tables covered with wax, were used. About 96 ■ LAW GLOSSAEY. tho time of Alexamder the Great, paper first began to be manufaotiared from an Egyptian plant, or reed, called papyrus, whence our word paper. Tho papyrus was about 10 cubits high; and had several coata or skins above one another, lilce an onion, which were separated with a needlp, or some such instrument. One of these membranes was spread on a table lengthwise, and another placed above it across. The one was called a stamen; and the other suistamm, as the warp and the woof in a web. Being moistened with the muddy waters of the Mle, which served instead of glue, they were put into a press, and afterwards dried in the sun. Then these sheets {plagiHa or Swedes) thus prepared were joined together end to end ; but (it is said) never more than twenty in what was called one scapus, or roll. Tide Plin, xiii. 11. s. 21. The sheets were of different sizes and quality. Paper was smoothed with a shell, or the tooth of a boar, or some other wild animal. Hence we read of charta dentata, i. e. smoothed or polished. Vide Gic. Q. fr. ii. 15. The finest paper was called at Rome after Augustus, " Augusta regia ;" the next lAvinia ; the third Bieratica, which used ancient- ly to be the name of the finest kind, being appropriated to the sacred volumes. The Emperor Claudius introduced some alteration, so that the finest paper •after him was called Claudia. The inferior kinds were called Amphitheatrica., Saitica Leneoiica, from places in Egypt, where paper was made ; and Eamniana, from Fannius, who had a noted manufactory for dressing Egyptian paper at Eome. Vide Plin. Papers which served only for wrappers was called Ettit poretica, because chiefly used by merchants for packing goods. Pine paper of the largest size, was called Macrocotta ■ (as we call some paper imperial ol royal paper), and anything written on it, MacrocoUum. The exportation of paper having been prohibited by one of the Ptolo- mies, out of envy against Emnenes, King of Pergamus, who endeavored to rival him in the magnificeuce of his library, the use of parchment, or the art of preparing shins for writing, was discovered at Pergamvus, hence called Pergamenta, sc. Charta vel Menibrana parchment. Hence, also, Csesar calls his four books of Academics, " quatuor libri e memhranis facti," i. B. the four books made out of skins. Att. xiii. 24. Dipthera Jovis is the register book of Jupiter, made of the skin of the goat Amalthea, (by whose milk he was nursed,) ou which he is supposedly the poets to have written down the actions of men ; whence the proverb, " Diptheram sero Jupiter inspexit," i. e. Jupiter too late looked into the register. And " Antiquiora diptfiera,'' i. e. more ancient registers. Erasm. in Chiliad, vide Poiluc. vii. 15. Aelian ix. 3. To this Plautus beautifully alludes. Sud. prol. 21. The skins of sheep are properly called parchment ; of calves, vdlum. Most of the ancient MS9. which have escaped the ravages of time are written ou parchment — few on papyrus. It is said that lately an ingenious method has been discovered of unfolding the rolls. ; Egypt having fallen under the dominion of the Arabs, in the seventh cen- tury, and its commerce with Europe, and the ConstaniiTiopoUtan empire being stopped, the manufacture of paper from the papyrus ceased. The .art of making paper from cotton, or silk, was invented in the East about the be- ginning of tho tenth century ; and in imitation of it, from linen rags in the fourteenth centui-y. The instrument used for writing on waxen tables, the bark of trees, plates of brass or lead, &c., was an iron pencil, with a sharp point, called stylus, or graphum. Hence "stylo abstinco," i. e. I forbear writing. Plin. Ep. vii. 21. On paper or parchment, a reed sharpened and spUt in the point like our pens, called calamus, arundo, fistula, vel canna, which they dipt in ink, {atra- mento intingebant, ) as we do our pens. Oic. Att. vi. 8, &;c. Sepia, the cuttle fish, is sometimes put for ink, {Pera.) because when afraid of being caught it emits a black matter to conceal itself; which, it is said, the Romans used for ink. Gic. de nat. D. ii. 20. The ordinary writing materials of the Romans were tablets covered with LAW GliOSSART. W wax, pa/per aad parchrMiti, Their stylus was broad at one end ; bo that when they wished to correct anything, they turned the stylus, and smoothed the wax with the broad end, that they naight write on it anew. Hence " sffipe stilum Vertas," i. e. to make frequent corrections, or change the man- ner of composition. Vid. Sor. Sat, i. 10, 72. An author while composing, usually wrote first on these tablets for the convenience of making alterations; and when anything appeared suffi- ciently correct, it was generally transcribed on paper, or parchment, and published. Vide Hor. SaU ii. 3, 2. It seems one could write more quickly on waxen tablets than on paper, -jvhere the hand was retarded by frequently dipping the reed in ink; Qmnct. x. 3, 30. The labor of correcting was compared to that of working with a file, {lima Ixbbor,) hence " opus liinare," to polish. (Cic. Orat. i. 25 :) " limare de aliquo," to lop off redundancies. Ibid, iii. 9. " Supremam limam opariri," i. e. to wait the last polish. Plin; Bp. viii. 5. " lAma mordacius uti," to cor- rect more carefully. Ov. Pont. i. 5, 19> " Liber rasus lima wmlci,'" polished by the correction of a friend. lb. ii. 4, 17. "^Ultima lima defait mefs scrip- lis." Ot. Trist. i. 6, 30, i. e. suTnma inanus operi defuit, vet non imposita est ; i. e. the last polish was not put to the work — it was not finished. The Romans also used a kind of blotting, or coarse paper, or parchment, (charta deletiiia,) i. e. blotting paper called palemsestos, on which they might easily erase what was written and write it anew. Mart xiv. 1. But it seems this might have been done on any parchment. Vide. Ror. AH. p. 389. Tery many of the writings of the classic age were, in the former cen- turies of the Christian era, erased to make room for the rude, undigested and often ridiculous composition of the Monkish clergy. The Romans com- monly wrote on one side only of the paper or parchment, and joined (" ag- glutinebant,^'') i. e. glued one sheet {Schjeda) to the end of another, till they finished what they had to write ; and then rolled it up on a cylinder or stafij (hence volumen — a volume or scroll.) Vid, Isaiah, xxix. 1 1. An au- thor generally included one book in a volume, so that generally in a work there was usually the same number of volumes as of books. Thus Ovid calls his fifteen books of Metamorphoses "muiatcE ter quinqtie volumina formoe.'" "When a book was long, it was sometimes divided into two volumes. "When a book, or volume was finished, a ball, or boss of wood, bone, horn, or the like was affixed to it, on the outside, for ornament and securiliy, called " umbilicus" — hence the expression " ad umbilicum ad- ducere," to finish. The Romans, it is- said, frequently carried with them wherever they went small writing tables, called " pugiUares," on which they marked down anything that occurred. (Plin. Ep. i. 6,) either with their own hands, or by means of a slave, called from his office " Xbtarius," or Tabullarius. These pugiUares were of an oblong form, made of citron, box- wood, or ivory ; also of parchment, covered with colored or white wax. {Ov. Am. i. 12, 1,) containing two leaves, three, four, five, or more, (Mart.) with a small margin, raised all round, as may be seen in the models of them which still remain. They wrote on them with a stilus, hence " ceris et stylo incumbere," (to apply with wax and stUe,) for in pugiUaribus scribere, (to write on the note books or tables.) Vide Plin. Ep. vii, 27. " Eemittere stir htm," i. e. to give over writing. lb. As the Romans never wore a sword or dagger in the city, {Plin. xxxiv. 14. s. 39,) they often upon a sudden provocation used the graphvm, or stilus, as a weapon, {Suet. Gas. 0. 28, &o.,) which they carried in a case. Hence probably the stiletlo of the modern Italians. When a book was sent anywhere the roll was tied with a thread, and was placed on the knot and sealed; hence "signata volumina," i. e. sealed volumes. Vid. Hor. Ep. i. 13. So letters, Cic. Cat. iii. 6. The roll was usually wrapt around with a coarser paper or parchment, Flin. xiii. ; or 7 98 LAWGLOSSABT. with part of an old book, to which Bor. is supposed to allude, iiid. jin i.20. - Julius Ccesar, in his letters to the senate, introduced the custom of divid- ing them into pages, (pagime,) and folding them into the form of a pocket book, or account book, with distinct pages, like our books, whereas for- merly Consuls and Generals when they wrote to the senate used to continue the line quite across the sheet, (irimsvera cha/rta,) i. e. athwart the paper, without any distinction of pages, and roll them up in a volume. Suet. Gas. 56. Hence, after this, all applications and requests to the Emperors, and mes- sages from them to the senate, or public orders to the people, used to be written, and folded in this form, and were called "Libelli." Suet. Aug. Mart. &c. Chiroghaphum. — Girographum, Cyrographum. This word signifies hand writing, or writing with one's own hand. It is of Greek origin, in use among the Romans to denote a bond or obligation, written or subscribed with a person's own hand. The Saxons borrowed it of the Latins, to apply to public instruments of gift or conveyance, attested by the signatures and crosses of the witnesses present. The Normans altered the form of executing these instruments and their name also ; which they termed charia. But in time a practice arose of exe- cuting these charters or deeds in two parts ; that is a part and a counter- part. They wrote the whole of the instrument twice on the same sheet of paper, or skin of parchment, leaving a space in the middle between the parts where the word Chieogeaphum was written in capital letters. Then the parchment was divided by cutting it across through these letters, so that when the two parts were separated, one would exhibit one half of the capital letters, and one the other half; thus, when joined, the words would appear entire. At first this cut was made in a straight line. Afterwards they cut through the word in acute angles, passing between the letters al- ternately like the teeth of a saw, which gave these deeds the name of in- dentwes. See Reeves Hist. Eng. Law. Cnafa. — Sax. A knave. — This old Saxon word had at first a sense of simplicity and innocence, for it signified " a boy." The Sax. (" Gnafa") distinguished a boy from a girl, in several ancient writers. Thus, the poet says, "a knave child between them two they gate." Gower's Poem. And Wickliffe, in his old translation, Exod. i 16, says, " if it be a knave child," alluding to Pharaoh and the Hebrew children, vid. Exod. l v. 16. Afterwards the word was taken for a servant boy. At length, however, it was applied for any servant man ; also to a member or officer who bore the weapon, or shield of his superiors, as "scild knapa," whom the Latins call "armiger," and the French "escuyer," whence the English word "es- quire," — we find at games with cards that the one immediately inferior to the queen in each suit is called "the knave;" a word, probably, at the time cards were first introduced hito England, signifying an officer or servant who bore the shield of; or waited upon his superior. It was sometimes of old made use of as -a. titular addition, as "-Jdhanries G.fiUus Williehelmi G. de Derby, knave, i. e. John C. the son of "William C. of Derby, a knave. In the vision of Piers Plowman are these words, " Gokes, and ihierre knaves cry den holes pyes," i. e. " Cooks, and their boys cried hot pies." This word knave, however, with many others in the English language, has now another and a different signification. The reader will, perhaps, pardon one digression, elucidatory liow a living language can not only vary its signification, but how some words in process of time completely alter in their signification. In Psalms xxi. v. 3, are these words, "For thoM preventest him with the bless- ings of goodness." At the present day this is mystery to many readers, but if we revert to the original meaning of the word "prevent," derived from the Latin "pravenio" to go before, the sense ia very obvious. So the words of LAWGLOSSARY. 99 the collect, "prevent us, Lord, in all our doings with thy most gracious favor," &c. A curious instance of the old use of this word occurs in Weller^s " Angler," where one of the characters says, " I mean to be up early to- morrow morning to prevent the sun rising," that is, to be up before the sun. Numerous other instances might be added to prove, if necessary, that words are conlinuaUy and gradually changing their original significations ; and some have obtained totaUy different ones — ^this proves how very cautious authors should be to adhere to the strict etymology of words. Cnyt. — Sax. knight — Lat. miles, and eques auratus, from the guilt spurs he usually wore. — Blackstone remarks that it is observable that almost all na- tions call their knights by some appellation derived from a horse. Mr. Chris- tian, however, in his notes on Bladkstone, says that it does not appear that the English word knight has any reference to a horse, for cniht, in the Saxon, signified puer, servus, or attendant, vide also Spelm. in v. v. knight, miles. There is now probably only one instance where' it is taken in that sense, and that is "knight of the shire," who properly serves in parliament for a county; but in all other instances it is supposed to signify one who "tears arms," who for his virtue and natural prowess is exalted to the rank of knighthood. Camden, in his Britannia, thus shortly expresses the manner \)f making a knight: "Nbsiris vera temporihus, qui equestrem dignitatem sus- cipit, flexis genibus, leviter in humero percutitur, princeps his verbis gaUice affd- tur," I e. in our time he who would receive knighthood being on his bended knees, is gently touched on the shoulder, the prince speaking to him in these words, "Arise, or be thou a knight, in the name of God." " Soiyez vel sots. Chevalier, au nom de Dien." This is meant of Knights Bachelors, the lowest, but a very ancient degree of knighthood in England, for wo have an instance of king Alfred conferring this order on his son Athdstan. Knights, Black- stone says, were called "Milites," because they formed part of the royal army in virtue of their tenures under the feudal system. CoMiTiA Tributa. — The names of tribes was probably derived either from their original number three {a numero temario), or from paying tribute, vide Liv. i. 43. The first tribe was named from Romulus, and included the Roinan citi- zens who occupied the Palatine hill ; the second from Titus Tatius, and in- cluded the Sdbines, who possessed the Gapitoline hill ; and the third from one Ziucumo, a, Tuscan, or rather from the grove (o luco), which Romulus turned into a sanctuary, vid. Virg. ^n. viii. 342, and included all foreign- ers, except the Sabines. Each of these tribes had at first its own tribune or commander (tribunus vd prmfeclus), vid. Dionys. iv. and its own Augur, vid. Liv. X. 6. Farquinus Priscus doubled the number of tribes, retaining the same names j so that they were called Ramnenses primi, et Ramnenses secundi, or pos- teriores, &c. But as the Luceres in a short time greatly exceeded the rest in num- ber, Servius Tuliius introduced a new arrangement ; and distributed the citi- zens into tribes, not according to their extraction, but from their local sit- uation. He divided the city into four regions or wards, the inhabitants of which constituted as many tribes, and had their names from the wards which they inhabited. No one was permitted to remove from one ward to another, that the tribes might not be confounded, vid. Dionys. iv. 14 ; on which account certain persons were appointed to take an account where every one dwelt; also of their age, fortune. Sec. These were called city tribes, and their num- ber always remained the same. Servius at the same time divided the Roman territory into fifteen parts, (some say sixteen, others seventeen,) which were called country tribe* ITribus Eusiicce) "Vid. Dionys. iv. 15. 100 LAV etJiOgSAKY. In the year of the «r comitia cenimiaia) ke rEBCNia Concerning things capital (of life, liberty and law) of a Roman citizen, nothing shall be done except by the great assembly of the Comitia Centuriata. Qdod postremum populds jdssit, id jus ratcm esto. That which the people enaeted last, let that Tae accounted the law. :^OMIIIEM MORinUM m UBBE NE SEFE^TO, ^ETE URIXO. Bo not bury nOT burn a dead body in, the city. Ad DIVQS ADEONTO caste : PIEIIATEM ADmBEWTO, OPES AMOVENTO- fQw[ SEcns EAXIT, Dsns ipse vindex eeit. Go before the Sods devoBtly (or with purity), not considering thy rich^ He who acts contrary, God hiwsetf^wm be the avenger. FERIIS JUBQIA AMOTENTO. El PATRIIS RITIBUS OPTIMA GOLCTNTO. Strain from lawsuits on the holidays. Let them follow the most excellent .exam- ples (found) in the customs of their country. Pebjcjui pcena divuta, ExrriDM; HUMANA, depeous. The divine punish- ment of peijury is deatructiop ; the hitman punishnient is disgrace. Impius, jib audeto plaoabe dokis hum Deorum. Let not the ipipioiis man dare to appease the wrath of the Gods with offerijjgs. -Several authoriS have .endeavored to collect and arrange the fragments of the Twelve Tables. Of these the most eminent is Jkcobus Gothofredus. Ac- cording to his account, the first table is supposed to have treated of lawsuits. The seoond of thefts avd roWeries. The third of loams and tlie right otcred- efews over their deitors. The fourth of the right of /ii(7j«r« o/'^niij««. The fifth of inlverita-ace and yaardianship. The sixth ot properiy and possession. The seventh of trespasses and damages. The eighth of estates in. tlie coftnt/iy. The ninth of the common rights of .the. people. The tenth offrnieFols, and oB -cevemmpies relating, to the dead. The eleventh of the worship of the G«ds, and of religion. The twelfth of marriages and the rights of !m^nds. Several ancient lawyers are said to have commented on these laws, vide Cm;, de legg. ii. 23. — Plin. xiv. 13, but tlieir wofks are lost After the publication of the Twelve Tables, every one upiderstood what was bis right, but did not know the way to obtain it; for this they depended on the ,aasistance of their patrons. The origin of lawyers at .Rome was de- rived from the institution of patronage ; it was one of the offices of apatron to explain the law to his cheats, and to manage their lawsuits. Hence, a wealthy and generous Soman took on himself a very considerable troijbie, and was often waited upon by his clients at unreasonable times. Boraxe alludes to this in one of his elegant compositions. gee Sat i. on this. subject, part of which Francis has- tratislated as follows: When early clients thunder at the gate. The barrister applauds the rustic's fate ; Wiiile, by subpoenas dragged from home, the clown Thinks the supremely happy dwell in town. DEOEMlA^tlBS. — In the reign oi Alfred, the constitution of England appears to have undergone a considerable change; the kingdom bemg reduced into one regular and gradual subordination of government : one man was answer- able to his immediate superior, not only for his own conduct, but for that of Jtis neighioors : the people were classed in Decerma/ries, who were reciprocally the pledges ,a,ii,d conservators of each other. What was qt^Ued a Maidr^ appears Xo have consisted of ten of the?e J)ecema/ries, and a county composed a« indefinite number of these Bimdreds. Such a legislation was a wifie step for the,j)revention of ,^n^e. 148 LAW GLOSSARY. Dboim*. — ^Tithes: from the Sax. "Toetha," I e. Tenth. — Some law books define tithes to be an ecclesiastical inlieritance, or property of the church, cottateral to the estate of the lands thereof. But in others, they are more fully defined to be a certain part of the fruit of the lawful increase of tho earth, beast and man's labor, which, by law, hath been given to ministers of the gospel in recompense of their attending their office. Vide 11 Bep. 13. — Dyer, 84. Bishop Barlow, Sdden, FaCherPavl, and others, have observed that neither tithes nor ecclesiastical benefices were ever heard of for many ages in the Christian Church, or pretended to be due to the Christian priesthood ; and as that bishop affirms, no mention is made of tithes in the Grand Code of Canons (ending in the year 451), which is reputed to be a most authentic work ; and that it thereby appears that during all that time both churches and churchmen were maintained Taj free gifts and oblations only. Vide^or- fcw's Bemaina, 169. SMen on TiOies, 82 ; and Watson's complete Incum- hent. Selden contends that tithes were not introduced into England till towards the end of the eighth century, i. e. about the year 786, when parishes and ecclesiastical benefices came to be settled ; for it is said that tithes and ec- clesiastical benefices being correlative, the one could not exist without the other ; for when an ecclesiastical person had any tithes granted out of cer- tain lands, this naturally constituted the benefice : the granting of the tithes of such a manor, or parish, being, in fact, a grant of the benefice, as the grant of the benefice did imply a grant of the tithes; and thus the relation between patrons and incumbents was nearly analagous to that of lord and tenant by the feudal law. About the year 194, Offa, king of Mercia, (the most potent of all the Saxon kings then in Britain,) made a law whereby he gave unto the church the tithes of all his kingdom ; which the historians tell us was done as an expiation for the death of Efhdhert, king of the East Angles, whom, in the year preceding, he had basely caused to be murdered. But that tithes were before paid in England, by way of offerings, according to the ancient usage and decrees of the church, appear from the canons of Egbert, Archbishop of Torh, about the year 750, and from an epistle oi Boniface, Archbishop of Menbs, which he wrote to Cuthbert, Archbishop of Ganterlvry, about the same time; and from the seventeenth Canon of the General Council, held for the whole kingdom, at Ohalcuth, in the year 787. But this law of Offa was that which first gave the church a civil right to the tithes in England, by way of property and inheritance ; and enabled the clergy to gather and receive them as their legal dues by the coercion of the civil power : yet this establishment of Qfa reached no farther than the kingdoms of Mercia (over which Offa reigned), aai Northumberland, until Ethdwolf, about sixty years after, enlarged it for the whole kingdom of England. Vide Prideavoi on Kthes, 166, 167. The reader will observe that those persons entitled to benefices and tithes, insist that they claim by a title as ancient as almost any of the Kobles' or Commoners'" title to their estates. And they contend that it is as independently good and valid — ^that very many laymen have purchased tithes and advowsons in "market overt" as they would any other property at sale, and paid, perhaps, twenty-five or thirty years' purchase for them ; and that, consequently, any statute, tending to injure their rights, would be most in- iquitous and arbitrary. They further allege that tithes bear not so heavily on the public, as most persons on first consideration are apt to imagine ; be- cause lands which have formerly been exonerated from tithes (having been purchased from rehgious houses or monasteries), cannot be now purchased except for a much larger sum than is paid for those estates which are tithe- able ; they further contend that if tithes were altogether abolished, and gome other provision made for the clergy, and to compensate those who h^e bona fide laid out their money in the purchase of adrowsons, &c., that the LAW GLOSSARY. 149 public, in general, would not be materially benefited, as the great landed proprietors would then lay on additional rents for their lands, and the com- mercial and manufacturing part of the community would be unfairly taxed to pay a remuneration to the tithe proprietors.. De DEFAniE PE 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 VEsprii des Loix, liv. xxviii. c 28. Du Gange voc Defectua JuetituB. The number of peers or assessors iu the courts of barons was frequently very considerable. It appears from a criminal trial In the Court of the Viscouni de Lauiree, 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 VaistUe, torn. iv. Preuves, p. 114. But as the right of jurisdiction had been ugurped by many inconsiderable barons, they were often unable to hold courts. Hence arose one of the reasons for the appeal, De defauie de droit. Db mingribuS rebus, (fee. — If we consider that the ancient tribes who overran the Roman Empire lived in an abject state, under their chiefs, we are much mistaken. It is not improbable that when the honor of a tribe was concerned, the commands of a chief were willingly obeyed — but when an expedition of any magnitude was proposed, or law about to be made, a general council was held, in which they all deliberated; the vestige of this may be seen in the Witlenagemot of the ancient Saxons — and there was, probably, among those nations, whom we are too apt to call " Barbarians," a greater degree of hberty than it is reasonable to suppose could have ex- isted among nations almost totally destitute of literary acquirements. Dentue omnbs, Ac. — It appears that when the Popish clergy had such an unbounded power in England, Laymen sometimes paid their tithes to churches ovi of the jurisdiction in which they resided ; sometimes that a greater number oi masses might be sung for their souls ; at other times from private favor. This practice some of the principal prelates endeavored to abolish ; and ordained that tithes, tenths and offerings should be paid to a church near the residence of the person paying them. DEODAironM. — The Deodand seems to have been origincMii designed as an expiation for the sins of such as were snatched away by sudden death ; and, for that purpose, it is probable was intended to have been given to "Holy Church," in the same manner as the apparel of a stranger, who was formerly found dead, was applied to purchase masses, pro anima salute, for the wel&re of his souL And this may account for that rule of law that no Deodand is due where an infant, under age of discretion, is killed by a fall from a cart, horse or the like, not being in motion., whereas if an adult person fall from thence, and be killed, the thing is certainly forfeited, (vide 3 Inst. 51, I H. P. Cor. 422,) such infant being presumed incapable of actual sin, and therefore not needing a Deodand to purchase propitiatory masses, 1 Comm. 300. But if an ox, horse, or other animal, of his own motion, kill an infant, or an adult, or a cart run over him, they shall be forfeited as a Deodomd; which is grounded upon this additional reason, that such misfortunes are, in feet, to be attributed to the negligence of the owners, and therefore they are properly punished by the forfeiture. Bract., lib. 3, c. 6. Where a thing not in motion is the occasion of a person's death, that part only which is the immediaie cause is forfeited : as if a man be climbing up the wheel of a car^ 150 LAW (JEGSSAftT. *aBd is killed by fallW^froBl it; th&wheel tdone is a DeOdaHd. IKP.A 422 Bilt' where the thing is iii motion, all' tenehresccm( ootiM vesifi; arescant maiiti^, qitot ra/pveha^; d^Utenivt timrda 'ifiemlyrd, uke of MSlan,, eoneluded' a treaty of mairiage between his daughter and Ziomi, Duke of ClwrencSi Edward!s third son, A. D. 1367, and granted Mm a portion,, now equd to two hundred thousand pounds sterling. Eroit db A-uBilNE, — ^In many places, during the middle ages, ai strangeS dying, could not dispose of his effects by will ; and all his real' as weH as personal estate fell to the King, or to the Lord of the Barony, to the exclu- sion of his natural heirs. This practice of oonfiscating the effects of strangers upon their death, was. very anciMit. It is mentioned, though very obscurely, in a law of Cterto- magne, A. I). 813. Not only persons, who were bom in a foreign country,, were subject to the Droit de A'Obmne, but in some other countries, such as removed from one diocese to (mother, or from the lands of one Baron to those of another. Vide Srussel voL ii. p. 947, 949. It is hardly possible to con- oeive any law more unfavorable to the intercourse between nations, gome' thin^ similar, however, maif be found in the ancient laws of every kingdom in Htwope. As nations advanced in. improvement, this cruel practice' was gliaduaily abolished. K Eadem auctoritate.^ By the same authority. EadEM curia apad Westmonasterium adtuii«t tenta eads- tente.' At the same coiirt tken hoMen and being at Westminster. Eadeh persona cum defuncto. The sjane person as the deceased. Ma est in re prava pervicaeia, ipsi fidem vocant.— — That ■which is obstinacy in a depraved matter, they call honor, Ealdebmann. -Elder man. Sax. Eane.—— "Water. Ea sunt animadvertenda peccata maxime, quae difficnime prsecaventur. Those crimes are to be particularly pun^ ished, -which are with difficulty guarded against Eat inde quietus. " That he go thence discharged," Eat inde sine die.- — -" That he go thence without day :" ». e. that he be discharged : Eat sine die. ■■ ■ L et him go without day (or be dis changed). EbeeemokD.- Sax. Manifest murder. LAW aL OSS ART. 155 EeCif Hiodo mirum, quod fcetnina fert breve regis, flon nominando virum conjunctim robore legis. What new thing is this, that a woman brings the King's writ, without her husbaM being joined (therein) according to law I EccLESiA decimas non solvit eeclesise. " The church does not pay tithes to herself." Thus, where lands have been granted by religious hoixses to laymen, tithes are not payable. These lands are called " tAihefre^" EecLESl^ de feudo domini regis; non possuat in perpet' uum dari, absque assenu, et consensione ejus. The chmohes which belong to the King in fee^ cannot be dis- posed of in perpetuity, without his assent and concurrence. EcCLESiA non moritur. The church does not die. EcPIGPS. Gr. The attorney of a cor|»t>ratioQ. E CONSENSU patris. - B y the father's consent. E CONVEESO. ^On the other hand ; on the eontrafy. E coNTBABio ira,rte.^---^On the other hand. E DEBiTa justiti3e.-^--By a debt of justice. E DELICTO. From (or by) the crime, or offienee» EDietA magistratum, constitutio prineipis. The ordi- nance of the magistracy (or civil government) k the con- stitution (or decjfee) of the Emperor. EEg. Bees. Effoeceb. ^To aid or assist, Effbactobes.-— -Burglars. Effusio sanguinus.^-^ — The shedding of blood. ECrOj St^hemus Dei gratia^ assensu eleri et populi, in re- gem Anglotuni electus, &c. 1, Stejithen, by the grace of God, and by the consent of the elergy and people, elected • to the realm of Mngland. Egeediens et exeunsi Going out of the land. Ela. or Ey. Sax* An island. Eigne. The first born. Sometimes Eisne or Aisne. Ei incumbit probaitio qui dicit, non qui negat ; cum pei rerum naturum factum negantis probatio nulla sit. The proof lies upon him who accuses, not on him who denies^ 156 LAW6L0SSART, as in the nature of things, the fact of the denial is no proof. EiK. Scotch. An addition, Ei legitur in haeo verba. ^And it is read in these words. EiNECiA. Esnecia. The right of the first born. Ems ces que. Inasmuch as. Eire, Eyre, Eyer. The journey which the justices itinerant anciently made from one place to another to ad- minister justice. Ejectione de gardino. In ejectment for a garden. EjECTioira firmse. " In trespasi? for a fiirm :" trespass in ejectment. Ejectione firmse n'est que un action de trespass en sa nature, et le pleyntife ne recovera son terme que est^ venir, nient plus que en trespass I'homme recovera les dommagea pur trespass nient fait, mes a feser ; mes il convient a suer par action de covenant al comon ley a recoverei*son terme ; quod tota curia concessit. Et per Belknap, la comon ley est lou homme est ouste de son terme pa^r estranger il avera ejectione firmse versus cestuy que luy ouste ; et sil soit ouste par son lessor, briefe de covenant; et sil par lessee ou grantee de reversion briefe de covenant versus son lessor, et countera especial count, &c.-- — Ejectment of farm is only an action of trespass in its nature ; and the plain- tiff shall not recover his term, which is to come, any more than in trespass a man shall recover damages for a trespass not committed, but to be committed ; but then he must sue by action of covenant at the common law to re- cover his term : which the whole court agreed to. And according to Belknap, the common law is, that where a man is ejected of his term by a stranger, he shall have ejectment of farm (or an action of trespass) against him who ejected him ; and if he be ousted by his lessor, (he shall have) a writ of covenant ; and if by the lessee or grantee of the reversion, (he shall have) his writ of cove* LAW GLOSSARr. 157 nant against Ms lesson; and he shall count a special count, &c. Ejectment de garde. ^Ejectment of ward. Ejubabe. To abjure. Ejusdem generis. Of the same kind (or nature). Bleemosynarium. ^An almoner. Elegit. " He has chosen." A judicial writ directed to the sheriff, empowering him to seize one moiety of the defendant's lands for damages recovered. Elementa juris civili. The elements of the civil law. Elementa juris pfivata Gfermanici. The private ele- ments of the German law. Elidere. To defeat the pleading of an opponent. Eligendi, nominandiet appunctuandi. Elected, nom- inated, and appointed. Eliguntur in conciliis et principes, qui jura per pagos, vicosque reddunt : centeni singuli, ex plebe comites, con- silium simul et auctoritas adsunt. ^And the principal persons (or- chiefs) who declare the law in the districts and villages, are chosen in the councils : the hundredors are pres- ent at these (meetings) as Counts for the people, to advise, and also to authorize. Elisors, " Chosen persons." Those appointed by the court to try a challenge. Eloigned. To remove afar off. ^ Elongavit. He has eloigned. Emanake. To issue. Emancipatio et adoptio. Emancipation and adoption. Vide note. Embracery. The attempting to corrupt a jury. Emendals. An old word used in accounts to signify so much in bank ; to supply emergencies. • Emendatio. The correction of an error. Vide note. Emendatio panis et cerevisiae. The assizing of bread and beer. X^ LAW aiiOSSART^ .E MEBA gratia.. Pjom mere^faTor, Emphyteusis. A lease by whicli houses or lands are given to he possessed for a long period, upon condition that the land shall be improved, and a small yearly lent paid to 'the proprietor. • Emptiones, vel acquisitiones suas, det eui magis T-elit. Terrain aiitem quam ei parentes dedenmt non mittat extra CQgnationejn suam A person may give his purchased or acquired property -to whom he please. Bat the land given him by his paajents, he cannot dispose of that to the exclusion of his kindred. [This was the law of England for many yeais, until commerce and the general diffusion of learning made way for an alteration in this respeot.] Emptiokis, venditionis contraotsB argumentum. — r^The proof of a purchase and sale being made. Emptio sub coroDa--^^'^A purchase made under a crown (chaplet or garland). Vide note. Emptok emit quam miaimo potest; venditor vendit quam maximo potest.-— —A, purchaser buys as low as hp can ; a -vender sells for as much as he is able. En a&ayer de la pees.^ A br^ch of thg peace. En autre droit. In another's right. En cecas le ley entend le property de bestes en moy. In this case the law intends the ownership of the game to be ia me. s En cest court de Ohauncerie, home ne serra prejudice par son mispleading ou per defaut de forme, messolonque le veryte del mater; ear il droit agarder solonque con- sciens, et nemi ex rigore juris. In this Court of Chan- cery no man shall be prejudiced for his mispleading, or for default of form ; but according to the truth of the matter ; for it ought to be decided by eonseience, and not bythe rigor Qfithe. Jaw. Videnoie. Encheson.— ^^Oause ; reason. Enditeb. To indict. LAW GLOSS ABT. 169 En especes au cours de se jour. ^In tlie tjoin or cur- rency of the present day. Enfeoff. To give or convey a fee or fief. Engetter. To eject. Engleceby. The fact of being an Englishman. Engyn. Fraud; deceit. Enitia pars. The part of the ddest Enke. Tiik. En la defence sont iij choses entendantz : pertant quil defende tort et force, home doyt entendre quil se excuse detort luy surmys pereounte; et fait se partie al pie ; et per tant quil defende les dommages, il affirm le parte able destre respondu; et per tant quil defende ou et quant il devera, il aceepte la poiar de court de oounustre, ou trier lour pie. In a defence, these three things are under- stood : if he defends the injury and force, a man ought to consider that iie excuses himself of the wrongs imputed to him by the count, and makes himself a party to the plea.; and if he defends the damages, he admits that the party n able to answer ; and if he defends when and where he ought, he acknowledges the power of the court to ac- knowledge, or try the plea. Enlaegbb 1' estate. To enlarge the estate, or interest En le per. In the post. En pleyn vie. ^In full life. En poigne. In hand. En primes. In the first place. Enpeoueb. To improve. Ens. Existence. Ensement. ^Likewise. Ensenses. ^Instructed. EnsiestT per A. ^Pregnant by A. Ensy, ensi. Thus ; so. Entencion. ^A plaintiff's declaration. Enteblessb. Omitted Entbe. ^Entrv. 160 LAW GLOSSABT. Enteebat. An interloper. Enteelignube. Interlining. Enuee. To take effect. Enveee. To send. En ventre sa mere. In the ■womb. Eg instanti, At this instant ; immediately. Eg iatuito. ^With that view (or intent). Eg ligamine quo ligatur. By that tie by whicli he (or it) is bound. Eg maxime praestandum est, ne dabium reddatur jus do- mini, et vetustate temporis obscuretur. That is princi- pally to appear, lest the right of the lord be rendered doubtful and obscured by the antiquity of time. Eg nomine et numero. Under that name and number (or amount). Eg quod desiit esse mUes seculi qui factus est miles Christi: neo beneficium pertinet ad eum qui non debet gerere ofiGicium. Because he declined to be a soldier of this world who was made a champion of Christ; nor should he receive any advantage who ought not to do the duty. Eg quod tenens in faciendis servitiis per biennium jam cessavit. Because the tenant has ceased to perform ser- vice for two years. Eoegm enim merces non possunt videri servandse, navi jactse esse, quae periit. For their goods cannot be under- stood to be preserved, which were thrown out of the ves- sel, which was lost. Eos qui negligenter ignem apud se habuerint, fustibus, vel flagellis csedi.' That those who negligently carry fire with them, be beaten with clubs or sticks. Eos qui opibus valebant multos habuisse devotos quos secum ducerunt in beLo, soldurios sua lingua nuncupatos ; quorum hsec est conditio, ut omnibus invita commodis una cum his fruantur, quorum se amicitise dediderint, si quid iis per vim accedat, aut eundem casum, una ferant, aut sibi LAW GLOSSARY. 161 mortem oonsiscant: That those who were rich had many devoted to them, whom they took with them to the war, called in their own language, soldiers, whose condition was such, that they could enjoy all advantages in life, in com- pany with those to whom they had pledged their friend- ship ; and that if anything happened to them from vio- lence, or any other cause, that they might suffer together, even if it led to their death. EoTH. The Saxon word for an oath. Episcopi, sicut caeteri barones, debent interesse judiciis cum baronibus, quosque praeveniantur ad diminutionem membrorem vel ad mortem. ^The Bishops, as weU as the other barons, ought to be present at judgment with the Lords, unless prevented on account of loss of limb or death. Vide note. Eques. A Knight. Tide note. Equitas sequitur legem.— — Equity follows the law. Equites auratL Knights with gilt spurs. Equites Garterii. Knights of the order of the Garter, Vide note. Eeant in Anglias quodammodo tot reges, vel potitts tyranni, quot domini castellorum. There were in Eng- land, in a certain degree, as many kings or rather tyradts, as lords of castles. Vide note. Eeant omnia communia, et indivisa omnibus, veluti unum cunctis patrimonium esset. All things were com- mon and undivided to all, as if it were one inheritance for the whole. Erat autem hsec inter utrosque officiorum vicissitudo, ut clientes ad colocandas senatorum filias de suo confer- rent ; in sens alieni dissolutionem gratuitam pecuniam da- rent; et ab hostibus in bella captos redimerent. For there was this interchange of (good) offices between them, that the clients should contribute from their property, to portion the daughters of the senators : that they would give a voluntary sum for the payment of their debts : and 11 162 LAW GL03SAEY. redeem captives :^oiq the enemy when taken in war. Vide note, Ebciscebe. To divide. E EE nata. Arising from that business. Ergo ita existimo hanc rem manifesto pertinere ad ever- sionem juris nostri, ac ideo non esse magistratus haec obli- gates 6 jure gentium ejusmodi nuptias agnoscere, et ratas habere. Multoque magis statuendem est eos contra jus gentium facere videri, qui civibus alieni imperii sua facili- tate jus patriis legibus contrarium scienter violenter imper- tiunt. Therefore I consider that this thing clearly tends to the overthrow of out law, and on that account the mag- istrates are not to acknowledge by the law of nations the obligations of such marriages, and to confirm them. And much more is it to be resolved, that those who appear to do these things, act contrary to the law of nations, as know- ingly and rashly bestowing (marriage ceremonies) with such facility on the citizens of another dominion, contrary to the laws of their own country. Ebiach. In Irish law, the pecuniary satisfaction which a murderer was obliged to make to the frienda of the murdered. Eeigimus. ^We erect. Eeeoe fucatus nuda veritate in multis est prbbabilior ; et ssepenumero rationibus vincit veritatem error. Error artfully disguised is, in many cases, more probable than naked truth ; and frequently error overwhelms truth by its show of reasons. Ebeoe qui non resistitur approbatur. ^An error which is not resisted, is approved. Eruditus in lege. " Learned in the law." A coun- sel. EsBRANCATURA. A cutting off the branches of trees. Esc-S!TA. An escheat. EsCAMBiUM. Exchange. EscHAPEE. To escape. LAWGLOSSART. 163 Escheat. The reverting of lands to the state upon the death of the owner mthout heirs. Amencan law. Kenfs Commentaries. BsOHiER. To fall to. EscHUEK. To eschew. BscoTEK. ^To pay. ESCRIE. Notorious. Escrow. A deed or writing left with another, to be delivered on the performance of something specified. Escu. A shield or buckler. EscuAGE. ' ' Scutage — Knight's service." One of the ancient tenures of land. Eskippamentum:. ^In old English law, tackle of ships. • EsKiPPER. To ship. EsLisoR. Elector. EsPLEES. Full profits of land. EssART. "Woodland turned to tillage. Esse optime constitutam.rempublicam, quae ex tribus generibus illis, regali, optimo, et populari, sit modice confusa. That government is best constituted, which, is moder- ately blended with these three general things, the regal, aristocratic, and the democratic (orders). EssENDi qmetum de theolonio. 'A writ of exemption from toll. EssoiNER. ^To excuse. EssoiNDAT. The first general day of the term when the courts anciently sat to receive essoins or excuses, for parties not present, who had been summoned to appear. Est autem magna assiza regale quoddam beneficium, de- mentia principis, de concilio procerum, populis indultum ; quo vitae hominum' et status integiitatis tam salubriter eonsulitur, ut, retinendo quod quis possidet in libero tene- mento suo, duelli casum declinare possint homines ambigu- um. Ac per hoc continget, insperatse et prematurae mor- tis ultimum evadere supplicium, vel saltern pereiinis in- famise opprobrium illius infesti et inverecundi verbi, quod 164 LAW GLOSSAKY. in ore victi turpiter sonat consecutiTum. Ex equitate item maxima prodita est legalis ista institutio. Jus enim, quod post multas et longas dilationes vix evincitur per duellum, per beneficium istius constitationis commodius et accelera- tius expeditur. " For the great assize is a certain royal benefit granted to the people by the clemency of the prince, with the ad-^ce of the great men ; by which the lires of persons, and the state of their condition, are so wholesomely consulted, that, retaining what each possesses in his own freehold, men may decline the doubtful chance of single combat. And in this manner it happens that they may avoid the ultimate punishment of an unexpected and premature death ; or, at least, the disgrace of the en- during reproach of that odious and shameful word, which sounds dishonorably upon the lips of the vanquished. Therefore, from the greatest equity was that legal institu- tion framed. For the right, which, after many long delays, could scarcely be shown by gingle combat, by the benefit of this institution, ia more advantageously &nd speedily de- cided." [The author of this extract is here speaking of the hor- rible trial of the right to land, by Single Combat, the parti- culars of which are found in Black. Oomm. The odious word above referred to, which the vanquished uttered, was " Craven" upon which it was decided that he had lost his cause. The word Craven is even now used in many parts of England, and means " a Cowardri Vide note. Est boni judicis ampliare jurisdictionem. It is the part of a good judge to extend the jurisdiction. Est enim ad vindicanda furta nimis atrox, nee tamen ad refrenanda sufficiens ; quippe neque ftirtum simplex tarn ingens facinus est, ut capite debeat pleoti ; neque uUa poena est tanta, ut ab latrociniis cohibeat eos qui nullam aliam extern quserendi victus habent. (The law) is certainly too severe in punishing thefts, nor yet is it sufficient to re- strain them, for surely a simple theft is not so heinous an LAW GLOSSARY. 165 offence as to merit a capital punishment ; nor is any pun- ishment so great that it can restrain those persons from committing robberies, who have no other mode of seeking a livelihood. EsTENDEK To extend. EsTENTE. ^Extent. EsTERLiNG, Sterling. ^English silver penny. Estoppel. *' A stop :" a preventive plea. ESTOVERIA aedificandi, ardendi, arandi, et claudendi. Estovers for building, burning, ploughing, and for inclos- ing. Estovers. Wood cut from a farm by the tenant, which by the common law he has a right to use on. the es- tate for necessary purposes. Est quidem alia praestatio, quas nominatur HerieUum ; ubi tenens, Hber, vel servus, in morte sua, dominum suum, de quo tenuerit respicit, de meliori averio suo, vel de se- cundo meliori, secundem diversumlocorum consuetudinem. Magis fit de gratia, quam de jure. " There is, however, another service, called Herriot service, where the tenant (whether) a freeman or vassal, considers that on his de- cease, the lord of whom he holds is entitled tO the best beast, or the second best, according to the custom of dif- ferent places. It is done more out of favor than of right." [These Herriots are due, in many places in England, and ■ are now generally compounded for by a pecuniary fine.] Estreite. Straitened, EsTBEPAMENTUM. Injury done by a tenant for life upon lands or woods. Est senatori necessarium novi rempublicam ; isque late patet ; genus hoc omne scienti^, diligentiae, memorise est ; sine quo paratus esse senator nullo pacto potest. It is necessary for a senator to be acquainted with the constitu- tion ; and this is a knowledge of an extensive nature ; one of science, diligence and reflection, without which a sena- tor cannot possibly be fit for his office. Vide note. 166 LAW GLOSSAET. Et ad ea quae frequentius occurrunt. ^And respecting those things which more freqiiently happen. Et adhuo detinet.' And he still retains. Et ad omnia al' statut' contra deooctor' edit, et sic idem Johannes et EUanc/ra, vigore stat' prsedict' parliament' diet' dom' Eeginse nunc edit', dicunt qnod causa action' prsedict' accrevit prsefat' Miles, antequam idem Johannes Williarns devenit decoctor' ; et hoc parat' sunt verificare ; unde pet' jud' si praedict' Miles action', &c. ^And against all the other statutes made against bankrupts, and therefore the same John and Eleanor by force of the aforesaid statutes now passed in the said Parliament of our said lady the Queen, say that the cause of the said action accrued to the aforesaid Miles, before the said John Williams became a bankrupt y and this they are ready to prove, wherefore tibey pray judgment of the said Miles (should maintain) his action, &c. Et alii non venerunt, ideo respectuentur. And the others do not appear, therefore they are respited. Et cum duo jura in una persona concurr', sequam est ao si essent in dirersis. ^And when two -rights blend to- gether in one person, this is eqmtable, although they were (derived) from several sources. Et curia consentiente. ^And the court agreeing. Et damna, et quicquid quod ipse defendere debet, et dicit, &c. And the damages, and whatever he should defend, and says, &c. Et de hoc ponit se super patriam. ^And of this he puts himself upon the country. Et de jure hospitalis. And concerning the law of the hospital Et dona claud' sunt semp' suspiciosa. And private gifts are always suspicious. Et ego, et hseredes mei, &c., warrantizabimus. ^And I, and my heirs, &c., will warrant. Vide note. Et ejectione firmse. And in ejectment of farm. LAW GLOSSARY. 167 Et fuit dit que le contraire avait estre fait devant ces heures. And it was said that the contrary had been done in former times. Et gist toixts temps deins I'an et jour. And it always lies within a year and a day. Et hseredibus de carne sua. And to the heirs of her body. Et hasredibus eorum communibus (vel) hseredibus ipsius uxoris tantum. And to their general heirs (or) to the heirs of the wife only. Et hoc paratus est verjficare per recordum. " And this he is ready to verify by the record." [This was part of an ancient plea, where in support thereof the defendant appealed to the record.] Et hoc petit quod inquiratUr per patriam. And thw he prays may be inquired of by the country. Et hoc sequitur. And this follows. Etiam consentientibus. Likewise to those who agree. Etiamsi ad Ula, personse consueverint, et debuerint per electionem, aut quern vis alium modum, assumi. Al- though as to those matters, persons had been used, and ought to take them by election, or (by) some other mode. Et ideo dicuntur liberi. And therefore they are called (or declared to be) freemen. Bt impotentia excusat legem. "And inability ex- cuses (or avoids) the law." [Thus, if a man enter into a bond that a ship shall sail to the East Indies on a specified day, and the ship be de- stroyed before that day by lightning, &c., the bond is void ; et sic de similibtis.l; Et inde producit sectam. And thereupon he pro- duces suit. Et in majore summa continetur minus. ^And in the greater sum the less is included. 168 LAW GLOSSAKY. Et issint. ^And so. Et legitimo modo acquietatus. And in a legal man- ner discLarged. Et lex plus laudatur, quando ratione probatur. ^And law is the more praiseworthy when it is approved by reason. Et modo ad hunc diem venit. And in this manner he came to the day (or to the end). Et non alibi.' ^And in no other place. Et omnes comites et barones una voce responderunt " Quod nolunt leges Anglice mutare, quse hucusqne usitatse sunt et approbatae." ^And all the Earls and Barons Wnaramotw^y' shouted "That they would not change the laws of England, which heretofore have been used and ap- proved." Et personaliter, libere, et debito modo resignavit. And he resigned in person, freely, and in due manner (or •form). Et petit judicium de narratione ilia et quod narratio ilia cassetur.-; — And he prays judgment of that declaration Cor count), and that the same may be quashed. Et petunt judicium de breve, et quod breve illud casse- tur. And they crave judgment concerning the writ, and that the same may be quashed. Et prsedictos cives a tempore prsedicti mandati Eegis eis directi majoribus districtionibus graverunt, &c. From the time of the said command of the King to them direct- ed, they burthened the said citizens with heavy fines (or distresses). Et prsedictus A. B. similiter. " And the said A. B. (doth) the like. Et prsedictus quserens in propria persona sua, venit, et dioit, quod ipse placitum suum prsed' versus prsed' defend- en, ulterius prosequi non vult ; sed ab inde omnino se re- traxit. And the said plaintifif in his proper person comes and says, that he will not farther prosecute his said suit LAW GLOSSARY. 169 against tlie said defendant ; but from thence has altogethei ■withdrawn himself. Et probat Johannes de Evia, &c., quod hoc extendet in casu, quo merces fuerint deperditas, una cum navi, et certa pars ipsarum mercium postea salvata et recuperata ; tunc naulum deberi pro rata mercium, recuparatarum, et pro rata itineris usque ad locum, in quo casus adversus accide- rat, fundat, &c. And John of Evia proves that this ex- tends to a case in which the goods were lost, together with the vessel, and that a certain part of these goods were sub- sequently recovered and saved ; then he proves that the freight is due, according to the proportion of the goods recovered, and the proportion of the journey (made) to- wards the place where the accident happened, &c, Et quia, per veredictum juratorum, invenitur quod prse- dictus Bdbertus non habuit accessum ad predictam Beretri- cem per unam mensem ante mortem suam, per quod magis prjesumitur contra praedictum Henricum. And because, by the verdict of the jury it is found that the said JRobert had no access to the said JBereirice for one month prior to her death, by which it is the more fuUy presumed against the said Henry. Et quia praedictus Johannes cognoscit dictam literam per se scriptam Roberto de Ferrers, &c. ^And because the said John knows that the said letter written by him to Boherto de Ferrers, &c. Et quod hujusmodi deputatus, &c. ^And for which purpose he was deputed, &c. Et quod non habet principium, non habet finem. And what hath not a beginning, hath no end. Et regali dignitate coronas regni Anghkz perpetuis tem- poribus annexa, unita, et incorporata. And by the royal dignity, at all times, annexed to the crown, and the king- dom of England, sole and incorporate. Et respondere debet quousque, &c. And that he should answer until, &c. 170 LAW GLOSSAKT. Et sciendum quod possessionum, quaedam nuda pedum positio, quae dicitur intrusio, et dicitur nuda, eo quod non vallatur aliquo vestimento, et minimum habet possessionia, et omnino nihil juris, et in parte habet naturam disseisinse, et in quibusdam sunt dissimiles ; quia ubicunque est disseisi- na ibi quodammoda est intrusio, quantum ad dissertorem-. Bed non e contrario, quia ubicunque est intrusio, ibi non est. disseisina, propter vacuam possessionem. Et in utroque casu possessio est nuda, donee ex tempore et seisina pacifica aequiratur vestimentum. 'And be it known, tbat as to possessions, some being a (mere) naked foothold, which is called an intrusion, and said to be naked, because it is not clothed with any investiture, and has the least (kind) of pos- session, and altogether devoid of right, and has in part the nature of a disseisin, though in certain respects, dissimilar ; because wherever there is a disseisin, there is, after a cer- tain manner, an intrusion, so far as relates to the disseisor ; but not on the contrary, for wherever there is an intrusion, there is no disseisin, on account of the vacant possession. And in- either case, the possession is naked, until, by time, and a peaceable possession, an investiture be ac- quired. Et scire feci W, H. filio hseredi predict' M. le Cognizor. And I have warned W. H. the son and heir of the aforesaid M. the Cognizor. Et semble. And it seems. Et sequitur aliquando poena capitalis ; aliquando per- petuum exilium, cum omnium bonorum ademptione.- And sometimes a capital punishment follows ; sometimes perpetual exile, with confiscation of all the goods. Et sic de sinulibus. And so of the like (matters). Et sic ultra. And so on the other part : or on the contrary. Et sic vide que livery dun fait dun enfant nest semple al livery de terre ou biens per luy. And thus see that the delivery, which a person makes on the part of an in- LAW GLOSSARY. 171 fant, is not a simple delivery of lands or goods made by himself. Et si forte exceperint, quod non tenentur, sine brevi originali, respondere. And if by cbance they be taken, that they are not bound to answer without an original writ. Et si homo prist certain aubres, et puis el fait boards de eux, uncore le owner port eux reprender ; quia major pars substantise remanet. And if a man takes certain trees, and converts them into boards, the owner may take them again, because the principal part of the substance remains. Et si la nef etoit preste au fair voyage, elle ne doit pourt demeurrer pour ley ; et s'il querit, il doit avoir son loyer tout comptant, en rabutant les frais, si le maitre luy en afait. Et s'il meurt, sa femme et se prochains le doivent avour pour luy. And if the vessel be ready to proceed on the voyage, she should not wait for him ; and if he re- quire he should have all his wages paid him, after deduct- ing the expenses, if the master has been put to any ; and if he die, his wife and children should receive them in- stead of him. Et si navis in causa prsedicta mutaverit iter, vel cepit secundum viagium ; vel convenit asportare alias merces in alium locum ; vel alias assecurationes fecerit pro dicto secundo viagio, tunc in casibus prsedictis assecuratores pro primo viagio amplius non tenentur. Ita probat. And if a ship, in the case before mentioned, shall have changed her voyage ; or taken a second voyage ; or agreed to carry other goods to another place ; or made other insurances for the said second voyage, then, in the cases aforesaid, the assurers for the first voyage are no longer bound. — So it is proved. Etsi non prosunt singula, juncta juvant. Although individually the effect is wanting, yet collectively it is powerful. 172 LAW GLOSSARY. Et si super totum, &c. And if upon the -vfliole, &o, Et stet nomen universitatis. ^And the name of the corporation may stand. Et suis, post ipsum, jure hsereditario perpetue possiden- dum. And to* them, after his decease, to be forever possessed, by hereditary right. Et, traditio libro, legit ut clericus. " The book being delivered him, he reads like a clerk (or clergyman)." [This was a test formerly used when a criminal claimed the benefit of clergy, the book was delivered him, and if he could read in it, he was entitled to the privilege of clergy.] Et ubi eadem est ratio, idem est jus. And where the same is reason it is also law. EuANGELiES. The evangelists, EuM qui noscentum infamat, non est sequum et bonum ob eam rem condemnari ; delicta enim nocentium nota esse oportet et expedit. It is not just and right, on that ac- count, to condemn him who slanders a bad man ; for it is proper and expedient that the delinquencies of wicked men should be exposed. EtJNDO, redeundo, et morando. In going, returning, and staying. EvEEWTK. York. EvESCHE. — ■ — ^Diocese. Evesque. A bishop. EviCTUM perpetuum. A perpetual eviction ; or ouster of possession. EviDENTissiMis probationibus ostenditurtestatorem mul- tiplicasse legatum voluisse. By the most evident proofs it was shown that the testator was desirous to increase the legacy. Ew. — ■ — Marriage. Ewbeice. Marriage breach. &x. EwA. Law. Old German and Saxon law. EwAGE. Toll paid for water passage. Ewe. Water. Ex abundant! cautela. From great (or abundant) cau« tion. LAW GLOSSARY. 173 Ex abusu npn arguitur ad usum. No argument can be drawn from the abuse (of a thing) against its use. ExAD0NL4.EE. To manumit. Ex sequo et bono. In justice and honesty. Ex antecedentibus et consequentibus fit optima interpre* tatio. By what precedes and follows the surest interpre- tation is obtained. Ex arbitrio judicis. At the will of the judge. Ex assensu omnium tenentium. By the consent of all the tenants. Ex assensu patris. With the father's consent. Ex assensu suo. Of his own accord (or assent). ExCADENTiiE. ^Escheats. Ex causa furtiva. From a secret cause. Ex causa metus. On account of fear. ExcEPTA dignitate regali. Saving the royal dignity. ExCEPTio ad breve prosternendum. A plea in abate- ment. ExCEPTio doli mali. A plea of fraud. ExcEPTio ejusdem rei cujus petitur dissolutio. An exception of the same thing which is sought to be dis- solved. ExCEPTio jurisjurandi. An exception, or plea of oath. ExcEPTio probat regulam. The exception proves the rule. ExcEPTio rei adjudicatse. An exception to the mat- ter adjudged. ExcEPTio rei venditse et traditse. A plea that the article claimed was sold and delivered to the defendant. ExcEPTio semper ultima ponenda est. The exception is always to be ■placed the last. ExoEPTio pecuniae non numeratse. An exception of money not paid. ExCEPTis viris religiosis. Clergymjen excepted. ExcEPTO eo solo quod damno fatah, aut vi majore, 174 LAWGLOSSABY. veluti naufragio, ant piratarum injuria perisse constat. That only excepted, whicli by an irremediable loss, or by a greater fury, as by shipwreck, or injury received from pirates, is destroyed. Ex certa scientia, et mero motu. From positive knowl- edge (or information), and from mere will (or pleasure). ExcESSUS in jure reprobatur. ^Excess in the law is condemned. ExcLUSA. A sluice for carrying off water. Excommunicato capiendo. " Of arresting an excom- municated person :" a writ so called. Ex concessis. From matters conceded. Ex contractu, multis modis ; sicut ex conventione, &c. ; sicut sunt pacta conventa quae nuda sunt aliquando, ali- quando vestitae, &c. In several modes, by way of con- tract ; as well as by agreement ; as also by way of cov- enants agreed upon, which are sometimes without, and sometimes with a consideration, &c. Ex contractu, vel ex delicto. From, or by, a contract, or from an injury (or offence). Ex debito justitise. By (or on account of) a debt to justice. Ex debito vel merito justitise, vel ex gratia.' From a debt or reward of justice, or from favor. Ex delicto, quasi ex contractu. From (or by) an of- fence (or crime) as though it were by way of contract. Ex demissione. From, or on the demise. Ex dicto majori. From (or by) the more important expression. Ex dicto majoris partis juratorum.- By the verdict of the major part of the jury. [In ancient times, if the jury (in civil causes) were not unanimous, the majority might give a verdict, and judg- ment was given Ex dicto majoris partis juratorum; nay, jurors might even bring in a verdict upon their belief only. Vide Beeve's Hist, ii. 268.] LAW GLOSSARY. 175 Ex directo. By a direct course. Ex dolo malo non oritm* actio. No action can be founded on a deceit. Ex donatione regis. By the king's gift. Ex donationibus, servitia mUitaria vel magnse serjentise non continentibus, oritur nobis quoddam nomen generale, quod est "Socoagium." From grants, not containing Knight's services, or grand Serjeantries, a certain general name arises for us, -which is " Socage." [This was the name of a certain tenure of land in the feudal times, now extinct, or nearly so.] Ex eadem lege descendit, quod dominus sine voluntate vassalli feudum alienare non potest. It follows that by the same law, the lord cannot alienate the fee without the vassal's consent. ExEANT seniores duodecim thani, et prsefectus cum eis, et jurent super sanctuarium quod eis in manus datur, quod nolint ullum innocentum accusare, nee aliquem noxium celare. That twelve chief landholders (or thanes) and the sheriff with them, go and swear upon the holy testa- ment, which is delivered into their hands, that they will not accuse any innocent person, nor screen the guilty. Exeat aula qui vult esse pius. Let him who would be a good man retire from court. ExECRABiLE iUud statutum. That abominable statute. EXECUTIO est fructus, finis et effectus legis. Execu- tion is the fruit, the end and effect of the law. ExECUTio juris non habet injuriam. The execution of the law does no injury. Executor de son tort. "An executor of his own wrong :" one who acts illegally under a will. Ex empto. Founded on purchase. " EXEGI monumentum, «re perennius, Eegalique situ pyramidum altius : Non omnis moriar ; multaque pars mei Yitabit libitinam." 176 LAWOLOSSAET, " To my own name this monument I raise, High as the Pjrramids, and strong as brass, Which neither storms, nor tempests shall deface ; This shall remain whilst time glides nimbly by. And the swift years in measured stages fly ; For I '11 not perish ; not entirely die." Oldsworth. Ex facto. ^From (or by) the deed. Ex facto oritur jus. The law arises from the fact. Ex fructibus prsediorum, ut blada, fcenum, &c., seu ex fructibus arborum, ut poma, pyra, &c. From the profits of the estates, as the grass, hay, &c., or from the fruits of the trees, as apples, pears,. &c. Ex furto, rapina, damna, injuria. By theft, robbery, damage, and (personal) violence. Vide note. Ex gratia curiee. By favor of the court. Ex gravi querela. From or on the grevious complaint. Ex hsereditate.' — — From the inheritance. Ex hoc jure gentium, omnes pene contractus introducti sunt. — r— According to this law of nations, almost all con- tracts are introduced. Ex hypothesi. ^By way of supposition (or argument). Exigent. A writ preceding excommunication. ExiGi facias. That you cause to be exacted (or de- manded). Ex industria. On purpose. Ex institutione legis. By the institution of the law. Ex integro. Anew. ExiSTENS. — — ^Being: remaining. Ex justa causa. For a good reason (or cause). Ex legibus. — ■ — ^According to the laws. ExLEX. An out-law. Ex locato. — — From situation. Ex maleficio non oritur contractus ; et, in pariter delicto, potior est conditio defendentis. From turpitude no con- tract arises ; and, when both are alike depraved, the de- fendant is in the better situation. LAW QLOSSABT. 177 Ex malefioio. ^By malice (by fraudulent intent). Ex mandate. By command. Ex mensa et thoro. " From bed and board." [A term applied to divorce, ■where parties are divorced bot from any sufficient caiise to invalidate tbe marriage, ab initio; where that is the case the parties are frequently di- vorced " a vinculo matrimonii" or from the bonds of mar- riage altogether, in which case no relation of husband and wife subsists. Vide notes to " A mensa et thoro" and " A vinculo matrimonii.'\ Ex mero motu. " From mere motion," From a per- son's own will, without any suggestion or restraint. Ex natura rei. From the nature of the thing. Ex necessitate legis. From the necessity of the law. Ex necessitate rei. " From the necessity of the mat- ter." Arising from the urgency of the circumstances. Ex nudo pacto non oritur actio. " No action arises from a bare, or naked agreement." There must be some consideration expressed, or implied. Ex officio. — ■ — Officially : by virtue of the office. Ex officio, et debito justitise. Officially, and as in justice due. Ex' officio judicis. By the office of the judge. ExONERETUE. That he, she, or it, be discharged. ExoKEBETUE nunc pro tunc. Let him (or it) be now discharged, instead of at some past time. ExoNiEE. "To excuse." The word Essoin is proba- bly derived from this word. An Essoin was an excuse al- lowed by law, in order that no person might be surprised or prejudiced by his absence from court, provided he had a just cause to be excused, by anything that was not ow- ing to his own default. It is not improbable but that it was originally allowed to give opportunity to the litigating parties to settle their disputes, in conformity to the pre- cept " Agree with thine adversary quickly." Essoins, 12 ITI Ij4"W glossaet. however, were anciently divided into five kinda 1st. De servitio Regis — ^being in the king's service. 2d. In termm sancfeMw— being absent in the Ortisad^. 3d. Ultra, nmre— being beyond sea. 4th. De malo hcti — ^beii^g sick in ted. 5th. JDe maip veniendi — ^being seized with .sickness on &a way. Ex parte matema. ^On the part of the mother. Ex parte paterna. — — On the part of the father. Ex parte qnserentis. On the part of the plaintiff. Ex parte talis. The name of a writ in old English practice. It signifies " on the behalf of such an one." Ex paneis. From a few things or words. ExPEBiTio contra hostem ; arcium constnictio ; et pon- tium reparatio. -An expedition against tlhe enemy ; the building of forts, and repairing of bridges. Extensa vero totius opens. Certainly the cost of lihe whole work. ExPEETO erode. Giye credit to an expeiieneed person. Ex post facto. Prom (or by) an after act. Ex ppseeo^tata malicia. Of malice aforethought. BxPEESSio eorum quae tacite insunt. " The expression of 'those things which are therein tacitly comprised;" (i. e. those things which are implied.) ExPSESSio eorum quse tacite insunt nihil operatur. The expression of those things which are therein implied has no force. ExPEESSio unius est exclusio alterius. T^e naming of one person is an exclusion of the other. ExPEBSSCTM fecit cessare taciturn. ^The meaning of this law phrase is, that a thing which is expressed invali- dates that which otherwise might have been implied by intendment of law. Ex principiis nascitur probabilitas ; ex factis vero Veri- tas. -Probability arises firom principles; but certainly is obtained (only) from facts. Ex proprio vigore. By their own force. Ex provisione hominis. By a provision of the per- son. Ex provisione legis. By a provision of the law. Ex provisione maritL By a provision of tie hus- band. Ex quasi contractu. As of agreement. Ex relatione.. -*' By, or from, Telation." Someimes the words mean " hy the information" Ex rigore juris. In strictness (or severity) of law. Ex scriptis olim visis. From writings formerly seen. Ex speciali gratia, certa scientia^ et mero motu regis. By special favor, positive knowledge, and the mere will of the king. Ex suo moto, By his own will. Ex tempore. Out of hand (without delay or pre- meditation). Extendi ad valentiam. To be extended to titie value. Extendi facias. That you cause to be extended. ExTEBTDiTUE. ha3c pax et securitas ad cLuatuordeeemdies, eonvoeato regni senatu. This peace and security is ex- tended to fourteen days, the Parliament of the realm being assembled. ExTENSOBES. Appraisers. (Old English law). ExTEAHUEA. A Stray animal. ExTEA quatuor maria. — •— " Beyond the four seas:" out of lite realm. ExTEA territorium.-— — "Without the territory. Extra tweo.. Beyond (or out of) the way. ExTEA villenagium.. — — Out of villenage : or servitude. ExTUM^. Eeliques. Ex tmpi causa non oritur actio. No action aaises out of a wicked cause. Ex turpi contractu non oritux actio. ^JSTo action arises fix»n am immoral contract. 180 LAW GLOSSARY. ExuLABE. To banish. Ex viscexibiis testamenti, From the body of the will. Ex visitatione Dei. By the visitation of God. Ex vi termini. By force (or virtue) of the term. Vide .Bex. v. Shepherds d; Agnew — East. Bep. 44, Oeo. 3. Eyde. Aid; help. Etbe. Scotch Ayre. The court of the justices itm- erant. NOTES TO E. Emanoipatio et adopho. — It was the custom among the Bomrnix, when a father wished to free his son from his authority, {emcmcvpcure,) to bring Mm before the Prcetor, or some magistrate, (apvd quern actio erat,)—\. e. who had authority in the case — and there sell him three times, per oes et libram, i. e. by money and balance, (as it was termed,) to some friend, who was called Pater Fiduciarim, (a kind of trustee,) because he was bound after the third sale to sell him back {remancipare) to the natural father. There were present, besides «, Libripens, who held a hrazen balance, five witnesses. Soman citizens, past the age of puberty, and an Anietestatus, who is sup- posed to be 80 named, because he summoned the witnesses, by touching the tip of their ears. Tide Hor. Sat. i. 9. 76. In the presence of these, the natural father gave over mancipdbat (i. e. manu tradebai) — ^i. e. delivered out of his hand his son to the purchaser, adding these words, " Mancipo tiei HUNo FiLnjM, QDi MEtTS EST," i. e. I deliver you this son, who is my property. Then, the person holding a brazen coin (^Sestertius) said, " HtJNC ego HOMiiTEif EX Juke Quieitiuii meum esse aio, isqub mihi emptus est hoc jeee anea. QUE LIBRA," i. e. " I afiSrm that this man is mine by the law of the Bomams, and is purchased by me with this money and by the brazen balance : " and having struck the balance with the coin, gave it to the natural father by way of price. Then he manumitted his son in the usual form. But, as by the principles of the Soman law, a sou, after being manumitted once and again, .fell back into the power of his father, this imaginary (or at least fic- titious) sale was thrice to be repeated, either on the same" day, and before the same witnesses, or on difierent days, and before dififerent witnesses ; and then the purchaser (or friend) instead of manumitting him, which would have conferred a Jv,s paironat&s on himself, sold him back to the natural father, who immediately manumitted him, hy the same formalities as those used on the emancipation of a slave, (Librd et fDATio. — The correction of an error committed in any process, which might be amended after judgment ; but if there were any error in giving the judgment, the party was driven to his writ of error ; though where the fault appeared to be in the Clerk who wrote the record, it might be amended. At Common Law, there "was anciently but little room for amendments, which appears by the several statutes of amendment and jeofails, and like- wise by the constitution of the courts ; for, says Bracton, " the judges are to record the pmrols (or pleas) deduced before them in judgment." Also, he says, " Edward the First granted to the Justices to record the pleas pleaded before them ; but they are not to erase the records, nor amend them : nor record against their inrolment." This ordinance of Edward the First was so rigidly observed, that when Justice Hengham, in hia reign, (moved with compassion for the circumstances of a poor man, who was fined thirteen shillings and fourpence,) erased the record, and made it six shillings and eight pence, he was fined eight hundred marks ; with which, it is said, a Clock-house at Westminster was built, and furnished vrith a clock — sed qu de hoc ? for it does not appear that docks were then in use ; but it is prob- able the fine was inflicted on the Judge, "gratia exempli." Emptio sub cokona. — Those prisoners made captives in war by the So- mans, either in the field, or in the storming of cities, were sometimes sold by auction sub corona, (vide Liv. v. 22, Ac.,) because they wore a crown when sold. There was also a sale of slaves, sui hasta, because a spear was Bet up where the crier or auctioneer stood. En cest Court, && — ^At the present time, it ia aatoniahing to reflect 182 LAW GLOSSAET, what niceiy was fijrmerly required in the pleading and entries of ib« Coorts of Law. Those who have made a point of investigating this sntjeely have noticed how extremely difBonlt the practice of the common law must have been in those days — ^not only every word, l)ut every letter was ex- amined with the greatest caution — ^tb« burthen of this became at length absolutely insupportable. Many statutes were made, and enlightened judges did aM theyeoidd to render justice to the suitors; and they succeeded to a very considerable extent : the Student will, however, perceive, that too maaiy of the vestiges now remain, which it is hc^ed a few succeeding years will clear away — vestiges as ridiculous as they are derogatory to the human intellect. The ancient records, kept in the Tower of London, and in some of the Courts of Westminster, present astonishing pieces of penman- ship, not only remarkable for their extreme correctness, (which the law ren- dered e^solutely necessary,) but for the beauty of the engrossing. Indeed, the writing was of such a superior quality, when Magna Oimrta was obtained, that it surprises us, if we take into consideration the time it was penned. A fine copy is to be seen gratis in the British Museum. Emsoopi siout ceteei Barones, cSfcc. — When the Barbarians, who over- ran the Soman empire, first embraced the Christian faith, they found the Clergy possessed of considerable power ; and they naturally transferred to these new guides that profound submission and reverence which they were accustomed to yield to the priests of that religion which they had forsaken. They deemed their persons to be equally sacred with their function ; and would have eonsicfered it as impious to subject them to the profaHe jurisdiction of the Laity. The Clergy were not blind to these ad- vantages, and estabUshed courts, in which every question relating to their own eharacter, their functions, or their property, was tried ; and were gen- erally present with the Barons, at the trials, or at the judgments given, in other cases. They pleaded, and almost obtained, a total exemption from the authority of the Civil Judges. Upon different pretexts, and by a mul- tiplicity of artifices, they communicated these privileges to so many persons^ and extended their jurisdiction to such a variety of cases, that a consider- able, if not the greater part of those offences, which gave rise to ccmtest and MtigalioD, were, at one period, drawn under the ccgmzance of spirituait Juc%es. VhJe Du Gamge Gloss., voe. " Gviria Christianiiaiis." It ai^ears that Ecclesiastics scarcely, if ever, submitted, during any period of the middle ages, to the laws contained in the codes of the barbarous nations, but were governed toy the Bomcm Law. They regulated all their transactions by such of its maxims as were preserved by tradition ; or were contained in the Theodosian code, and other books then extant among them. This we learn from a custom, which prevailed universally in those ages. Every person was permitted to choose among the various Codes of Law then in force, that to which he was willing to conform. In any transaction of importance, it was usual for the person contracting to mention the law to which he submitted, that it might be known how any dispute, that mig'ht arise between them, was to be decided. Innumerable proofs of this occur in the Charters of the middle ages. But the clergy considered it such a valuable privilege of their order to be governed by tiie Soman law, that when any person entered into Holy Orders, it was usual for him to renounce the Code of Laws to which he had been formerly subject, and to declare that he now submitted to the Soman law. Yide Boimrd, Anciennes Loix des Francois, &c., vol. i, p. 203. Equiis. — ^Tbe Sgwiies, among the ancient Romans, did tioit, at first, form » distinct order in the State. When Sorrmius divided the people iato threa tribes, he chose from each tribe one hundred young men, the most dis- tiBC^iMied toe liheir jank, wealth, and other accomplishments, who should LAW GLOSSARY 188 serve on hoise-back, sad whose assistance be might use for guarding hia person. These three hundred horsemen were called Celeres, and were di- vided into three companies. The number was, at several times afterwards, increased. Seroius TuUius made eighteen centuries of Squiiea ; he chose twelve new centuries from the cliief men of the State, and made six others out of the three instituted by Romulus. Ten thousand pounds of brass were given to each of them to purchase horses ; and a tax was laid on widows, who were exempt from other contributions, for maintaining their horses. Vide Liv. i. *3. Hence the origin of the Equestrian order, which was of tlie great- est utility in the State, as an intermediate bond between the Patricians and Plebeians. The Eqmles were chosen promiscuously from the Patricians and Plebeians. Those descended from ancient families were called lUustres, Speciosi, and Splendidi. The age requisite was about eighteen years, and the fortune, at least towards the end of the republic, and under the Emperors, was four hundred sesterlia, that is, something more than fifteen thousand dollars. Vide ffor. Ep. i., PUn. Mp. i. 19. The badges of the Equites were, 1st. A horse given them by the public; hence called Legitimus. Vide Ovid. Fast. iii. 130. 2d. A golden ring, whence "Annvh au/reodonari" lot inter Equiiealegi. 3d. Augustus Glamis. itK A separate place at the public spectacles. Vide l)io. xxxvL 25. Juv. iii. 159. If any ^ues was corrupt in his morals, or had diminished his fortune, or even had not taken proper care of his horse, (GeU. iv. 20,) the Censor ordered him to sell the horse, vide Liv. ttyjt. 31, and thus he was reckoned to be removed from the Equestrian order. ' Equttes Gaktebii. — " Knights of the Garter." This order was founded by Edward the Third, who (after obtaining many splendid victories), for furnishing this order, made choice in his own realm, and in all Europe, of twenty-five excellent and renowned persons for virtue and honor, and ordain- ed himself and his successors to be the Sovereign thereof, and the rest to be FeUmos and Brethrm, bestowing this dignity on them, and giving them a Blae Garter, ornamented with gold, pearl, and precious stones, and a buckle of gold to wear on the left leg only; a kirtle, crown, cloak, chaperon, a collar, and other magnificent apparel. Camden, and others, inform us, that this order was instituted by Edward the Third, upon his having ob- tained great success in a battle, wherein the King's Garter was used as a token. But Polydore Virgil gives it another original, and says that this King, in the height of his gl^ry, (the Kings of France and Scotland being both prisoners in the Tower of London at one time,) first erected this order of the Garter A. D. 1350, &om the circumstance of the Countess of Sdtisbwry having dropped her garter in a dance before the King, which he took up, and seeing some of his Nobles smUe, he said, " Boni soil qui maJ, y peTise," i. e. " Evil (or shame) be to him that evil thinks," (which has ever since been the motto of the order of the Garter, and indeed is now the motto of the Eoyal Arms of England,) declaring that such veneration should tftere- afler be done to that silken tie, that the best of them should be proud of enjoying its honors. Ebant IK Anglia — The feudal policy, which seemed for so many suc- cessive ages, to be so admirably calculated against the assaults of any foreign, power, yet its provisions for the interior order and tranquillity of society was extremely defective, and led to anarchy, confusion, tyranny and bloodshed. The principles of disorder and corruption are discernible in that conatitUtiMi, under its best and most perfect form. They soon unfolded themselves, and, spreading with r^idity through every part of the system, 184 LAW GLOSSARY. produced the most baneful effects upon society. The fierce and powerfu! vassals of the Crown soon extorted a confirmation for lift of those grants of land, which being at first purely gratuitous, had been bestowed during pleas- ure. They also obtained the power of supreme jurisdiction, both civil and military, within their own territories; the right of coining money; to- gether with the privilege of carrying on war against their own private enemies. Such a state of society must have been terrible. A thousand causes of jealousy and discord subsisted among them, which gave rise to numerous petty wars, and cruel resentments. Sudden, unexpected and in- discriminate slaughter often followed the transmission of property. The Nobles were superior to restraint, and harassed each other with every op- pression. Incursions were made with ferocity, on slight, or supposed provo- cations : their respective vassals were dragged into the field to fight against their own countrymen, often their immediate friends and neighbors ; and their lands seized and desolated by the victorious party. Well, indeed, might it be said, in the language of the text, " Erant in Anglics, qiwdammodo tot reges, iel potius tyranni, quot domini casieSorum." What a horrid picture of society 1 and how happy should we feel that property is protected by good laws, and that we have a general diffusion of the benign doctrines of Christianity and education ; for the extension of the latter blessing, in par- ticular, the American nation deserves the thanks of the civilized world. Ebat auteh EiEC, &o. — That the Patricians and Pleteians might be con- nected together by the strongest ties, Bomvius ordained that every Plebeian should choose from the Patricians any one, as his Patron, or protector, whose Client he was {qw)d eum colebai). It was the part of the Patron to advise and defend his Client, to assist him with his interest and substance ; and serve him with his life and fortune in any extremity. Vide Bionys. ii. 10. It was unlawful for Patrons and Clients to accuse, or bear witness against eoich other, and whoever was found to offend in this respect, might be slain By any one with impunity, as a victim devoted to Pluto, and the infernal Gods. Hence both Patrons and Clients vied with each other in fidelity ; and for more than six hundred years, we find no dissensions between them. Ibid. It was esteemed highly honorable for a Patrician to have numerous Clients, both hereditary and aoc[uired by his own merit. Vide Eor. Ep. ii., •7a!;. X. 44. Est autem magsta, &c. — ^Whilst the trial by Judicial Combat subsisted, proofs by charters, contracts, or other deeds, were rendered nearly ineffec- tual. When a charter, or other evidence was produced by one of the parties, his opponent might challenge it, and affirm that it was false, or forged, and offer to prove this by Combat Vide Leg. Longob., lib. 2, sec. 34 It is true, that among the reasons enumerated by Beaumonoir, on account of which judges might refuse to permit a trial by combat, one is, " If the point in contest could be ctear/v proved, or ascertained by other evidence." But this regulation only removed the evil a single step. For, if the party smpected that a witness was about to depose in a manner unfavorably to his cause, he might accuse him of \>wag suborned ; give him the lie; and challenge him to Single Combat ; if the witness was vanquished in battle, no other evidence could be admitted, and the party, by whom he was summoned to appear, lost his cause. Vide Leg. Baivar., tit. 16, sec. 2. Leg. Burgund., tit. 45. Beaumon., c. 61, 315. The reason given for obliging a witness to ac- cept of a defiance, and to defend himself by Combat, is remarkable, and con- tains the same idea, which is still the foundation of what is called " the point ofhonor,''^ "for it is just, that if any one affirms that he publicly knows the truth of anything, and offers to give oath upon it, he should not hesitate io maiviain, the veracity of his affirmation in Combat." Vide Leg. Burg., tit. 45. That the trial by juicial combat was established in every country oiEwrope, LAWGLOSSABT. 185 Is a fact well known, and requires no proo£ That this mode of decision was frequent, appears not only from the Codes of ancient laws, which established it, but from the earliest writers concerning the practice of the law in the different nations of Europe. It appears from Madox that trials by Single Combat, were so frequent in England, that the fines paid on these occasions, made no inconsiderable branch of the king's revenue. JSisi. of the Exclieq., vol. i. p. 349. A very curious account of a Judicial Combat between Mesire Bohert de Beaumonoir and Mesire Pierre Tournemine, in the presence of the Duke of Burgundy, A. D. 1383, is published by Maurice, Mem. pour servir de premies, a la, Hist, de Bretagne, torn. 2, p. 498. All the formalities observed in these extraordinary proceedings are there minutely described. Tovirnemine was accused by Beaumonoir of having murdered his brother. The former was vanquished ; but was saved from being hanged, on the spot, by the generous intercession of his antagonist. This mode of trial was at one timo so acceptable, that Ecclesiastics, notwithstanding the prohibitions of the Church, were constrained not Only to connive at the practice, but to authorize it A remarkable instance of this is found in Pasquier's Researches, lib. 4, cap. 1, p. 350. The Abbot Wittikindus considered the determination of a point of law ly combat, as the lest, and most honorable, mode of decision. In the year 978, a Judicial Combat was fought in the presence of the Em- peror. The Archbisliop of Aldebert advised him to terminate a contest, which had arisen between two noblemen of his court, by this mode of decision. The vanquished combatant, though a person of high rank, was beheaded on the spot. Tide Chronic, Ditmari, Episc. Mersb. des Hist, torn. 9, V29, and 612, d:c. The Emperor Henry the First declares that this law authoriz- ing the practice of Judicial Combats was enacted with the consent and ap- plause of many faithful Bishops. lb., p. 231. "So remarkably did the martiaZ ideas of those ages prevail over the genius and maxims of the Canon Law, which, in other instances, was of the highest credit and authority with Ecclesiastics." The author would here suggest that it might probably be adduced as a better reason, that the prevaiUng superstition of those ages consisted in the idea of a pa/rtiaular prevailing Providence, watching over the rights of the individual accused ; and rescuiog him from the conse- quences of an unjust sentence by the signal interposition of Heaven itself Such an idea was common to both Christian and Heathen philosophy, and is not (with many persons) foreign to the refined theories of the present day. To suppose it a generai rule, is an unwarrantable assumption, that the moral exemplified government of nature does not justify, nor the just and rev- erenced estimation of an Omniscient Being, warrant ; but, notwithstanding this, the idea appears to. have been implanted in the mind of man, in every age, from the most reflecting philosopher to the rudest savage ; nor has it been implanted in vain, nor failed of its innumerable and incalculable ad- vantages. A Judicial Combat was appomted in Spain by Charles the Fifth, A. D. 1522. The combatants fought in the Emperor's presence ; and the battle was conducted with all the rights prescribed by the ancient laws of Chivalry. The whole transaction is described at great length by Ponius Eeiderus Per. Austriac., lib. 8, c. 1'?, 205. A trial by combat was appointed in England, A. D. 15'71, under the inspection of the Judges of the Common Pleas ; and, although it was not carried to that extremity with the former, (Queen Elizabeth having interposed her authority, and enjoined the persons to compound the matter,) yet, in order to preserve their honor, the lists were marked out, and all forms previous to tho combat, were observed with much ceremony. Yiie SpeVm Gloss., voc. " Campus," \0Z. And even so late as the year 1631, a Judicial Combat was appouited between Donald, Lord Sea, and David Bamsey, Esquire, by authority of the Lord High ConstabU and Earl Marshal of England; but that quarrel likewise terminated without bloodshed, being accommodated by King Cha/rles the First. Another in- stance also occurs seven years later. Vide BushwortKs Observ. on Stat- utes, 266. 186 tAW QLOSSAEY. Est senatom, Ac. — Ihe Senate was instituted by Eomukis to be " the per- |ietual Council of tlie Republie." ( Goncilium SeipuMcae sempitemum. Vida Oic. pro. Sextio, 65.) It consisted, at first, of only one hundred ; they were Chosen from among the Patricians. The Senators were called " Patebs," either on account of their age, or out of their paternal care of the state ; and their offspring, " Pateioh." After the Sahines were taken into the eity, another hun<&ed were chosen from them by the suffrages of the Gwrke. Tide Dionys. ii. 47. But, according to Mvy^ there were only one hundred senators at the death of Romvlus ; and their number was increased by JM- lius HostUius, after the destruction of Atba. Fargumius Priscus, the fifth king of Rome, addeS one hundred more, who were called " Patrbs miitoeum GENTIUM," i. e. Senators of the lower tribes. Those created by Romulus were called " PatbbS majobtjm gentium," i. e. Senators of the higher tribes. This number of three hundred continue^ 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 Jvlius Ccesar, the number of senators were increased to nine hamdred; 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 caUed 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 SyhiUine books consulted, without their order. Liv. ii. 45. 2d. The senate had the direction of the treasury, and distributed the pub- lie money at pleasure. Cic. in Tatin. 15, &c They appointed stipends to their generals and officers; and provisions and clotUng to their armies. Pohfi. vi 11. 3d. They settled the provinces which were annually assigned to the Gon- suh and Praiors ; and, when it seemed fit, they prolonged their command. Cic. pro. Dom. 9. 4tL They nominated, out of their own body, all ambassadors sent from Some, (lav. ii. 15, dbc.,) and gave to foreign ambassadors what answers they thought proper. Cic. in Vatin. 15, &c 6th. They decreed all public thanksgivings for victories obtained ; and con- ferred the honor of an ovation or triumph, with the title of "ImpeBatoe," on their victorious generals. Cic. Phil. xiv. 4, 5, dtc. 6th. They could decree the title of a king to any prince wTiom they pleased ; and declare any one to be an enemy by a vote. C(xs. Liv. et Cic. passim. Yth. They inquired into public crimes, or treasons, either in Some or the other parts of Italy, Liv. xxi. 26, and heard and determined all disputes among the allied and dependent cities. Cic. Off. i. 10, &c. 8th. They exercised a power, not only of interpreting the laws, but of evolving men from the obligation of them ; and even of abrogating them Cic. pro. dom. 16, 21, pro lege Manil. 21, de Legg. ii. 6, tfcc. 9th. They could postpone the assemblies of the people, Cid. pro. Mur. 25 Att. iv. 16 ; and prescribe a change of habit to the eity, in case of any im- minent danger or calamity. Cic. pro. Sext. 12. But the power of the Sen- ate was chiefly conspicuous in civU dissensions, or dangerous tumults within the city, in which that solemn decree used to be passed, " Ut oonstile3 daeest operam jtb quid dbtrimbnti eespublioa capeeet." That the Cou- Buls should make it their study (or toil) that the republic receive no injury; by which decree an absolute power was granted to tbe Consuls to punidj, and put to death, whom they pleased, without a trial; to raise forces; ahd Carry on war without the order of the people. SalhiM de bello Cat. 29, LAW GLngsAr.Y. 187 Et ego EI a.EREDBS Mill, Ao. — The Verb warrimUzo, used in the law, ia Ohlj appropFlated to make a warrcmty. Littleton, in Iiis chapter of War- ranty, Baith that tiiis word wcnraniiao maiceth the warranty, and is 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 be had said, because the word de/endo is not contained in fines to create a warranty, but the word warroMKao only ; erjo, Ac, Which argument dedneed and drawn, a majore ad minus, is very forcible. But it appears thsX^IAUleion 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 chattds, &&, and which imply a warranty in law, as dedi, &c. Ex ruRTO, RAHITA, &e. — The different punishments of thefts among the Berrutns were borrowed from the Athenians. By the laws of the Twelve Tables, a thief in the nigfU time might, be put to death, " Si nox (noctw) furtum faayit, sim (si eitm) aliquis ocdsit (occideri() jwre caesus esto" i. a "If 3 theft be committed in the night, and a person kill him, (the tbiefj) let him be (accounted) slain by the tow ;" and also in the day time, if he defended himself with a weapon, but not without having first called out for assist- ance. The panishment of slaves was severe ; they were scourged, and thrown from the Tavpeicm Eock. Slaves, it is said, were so addicted to the crime of theft, that they were anciently called " Fures." " Qaid donim faeiant, amdenicum ialia fares!" See Virg. EecL iii. 16, and JBbr. Ep. i. 48. But afterward^ those punishments were mitigated by various laws, and by the edicts of the Prcetcnrs. One caught in manifest theft {in fwrto ma/nifesto) was obliged to restore four-fold, besides the thing stolen. If a person was not cau^t in the fact, but so emdenMy guitty that he could not deny it, he was called "Fur nee manifestus," and was punished by restoring doubla Cell. xi. 18. When a thing stolen was, after much search, lami in the possessitHi of any person, it was called "furium eonceptium," a discovered theft ; and by the law of the Twelve Tables was punished as manifest theft, Geli. ibid., but afterwards as furium nee manifestum. If a thief, to avoid de- tection, offered things stolen {res farUvas vel fario ablatas) to any one to keep, and they were found in his possession, he had an action, called actio furii 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. Ibid. If any one hindered a person to search for stolen goods, or did not exhibit them when found, actions were granted by the Frce- ior. And in whatever manner theft was punished, it was always with in- famy. Eobbery (Rapind) took place only in movable things, (in rebus moMlibus.) Immovable things were said to be invaded, and the possession of them was recovered by an interdict of the Praetor. Although the crime of robbery ():Timen raptiis) was much more pernicious than that of theft, it was, how- ever, less severely punished. An action (actio vi bonormn raptorvm) was granted by the Prceior against the robber only for fow-fold, including what he had robbed. If any one slew the beast of another it was called " damnwm injwria datum," L e. doh vel culpa Twcmtis admissum — ^i. e. " a loss given for the injury (or wrong) admitted to have arisen from the guile or negligence of the wrong doer ;" whence cu:tio vel jvdidwn 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 AquiUian law. Personal injuries or affronts (injuriae) 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 injutieS) {injwri(z leviores,) were punished 188 LAW GLOSSAET. by a fine of twenty-fiye asses, or pounds of brass. But if the inj iiy waa more atrooiona, aa, for instance, if any one deprived another of the use of a limb, {si merribrum rapsit, i. e. rvpirit,) he was punished by retaliation, (talione,) 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 aliqiiempublice 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 moraUty ;" affronted him {vel carmen famosum in eum condidisset) — i. e. " made an in- famous libel upon him," he was beaten with a club, vid. Mor. Sai. 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 Prcetor, an action was granted on account of aM 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, SvMa 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, Eoek. Dio. Ivii. 22. An action might also be instituted against a person for an injury done by those under his control, which was called " ocfc'o nosadis," as if a slave committed theft, or did any damage vrithout 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 obhged to offer a compensation, or give up the beast. There was no action for ingratitude, (actio ingraii,) as among the Macedonians, or rather Persians ; because, says Seneca, " all the cowts at Borne would scarcely have been sufficient for trying it." These are some few of the remedies given by the Roman laws for injuries, Ac. ; by the spirit of these the reader will " iudge how fax that powerful nation was advanced in jurisprudence. F. Faoeee cum aliquo. To be on tbis side. Facias habere rationabilem dotem. That you cause (her) to have a reasonable dower. Faciei 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. ^I 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 regaKum. The 'king's armorer, Yide note. Factum praeclarum, atque divinum. ^A noble and di- vine act. Facultas ejus quod cuiqne 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. Facultatks 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. Faite enroUe. 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^'' 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^cursus. A fold course. Faldfet. Sax. The fee paid by a tenant for leave to fold his sheep on his own ground. Faleri^. The furniture and tackle of a cart. Falsa demonstratio non nocet. A false description does not vitiate (the deed^. Falsa fit pcenitentia laici, cum peuitus ab officio curiali Tel 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 IfO LAW OLOSSABY. transacted without (committing) sin." The false logic of Monkish superstition. Vide note to " Homo mercalofrP FajjSABE curiam.— n — To deeeive the court. False, fraudulenteetmaliciose. Falsely, frauduleatiy and naalifiiously. Falsokaeious. A counterfeiter. Falso retorno brevium. A writ which might .have been sued out against a sheriff for retuxning writs falsely. Falsus in uno, falsusjn omnibus. Fake in one mat- ter, deeeiiful in everything. Fam^ damna majora quam quae possint ffistimari. ' The injury done to character is so great that it cannot be estimated. Fama tantum modo publico accTisat. Public opinioa only accuses him. Famosi libdli.-- — Infamous books, or writings. Famosis libellis si quis scripserit quod pertineat ad inju- siam alterius, de quo est publiea accusatio poenBe eapitalia; non tantum in auctorem famosi libelli, sed etiam eum qui invenit, nee combussit, sed evulgavit ; quia iste aujstor prse- 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 l^caa ubi grassati sunt, firrca ifigendos plaeuit, 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 csommitted their crimes, that otihers might be deterred by &e sight, inasmuch as the punishment being inflicted m the same place where the roibbera committed the mur- ders, it might be some consoktion to the relations (of those ■\rho were killed). Fang, fangea,—-' — ^Sax. To take. Fakanoman;. — r^ootch. A merchant traveller, or stranger. Fardel. A fourth part. Faedingdeal. The fourth part of an acre. Fabinabium. A mill. Faristel. Sax. Stopping of -way. Farrago legunj nauticarum.-- — The absurd coEeetion of maritime laws. Fas. Eight Fastermans. Sax. Bondsmen. FASsri, Lawful. Fatetur fednus is qui judicum fagit. H e con&ssea his guilt who flies from trial. Fatttus. ^An idiot. Fauces terras. " The mouth or chops of a channel;" (where a person may see from land to land.) Fausenerie. Forgery. Feabme. ^Food ; a feast Fee. rThe land or estate held of a superior by service. Fetellit. He has deceived, or betrayed. Felagus. Among the Saxons, a friend bound foe another's good behavior. " Felices ter, et amplius Quos irrupta tenet copula ; nee maJis 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 tuxnsi, 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 GLOSSAET. PeloniA. Felony. Vide note. Felonia per quam vassallus amitteret feudum. A felony by which a vassal woiild 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. Yide 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 judicatse. "He restored a fee of the same value as it was at the time of the judgment." That is, that the lord give or grant to the tenant, or feoffee, when he shall be ejected, land of the same value. Feodum simplex. ^A fee simple: an. unconditional fee. Feodum, sine investitura, nullo modo constitni potest. " A fee cannot, in any way, be made without an in- vestiture." This was the ancient law relating to fiee* holds. LAW GLOaSABT. 193 Feodum taUiatum. An entailed estate. Feoffamentum. A feoffment : the donation of a fee ; or a feofBnent giving possession by livery of seizin. V'ide note. Feoffaee. — — ^To enfeoff: or grant in fee. Feoffavit et demisit. He enfeoffed and demised. Feoeme. A farm : a provision : rent. Fee^. Wild beasts. Fee^ campestres. "Beasts of chase." These are five ; the buck, doe, fox, martin and roe. Feks! igitur bestir, et volucres et omnia animalia, quse mari, coelo, et terra nascuntur, simul atque ab aliquo captae fuerint, jure gentium statim illius esse incipiunt. Quod enim nullius est, id naturali ratione occupanti conceditur. Therefore, wild beasts, and birds, and all animals which are produced in the sea, air, or earth, as soon as they are taken by any one, immediately, by the law of nations, begin to be his property. For that which is not the property of any person, by natural reason is conceded to be the property of the possessor. Fee^ igitur bestiae, 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. Fee^ naturae. Of a wild nature. Fee^ naturae, et nullius in bonis. Beasts of a wild nature, and not belonging to any (particular) person. Fee^ naturae per industriam hominis. ■Animals of a wild nature (tamed by man's industry). FEEiE naturae propter privilegium. Animals of a wild nature on account of privilege. Fee^ naturae ratione impotentise. ^Animals of a wild nature for want of power. FERiE 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 IM -LA-W GLOSSABT. 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. Fekita. A wound. Ferlingus.-^ — A furlong. Pebnigo. ^Where fern grows. Feei^. Certain days on which marriage could not formerly be performed, and celebrated ; which were fixjm Advent to the Epiphany ; from Septuagessima to the Oc- tave of Easter ; and from the first Eogation day to the Octave of Pentecost. Peri^ jJ^undinse. Holidays, Fairs, or great markets. These are fiequeatly held on some holiday of the Eoman Church. Febea electio : destre whipt, ou de paier costs. ^A hard choice ; he shall be whipt, or pay costs. Vide note. Feebamentum.— — The iron instruments about a mill. Ferbipodina. An iron mine. FestInum remedinm. 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, Feudobum libri. A book of feudal law. Feudum.— — ^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 descfended from the mother. Feudum novum. A new (or acquired) fee. Feudum paternum. A fee, or inheritance acquirea from the father. Fey.- — Faith ; a deed. LAW GLOSSARY. 195 Feyk. — —A fine. Peyhe. A fair. Fiat nisi prius per proviso si querens fccet defaultam. -Let it be done, unless first (performed) by proviso, if the defendant has made default. FiCTio oedit veritatL Fiction yields to truth. FiDEi commissa. Trusted in confidence : trust settle- Tients. Vide note. FiDEi commissarius. ^A trustee : a factor. FiDEi jussores. ^Persons who appeared as sureties for others among the ancient Bomans. FiDEHTAS. Fealty. FiDEM adhibens. — -Showing confidence. Fides nuptialis contractus. A promise (or obligation) of a marriage contract. Fides semper servanda est Integrity is always to be kept. Fides servanda est ; simplicitas juris gentium 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 Oermany, 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 iaaias 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 GLOSSABT. goods, if, &c., and if he has none of those, then of his own goods. FiEEi feci. ^I have caused to be made, or levied. FiEEi feci sequestrari. 1 have caused sequestration to be made. Fieri non debet, sed factum, valet. It ought not to be done ; but being done, it is valid. Fi: fa: de bonis testatoris, &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. FiLAKE. To file. FiLAZEE, FUacer, or Filizer. An officer of the Court of Common Pleas, who issues writs. FiLCTALE. In ancient times, an entertainment given by bailifS of hundreds, at which they extorted money from the guests. FiLll nobilium. Noblemen's sons. FiLius haeres legitimus est. A son is the legitimate heir. FiLius haeres 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 forestae. The Hne, or boundary of the forest. FlNALls 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 GLOSSART. 197 FiKDPARE. Sax. A going forth to a military expe- dition. FiBDSOCNE. Sax. Exemption from military duty. FiEDWiTE. A fine for refusing to do military service. FiEEBARE. Sax. A seaside tower or beacon with lights for the guidance of mariners. FiREBOTE. An allowance of fuel. FlEMA.^ — 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. FiEMA ipsius quaerentis. The plaintiff's farm. FiEMABiuM. A word used in old records for in- firmary. FiEMAEius, vel Proprietarius.- The farmer, or pro- prietor. FiBMiTAS. 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 ward, 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, quaHcunque 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 praadictum est, sed etiam si quis prsepotens uti voluerit in alterum tenemen- tum, contra ipsius tenentis voluntatem, arando, falcando, as- portando, et contrahendo, tenementum esse suum, quod est alterius, si autem nihil clamaverit in tenemento aHud erit, 198 hAW OLOSSABT, qiiaa tunc erit transgl-essio, non disseisina, in libero tenle. mento. ^But it becomes a disseian, not only wHen any one being present, or his agent, or family, vfiLo, 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 beien 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 conjunctio. ^It becomes a joinder of right and possession. Flagellis et fiistibus acriter verberare uxorem. Se- verely to beat his wife with whips and clubs. Flagbante 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 fiigitives 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, ierhp. Edward 1st. FiBTH. Sax. Land (given by some authoritiea), a house (by dthers). LAW GLOSSARY. 19.9 Fliedwite, or Flightwite, from Sax. " Flyth.^^ i. e. faga and, "wife" mulcta. This word, ia ancient law, signi- fies the discharge of a person from amerciaments, where, having been a, fugitive, he comes to the king's peace of hia 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. — r-An offence ;. felony. FcBMiNA present! marito feloniam agens, non rea est con- structione legis, quia per ejus coercionem instigari cogitur. A married woman, committing felony in her husband's presence, is not guilty in the eye of the law, she being sup- posed to have been instigated to the commission of the. act by the coercion of her husband. FcBMiNA 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 pc^yu- 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 "j)roedum rusticum et ignohik." Vide Spelm. on Feuds. FoLC-MOTE. Sax. A general Council, or Assembly. Vide note. ' FoLGABE. From Saxon folgan, to follow or serve. FoLGABii, FoLGHEBES. FoUowers or servants. FOBANETJS. A foreigner. FoRATHE. Sax. One who could swear for another. 200 LAW GLOSSARY. FOEBABOA. A piece of unplonglied laud lying next the highway. FoEBANNTTiTS. Banished. {Old Europ. law) FoEBATUDO. ^He who struck the first blow. {Old Europ. law.) FoKCELET. ^A fortress. FoECERiuM. A strong box for the safe-keeping of papers. FoECLOEEEE. ^To foreclose ; to shut out. FoEDANNO. The first assailant in a fight. ( Old Europ. law) FOEDIKA. The grass growing on the banks of ditches. FoEECHEAPUM. Pre-emption. FoEEEA. Foreland. FoEESCHOKB. ^Forsaken. FoEESTALLAK. Forestalling. FoEFANG, FoEFENG. Sax. A previous taking. FoEFEiTUEE de terre. A forfeiture of the land. FoEGABULUM. A quit rent. FoEGAVEL. Sax. A small reserved rent in money. FoEi disputationes. Arguments in the Law Courts. FoEiSFAOEEE. To outlaw. FoEiSFACTtTBA. Forfeiture. Forma essentialis. A substantial form. FoEMA et figura judicii. The form and manner of the judgment. FoEMEDON". {Breve djR forma donationis.) " The form, or manner of a gift." A writ formerly issued to recover entailed property. FOEMEDON in descender. Formedon in descent. Vide note. FoEMEDON in remainder. Formedon in the remainder. FoEMEDON in reverter. Formedon in the reversion. FoEO domestico. " In the court at home." Perhaps the Lord's Court of the Manor. LAW GLOSSARY. 201 FoBO ecolesise. In the Spiritual Court. FoRPEiSE. Taken beforehand. An exception, FoKSCHET. The forepart of a furlong, that which skirts the highway. FoESPEiSE. Except. FoRSQUE. But; only. FoBTlOR et potentior est dispositio legis quam hommis. 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 plebiae justitise, et theatrum comitivse potestatis. The court of justice for the common people, and pub- lic place of meeting for the power of the county. Forum rei. The Court held where the defendant re- sides. Fossa. A ditch full of water where formerly women convicted of felony were drowned. Fosse. A dyke or ditch. 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 Heeves' Hist. Eng. Law. Fovea. A grave. Frano-aleu or alleu, ^Allodial land. Franchiare. To enfranchise. Feanchilanus. A freeman. Franchise. A privilege, or exemption. Yide note. Francigena. A Frenchman. Feanclaine, Feanclein, Frankleyne. A free- holder or gentleman ; a freeman. Francus. Free. Francus bancus. Free-bench — Sedes libera. That es- tate in copyhold lands, which the wife acquires on tho aOa? LAW GLOSSABT. death of ter husTjaad, for her dowers according to the ons- torn of the manor. Freebench also meaTis the widow's es- tate in such lands' as her husband died seized of : there is a distinction between freehench 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 ^ast and West Enhome, and Chad- dhworth, 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 Enbome, to be found in the "Spectator," N"o. 623, Nov. 22, 1714. FbAncus plegiws. A frank or free pledge ; a tithing decennary or friborg, so called because every freeman be- longing to it was a pledge for the good conduct of the others ; the chief of whom was called friborgesheofod or Jreoborheskeo/od. FEAKK-ALMOlGiir. A free gifb. Vide note. Fbank-fee. ^Freehold lands, held exempt from all services, except the homage. Frassetum. ^Woody ground. Featee consanguineus. A half-brother by the & ther's side. Featee fratri sine legitimo hserede defuncto in beneficio, qpiod eorum patris fuit suocedat ; sin autem unus e fratribua a domino feudum acceperit, eo defuncto sine legitimo hserede, 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. Featee fratri uterino non succedit in haereditate patema. A brother does not succeed to a maternal brother in a paternal inheritance. Featee uterinus. A brother by the mother's side. Fbaudem facere legi. To commit a fraud in the law. LAW GLOSS All Y. Fraunke-febme. Free-farm. Fraus, dolus, qui fit in contractibus et venditionibus. Fraud, deceit, whicli is made in contracts and sales. Fraus dolus vel deceptio. A fraud, trick or decep- tion. Fbaxinetum. From fromnus, an ash. A place wliere ashes grow. Frea. A female ward. Fredum. A sum paid to the magistrate by a person who had injui'ed 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. Fbedwite. Frithwite. Sax. See FrEdum. Frendlesman. — • — Sax. An ou1;law ; to whom aU per- sons wesre forbidden to give food or shelter. FbendwitE. Sax. A fine imposed upon one who protected or assisted an outlawed friend. Frentike. ^Frantic. FrEoborgh. ^A free pledge. Sometimes Friborgh. Freobobhesheofed. In Saxon law, a chief pledge. The title of the chief of a friborgh or decennary. See Fbancus plegius. Fridhburgus. A species of frank pledge by which the lords or chiefe bound themselves for the good behavior of their dependents. Fridstoll. A chair of peace. Frilazin. One freed from bondage. Fbisca disseisina. — ' ' Fresh disseisin" — ^from Fr . ' ^fresche, " 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, or 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. Fbithsoke. ^Frithsok^n : from Sax. " Frith," pax and "socne," tileiias. ■" Surety of defence :" a jurisdiction 204 LAW GLOSSAET. for the purpose of preserving the peace. According to Pleta, " libertas habendi frand plegii, seu immunitas loci," (the liberty of frank pledge, or the immunity of the place.) Vide Oowell. Blount. Feuctus industriales. ^Profits, or fruits of industry: as com growing, fixtures, &c. Feumgtld. Sax. The first payment made to the kindred of a person slain, towards the recompense for his murder. Vide LI. Edmund. Peumstoll. A chief seat or residence. Feustra fit per plura, quod fieri potest per pauciora. It is useless to do that by many things, which may be accomplished by few. Fbustra 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. Feydeeiitga, Frithing, 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. Ben. 1, c. 10. Fetmth. The receiving a person into one's dwelling and harboring him. Sax. FuAGE. In the reign of Edward, the Third, the Bhck Prince having Acquitain granted to him, laid an imposition , of "fuage" upon the subjects of that dukedom, i. e. twelve pence for every fire. Hot. Par. 25 Edw. 8. It is not im- probable that the hearffi-money imposed (16 Car. 2) took its rise from hence. FuEE. 'FT.fuir — Lat. fugere. " Flight" ; is used sub- stantively, though it be a verb ; and is two-fold, fuer in "fait," sjaA. 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. Ft7EEUNT 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. FuLFREA. Entirely free. FuLLUM aqu£e. A stream of water. Functus officio. Having discharged the office: or officially dead. FuNDAMUS. We found (or establish) ; often used in charters for establishing colleges. FuNDATOR perficiens. The endower (or founder). Fundi patrimonales. ^Lands of inheritance. FuRCA et flageUum. 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 manifestus. A thief caught in the act of stealing. FuBCHE. ^A gaUows. FuREM, si aliter capi non potest, occidere permittunt. ^They suffer a thief to be killed if he cannot otherwise be taken. FuBiGELDUM. A fine paid for theft. FuBiosus 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 natural! prohibitum est. ^Theft is for- bidden by the law of nature. FuBTUM non est casus fortuitus. Theft is not a chance case, (accidental or unpremeditated.) '206 LAW GLOSSABT. FtTiRTUM: non manifestum. " The theft does not ap- pear." It is nolj discovered. FuTUEOS casus providendos.- — ^That ftiture causes be ■ provided for. FuTTF.— . — A fagitive irom justice. Fted. An army. NOTES TO F. Faotor AEMOEtTM EBaALTOM. — One of the .English Historians olbserveB, 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 comi o[ the.Anglo-Saxoa and Wekh Kings, where he , ejajoyed . 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 i^miih 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 ofthe present day would not think lightly of. Tide Xjwrdnefs/EacycTpipa^iOf See, also,, note to "S»re(foniJ2broTO6s." Felosia. — A Law Term, including generally all capital crimes Idoiv that of treason. Tide 4 Comm. 98. This word appears to be of Feudal origin ; but authors difier as to its derivation ; some derive it, fancifully enough, from "felos," Gr., an impostor; from failo, Lat, to deceive; and Goke says it is crimen felleo animo perpetratum, a crime done with a malicious intent. All, however, agree, that it is such a crime as occasions a forfeilwre of the ofiender's lands or goods : this, therefore, gives great probability to Spel- man's derivation from the TenUmic, or German, "Fee," that is, afead, or Jief, and " Urn," price, or value. Feofpamentum. — Among' the Romans, if the question was about a farm, a house, or the. like, the Praetor anciently went with the parties (cum liti- ganiibus) 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 locu/m, vel rem preseniem,) to a farm for instance, and brouTlit from thence a tur^ (glebam,) vide Festus; and contested about that, as luough it were the whole farm. It was delivered to the person to whom the Prcetor adjudged the possession. But this custom was also dropped, and the lawyers devised a new form of .process for, suing for possession, which Gicero pleasantly ridicules. Vide Cic. pro Mur. \2. The plaintiff thus addressed the defendant, "Fimduaqjii est in agro, qui Sabinus vacatur, eum ego ex jure Quiriiium Tneum esse aio, linde ego ie ex jure manv, consertum^" i. e. ",the land situated in the country, called Sabinus, that, I affirm, belongs to me by the TJoman. ls.ws; for tlua reason, therefore, I contest the matter according to law." If the defendant LAW GLOSSARY. 207 yielded, the Fra^m- adjudged possession to the plaintiff. If not, the defend- ant thus answered \ he plaintiff, " ZTncfe tu me ex jure manvm consertum vocaMi, inde ibi te reooco." "Why do you call me into law ; from this situation and place I refer the matter." Then the Frceior repeated his set form, " Utrius- que superstitilms prasmtihas," (i. e. testibus prcesentibus,) i. e. " the witnesses on both sides being present." "Jstam, viam dico; Inite viam." " I say this way. Go your w4y." Immediately they both set out, as if to go to the farm to fetch a turf, accompanied by a lawyer to direct them. Then the Prjetor said, '' Ileddite viam," Eeturn ; upon which they returned. If it ap- peared that one of the parties had been dispossessed by the other through force, the Prcetor thus decreed, " ITnde tu iUmn dejedsti, crnn nee vi, nee clam, nee prcecario possideret eo iUvm. Restituas 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, Uti nunc possidetis, &c, i. e. retain (the possession) as you now enjoy, &c. The pos- sessor being tiius ascertained, the action about the Tight 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 possessione 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. Vide 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: Ghildebert 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, " Tou see that my sou Ghildebert has be- come a man. Obey him." Vide Montesquieu's Spirit of the Laws, vol. l 361. Ferea ELEOTioif. — 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, " I have no officer to do the duty." Feodum. — 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 Pranks. Chil- deric, who began his reign A. D. 562, exacted a Fine, " bannosjussit exegi," (i. e. he ordered fines to be levied,) from certain persons who had refused to accompany him in an expedition. Vide Gregor. Twron. lib. 5, u. 26, p. 211. Ghildebert, 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 aUodial property, when military service was entirely volun- 208 LAW GLOSSARY. taiy. IJotwithstanding the almost general prevalence of these Ihtds, no doubt many estates were ailodial in every respect. — The clearest proof of the distinction between aModiai and ieneficiory possessions is contained in two charters published by Muraiori, by which it appears that a person might possess one part of his estate as aUodM, which he could dispose of at pleas- ure ; and the other as a beneficiary, or a feud, of which he had only the Jisufruct ; the property returning to his superior lord on his demise. Yioe Antiq. Itai. medii osvi, vol. i. p. 559, 565. The same distinction is pointed out in a Gapitulaire of Charlemagne, A. D. 812. Edit. Bat, vol. i. p. 491. Count Evercurd, who married a daughter of Iiouis 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. J), 837. Vide AvX. Mircei opera Diplomatica, Lovan. 1123, 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 " Homagium planv/m," some traces, though obscure, may still be discovered. Brussel, iom. 1, p. 97. Among the ancient writs, published by D. I>. Be Vie, and Vaiselte, Mist, de Langued. are a great many which they call " Somaga." They seem to be an inter- mediate step between the " Sbmagivm planum,," mentioned by Brussel, and the engagement to perform certain feudal services. The one party promises^ protection, and grants certain lands ;j 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 mtctual contract between equals, than the agreement of a vassal to per- form services to his superior lord. Yide Preuves de I'Sist. de Long., torn. 2, 173, et passim. As soon as men became, hj 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 him from whom they received their land, or from whom they held it, to be protected as before mentioned. PlDEl COMMISSA. — Sometimes, among the Romans, a man left his property in trust (jidei committebat) to a friend, on certain conditions ; particularly, that he should give it up (ui restitueret, vel redderet) to some person or per- sons. Whatever was left in this manner, whether the whole estate, or any one thing, as a farm, La propriete des choses mobliares est acquisi S I'enemi, moment qu'elles sont en puissance : et si il leo vend chez nation neutres, le premisre proprietater n'est point endroit de les re eprendre. ^Property in things personal is ac- 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. Laeon. ^A thief. Las partidas. A code of Spanish laws. Lasiee. To leave out. Lata culpa dolo sequiparatur. A concealed fault ia equal to a deceit. Lathe. A division of a county, including sometimes two or three hundreds or more. Lathereve. He who exercised authority over a lathe. Latitat. " He lies hid." The name of a writ. Latitat et discurrit. He lurks, and runs about. Lateocinicm. Larceny. Vide note. Lateoni cum similem habuit, qui furtum eel are 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 pourra^ etre suppl^e ni regard^, comme convert par lar connaissance que les crean- ciers ou les tiers aquereurs pourraient avoir eue de la dis- position par d' autres voies que celle de la transcription. A fault in the translation cannot be supplied, nor even regarded as truth, by the belief or testimony of those con- cerned (in the disposition) ; it must be decided by the other words of the translation. Le defendant malitiose dit, que ceo fait false af&davit ; et que 40voilent jure al contrarie. Tlie 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. VMe 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 auctoritatia robur ipsis legibus videretur accommodare scripturS, 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 dif&- cult questions, by the advice of the great men of the king- dom, upon the previous motion, or with the subsequent assent of the king ; for if they were not to be holden for laws, by reason of their not being reduced into writing, it would seem that the law derived its weight and^authority rather from the (bare) writing, than from the discretion of the judge, or the reasons which moved the lawgiver (for its enactment). Leges et constitutiones futuris certum est dare formam negotiis, non ad facta prseterita revocari, nisi nominatim, et de prseterito tempore, adhuc pendentibus negotiis cautum est. It is certain that the laws and constitutions are to prescribe a form to future transactions, and not to be re- ferred to matters already finished, unless specially named, 288 LAW glossaet: and (as) of a preceding time, as a caution to those which are yet pending. Le&es figendi et refigendi consuetudo est perictilos issi- ma. The practice of making and re-making the laws is most dangerous. Leges non scriptse. The unwritten, traditional, or common law. Tide note to " Traditione" &c. Leges posteriores priores contrarias abrogant. — — Suhae- 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. Yide noU. Leges Salicse. The Salic Laws. Vide note. Leges soriptse. The statute, or written law. Leges soM memoria et usu retinebant.' " They re- tained their laws solely by memory and usage." This is what is called the Common law — the ''■Leges non scriptae," 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 patrise optimeinstituti. Those best instructed in the laws of the country. Legibus solutus. ^Freed from the laws. Legis actiones. ^Law suits. Legis coBstructio non facit injuriam. The construc- tion of law does no injury. Legitima mariti et uxoris separatio apud competentem judicem cum causae cognitione, et suffioiente ejus probatione LAW GL0S3ABT. 289 &otse. " A lawful separation of husband and wife, by a competent judge, witb knowledge of tte 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. Lbgitimi. 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 marita^um ratum. " A lawful, confirmed marriage." This was said of a marriage attended with due canonical solemnization. Legit vel non ? Beads he or not ? Legit ut oleri- ous. 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 guis 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 GLOSSAET. Le loix extrems dans le bien font moitifs le mal extremes. ^Eigid laws, although made jfrom 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 Eoy le veut. The king wills it. Le Eoy 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 Eoy s'avisera. The king wUl consider. Vide note, Les assureurs, qui se sont renders garans de la barraterie du patron (ils) sont responsable de la perte de la pacotille assured, si cette perte arriv^ par la faute du capitaine, charge de la commission. The insurers, who have in- sured against the barratry of the commander, are responsi- ble for the loss of the vessel insured, if this loss be occa- sioned by the fault of the captain charged with the care of it. Leschbives. 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 Gouvern- eurs des eglises, &c. The Judges are wise persons, and of high authority, such as the Archbishops, Bishops, the Monks of the Cathedral Churches, and the other persons who hold dignities in the Holy Church ; the Abbots, Priors of Convents, and the Governors of C hurches, &c. Vide note. Les loix extremes dans le bien font naitre le mal ex- treme ; il falut payer pour la pret de I'argent et pour le dan- ger despeines de la loi. ^Laws extremely good produce the greatest 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 prelats seigneurs, et commons en ce present parlia- ment assemblers au nom de touts vous autres sujets, re- mercient tres humblement votre Majeste, et prient d Dieu vous donner en sant6 bonne vie et longue. " The Pre- lates, Lords, and Commons, in this present parliament as- sembled, in the name of all your other subjects, most > humbly thank your Majesty, and pray to God to grant you good health and a long life." [This was an ancient address of the British Parliament to the King.] Lesque I'changer a chez novo luis de la declaration du guerre subsistent ou leur entir. S'il est forc^ de si retirer, il lui est eviseable de laisser sa procuration a un ami pour exiger ce qui lui est du, et pour actioner ceo debitinero en justice. Those who, on a declaration of war, are obliged to change their place of residence, must dwell in the latter entirely ; and if a person be compelled to retire, it is prop- er that he should authorize a friend to receive what is due to him, and to prosecute those who are justly indebted. Le subpoena ne serroit cy souventement use come il est ore, si nous attendemus tiels actions sur les cases, et main- tenans le jurisdiction de ces court, et d'autre courts. • The subpoena would not be so often used as it is, if we bring such actions upon the case and maintain the jurisdic- tion of this and of the other courts. Les usages et coutumes de la mer. Marine usages and customs. Leswes. Pasture lands. Le tien et le mein. Of thine and mine. Lettebeuee. Learning. Leuoa, Leuga. A league. Leudis. A feudal tenaut. Levand-S! navis causa. ^In order to lighten the vessel. Levant et couchant. ^Lying down and resting. 292 LAW GLOSSAET. ... , Xev^ntes et CTibantes. Easing themselves ; rising up an4 Jying.fJoTj^n. ,j, , ,,..,.„ ; IjEVAEI facias.-— — That yoti cause to be levied. Levabi facias de bonis. That you cause to be levied of the goods. : , ■ ;, ■ Levabi facias, de bpn^ ecpjegiasticis. — ■ — That you cause t0;be ilevied 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 ipfia (Eight), ^hen we find Jjkk put absolutely, the law of the Twelve Tables is meant. Yide Cic* '^^. i. 45.^ , I,; Lex . agraria. The Agrarian law for distributing lands. Yich note. . LEXamissa: or leffem amiitere. One who is an infa- mous, perjured,, or outlawed person. Bract. Lex anglisenunquam sineparliamento mutari potest.— — The law of England can never be changed without parlia- ment. , : - Lex apparens. A term applied, in English and Nor man la,w to the trial by duel and the trial by ordeal. ,._ Lex apostata ; or kgem apostare. To do anything contrary to the law. . i : , .JjBX aquilia.— — The Eoman law concerning the com- pensation to be paid for injuring or killing another's slave or beast. Lex atilia. A law concerning guardianships. Lex atinia. A law respecting things stolen. Lex Bainvariorum. — ^The law of the Bavarians. - Lex Barbara. A term giyen by the Eomans to the law of those nations not subject to their, empire., Lex Brehona. The early law of Ireland before its qonguest by Henry n... . -., - . ,,. Lex Burgundionum. The Burgundian law. Lex; Qanonica. — -:The Caa,on law. Vide note. Lex comitatus. The county law. JJA.W GLOSSARY. 293 Lex communis. The common law, as opposed to statate^law. "FMfe nofe. ■ "' ' ^'■''' ■■' IiEX citiiis tolerare' yult privatum damnum quam publi- cum malum. — r-The law will rather permit a private loss (or damage) than a public evU. ,.;..,,.- Lex Cornelia de sicariis.^-^ — The Cornelian law con- cerning assassins. ' ■'"'"■ Lex Danorum. ^The law of Denmark. Lex deficere non debet in justitia exhibenda. The law ought not to fail in showing justice^ Lex deraisina. An ancient Norman law, by which the party sued denies that he committed the act with' which he is charged. ' , . ,. : Lex de maritandis ordinibus. The law of marriage rite's. Vide rwte. Imx. domicilii. The law of domicile. Lex est ab aetemo. -Law is frbin everlasting. Lex est sanctio sancta, jubens hohestu ef prohibens con- traria. ^Law is a sacred sanction commanding the right, and forbidding the wrong action. Lex ei consuetude parliamenti ab omnibus quaerenda ; a mulfis ignota ; a paiicis cognita. — —The law iahd custom of parliament, sought after by all, unknown by liiany, and understood by few. ' Lex fori. The law of the court. Lex Falcidia. A Roman law respecting a testator's disposal of his property. ' ' ' liEX Franco'rum. -The law of the Franks. Lex Frisionum. The lavf'of the Frisians. Lex Fusia Cahina. -Eonian'law respectihg the manu- mission of slaves. Lex HostiHa de furtis. The RostiUan law concerning thefts. '' ''"' '■ ' ' ' " ■ ■ Lex judicat de rebus neeessario feciendis, quasi re ipsa fectis.— ^ — ^The law judges of thiiigs that must of necessity be done, as if they were actually done. 294 lA-W GLOSSAEY. Lex Julia magistratis. The Julian law as to treason. Lex loci contracti. The law of the place where the agreement was made. Lex Longobardorum. The law of tlie Lombards ; they were of Saxon origin, so that their laws are analo- gous to the English. Lex mercatoria. The law merchant ; mercantile law. Lex mercatoria est lex terrse, The mercantile law is the law of the land. Lex necessitatis est lex temporis. The law of ne- cessity is the law of the time or present moment. Lex neminem cogit ad vana seu impossibilia. The law compels no one to (perform things) vain or impossible. Lex nemini facit injuriam. The law does no injury Lex nil frusta facit. The law does nothing in vain. Lex non cogit ad impossibilia. 'The law does not oblige (a person) to do impossibilities. Lex non curat de minimis. ^The law does not regard trifles. Lex non exacte definit, sed arbitrio boni viri permittit. The law does not exactly define (this), but leaves it to the judgment of an honest man. Lex non requirit verificari quod apparet curiae. The law does not require to be proved what is apparent to the court. Lex non scripta. The unwritten, or common law : tbat which has been received from time immemorial by tradition. Vide note to " Traditiones," Sc. Lex plus laudator, quando ratione probatur. Law is most commendable when approved by reason. Lex Prsetoria. The Prsetorian law. Lex pure pcenalis, obligat tantum ad pcenam, non item ad culpam ; lex pcenalis mixta, et ad culpam obligat, et ad poenam. The law, merely penal, binds only as to penalty, not as to fault ; the mixed penal law binds both to fault and penalty. tAW GLOSSARY. 295 Lex Salica. " The Salique Law." A law by wMoli 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 the Mosaic law. Vide note. Lex terrse. The law of the land : generally taken in contradistinction to the civil law, or code of Justinian. Lex Wallensica. The law of Wales. Lex Wisigothorum. The law of the "Western Goths who settled in Spain. Lez. Lands. Libelli famosi. Libels : infamous writings. LiBELLUS sine scriptis. A unwritten libel. Libera a prisona. Discharge out of prison. Libera bateUa. A free boat. Libera eleemosyna.- Free alms : charity. Libera et pura donatio. A free and pure gift (not clogged with conditions). Libera lex. Frank or free law. Libera piscaria. A free fishery. Liber Assisarum. The Book of Assizes. Liber et legalis homo. A free and lawful man. LlBIB 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 villanua 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- 2i96 lAw gHo'ssaby; served; and tTie farmer' in like manner, Ms -wainage also teiiig preserved." [Part of " Magna Oharta."'] IjIBEKI et legales homines de viceneto.' 'Free and law- fill men (freeholders) of the vicinage, or neighborhood; Vide note to "iVbn Numero," &c. LiBEEi sokemanni. Tenants in free soocage. LiBEB judicalis; The '^ Bom-hec," or " Domerhook," compiled sbon after conquest of Migldndhj the 2formans. Vide Dom-iee and note. EiBEK nigir scaccarii. ^Black Book of the Exchequer. Liber ruher scaccarii. Bed Book of the Exchequer. LiBEBOS et legales homines juratos. Free and lawfiil men sworn. LiBEETAS 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'. LiBEBUM animum testandi.-- A free (or uncontrolled) intention of bequeathing. liiBEBtrij: corpus sestimationem non reeipit.- The- life of a freeman is above aU computation. LiBEBUM est cuique apud se explorare ; aut expediat sibi consilium. It is free for every one to weigh the matter in his own mind ; or to have resort to eotrttsel. LffifiEuM ef commune soccagium. ^Free and common soccage. LiBEEf M maritagium. A free marriage. Tide note. LlBEEtJM soccagium. 'Free soccage. LiBEEUM tenementum.-^ " Frank tenure or freehold." Aticiently an estate held by a freeman, independently of the mere will and caprice of the feudal lord. LiBEiE arsse, et pensatse, et ad numerum. Money burnt and weighed, and counted. Vide note. tiiBEiPiiNS. ^In Roman Law, the person who weighed or held the balances. I/AisW' QIi(>S[^A,.RT. 297 LiCEAT eos exbseredaue quos occid^fe licelaat. ^It. may- be lawful to disinherit those whom it is, lawful to depq;ivQ of life. LiCEBAT palam excipere, et semper, ex prpliabili 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 ev;en more fbra cause which was important and clear. LiCENTiA concordandi. ^Leaye to settle (a suit). LiCENTiA loquendi. ^Liberty of speech. LiCENTiA surgendi,- — ^Leaye to ai^se. Licet apud consilium aocusare ; quoque et discrimen capitis intendere.— : — It is likewise law;ful to impeach at the (general) council; asd to try capital offences. Licet in ambiguis capere consilium. He has liberty to have counsel in doubtful ca^es. Licet meretrix fuerit antea, certe tunc temporis non fuit, cum reclamando nequitise ejus consentire nolirit. ^Al- though she were a harlot before, she certs^nly was not so at that time, when, crying aloud, she would not cons^t to Ma lust. Licet saepe requisitus. ^Although oftes, requested. Licitabe. — ^To bid at a sale. Liege.— 1 — In feudal law, to bind ; the subject thus bound in fealty to his lord was called Vfige-xaan, and the superior, hege-hrd. It also signifies full ; perfect ; pure. LiEGE-POUSTiE. Scotch law. La-vfful power. LiEC eonus. Known place. LiGAN", or Lagan.-^^ — -Goods sunk under water, fastened to a buoy, to prevent their being lost LiGEANOE-^Ligiantia. — —Old Norman, English and " Scotch law. 4-Uegiance. LiGNAGlUM. " The right of cutting fi^el in woods." Sometimes it is ta^en for a tribute or paynijent dije foi the same. 298 LAW GLOSSARY. LiGULA. Old Eng. law. A copy or transcript of a deed or court paper. Ll. Lo. Abbreviated from licentia loquendi. LlNABlUM. Where flax is grown. Ldstea coUectio personarum ab eodem stipite descenden- tiiun. 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. Liteb^. ^Letters. Writings. Vide note. LiTERA cambii. A letter of Exchange. Liters absolutori^. "Letters of absolution." Let- ters of absolution were given in former times, when an Ahhot released any of his brethren " ah omni subfectione, et obediential^ (from all subjection and obedience), and this made them capable of entering into some other order of religion. Liters clausse. "Writs close." Those which are recorded in the chse roUs. Liters patentes. ^Letters patent, so called because they are not sealed up, but exposed to open view, with the Great Seal thereto pendant. Liters procuratorise. A letter of attorney. LiTERiE recognitionis. A bill of lading. LiTEBA scripta manet. " The writing endures." This ja 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 LiTTUS maris. The sea shore. LiVEBER. To deliver. LivOBABE. To beat. LoBiuM. ^A parlor. LocABiUM. 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 W£)rk. 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 pcenitentlse. 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. LoDEMANAGE. A pilot's wages for guiding a vessel from one place to another. LoiAL. Lawful. LoiEE. ^Fee ; recompense. LoNGTEYNE. 'Distant. LoQUENDUM ut vulgus, seutiendum ut doctL Speak as the common people, think as the learned. Lower. 'Eeward : a bribe. LuAT in corpore si non habet in loculo. If he has no cash in his purse, he must suffer in his person. LAW GLOSSAET. LuCRi causa. ^For the sake. of profit or gain. LucTuosA hsBreditas, vel tristis successio.- — A moTrrn- ful inheritance, or sad succession. LuiTUR homicidium certo armentorum ac pecorum numero, recipitque satisfactionem uniyersa domus. — — Homicide is atonedfor bj a certain number of Herds and flppkSj and the -whole family accept such satisf?ictioii. Vide note to " Capitis cestimatio." ^lUjijIiRESS. ^An ancient London silver penny. LirpuLiCETUM. Old English law. A hop-yard. LuPUM caput gerere. "To bear a wolf s head".. It signifies to be outlawed; and have one's head exposed like a wolfs, witl; a reward to him who should bring it in. Plac. Cc^. 4, Jphfin. Eot. 2. LusHBOEOw;. ^Inferior foreign coin ; a,n imitation of the, English. LtJiUBlA. ^Luxury : voluptuousness. Yide note. Lyef-yeld. Leave-money. NOTES TO L. Laiewttb, &o. — ^This was the term for the punishment and fine of ofiFend- eTs committing adultery and fornication. The privilege of punishing these^ oQ^nces, anciently, beionged to the lords of manors in respect to their own tenainls. 'Vide 'JZefei, K^. 1, b. 47." , , : .; j LATEOCiNinM. — A theft, or robbery of another's goods in his absence. It is divided into Grand ' larceny and Pefo'i La^cetiy. The ancient Saaon laws punished theft with death, if above the value of twelve pence ; but the crim- inal Was jiennitted to redeeui His life by a' pecuiiiary ransom. " .' ' Legatus. — A Legate. An ambassador, or Papers rmncio. There are two sorts of Legates; — a Legate, a latere, and Legaius naius — ^the difference between which is this ; Legatns a latere was usually one of the Pope's fam- ily, vested with the greatest authority, in all ecclesiastical affairs, over Hhe whole family where he was sent; and, during the time of his legislation, he might determine even those appeals wliich had been moved from thence to Soine. ~- Z'egMii= riatus had a tooi^' limited 'jiKisdietioB, bttf Was exempted from the authority bf the Legate a latere; and he could exercise his jurisdic- tion in his-own province. The popes' 6{Ram/e had formerly in Englamt-lhe Archbishop of Canieriwy their "lAgatiis natiis ;" and upon eitraordiniuy occasions they sent over a " Zegatus a latere." Lbses guinity within which marriages were prohibited, as between a brother and sister, an uncle and niece, &o. Such connection was called "Incesiua." (Suet. Ct. 26 ;) or with a vestal virgin. "Vide Suet. Bomit 8. These degrees were more or less extended or contracted at different tunes. Plid. QtuesL Rom. 6. Tacit. Arm. lii. 6, 7, &0. Le Eot s'atiseea. — This is a phrase, derived from the ancient Normaiw, by which the Eings of England were accustomed to dissent to bills which had passed the Legislature. By this mode of expression, the indelicacy of a. positive refusal to give assent was avoided. Les 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 Soman code. Lex agraeia. — The Agrarian law (among the Bomam) 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 Sibvlus, Caesar'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 iu office for eight months, he shut himself up at home, without doing anything but interposing by his edicts, vide Suet. Jul. 20 ; by which means, while he wished to injure his colleague, he increased his power. Lex 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. Layjudges, left without any fixed guide, were direc'.o; 'y loose traditionary customs. But besides this general advantage of Uie 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 prefiiled in the Lay Courts. The whole spirit of ecclesiastical jurisprudence was ad- verse to those sanguinary customs which were destructive of justice ; and the whole force of ecclesiastical authority was exerted to abolish them, and to substitute trials by law and evidence in their stead. Almost all the forma in Lay Courts, which contribute to establish, and continue to preserve order in judicial proceedings, are borrowed from the Canon Law. Vide Fleury'a Instit. de droit Canon, part iii. c. 6, p. 52. LAW QLOSSAHT. 308 St. Louii confirmed many of his new regulations respecting property, and the adminisiration 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 Esiah. Xiv. ii e. 21 and 40. And likewise the Ces^ bonorum, by a person who was in- Bolvent. Ibid. In like manner he established new regulations with respect to persons a/ing intestate. Liv. i. c. 89. These, and many other salutary regulations, the Canonists had borrowed from the Roman Law. Many other examples might be produced of more perfect jurisprudence in the Canon Law than were known in Lay Courts. For that reason, it was deemed a high privilege to be subject to ecclesiastical jurisdiction. Among the many im- munities by which men were allured to engage in the dangerous expedition for the recovery of the Holy Land, one of the most considerable was the declaring such as took the Cross to be subject only to the spiritual courts, and to the rules of decision observed in them. Lex coMiTONis. — The Common Law. The law which is used by general consent, and has been so from time immemorial — Oiat which we enjoy as " Meir-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 OP GoD, and the PRiifOiPLES and axioms op sound eatio- CINATION. It is founded upon reason, and said to be the PERPEOTiojr 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-eight that every person hath for tlie safeguard and defence, not only of his lands and goods, but of his wife and children, body, fame and life. Yide 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 Anghirum," and, by these laws, tliose people were governed for many ages ; but the East Saxons, having afterwards been subdued by the Vanes, 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 Bthelbert, 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 aflected 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 Scaon " The Fold Eight," i. e. the people's right. Alfred was styled " An- glicarum legvm 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 resiiiutor," (the restorer of the English laws.) vide Blount ^ the reign of Edward the Fhrst, Britton wrote his learned book of the 504: ZXW GLOSSARY. Common Xaw of Sn^latid, which was done by the Eng's command, and i'Ciiis in his naiiio, answerable to the Institutions of the Civil Xaw,'wliich Justinicfn assumed' to himself, though made by others. Vide Stdundf. Prerog. 6,' 21. Bat Mstiiiian, perhaps,' ought to be "entitled to the honor, as the In- gtitUtes' were comfiilfed by his direction. This Britton is mentioned by Gwyn to bave been Bishop of Sereford. In those days eocltoiastical persons were the thost learned^ and had the highest ofiBcBs' in the law. Bractori was a great lawyer in the time of Senry the Third ; and wrote a learned treatise on the Common Law of Englajid, held in high and deserved e^imatibn; heis'Said to have been Lord Cliief Justice of the Eingdom. Also the famous and learned Glanville, Lord Chief Justice, in the reign of tCmry the Second, wrote a haok of the Comrnon Law, which is aaid tobe the moat ancient composition on that subject extant. Besides those; in the reign ol'Sdwdrd the Fourth, the renowned lawyer, ijWfefon, wrote' his excellent boolc of English tenures. In the reign of King James the First, that great oracle of the Law, Sir Edward &(ite, pQblished his learned and laborious Institute of the .©sjiisi "laws ahd Commentary on Littleton. About the same time, likewise, Doctor Cowel, a Civilian, wrote a short Institute on the Englishlawa. In the reign of George'the Ftsty'DoctotThornas Wood, a Civilian, and common Lawyer, and iat last a Divine,' "wrote an institute of the Laws of Engkmd, which ia something' after the manner of the Institutes of the Civil' Law. To conclude the "whole on this head, the learned and systematic BlacksUme, published his well-lcnown Commentaries on the laws of Jfcjted, p'^''*''^?' 'the best analectic and methodic system of the English Laws wMch ever was published; his work abounds with numerous'maxims, quotations and sen- tences, chiefly extracted from the dead languages j ■ all' of which; ornfearly so, are translated in this Glossary. The Oo'iliinentaries of BlacksUme 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 estunation 'Lex DE KAEiTANDia ORDtsiB'ns. — This was a Bomanlaw, proposed by fli» Consuls, Paippius and Fopcms, at the desire of Aagustm, A. U. T62, enforc- ing and enlarging the Julian Law. Tacit. 'Ann. iiL 25, 28. The intent of it was to promote population, and repair the desolation occasioned by the civil wars. It met with great oppositioii from the nbbiUty; and consisted of several distinct ^larticillars, {Lem idivra.) It proposed certain rewards to marriage; and penalties against celibacy, which had been alwaysjEand jiistly 80^ inuch discouraged in the iJomonstate; vid. ' VaiL Max. ii. 9. lAv, xiv. 15, ' Elnd, strange to say, still it gresltly prevailed, for reasons enumerated. Vide Plaut Mil iiL 185, 111, &c. 'Whoever in tlie city had three children, in the other parts of lialy^four, and in the provinces ^fe, became entitled to cer- tain immunities. Hence the famous " J'ns teium LiBEROBtm," so often men- tioned by Plin. Mart: dkc. Vide note to " Jw trivjm liberorum." Lex talioniS. — ^In the laws of King S(helbert,-vre find the folio-wing la^ws. ",Gif ore Eo/rl's fund man marinan of sleath xiil sciU. geiete," L e. If one man slay another in an Earl's town, let him pay 12s. as a compensation. " Gif in Oynitiges tune man maiina of sleagh L. sciU. gehete," i. e. If one man slay another in the King's town, let him pay 50s. as a compensation. " Gif man thone man of skeih xx. sciU. gebete," i. e. If any man slay another let him compensate with twenty shillings. If the thumb should be out off twenty shjllmgs was to be paid. If the thumb nail should be cut off three shiUiiiigs should be paid as a compensation. If any one cut off another's fore finger, LAW GLOSSARY. 305 ha was to pay eight ahiUinga : for the middle finger four shillinRs : for the gold finger (where the ring was worn) six shillings : for the little finger eleven shillings. There appears to have been considerable caprice in the ap- portionment of these penalties ; and every murder appears to have been commutable for money in the time of our Saxon ancestors 1 1 LiBEE gOMO. — These words are commonly opposed to "Vasstjs,'' or " Vassahis." Liber homo generally denotes an Allodial proprietor. Yas- stts one who holds of a superior. The words " ij Jer £bmo," 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 freqpen 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 miUtary service they are bound to perform." Tide Capiiul. lib. 1, § 114. If upon being summoned into the field, any person refused to obey, a full " Serebannum" i. 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 penaUy 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 Oapit Car, Magn. ap. Leg. Longob. lib. 1. The Em- peror, Lotharius, rendered the penalty still more severe ; and if any person, possessing such an extent of property, as made it incumbent on him to take the field in person, refused to obey the summons, all his goods were declared to be forfeited, and he, himself) might be punished with banishment. Tide Murai. Script. Ilal. vol. 1, pars 2, p. 153. liiBEETAS LOQUENDL — Among the Eomans, the speeches of the senators were sometimes received with shouts of applause ; thus " Oonsurgenti ad censendvm 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, exoscuXaretur, certatimque laude cumula/ret," Idem ix, 13, i. e. " there was scarcely a person in the senate who did not embrace, kiss, and eagerly applaud me." When Oato one day, to prevent a decree from being passed, attempted to waste the whole day in speaking^ Ccesar, then Consul, ordered him to be led to prison ; whereupon the house rose to follow him, which made Ccesar recall his order. Tide 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, &o. Tide Tacit. Hist. iv. 4. liBBEUM MAEITASIUM. — Prank marriage. A Tenure in tail special ; where a man seized of land in fee-simple, gives it to another with his daughter, sister, &o., in marriage, to hold to them, and their heirs. This tenure grow- eth from the words' in the gift, " Sciant me A. B. dedisae, concessisse, Furcai" and whoever had been subjected to this punishment was ever afterwards called " J'VrcJ/isn" 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 com. Vide Plavi. at 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 Plavi. Asin. U, 2, 34, &c. To deter slaves from offending, a thong (habbna) or a lash was commonly hung on the staircase, (ire scalis.) Vide Hor. Ep. ii. 2, 15 ; but this was, it is said, generally applied to younger slaves, " Impvberes haiend, yelfendd plectehantur," i. e. "The youngsters were flogged with a whip or rod." Vide JJlpian. Slaves, when punished capitally, were commonly cru- cified. Vide Jim. vL 219. Gic. in Terr. 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 Consiantine. If a master of a family was slain at his own house, and the murderer not discovered, oM his domestic slaves were liable to be put to death. Hence, we find no less than fotur hun- dred in one family put to death on this account. Vide Tacit. Ann. xiv. 43. How far Ijranny and revenge will go when left to the passions of the in- jured parties! 1 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. Plin. Ep. viii. 16 ; nor inherit anything, idem. iv. 11 ; but gentle masters allowed them to make a kind of a will {quasi testamentum, facere). Vide Plin. Ep. viii. 16 ; nor could slaves serve as soldiers. Id. x. 39, unless first made free, except in the time of Hannibal, when, after the battle of Gannce, eight thousand slaves were armed without being freed. Vide Liv. xxiL 57. These were called "Volones," because they enlisted voluntarily. Yiie Festus: these afterwards obtained their freedom for their bravery. (Liv. xxiv. 16.) Slaves sometimes saved money out of their allowances, which, with theu" masters' permission, they laid out at interest, or purchased with it a slave for themselves, from whose labors they might make profit. Gicero says that sober and industrious slaves, at least such as became slaves from being captives in war, seldom re- mained in servitude above sis years. {PMU. viiL 11.) At certain times 326 LAW 6L0SSAEY. slaves were obliged Jo make presents to their masters out of their pow sav- ings — "ex eoquod de dimenao am) imdatim comparserint," — i. e. "out of that which they aavcd by little and little from their alloTvanoe." Tide Tereni. 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 Aitl v. 3, &c., Ccesin. ii. 5, 6 Although the state of slaves, in point ot right, was the same, yet their condition in femilies was very different, according to the caprice and pleasure of their masters, and their various employments ; some served in chains, as janitors, apd door- keepers; and some in the country, "catenati cttltores," i. e. "chained hus- bandmen." Vide Fhr. iii. 19. " Vincti fossores" (chained ditchers or dig- gers). Vide Luc. vii. 402; others were confined in work-houses, below ground {in ergasttdis siibierrcmeis). So Pliny, " Vincti pedes, damnatoe manus, mscriptiqm viUtm, area exsrceni," 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 /i>ur concessions, corresponding to the ifcur capital grievahces 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 arlnirary, were precisely ascertained. 4th. They were allowed the liberty of marrying according to their own inclinations ; for- merly they could contract no rnarriage 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 Sabitmibus Montis Sriignis, A. D. 13'f6. 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 mora tl)an 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 pf his slaves, he gives this reason for it : "Cum R^emptor nosier, totius Oonditor natarce, ad hoc propiliatus hii/manum camem volverit assumere, ui divinitatis stus gratia, dirempto (quo tenebamv/r capiivi) vinculo, pristince nos, restituerit libertaii; saliibriter agitur, si hommes^ quos oS initio liberos natwra proMii, ei jus gentiwmjugo substituit servitutis, in ea qua natifuerant, manumiiteniis., beneflcio, libertate reddardur" — i. e. " Seeing that our Redeemer, the Creator of all things, as a propitiation, assumed a human body, that, by the merit of his divinity, the chain being broken (by which we were enthralled), he might restore us to liberty. So we act propi- 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 "Manumissjon," previously to the reign of Loiuis the Tenth, are granted "proamore Dei," "j(iro reniedio animm" et "pro mereedt animc^"- LAW GLOSSARY. 827 I e. "&r the love .of God," "forthe cure of the soul," and "ibr the welfare of the soul" Vide Du Cange, voc. " Manvmissio." The formality of Manu- mission was psTformed 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 bold 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 Eu/rope. The genius of the English constitution seems early to have favored Manu- mission generally ; yet. In some parts of England, personal service continued to * late period. In the year 1514, we find a charter of ffenry the Eighth, enfranchising two slaves belonging to one of his manors ; and so late as the year 1514, 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, count of privilege. Pee infortunium. ^By misfortune, or ill chance. Pee inquisitionem. By an inquisition. Pee judicium coronotorum. ^By tlie judgment of tlie coroners. Pee judicium recordatoris. By the judgment of the recorder. Pee juraraentum legalium hominum. By the oath of good (or lawful) men. Pee juratum patriae. By a jury of the country. Pee juratum vicini. By a jury of the neighborhood. Peejueii 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. Pee laudamentum, sive judicium parium suorum. ■ By an acquittal, or condemnation of his equals. Pee legale judicium. By a legal judgment. Pee legem apparentem. By a known law. Pee magnum servitium. (Tenancy) by grand ser- jeautry. Pee manifestam legem. By clear (or manifest) law. Vide note to " Kullus balivus." Pee meditatatem linguae. " By a moiety of speech :" alluding to the trial of an alien, by a jury of natives and foreigners. Vide note to " Medietas linguoe" Pee metas et bundas. By metes and bounds. Pee minas. By threats. Pee multos annos retroactos. For many years past. Pee my et per tout. In part and entirely. Peenancy. Taking : as taking the rents of an estate. Pee nomen generalissimum. By the most general name. Pee omnia terras et catalla. By all the lands and goods, Pee ostia aperta. Through open doors. Pee pais. By the country. • hAW GLOSSAET. 383 Per pares curtia. — • — By the peers (or equals) of tlio court. Pebpetiji usus causa. On account of tlie continual occupancy. Pee 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 quae 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. Pee 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. Pee quod proficium communise 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. Pee rationabUe pretium et extentum habendum. To take at a reasonable price and extent. Pee responsalem loco suo ad lucrandum vel perdendum ; verum opportet eum prsesentem in curia qui responsalem ita in loco suo ponit. Et nota differentiam inter responsa- lem et attomatum. By a person responsibly (appointed) in his stead to gain or lose ; but it is necessary that this 884 LAW GLOSSART. * person be in court wto thus deputes the person appointed. And mark the difference between an appointee and an at- torney. Per sacramentum legale. By a lawful oath. Per saltum. " By a leap." Passing over intermediate objects. Per scelera semper sceleribus certum est iter, The sure road to crime is always through iniquity. Per sectam sufficientem. By a suitable action. Persequi. To pursue. Per servitium mUitare. By knight's service. Per se, vel deputatum suum. ^By himself or his deputy. Per solam occupationem dominiimi prsedse hostibus ac- qtiiri. By possession alone the property of the spoils are acquired by the enemy. Persons conjunctio sequiparatur interesse proprio. ' The joinder of persons is equalled (by regard) to their per- sonal interests. Persona ecclesise. A parson or rector of a church. Persona impersonata. A parson impropriate. Persona mixta. " A secular monk." Probably, also, meaning a person not in holy orders, possessing a Lay im- propriation. Persona proposita.' The person intended. Persona standi in judicio. Capacity to sue. Peesone. A parson. Per stirpes. ^By stock : by lineage. Per 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. Perspicua vera non sunt prob&nda. " Plain truths do not require to be proved." Per terminum 12 annorum, si tarn diu viserit ; et si LAW OL OSS ART. 885 obierit infra predictum terminum, tunc, &c. For tlie term of twelve years, if lie should so long live ; and if lie die within the said term, then, &c. Pee testamentum.- " By will." One of the ancient modes of freeing a slave. \Vide note. Pee testatorem nominati. Those appointed by the testator. Pee testatos nominatos in obligatione. By the wit- nesses named in the bond. Pee testem idoneum : per duellum : vel per chartam. — - By a sufficient witness : by single combat : or by the deed. Vide note to "Ust autem magna" &c. Pee testes, et per patriam. ^By witnesses, and by the country. Peetica. A perch. Pee titulum doni, vel alterius donationis. ^By right of the gift, or of some other donation. Pee totum curiam. By the whole court. Pee totum regnum et potestatem nostram in terra, et potestate nostra. By the whole kingdom and our power therein, and by our authority. ♦ Pee totum tempus prsedictum. Through the whole of the said time. Pee totum Irienium. ^For three whole years. Pee tout, et non per my. ^By the whole, and not by apart. Pee transgressum districtionis. By a removal of the distress. Pde universitatem. In general. Pee usucaptionem. By possession : by taking the profits. Pee vadium. By gage. Pee verba de futuro. By words of future accepta- tion. Pee verba de prgesenti. By words of the present time. 25 386 LAW GLOSSARY. Per viam ellemosynse. By way of ctarity, or alms. Per vindictam. One of the ancient modes of freeing a slave. Yide note. Per vinum delapsis capitalis poena renaittitur. The capital pnaishment is remitted to those overcome by wine. Peevise.— — The porch of a church. Pee visum Ecclesiae. ^Under the inspection of the Church. Per visum juratorum. By a view of the jury. Pee vitium scriptoris. Through the fault of the writer (or transcriber). : Perte. Part. Peschbr. To fish. Pestoue. A baker. Petere. To pray : in civil law, a word made use ol 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 tJie feet of the suitors. Vide note. Pightel. A small enclosure of land. LAW GLOSSARY. 887 PiGNORl acceptum. A bailment by way of pledge. PiGNORis appellatione earn proprie rem contineri dici- mus quae simul etiam traditur creditori. At eam, quae sine traditione nuda conventione tenetur, proprie hypotheccs appellatione contineri dicimus. We correctly call by tbe term of pledge, such property as is at the same time delivered to the ereditor. But we properly designate by the term mortgage, that property which is held by bare covenant, without a delivery. PiGNDS. A pledge : a security. PiLiiERiE, or pilleurie. Plunder : extortion. PiLLEUE. A plunderer. PiLORi. A pillory. PiNKAS bibere. To drink to the pin (or mark). Vide note. PiEATi 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. Placitator. A pleader : a counsel. Vide note. Placito debiti. In a plea of debt. Plaga. A wound. Plagiarh. 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 Bdman people. Plegii ad prosequendum. Pledges to prosecute. Plegios de retorno habendo. Pledges to obtain a return. 388 LAW GLOSSARY, Pleideoik. One who pleads. Plej^ta cmia illud recordari facias. That you cause it to be reeorded in full court. Plen-a fides.-^ — Full credit. Plena probatio.- — " Full proof; sufficient evidence " — in opposition to " semi-probatio." Plena seizina. FuH possession. Plenarla. seizina. FuU possession, or seisin. Plene administravit. He (or she) has fully adminis' tered. Plene administravit, prseter, &c. He has fiilly ad- ministered, except, &c. Plene administravit, prseter de bCnis 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. Pletn. 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 tc the purpose. Pltjeis 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 speaJc from hearsay." Plusoes. ^Many. POEE. Authority. PosiNA viginti aureorum statuitur adversua eum qui con- liAW GL0S3AET. 389 tra annonam feeerit; societatemve coieret quo annona earior fiat. A penalty of twenty .pieces of gold is irxflieted on him who shall do anything injurious to the market ; or who joins a society wherehy the market price may become higher. Poi. A little. Poinding. "Taking goods in execution, or by way of distress." This is a Scotch term, and defined to be the diligence (process) which the law has devised for transfer- ring the property of the debtor to the creditor, in pay- mssA of debts. PoLLAiRDS. A small coin. PoMABiUM. An orchard. Pone. "Put" The name of a writ or process ia replevin. Pone per vadios et salvos plegios.^ Put by gages and safe pledges. Pontage. Toll for crossing a bridge. PoERO autem quum maritus sine lite et contraversia sedem incoluerit, earn conjux et proles sine contraversia possidento ; si qua lis fuerit Olata videntem earn, haeredes ad se (perinde atque is vivus) accipiunto. Moreover, when the husband, without suit or controversy, shall oc- cupy a place, let the wife and children inhabit it without dispute: if there be any action brought concerning the same, let the hetrs defend it (as if he were hving). PoETGEEVE. The highest officer of a port. PoETMom. ^An assembly. PoBTOEiuM. In ancient law. A tax taken at the city gates to defray the cost of repairing the roads. PoETUS. In civil law. A protected station, or ware- house, in which imported goods are placed, and from whence those to be exported are removed. PosiTivi juris. Of positive law or right. Posse. This is the infinitive mood, but used substan- tively to signify a possibility — such a thing is said to be 390 LAW GLOSSABY. "inposse"i. csucli a thing may possibly he; but of athing in being, we say it is "in esse." Posse comitates. "The power of the county," which the sheriff is authorized to call out, whenever an opposition is made to his writ, or to the execution of justice. PosSESSio bonorum. The possession of goods. PossESSio fiatris facit sororem esse haeredem. The brother's possession makes the sister the heiress. PossESSlONES in jurisdictionahbus non aliter apprehend! posse, quam per attournances et avirances, ut loqui solent ; cum vassaUus, ejurato prioris domiai obsequio et fide, novo se Sacramento novo item domino acquirenti obstringebat ; idque jussu auctoris. ^Possessions cannot lawfully be taken in any other manner than by attornments and aver- ments, as they used to call them ; for the vassal having re- nounced homage and fealty to his former lord, also bound himself by a new oath to the present lord, who purchased the seignory, which was done by the direction of the first proprietor. Vide note. PossESSlo quae nuda est omino, et sine aliqua investitura, quae dicitur intrusio. ^A possession, which is altogether naked, and without any investiture, is called an intru- sion. Posse vicinum impediri, ne in suo solo, sine alia causa suaque evidenti utilitate munimentum nobis proquinquum extruat ; aut aliud quid faciat, unde justa formido periculi oriatur. A neighbor can be prevented from l-aising upon his own ground any building close to another's unless fi:om evident utility ; nor can he do anything by which reason- able danger may be apprehended. PossuMus. To be able. PosTEA. " Afterwards." The name given to the en- dorsement of the verdict made on the record. PosTEA continuato processu praed' inter partes praed' per jur' ponit inde inter eos in respectu huio usq. ad tunc diem, LAW GLOSSAET. 391 soil' in octab. Sancti Trinitat' nisi justiciar' prius, &c. Afterwards by continuing the said process between the parties aforesaid by oatb therefor taken between them in this respect, tintil which day, viz., in eight days of the Holy Trinity, unless the judges first, &c. PosTEA convertit. He afterwards converted it (or ap- applied it to his own use). Post funera natus. A posthumous child. PosTLiME!TiUM. A reprisal ; a recovery. Postliminium fingit eum qui captus est, in civitate sem- per fiiisse. The return (or reprisal) supposes the person who was captured (or seized) to have always been in the state (city or country). Post litem motam. After the suit is moved (in court). Post nati. After-born. Post obit bond. After death. Post regulam peremptoriam quatuor dies ad placitandam, non est recto sed ex gratia, curia semper existens, interro- gata quando dies appunctuatur ut curiae placet. After a peremptory rule the four days (are given) to plead, not (as a matter) of right, but of favor ; the court sitting, from time to time, on being asked, appoints as many days as he pleases. Post terminum. After the term. PosTULATA. " Things required." Things demanded before the main argument be entered upon. Post ultimam continuationem. After the last coninu- ance. Post ultimum tempus legitimum muliuribus pariendi constitutum. After the farthest legal period allowed for women to have issue. Post umam permittitur accusatori, ac reo, ut ex iUo numero rejiciant quos putaverint sibi, aut inimicos, aut ex aliqua re incommodos fore. After (the names of the judges were deposited) in the urn, the accuser and the ac- 892 LAW GLOSSART. eused were permitted to reject from that number those whom they shoiild either suspect to be enemies, or who on any account might be unfriendly. PoTENTiA non est nisi ad bonum, ^Power is not con- ferred, but for the public good. PoTENTiA proquinqua. A probable possibility : an interest near at hand. PoTENTiA remotissma. A most improbable possibil- ity : an interest very remote. Potior est conditio defendentus.-^^ — The defendant's condition is the more preferable. Pour autre vie. For another's life. Pour mon compte seul. On my account alone. Pour seisir terres. — • — A power possessed by the king to seize the dower of a tenant's widow, if she married with- out his permission. PouRPARTT. Division. PouRPRESTURE. The unlawful appropriation of any- thing which ought to be for the benefit of all, as enclosing the public street, or building upon it, etc. Pour tout ce qui concerne I'ordre ( judicare, or form of action) ou doit suivre I'usage de lieu on I'on plainte ; mais pour ce qui est de la decision du droit (on the merits) on doi suivre le regla generale lex loix du lien ou le contrat a et^ passe ex consuetudine ejus regionis in quo negotium ■gestum. In everything relating to the form of the action we must observe the custom of the place where the action is pending ; but in all those things which concern the merits, we must follow the general laws of the place where the contract was made, according to the custom of the country where the transaction occurred. PouRVETOR. A person in the employ of royal oi great families. who provided articles of food for their use. PovERS. Indigent persons. Precipe. Command. Precipe in capite. A writ of Eight, so called. LAW GLOSSARY. 393 Frmcite, quia domimia remisit ciiriam. Command, as tlie lord has adjourned the court. Pe^oipe quod reddat locum tenens, &c. Command that the deputy restore, &c. Pe^co. A herald. Pejecludi non.- ^Not to be stopped, or debarred. Pe^dia libera. Free farms : not subject to services. Vide note. Pejsdli volaiutia. ^Estates quickly passing away. Pe^digtus defendens capiatur. ^That the said de- fendant be arrested. Pe^dium Domini Eegis est directum Dominicum, oujus nullus author est nisi Deus. The estate of the Lord the King is a direct (or absolute) sovereignty, of which no one is the author except Grod. Pe^fatus. Aforesaid ; a word often used in entries, sometimes written prcefat or pYaf. Pe^missa. Premises. Pejenomen. First name. Pe^feotus urbis. ^The Prefect (or Governor) of the city. Pe^muniee. -" To forewarn." A writ so called, by which certain offenders are put out of the protection of the law. Vide note. Pe^muniee execrabile illiid statutum. That execra- ble statute ^rcemMmVe. Pe^positus ad quartum circiter septimanam frequentem populi concionem celebrate; cuique just dicito, litesque singulas dirimito. ^Let the sheriff, about every fourth week, hold a full assembly of the people : let him ex- pound the law to every one, and decide their several suits. PEassOEiPTio annalis, quae currit adversus actorem, si de homicida ei non constet intra annum a csede facta ; neo quenquam interea arguet et accusat. The annual pre- scription which runs against a prosecutor, if he do not 894 LAW GLOSSABY. know of the murder -within a year after it is committed, nor in the mean time accuse and impeach any person. Pe^sijntia corporis tollit errorem nominis ; Veritas nominis tollit errorem demonstrationis.-^' The presence of the person removes any error of the name ; and the truth of the name removes any error in the proof. PEiESiDiUM. A protection. Pejbsumitue. The presumption is; PEiESUMPTio juris. A presumption of law. Pe^staee tenetur quodcunque damnum obveniens in mari.— ^ — He is bound to pay whatever loss (or damage) happens upon the sea. Pejbteeea autem concedo ut in propriis quisque tam in agris, et in sylvis, excitet, agitetque feras. But I also grant that every person, in his own fields and woods, may start and chase wild animals. PE-a!TEE scriptionem et collectionem. ^Besides the writing and collecting. Pb^toe. A Magistrate : a Judge among the ancient Jhmans. Vide note. Pe^toe fidei commissarius. The Judge, among the ancient Bomans, who compelled the performance of trusts ; and who appears to have had, in this respect, a similar of&ce to our Chancellors, Pe^toeitoeum memoria eventorum. The remem- brance of past events. Peatum. Meadow. Peava consuetudo.— — ^An illegal custom. Peecaels!, or Peeces. In old law. Day's labor re- quired from the tenants of some estates for the lord during harvest time. Peece partium. "At the request of the parties." As where the suit is continued on the prayer or agreement of the plaintiff and defendant. Peedial. ^Whatever comes from the land. Peendee. To take. LAW GLOSSARY. 395 Pres. ^Near. Prestation. ^A payment. Peesumptio juris, et de jure. ^Presumption of right, and according to law. Peetium affeotionis. The reward of affection. Peeue. Good. Peim^ impressionis. On the first impression or view : a novelty. Peimage. ^A sum of money paid to the captain of a ship by the owner of the goods, over and above the freight- age for his trouble concerning them. PsiMARLa: ecclesise. To the Diocesan church : also the first fruits belonging to the church. PEiMAEifi preces. The principal requests. Peima seisina. The original seisin, or possession- Petma tonsura. The first crop or shear. Peimee fine. The first fine. Peimitls!. First fruits. Peimogenituea. " Primogeniture." The title of an elder son or brother, in right of his birth. The reason of which Lord Ooke curiously says is, " qui prior est tempore, potior est jure ;" " who is first in point of time, is superior in point of right ;" affirming, moreover, that in King Al- fred's time. Knights' Fees descended to the eldest son, he- cause, by the division of such fees between males, the de- fence of the realm would be endangered. Peimum, coram comitibus et viatoribus obviis, deinde, in proxima villa vel pago ; postremo, coram ecclesia vel judicio. ^First, (to be proclaimed) in the presence of the officers and travellers passing by; then, in the next vil- lage or street ; and, last of all, in the church or in court. Peimum patris feudum. The first (or principal) fee, or inheritance of the father. Peimum patris fuedum primogenitus fihus habeat. Emp- tiones vero vel deinceps acquisitiones suas, det cui magia relit. The eldest son shall have the principal feud (or land 896 LAW GLOSSARY. originally granted). But the father may give his purchased or affcer-accLuired estates to whom he pleases. Peimus inter pares. The first among his equals : a President. Peincipia. ^Maxims. Peincipes regionum atquepagorum inter suos jus dicunt, contraversiasque minuunt. The lords of hundreds and districts expound the law and settle disputes. PEiiirciPns obsta. Meet first beginnings : oppose ob- stacles instantly. Peisage. -The King's right to iake two tons of wine from every ship importing to England twenty tons. Peiso. Prisoner. Peisal in autre lieu.-- — Taking in another place. Peisone forte et dure. 'Strong and close confiaeiosient. Peius autem intellige, et deinde ad opus accede.' But first understand, and afterwards proceed with the business. Peivement enciente. Privily pregnant. Peivigkus. ^A step-son. Peivilegium clericale. The benefit of clergy. Peivity. Connection of interest. Pboamita. The sister of a great-grandfather. Peoavunoulus. The brother of a great-grandfather. Peoavus. A father's grandfather. Peobata, Things proved: proofs. Peobatio. ' ' Proof." Showing the truth of any mat- ter alleged. Vide note. Peobatoe. An approver. Peo bono et malo. ^Whether for gain or loss. Peobus et legalis homo. A good and true man. Peocedendo ad judicium.^ — ^In proceeding to judg- ment. Peooes verbal. ^Process verbal. PiiiOCHEiN ami. — ■- — The next friend, Peo confess©. ^As confessed : as if conceded : takes for granted. LAW GLOSSARY. 397 Peo consilio impendendo. For counsel to be given. Peo corpore comitatus. For tlie body of the county. Pbo correotione et salnte anim®, For amendment, and the welfare of the soul. Peg crimine falsi.- For the crime of forgery. Pbocul dubio quod alteram libertas, alteram necessitas impelleret. It was liberty, beyond aU doubt, that com- pelled the one, necessity the other. Prooueator ad agendum. An Agent, Proctor, or Attorney. Peooueatoeibus, qui in aliqmbus partibus attornati nuncupantur. — ^By proctors, who, ia some places, are called attorneys. . Peo custode pacis et bono regimine et gubernatione eorum ibidem. For keeping of the peace, and good rale and government of the people there. Peg custodio terrse et haeredis. ^For the possession of the land, and of the heir. Peg cursu scaccarii. By course of the Exchequer. Peg damno fatali. For a total loss. Peg damnis suis occasione detentionis debiti. For their damages by reason of detaining the debt. Peg defectu bonse custodise ipsius defendentis, et servien- tium suorum perdita et amissa fuerunt. For want of Bafe custody of the defendant and his servants (the goods) were lost and destroyed. Peg defectu exitus. For default of issue. Peg defectu emptoram. ^For the want of purchasers. Peg defectu hseredis. For want of an heir. Peg defectu juratorem. For want of jurors. Peg defectu juris. For want of right. Peg defectu jurisdictionis. For want (or in defect) of jurisdiction. Peg defectu jurisdictionis, et pro defectu triationis.— • For want of the jurisdiction and a trial Peg defectu placiti. For want of a plea. 398 LAW GLOSSAET. Pro defectu tenentis. ^For default (or want) of a tenant. Peg delibero tenemento. ^For exonerating (or dis- charging) the tenement or-land. Peodes homes. Anciently a title bestowed upon peers or military men who were summoned to the King's council. Peg digna laborum multorumpque ad iuTentionem re- munerationem. 'For a suitable remuneration of the many labors of discovery. nqoSaata.. Treachery : treason. Peoditigee, et contra ligeantise suae debitum. Trea- sonable, and against the bond of his allegiance. Pec domino. As master. Peg eo quod leges quibus utuntur Hybemici Deo detes tabiles existunt, et omni jure dissonant, adeo quod leges censeri non debeant ; nobis, et consilio nostro satis videtui expediens eis utendas concedare leges Anghcanas. — —In- asmuch as the laws which the Irish people use are odious in the sight of God, and at variance with all justice, so that (in fact) they ought not to be accounted as laws ; it appears expedient to us and to our council that the English laws should be substituted in their place. Peg et durante termino vitarum suarum, et haeredum et assignatorum praedictorum Yahhtini et Alicioe, et pro defec- tu talium haeredum de prsedicto Valentino et AlicicB, &c. For and during the term of their lives, and the heirs and assigns of the said Vaientine and Alice, and in default of such heirs of the said Valentine and Alice, &c. Peg expensis Htis. For costs of suit. Peg falso clamore suo.^ — For his unjust claim (or suit). — Peg feodo militari reputatur. It is accounted as a Knight's fee, Pegfeeendo hie in curiam. By offering it here in court. LAW GLOSSARY. 899 Peofeet ad ctuiam.— — He tenders (or shows) to tlio court. Peogeessum est ut ad filios deveniret, in quem scilicet dominus lioc vellet beneficium confirmare. It is decided that it should descend to the sons ; that is to say, on him to whom the Lord was wUling to confer this benefit. Pbo hac vice " For this turn" (an alternate right of presentation, when alluding to a church living). PEoaaiREDES. Those who act for heirs. Peohibemds ne quisquam, &c. — ■ — ^We forbid that any one, &c. Peohibetue ne quis faciat in suo quod nocere possit in aHeno ; et sit utere tuo ut alienum non Isedas. It is for- bidden that any one should do that in his own (property) which may injure another; wherefore so use your own that you do no damage to others. Peg homagis, et servitis. For homage and service. Peo indivisio. For an undivided (part). Peg instanti. For the instant : for the present time. Peg interesse suo. For his own interest, or on his own account. Peg jure alicujus murdriendo. For the concealment (or destruction) of any person's right. Peg Isesione fideL On account of an injury to his faith (or fealty). Pegles. Children of a legal marriage. Pegletaeius. In Eoman law. Of a low condition : plebeians. Peg libertate patriae. For the liberty of the country. Peg majori cautela. For greater caution. Peg misis et custagiis. ^For (his) charges. Pegmateeteea. In Eoman law. The sister of a great grandmother. Peg necessario victu et apparatu ad manutentionem farni* liae suae. For necessary food and apparel for the susten- ance of his family. 400 LAW GLOSS ART. Peonepos. The son of a grandeUM. Peoneptis. The daughter of a grandchild. Peg non bene utendo facilitate medicinse, ^Por im- properly ■uising the faonlty of medicine. Peo omni tramsgressione, licet minima, ubi quia ad pacem domini regis voeatus, yenire recusaverit; et hoc propter contumaciam. For every default, even the least, where any one has been called to preserve the peace of our lord the King, and has refused to come ; and this because (of his) contumacy. Peo opere et labore. For work and labor. Peo pastura centum ovium. For the pasture of a hundred sheep. PeOpe altamviamregiam. ^Near the King's highway. Peopinqui et consanguinei." ^Neighbors and rela- tions. Peopinquioe excludit propinquum: propinquus re- motum; remotior remotissimum. He that is nearer, excludes one that is near; he that is near, one that is re- mote ; and one that is remote, the most distant. Peopioe sobrino, propior sobrina. A great uncle or aunt's son or daughter. Peo placito dicit, &c. ^He says for a plea, &c. Peo placito et monstratione juris dicit. He says aa (or for) a plea, and the showing of right. Peopoecitas. ^Anciently, the purport of a matter. Peo prsemio. For a reward. Peopeia manu. With his own hand. Peopeia manu pro ignorantia literarum signum sanctsc crucis expressi et subscripsi. By reason of my ignorance of letters, I have marked and subscribed with my own hand the sign of the holy cross. Vide note. PeopelAl persona, sedente curia. In proper person, during the sitting of the court. Propeietate probanda.- Bj proving property; or the right. LAW GLOSSAET. 401 Pro prima tonsura. ^For the spring grass; or first sliear. Peopeio jure. In its proper right. Peoprio vigore. In full force (or effect). Peopeium est quod quis libra mercatur et tere. " For it is proper that every one should purchase by money weighed." Vide note to " Hmredes, successoresque." Pbopter adulterium. On account of adultery, Peoptee adulterium, propter furorem, propter heresiam, propter ssevitiam. "On account of adultery, rage (or madness), heresy, or cruelty." These were at one time causes of divorce from bed and board ; but not " a vinculo matrimonii'''' (from the bond of marriage). Peoptee affectionem. On account of partiality. Peoptee capitales inimicitias. On acount of deadly feuds. Peoptee defectum. On account of some defect (aa age, &c.) Peoptee defectum : propter delictum. Because of the default : because of the offence (or crime). Peoptee defectum sanguinis. On failure of issue. Peoptee delictum. ^Because of an offence (or crime). Peoptee delictum tenentis. For the offence (or crime) of the occupier. Peoptee donum et feoffamentum. By reason of the gift and feoffment. Peoptee honoris respectum. ^In regard to rank (or dignity). Peoptee honoris respectum ; propter affectum ; vel prop- ter delictum. On account of (his) rank ; because of par- tiality ; or for crime. Peoptee impotentiam. By reason of impotency. Peoptee longissimum ingressum. By reason of the antiquity of the entry. Peoptee odium delicti. On account of turpitude of the crime. 26 402 LA-W GLOSSART, Peopter privilegium. By reason of privilege. Propter ssevitiam aut adulteriiim. ^Because of cru- elty or adultery. Propter transgressionem. On account of trespass or injury. Propter visum et auditum. ^By reason of the view and hearing. Pro querula. On account of a complaint. Pro querente. ^Por the plaintiff. Pro quodam valario. — — ^For some voluntary considera- tion. Pro rata itineris. At the rate of the voyage or journey. Pro rata itineris peracti. At the rate of the journey performed. Pro rationabile dotagio. For a reasonable dowry. Pro re nata. "For the existing occasion;" for a special business ; or on an emergency. Pro rotorno habendo. For a return to be had. Pro salute animae. For the welfare of the soul. Pro salute animse ejus ecclesise consUio. For the welfare of his soul, by the advice of the church. Protectio trahit subjectionem, et subjectio protectionem, "Protection draws (or implies) allegiance, and alle- giance (should ensure) protection." This was one of the greatest principles of the_/eMC?anaw. Pro tempore existente. Existing for the time being. Pro tempore, pro spe, pro commodo minuitur eorum pretium atque auget. The value of those things is lessened, or increased, according to time, expectation, or profit. Pro termino vitarum .suarum. ^During their lives. Prothonotary. One of the highest clerks in the courts of King's Bench. Pro turpi causa. For a dishonest purpose. LAW GLOSSARY. 403 Pro usu et usurpatione. For the use (or occupation) and usurpation. Prout constat nobis per recordum. As appears to us by the record. Peoitt debuit. As he stood indebted. Prout eis visum fuerit, ad honorem coronse et utUita- tem regni. As it shall appear to them for the honor of the crown and service of the realm. Prout ei bene licet. As it -was very lawful for him. Prout in indictamento supponitur. As is supposed in the indictment. Prout lex postulat. According as the law requires. Prout patet per recordum. As appears by the record. Pro vero et justo debito. ^For a true and just debt. Peovisione viri. As a provision (or support) for the husband. Proave. Advantage. Peoxeneta. A negotiator. Proximus haeres. The next heir. PuBLiCA judicia. Criminal trials. Vide note. Publicum bonum est privato prseferendem. Public good is to be preferred to private interest. Publicum jus. ^Law which relates to the condition of the state. PUDZELD. In ancient law. A release from paying the tax of money for getting wood from a forest. Puis darien continuance. Since the last continuance (or adjournment). Puisne. ^Younger : subordinate. Vide note. PuissE porter brefe de novele disseisine, aux sicum de frank tenement. They may bring a writ of novel dis- seisin ; as if they were tenants of the freehold. PuLSARE. To charge or accuse. PuNCTUM temporis. The shortest possible space of time. PuNDBEECH. The taking cattle, unlawfully, from a pound. 404 EAW GL03SAEY. PtJNDFULDA, A pound. PuE autre vie. For the life of another. PtiE cause de vicinage. ^By reason of vicinage or neighborhood. PuE ceo que. Because, forasmuch: a phrase com- mon in old books. PUE le pais. By the country. PuE murdre le droit. For concealment of the right, PtJEALLE, puraille, poeal. The edges of a forest or park. PtTEPAES. One part of an estate after it has been divided. PtTEPEESTUEE. The erection of a house, &c., or an inclosure made upon any part of the king's demesnes; or upon a highway, common, street, or public water, is called a " PuTpresture^^ PuEUM villenagium. A pure villenage. PuE usage de pais. ^By the custom of the country. PuTATio. The act of pruning trees. Putative. Supposed. NOTES TO P. Pabaphbbnalia. — ^It 13 not improbable that the Eomans took their custom of the Paraphernalia from the Orientals. The weight and value of the orna- ments put upon. Setecca appear to us, at this day, very extraordinary. But Ohardin assures us that even heavier were worn by the women of the East, when he was thera He says that the women wear rings and, bracelets of as great weight as this, and even heavier, throughout all Asia. They are rather manacles than bracelets; They wear several of them, one above another, in such a manner as sometimes to have the arm covered with them from the wrist to the elbow. Poor people wear as many of glass, or horn. They hardly ever take them off; they are their riches. Tide Bcmner's Observations, vol. ii. p. 500. Among the several ornaments which Abraham sent by his servant, whom he employed to search out a wife for his son Isaac, were jewels of silver and jewels of gold, exclusive of raiment, which probably was very rich and' valuable for the age in which Abraham lived. Rich and splendid apparel, such as was usually adorned with gold, was general in the Eastern nations, from the earUest ages ; and the fashions and customs of the Orientals are not subject to much variation. We find that the.propensity for golden ornaments prevails even in the present age, among the females of the countries bordering on Judea. Mimgo Park, in hia " Travels in Africa," mentions the following singular circumstance respecting the ornamental dresa of an 4^m«ra lady': "It isievident, on account of the process by which negroes obtain gold in Manding, that the country contains LAW GLOSSARY. 405 a considerable portion of the precious metal. A great part ia converted into ornaments for the women, ; and when a lady of consequence is in f\iU dress, the gold about her person may be worth, altogether, from Jffty to e^hty pounds (stertiug.)" 'We find that the same disposition for riah orna- mental apparel prevailed in the time of the Apostles ; for St Peter cautioned the females of quality, in the first ages of Christianity, when they adorned themselves, not to have it consist in the outward adorning of plaiting the hair, and wearing gold, or of putting on apparel. Tide 1 /fetiii. 3. "Upon thy right hand did stand the Queen in gold of Ophir. Her clothing is of wrought gold.'" Vide Psalms, xlv. 9, 14. Pecunia 6IGNATA, — The Romans, Uke other ancient nations, (vide Sirdb. Si. 155,) at first had no coined money, {pecimia signata,) buteither exchanged commodities, as is at present usual in many of the western parts of North America, (and in other parts of the world,) of used a certain weight of un- coined brass (aes rude) or other metal. Hence the various names of money, also denotes weight; the Latin word "pendere," to weigh, ia sometimes put OS a synonymous word for " solvere,^' to pay. So stipendum (a stipe pendendat), soldiers' pay, [Festus,) because at first it appears to have been weighed, not counted. Vide also Genesis, xxiii. 16. Thus, talentwm, and mina, among the Greeks, and shekel among the Hebrews ; and from the custom of weigh- ing, comes the word pound with us. Several Greek words are supposed to allude to the ancient custom of exchanging commodities : thus amoomai, (to exchange or purchase, by giving a lamb ; ) arnos, (a lamb ;) oneomai, (by giv- ing an ass;) onos, (an ass;) poko, (by giving a foal;) polos, (a foal or the young of ajiy animaL) It is said that Servius TuUius first stamped pieces of brass with the image of cattle, oxen, swine, Ac., pecudes, (cattle,) whence, it is said, comes the word "pecania," (money.) Vide Ov. Fast v. 284. Servius, Sex, ovium ioumgue effigio primus ces sigruwit, vide Plin. xxxiii. 3. — i. e. " Servius, the King, first coined money, with the likeness of sheep and oxeu," (stamped thereon.) Silver, it is said, was first coined A. 0. 484, or, according to others, A. U. 498 ; and gold, sixty-two years after. Vide PUn. xxxiii. a 40. Liv. Ep. XV. Silver coins, however, seem to have been in use in Rome, be- fore that time, but of foreign coinage. Vide lAv. viiL 11. Hence we find that ^s, or JEra, is put for money in general Vide Hor. Art. P. 345 — oea aiienum, a, debt ; annua aera, yearly pay. Vide Liv. v. 4. Money was likewise called slips, {a stipando,) from being crammed in a cell, that it might occupy less roonL Va/rr. L. L. iv. 36. But this word is usually put for a email coin, as we say a cerd, or half cent, offered to the gods at games or the like, Cic. leg. iL 16, or given as alms to a beggar, or to any one as a New-Tear's gift, {strena,) or by way of contribution for a public purpose. Plin. xxadii 10. s. 48. The first brass coin, (rmmmvs vel numvs ceris,) was called AS, (anciently assis, from ces;) of a pound weight, (liberalis.} It appears that the highest valuation of fortune* (census maximus,) under Servius, was 100,000 pounds' weight of brass. Vide Liv. i. 43. The other brass coins, besides the as, were semisses, trientas, quadrantes, and sextarUes. These coins at first had the full weight, which their names imported ; hence in later times called ces grave. Vide Plin. xxxiii. 3. s. 13. The silver coins were denarius, the value of which was ten asses, or ten pounds of brass, marked with the letter X ; Qaimwrius, five asses, marked V; and Sestertius, two asses and a half. The impression on silver coins was usually on one side, carriages drawn by two or four beasts ; and on the re- verse the head of Roma, with a helmet. On some silver coins was marked the figure of Victory ; hence called VidoriOti. From every pound weight of silver were coined 100 denarii, so that at first a pound of silver was equal in value to a thousand pounds of brass. 406 LAW GLOSSARY. Whence vre may judge of the scarcity of sHver at that time in Home. But afterwards the case was altered. For when the weight of the as was di- minished, it bore the same proportion to the denarius as before, until it was reduced to one ounce ; and then a denarius passed for sixteen asses, (except in the military pay, in which it continued to pass for ten asses, at least un- der the Republic, Plin. YTnriii. 3 ; for in the time of Tiberius, it appears no such exception was made, vide Tacit. Ann. i. 11,) a quinarius for eight asses, and a sesieriius, for four ; which proportion continued when the as was re- duced to half an ounce. Plin. ibid. But the weight of silver money also varied, and was different under the Emperors from what it had been under the Republic. Va/rro mentions silver coins of less value ; LibeUa, worth an as, or the tenth part of a denarius ; SembeUa, worth a half pound of brass ; and Te- nmcius, the fortieth part of a denarius. A golden coin was first struck at Home, in the second Punic war, in the Consulship of G. Claudius Nero, and M. Livius SoMnator, A. U. 546, called Aureus, or aureus nummus, equal in weight to two denarii and a quinaritis, and in value to twenty-five denarii, or one hundred sestertii. Tide Suel. 0th. 4. Hence the fee allowed to be taken by a lawyer is called by Tacitus, " dena sestertia." Tide Ann. xi. 1. The common rate of gold to silver un- der the Republic was tenfold. But Julius Ooesar obtained so much by plun- dering, that he exchanged it for 3000 sestertii, or 750 deTiarii the pound ; i e, a pound of gold for seven pounds and a half of silver. Tide Suel.. Gees. 54. Pee DUEliUTM. — It appears probable, from a law quoted by Jo. 0. Stiern- hook, "de jvire Sueonum et Gofhorum vetusto," that judicial combat was originaMy permitted, in order to determine points respecting the personal character or reputation of individuals, and was afterwards extended not only to criminal cases, but to questions concerning property. The words of the law are, " If any man shall say to another these reproachful words, ' Tou are not a man equal to other men,' or, ' Tou have not the heart of a man;' and the other shall reply, 'I am as good a man as you;' let them meet on the highway. If he, who first gave offence, appear, and the person offended absent himself, let the latter be deemed a worse man even than be was called ; let him not be admitted to give evidence in judgment, either for man or woman, and let him not have the privilege of making a testament. If he, who gave the offence, be absent, and only the person offended, appear, let him call upon the other thrice, with a loud voice ; and make a mark upon the earth ; and then let him who absented himself be deemed infamous, be- cause he uttered words which he durst not support. If both shall appear, properly armed, and the person offended shall fall in the combat, let a half compensation be paid for his death. But if the person who gave the offence shall fall, let it be imputed to his own rashness. The petulance of his tongue hath been fatal to him. Let him lie in the field without any compensation being demanded for his death." Tide Lex Upkmdica ap. Stiern. p. 76. Martial people were extremely delicate, with respect to everything that affected their reputation as soldiers. By the laws of the SaXians, if any per- son called another a Hare, or accused him of having left his shield on the field of battle, he was ordained to pay a large fine. Tide Leg. Sal tit. xxxii. § 4, 6. By the law of the Lombards, if any one called another Arga, L e. "a good for nothing fellow," he might immediately challenge him to combat. Tide Leg. Longob. lib. L tit. v. § 1. By the law of the SeUians, if one called another Cenitus, a term of reproach equivalent to Arga, he was bound to pay a very high fine. Tit xxxii. § 1. Thus the ideas concerning the point of honor, which we are apt to consider as a modem refinement, aa well as the practice of duelling, to which it gave rise, are derived from the notions of our ancestors, while in a state of society very little improved. The northern nations of Eta-ope held, above every other oonaideratioi^ LAW GLOSSARY. 407 their courage and acts of valor. Wo find the following pasaages in Ossian'd Poems, among innumerable others in various authors ( Ossicm, it is generally supposes, lived in the early ages of Christianity :) "My fathers, Ossian, trace my steps ; my deeds are pleasant to their eyes. Wherever I come forth to battle, on my field are their columns of mist. But mine arm rescued the feeble 1 the haughty found my rage was fire. Never over the fallen did mine eye rejoice. For this my fathers shall meet me at the gates of their airy halls, tall with robes of hght, with mildly kindled eyes. But to the proud in arms, they are darkened moons in heaven, which send the fire of night red-wandering over their face." And again : " Father of Heroes, TrenTnor, dweller of eddying winds I I give thy spear to Ossian, let thine eye rejoice. Thee have I seen, at times, bright from be- tween thy clouds ; so appear to my son, when he is to lift the spear ; then shall he remember thy mighty deeds, though thou art now but a blast." Pekegeini. — Strangers — Foreigners. With the ancient Romans, those who were not citizens were caUed foreigners (Peregrini), wherever they lived, whether in the city or elsewhere ; but after OaracaHa granted the free- dom of the city to aU freeborn men in the Soman world, and when Justinian sometime after granted it also to freedmen, the name of foreigners fell into disuse ; and the inhabitants of the whole world were divided into Romans and Barbarians. The whole Roman Empire itself was called " Romania," which name is sometimes now given to Thrace, as being the last province which was retained by the Rornans, until the time of the taking of Gonstan- iinople, by the Turks, A. D. 1453. While RonM was free, the condition of foreigners was very disagreeable. They might, Ludeed, live in the city ; but thoy enjoyed none of the privileges of citizens. They were also subject to a peculiar jurisdiction ; and sometimes were expelled from the city, at the pleasure of the magistrates. Thus M. Junius Pennus, A. U. 627, and C. Pa- pins Gelsus, A. U. 688, both Tribunes of the people, passed a law, order- ing foreigners to leave the city. Vide Gic. Off-iii. 11. Brut. 8. So Augus- tus, Suet. Aug. 42. But afterwards, an immense number of foreigners flocked to Rom£, from all parts. Tide Juv. Sat. iii. 58. So that the greatest part of the common people consisted of them ; hence Rome was said to be " mundi faice repleta,^'' L e., "full of the world's dregs." Tide Luc. vii. 405. Foreign- ers were neither permitted to use the Roman dress, (Suet. Claud. 25,) nor had they the right of legal property ; or of making a will. When a foreigner died, his goods were reduced into the treasury, as having no heir, (quasi bona vacantia ;) but if he had attached himself to any person, as his patron, that person succeeded to bis effects, (jure applicaiionis.) Tide Gic. de Oral. i. 39. But in process of time these inconveniences were removed ; and foreigners were not only advanced to the highest honors, but some of them even made Emperors. Perpeopeium, visum, &c. — Anciently, when any controversy arose respect- ing lands, or their boundaries, there was generally no other mode of settling the dispute, except by a view on the spot ; and the evidence and Jiea/rsay testimony of aged persons. Deeds or conveyances of land were made but seldom ; they were very concise, and the boundaries given in a general man- ner, and frequently not given in any definite mode, further than mentioning the number of towns, vills, &o. About the time of the Conquest, very large estates were granted on pieces of parchment, not exceeding in size a sheet of common writing paper. Some of these grants are now extant, as legible as when first written. Pee testamentum. — This was one of the ancient modes of freeing a slave (by giving him his liberty) by will. If this was done in express words, (ver- Us directis), as, for example, " Davus, sbevus meus, libee esto," i. e., "Da- liAW GLOSSAET. vus, my servant, De thou free," suoh freedmen were called " Oecini," or "Charonitce," because it was said they had no patron, but in the infernal re- gions. In allusion to which, those unworthy persons who got admission into the Senante, after the death of CcBsar, were by the vulgar called "Sena- TOKES Obcini." Tide Swi. Aitg. 35. But if the testator signified his desire, by way of request {verbis precativis), the heir (hceres fiduciarius) retained the right of patronage. When a person had his freedom giren him at his mas- ter's death, he was called " Oeoutus libebtus." Pee vitTDicTAM. — This was another of the ancient modes of freeing a slave ; when the master, going with the slave in his hand to the Prcetor or Gonml, and In the Provinces to the Proconsul oi Proprator, said, "I desire that this man be free according to the custom or law of the Romans," (" HtJifO noMiiiEii LIBBEUM ESSE vOLO MOEE, vel JUEE, QniHiTroM,") and the Praior, if he approved, putting a rod on the head of the slave, {Ror. Sat ii. 1, 76,) " I WILL THAT THIS MAN BE FREE AFTER THE MANNER OF THE EOMANS." Whereupon the lActor, or the Master, turning him (the slave) round in a circle, (which is called) " Vertigo," (Pers. Sat. v. 15,) and giving him a blow on the cheek, (alapa,) vide Jsidor. ix. 4, (whence, mato majoris aiapos mecum venmnt. Liberty is sold, &o. PJued. iL 5, 22), let him go (S manu emiitebaf), signifying that leave was granted him to go where he pleased. The rod, With which the slave was struck, was called " Vindicta," as some think from Vindiciw, or Vindecc, a slave of ttie Vitelii, who informed the Senate of the conspiracy of the sons of Brutus, and others, to restore the Tarqiiins ; and who is said to have been first freed in this manner, vide I/iv. ii. 5, whence also, perhaps, " vindicare in libertatem," " to free." " Mulier modo guam vin- dicta remedit," a woman lately fi-eed. Vide Ov. Art. Am. iii. 615. Pie poudre court. — " Ouria pedis pulverizati ;" from the Ft. "pied," pes; and " potidreux," pulverulentus. Skene (de iterho signif. verba " Pes pulve- roai") says the word signifies a vagabond, especially a pedler, who had no dwelling, therefore must have justice sv/nmiarily administered to him, viz. within three ebbings and flowiugs of the sea. Bradon calls it "justitia pre- poudrous." This court, among the old Saxons, was called ceapmig-gemot, I B. a court of merchandise ; or handling matters of buying and seUing. PiiiNAS BiBERB, or "ad pinnas bibere." The old custom of drinking, (brought in by the Banes,) was to fix o pin on the side of the vessel, or Wussail bowl, and to drink exactly to the pin. This sort of drunkenness was forbid by the clergy in the council of London, Anno 1102. Vide Cotoeli. It is probable that many, when thirsty, forgot the pin, and drank a little lower. The Romans used to drink to one another, thus, " bene vobis, kc." i. e. " health to you, &c." Plant. Pers. v. i. 20. Sometimes, in honor of a friend, or mistress. Vide Ibid, and Hor. Od. i. 21, 9 ; and they used to take as many cyathi, or cups, as there were letters in the lady's name (TibuU. ii. 1, 31 ;) or as they wished years to her ; hence they were said, "ad nv/merum bibere, (to drink to the number.) Vide Ov. Fast. iii. 531. A frequent num- ber was three, in honor of the Graces ; and nine, of the Muses. Vide Hor Od. iii. 19, 11. The Greeks drank first in honor of their Gods, and then of their friends; hence " Greco more bibere," (i. e. to drink after the Grecian custom.) Cic. Verr. i. 26. They began with small cups, and ended with larger, which is usually the consequence in modern times. A skeleton was sometimes introduced at feasts in the time of drinking ; or at least the repre- sentation of one [larva argeniea), vide Pelron, 34, in imitation of the Egyp- tians, vide Eerodot. ii. 78, s. 74, upon which the master of the feast, lookhig at it, used to say, Vivamus, bum licet esse bene. Vide Peiron, 34. PL AGITATOR. — ^We find it recorded that Half Flambaa-d, was "toiiusregni LAW GLOSSARY. 409 Pladlator" i. e. "Pleader for the whole realm," temp. Will. 2. It would appear at this day, that if Baif were pleader for the wAofe kingdom, his time must have been pretty well employed, if law suits were brought for suoh trifles as is customary in modem days. POSSESSIONES, &e. — ^It was formerly the custom, much more than at pres- ent, when a purchase was made of estates, in the occupation of tenants, to procure them to attorn, by signing an acknowledgment, that they from {hence- forth considered themselres as holding their lands of the purchaser. Pr^dia libera. — Farms not liable to any servitude were, among the Semans, called Prmdia libera, (i. e. free farms ;) optimo jure, vel condiiione optimd, (i. e. in the greatest right, or most perfect condition ;) others, " guce seroiebani; servitutem debeiant, vel servituti erant dbnoxia," (i. e. those under servitude ; who owed service, or were liable to perform duties,) w«re called ^'Prcedia Serva," (i. e. servile forms.) Vide Cic. in RuU. iii. 2. Buildings in the city were called " Prmdia urbana" (city farms), and were reckoned " res moncipt," only by accession ijwe fundi), i. e. by form right; for all buildings and lands were called Fundi; but usually buildings in the city were dalled .^Ides ; in the country Fiffitc A place in the city without buildings was called Area; in the country, Ager. A field with buildings was properly called Fundus. PB^MTnnBE. — ^We often find this writ mentioned in the old law ; it was probably corrupted from " PrcBmoneri," to be forewarned. Tide Uii Cam/e in verb. The offence for which this writ was granted was of a nature higMy criminal, though not capital. The first words of the writ are, " Prcemimire facias A. B.," &c., i. e. "Cause A. B. to be forewarned," &c. It took its origin from the exorbitant power claimed and exercised in England by the Pope; and was originally ranked as an offence immediately against the King, or his prerogative ; because it consisted in introducing a foreign power into the land, and thus creating " imperium in imperio," by paying that obedience to papal process which constitutionally belonged to the King. The penalties of a Praemunire are mentioned by a great many statutes ; yei prosecutions upon a Pr^munire are scarcely, if ever, heard of in the English courts. The Pope of Rome, at one time, took upon himself to bestow most of the Ecclesiastics^ livings of any worth in England, by Mandates, before they were Toid; pretending therein great care to see the Church provided with a suc- cessor before it needed — whence these mandates, or bulls, were called " gratiee eccpeciaiivae, or provieiones," i. e. expected rewards, or provisions. Vide Dua- rerrms de Beneflciis, Ub. 3, c. 1. These provisiones were at length so common that it became necessary to restrain them by law, vide Stai. 35, Edw. the First, and subsequent statutes for the punishment inflicted for this offence, which was severe. PBiBTOB. — "Is quipredt jure, et exerdki," i. e. "he who is first in the law, and the army." This word appears to have been anciently common to all magistrates. Vide lAv. ill 55. Thus the Dictator is called " Prcetor Maxi- mus." Liv. vil 3. But when the Gonsuls, being engaged in almost continual wars, could not attend to the administration of justice, a magistrate was cre- ated for that purpose, A. U. 389, to whom the name of Pr.j;toe was thence- forth appropriated. He was at first created only from the Patricians, as a kind of compensation for the Consulship being communicated to the Plebeians; but afterwards, A. IT. 418, also from the Plebeians. Vide lAv. viii. 15. The Pr(stor was next in dignity to the Consuls ; and was created at the ComiUa Ceniuriata, with the same auspices as the Consuls; whence he was called their colleague. Liv. viL 1 ; viii. 32. The first Prcetor was Sp. Fwrius Co- millus, son of the great M. Furius GamiUus, who died the year the sou was 410 LAW GLOSSAET. PrcBtor. When one Prceior was insufficient, on account of the number of foreigners who flocked to Borne, another Proeior was added, A- TJ. 510, to administer justice to them; or between the citizens and them, qui inter ewes Bomcmos ei peregrirws jits dicerei. Liv. Ep. xix. ; xxii. 35, i. e. "who should declare (or pronounce) the law between the Roman citizens and strangers ; hence called " Piubtoe PEBEOErsrus." The power of the Prwior in the ad- ministration of justice was expressed in these words, "Do, Dioo, Addioo," i. e. "I ordain, I pronounce, I condemn." Prmtor ddbet actionem eijudicem, (the Praetor may give the law and judgment ;) he gave the form of the writ for trying and redressing a particular wrong complained of; and appointed judges, or a jury, to judge in the cause ; diobbat jus, i. e. " he pronounced the law (or sentence;)" addicebat bona vel damna, i. e. "adjudged the goods, or awarded the damages. Peobatio. — Proof. Pracion says there is "prohatio dvplex," 1. e. " a double proo^" viz., "viva voce," by witnesses; and "probaiio moriua," by deeds, wri- tings, &c. Proof, according to Lilly, is either giving evidence to a jury on a trial, or else on interrogatories ; or by copies of record, or exemplification of them. 2 Lil. Ai. 393. Though where a man speaks generally of proof) it shall be intended of proof given to a jury, which, in the strict signiflcation, is legal proof. Tide Pulst. 56. Pbopeia mantj, &e. — The barbarous nations who prostrated the Roman Empire were not only illiterate, but treated literature vrith great contempt. The swarms of invaders found the inhabitants of most of the provinces which they conquered sunk in effeminacy and averse to war. " When we would brand an enemy," says Idtuprandus, "with the most disgraceful and coutu- meUous appellations, we call him 'a Roman;' hoc solo, id est Romani no- mine, quicquid, noMliiatis ; quicquid iimidatis, quicquid aversatioe, qv/icquidlvau- rice, quicquid mendacii, imrno quicquid vitiorum est comprehendes" i. e. "In this thing alone, that is, in the name of Roman, there is not only whatever is haughty; but also everything cowardly, of abhorrence, of effeminacy, of lying, yea^ all that you can consider disgraceful. . Vide Legatio a/pud Murat. Scriptor, Ital. vol. 2, pars. 1. p. 481. This degeneracy illiterate barbarians attributed to the love of learning. And, after they had settled in the countries they had conquered, they would not permit even their children to be instructed in any literary science, "for," said they, " instruction in the sciences tends to corrupt, enervate and oppress the mind, and he who has been accustomed to tremble under the rod of a pedagogue, will never look on a sword or spear with an undaunted eye." Vide Frocop. de betto Goihor. lib. 1, p. 4, ap. Scrip. Byz. edit. Venet. vol. 1. What a specious argument for ignorance I A considerable number of years elapsed before nations so rude, and so unwilling to learn, could produce his- torians capable of recording their transactions, or describing their manners and institutions. By that time the memory- of their ancient condition was, in some measure, lost ; and few monuments remain to guide their first wri- ters to any certain knowledge of them. Traditions then suppUed the place of truth, and distorted facts a thousand different ways. If we expect to receive any satisfactory account of the laws and manners of the Goths, Lombards, and Franks, during their residence in those countries where they were originally settled, from Jornandes, Pauhis, Wamefridus, or Gregory of Tours, the earliest and most authentic historians of those people, we shall be disappointed. Whatever imperfect knowledge has been con- veyed to us of the ancient state of those fierce northern tribes, we owe it, not to their own writers, but to the Greek and Roman historians. PuBLiOA JuDioiA. — Criminal trials among the Rorrums were at first held (mrcebaniu/r) by their kings, {Dyonys. ii. 14,) with the assistance of a council, LAW GLOSSARY. 411 ^aim consilio). Liv. i. 49. The King judged of great crimes himself; and left smaller crimes to the judgment of the Senators. Tullms Hostilius appointed two persons (DntJM7iBi) to try SoraUvs for killing his sister, and allowed an appeal from their sentence to the people. Liv. i. 26. Tarquinvs Superbns judged of capital crimes by himself alone, ■without any counsellors, Liv. 1, 49. After the expulsion of Tarquin, the Consuls, at first, judged and punished capital crimes, (Liv. ii. B. Dyonys. x 1.) ' But after the law of Popliocola, concerning the liberty of appeal, the people either judged themselves, in capital affairs, or appointed certain persons for that purpose, with the concurrence of the Senate, who were called " Qucesi- iores," or " Qucesiiores paricidii," (judges of parricide), whose authority, it appears, lasted only until the trial was over. Sometimes the Consuls were appointed. Tide Liv. iv. 51. Sometimes a Dictaior, and Master of the Horse, I2t. Ix. 26, who were then called Qu^esitoees. The Senators also judged in capital affairs. Tide SaUust. Cat. 51, 52, or appointed persons to do so. lAv. ix. 26. Puisne. — All the judges in England are called puisne judges, except the Chief Justice of the Courts of King's Bench, and Common Pleas, and Chief Baron of the Exchequer. Q. Q'd. CAPIAT in custod' suam omnes prisonar' qui sunt ad largum, extra prisonam. That lie take into his cus- tody all the prisoners who are at large, beyond (the walls) of the prison. Q'd. CAPIAT in custod' suam omnes prisonar' qui sunt in regulis. That he take into his custody all the prisoners, who are in the rules (or on the limits). QuACAMQUE via data. In every point of view. QuADRUPLATOR. An informer: an- accuser. Vide note. QuADRENNlUM utile. The four years permitted in Scotch law to a minor, after he comes of age, to annul, if he can, any deed done to his injury during his minority. Qu^ ab hostibus capiuntur, statim capientium fient. Those things which are taken from an enemy belong, after the battle is over, to the captor. Qu.a! admoneas. ^Which things you warn (or ad- monish) of. Q,VM ad manus Martini executoris postea devinirentj 412 LAWGLOSSAET. &c. ^Which subsequently came to tlie hands of Martin, ihe executor, Qu-s: ad omnes pertinent, omnes debent tractare. — - Those things which concern every one, should be exercised byaU. Qns: ad terram. Which (relate) to the land. Qu^ ad unem finem loquanta sunt non debent ad alinna detorqueri. ^What is spoken with one meaning should not be perverted to another. QuiE coram nobis resident. ^Which things remain before us. Qu^DAM nuda possessio. ^A certain naked (or bare) tenure. Qu^DAM nuda possessio, absque minima possessione, et nihilo juris. "A certain bare occupancy, without the the least possession, and no manner of right." A squat- ter's title. Qu.«;dam prjestatio loco relevu inrecognitionem domini. A certain performance, instead of a relief in acknowl- edgment of the lord (or fee). Qu^ enim res in tempestate, levandse navis causa, ejiciuntur, hse dominorum permanent. Quia palam est, eos non eo animo ejici, quod quis habere velit. Those goods which are thrown overboard in a storm, for the pur- pose of easing the ship, remain the property of the owners. Because it is evident that those articles are not wilfully cast away, which every one desires to preserve. QuiE enim proxima locis obessis deprehendantur non alia ratione publicantur,quam quod ex facto tacite ad hostem comeandi propositum eoUigantur. Those things, which are taken adjacent to besieged places, are not confiscated on any other account, than that they are privately intended, as collected, to be consumed by the enemy. Qu^ est eadem. Which is the same. QuiE fuit uxor. Who was the wife. QrriE in summis tribunalibus multi 6 legum canone de- LAW GLOSSARY. 413 cemunt Judices, solus (si res exigent) coMbet Cancellariua ex arbitrio ; nee aliter decretia tenetur suae curiae, vel sui ipsiua, quin, elucente nora ratione, recognoscat quae toIu- erit, mutet, et deleat prout suas videbitur prudentiae. The Chancellor, alone, in his discretion, restrains those de- cisions (if the case so requires) which many of the Judges in the Supreme Courts decide according to th« Canon law ; nor is he otherwise bound to the decrees of his own court, or (to those decided by) himself; but that on a new reason appearing he may reconsider, alter, or expunge those things, as he thinks proper, or as it shall appear to him to be prudent. Qvjs ipso iisu consumuntur. ^Those things which are consumed by the (very) use (or wear) of them. QuM libet concessio fortissimo contra donatorem interpre- tenda est. Every person's grant is to be expounded most strongly against himself. Qu^ minimis non curat. Which does not regard mere trifles. Qu^ neque tangi, nee videri possint. Those things which can neither be felt, nor seen. QuJE nihil frustra. Which requires nothing vainly. Qu^ plura. What more. Qu^RENS in misericordia. (Let the) plaintiff be in mercy (be Kable to punishment or fine), &c. QuiE relicta sunt et tradita. Which things are left and delivered (us). Qir^RENS ml capiat per breve. That the plaintiff take nothing by his writ, Qu-ffiRENS non invenit plegium. The plaintiff did not find a pledge. Qtr^STOE. A Eoman officer who collected the public revenues. QxTM secundum Canones et Bpiscopales leges ad regimen animarum pertinuit. Which, according to the Canona and Episcopal Laws, appertain to the cure of souls. 414 LAW aLOSSAET. Qu-«:STio fit de legibus, non de personis. The quea- tion is as to the laws, not (in respect) of the persons. QiT^STiONES public! juris. Questions of the public right (or law). QuM uxor habet. ^Which the wife retains. Qua executrix. As an executrix. Quale jus. What right. QuALiTAS delicti. The nature of the offence (or crime). QuALiTAS delinquentis. The rank (or standing) of the delinquent. QuAM angusta innocentia est ad legem bonum esse ?" -" How pitiful is that innocency which restricts itself to the (mere letter of the) law !" How many screen them- selves under the literal words of a statute ; who, if all cir- cumstances were known, deserve severe punishment. That man's morality is very limited, which is confined to the strict letter of the law. QuAM clamat esse rationabilem. Which he (or she) claims to be reasonable. QuAMDiu bene administrat. So long as he (or she) faithfully administers (the deceased's effects). QuAMDiu bene se gesserint. " As long as they con- duct themselves properly." This language was formerly used in the Letters Patent granted to the Chief Baron. All the English Judges now hold their of&ees by this ten- ure — formerly they were enjoyed " durante bene placito" during pleasure. QuAM legem exteri npbis posuere, eandem illis ponemus. The same law which foreign powers have shown to us, we should observe to them. QuAM prop^ ad crimen sine crimine? "How near (may one approach) to crime without being guilty ?" Cen- turies since, this was a mooted question. Some reasoned on the different gradations of crime, until, in theii' own opin- ions, they almost reasoned away the crime itself. LAW GLOSSARY. 415 QuAMVIS autem nulla specialis sit commerciorum prohi- bitio, ipso tamen jure belli commercia esse vetita; ipsae in- dicationes bellorum satis declarant ; quisque enim subditua jubetur alterius principis subditos, eorum bona aggredi, occupari, et quomodocumque iis nocere. Althougb no special probibition to commerce be made, yet, according to the law of ■war, it is forbidden ; (and) these appearances of hostility are sufficient of themselves ; for every subject of one belligerent power is commanded to attack the sub- jects of the other, and seize upon and injure their property in every possible manner. QuAMTis quis pro contumacia et fuga utlagetur, non propter hoc convictus est de facto principal!. Although a person may be outlawed for contempt and flight, he is not on this account (alone) convicted of the principal fact. QuAND il'y a prisi d'amis ou d'ennemis, ou autre tel des- toubier en la navigation. When it is seized either by friends or enemies, or meets with any other such interrup- tion on the voyage. QuANDO acciderint. ^When they may happen. QuANDO aliquid mandatur, mandatur et omne per quod pervenitur ad illud. When a thing is commanded to be done, everything necessary to its accomplishment is also commanded. QuANDO aliquid prohibetur, prohibetur et omne per quod devenitur ad illud. When a thing is forbidden to be done, everything having a tendency towards its taking effect is also forbidden. QuANDO aliquis aliquid concedit, concedere videtur et id, sine quo res uti non potest. When a person grants some- thing, it will appear that is also conceded without which the thing cannot be enjoyed. QuANDO de una et eadem re duo onerabiles existunt, unus, pro insufficientia alterius de integro onerabitur. When two persons are liable for one and the same thing, 416 LAW GLOSSARY. one, in case of tte otlier's defeult, is chargeable mtk the whole. QuANDO hasta, vel aliud corporeum quid libet porrigitui S domino, se investituTam facere dicente ; quse saltern coram duobus vassallis solenmiter fieri debet. When a spear, or any other selected corporeal thing, is held out by the lord (of the fee), declaring that he invests them with pos- session, which should be solemnly performed before two vassals at least. Tide note. QuASTDO jus domini regis et subditi insimul coneurrunt, jus regis prseferri debet. When the right of the lord the king, and the subject meet together (or are similar), the king's right should be preferred. QuANDO lex aliquid concedit, concedere videtur et id per quod devenitur ad illud. When the law grants anything, it would also appear to concede that (right) by which it may be accessible. QuANDO non valet quod ago, valeat quantum valere potest. ^When that which I do is of no utility, let it be as efficacious as possible. QuANDO plus fit quam fieri debet, videtur etiam illud fieri, quod faciendum est. When more is done than ought to be performed, it seems that sufficient is (actually) accomplished. QuANDO principes inter partes loquuntur, et jus dicunt. When the Emperors pronounce between the (litigating) parties, and declare the law (of the case). QUAJSTDO quod ago non valet ut agam, valeat quantum valere potest.^ When that which I do is inefficacious in the mode I intend it, let it avail as much as possible. QuAND un Seigneur deParlement serra arrien de treason, ou felony, le Eoy par ses lettres patents fera un grand et sage Seigneur d'estre le grand Seneschal d'Angleterre ; qui doit faire un precept per faire venir xx. Seigneurs, ou xxviii., &C.' When a Peer of a Parliament shall be ar- raigned for treason or felony, the King by his letters patent LAW GLOSSARY. 41T suall laaike a noble and intelligent Peer Higt Steward of England, wlio is to issue a precept to cause twenty, or twenty-eight Peers to come, &o. Qua non deliberetur sine speciali prsecepto domini regis. From whiob. he cannot be discharged without the King's special precept. QuAKTA esse debeat per nullam assizam generalem de- terminatum est, sed pro consuetudine singulorum comita- tuum debeter. The quantity should not be determined by any general assize, but be due according to the custom of the several counties. Quant bestes sauvages le Eoy aler hors del forrest, le property est hors del Eoy ; silz sount hors del parke capi- enti conceditur. When the King's wild beasts go from the fprest, the property ceases to be in him ; (but) if they go out of the park, (then) they become the property of the captor. QuANTO gradu unusquisque eorum distat stirpite, eodem distat inter se. In so great a degree as each person ia removed from the stock, in the same relationship they stand distant among themselves. Quant' testes? ^How many witnesses? Quantum damnifioatus. How much injured (or dam- aged). Quantum homo debet domino ex homagio, tantum illi debet dominus ex dominio (prseter solam reverentiam).' As much as a man owes to the lord by homage, so much the lord owes him, from (his) seignorship (fealty only ex- cepted). Quantum inde Eegi dare valeat per annum, salva susten- tatione sua et uxoris, et liberorum suorum. How much from thence he be able to pay the King annually, having besides a maintenance for himself, his wife and children. Quantum meruit pro rata. — :-As much as he deserved for the proportion. Quantum valebat. As much as it was worth. 27 418 LAW aiiOSSAET. Qua placitum, &c., materiaque in eodum contenta, mirnw Bufficiens in lege existet, &c. ; unde pro defectu sufficientia placiti, &c., petit judicium. By whicli the plea, &c., and the matter therein contained, are not sufficient in law, &o. ; ■wherefore, on account of the want of a sufficient plea, &o., he prays judgment, QuARE clausum et domum fregit? Wherefore (or why) did. he .break the close and house ? Quake, clausum fregit ? ^Wherefore (or why) did he break the. close ? QuAEE clausum fregit et blada asportayit ? Where- fore (or why) did he break (or enter) the field, and carry away the herbage ? QuAEE clausum suum fregit, et centum cuniculos suos tunc et ibidem inventos venatus fuit, occidit, cepit) et asportavit ?— — Wherefore (or why) did he break his close, and hunt, kill, and carry away one hundred of his rabbits, then and there found ? QuARE clausum quserentis fregit ? Wherefore (or why) did he break the plaintiff's close ? QuABE domum fregit ? Wherefore (or why) did he break the house ? QuAEE domum ipsius A. apud TF. (in qua idem A. qui- dam H. Scotum, per ipsum A. in guerra captam tanquam captivum suum, quousque sibi de centum libris, per quas idem H. redemptionem suam cum praafato A. pro vita sua salvanda fecerat satisfactum foret detinere), fregit, et ipsum H. cepit, et abduxit, vel quo voluit abire permissit, &c. ? Wherefore (or why) did he break the house of him A. at W. (in which the said A. kept H. , a certain Scotch- man, whom A. had taken as his prisoner of war, until one hundred pounds should be paid him by the said H., in redemption to the said A. for saving his life), and he took the said jKand led him away, or permitted him to depart where he pleased? Vide note, QuAEE ducentos cuniculos suos pretii cepit, &c.? LAW GLOSSARY. 419 Wiierefore (or vrlaj) did he take two hundred rabbits of hia, of the value, &c. ? QuABE ejecit infra terminum ? Wherefore (or why) did he eject within the term ? QuARE impedit ? " Wherefore (or why) did he hin- der, or disturb?" The name of a writ, which lies for many purposes. QxiARE impedit infra semestre ? Wherefore (or why) did he disturb within half a year ? QuARE incumbravit? Wherefore (or why) has he incumbered ? QuARE non admisit ? ^Why does he not admit ? QuARENTENA. Quarantine : also a furlong, or forty perches. QuABE obstruxit ? Why has he obstructed ? QuARE vi et armis ? Wherefore (or why) with force and arms ? QuARE vi et armis clausum ipsus A. apud B. fregit, et blada ipsius A. ad valentiam centum solidorum ibidem nuper crescentia, cum quibusdam averiis depastus fuit, conculcavit, et consumpsit, &c. ? Wherefore (or why) with force and arms did he break into the close of the said A. at B., and with certain cattle which he depastured, trod down and consumed the grass (or herbage) of the said A. lately growing there, to the value of one hundred shil- lings, &c. ? QuARTALis. A quart. Quarto die post. On the fourth day afterwards. Quasi agnum committere lupo ad devorandum. " Like putting the lamb with J;he wolf to be devoured." When a wardship was given to the heir of the infant, which was formerly the case, this expression was used to mark the impropriety of the custom; and the ancient Eomans entertained the same opinion. Vide Hor. Sat. ii. 5 ; Juv. Sat. vi. 88. Quasi contractus. As though by way of agreement. 420 L.AW GBOSSAEsy. Qp^I deagnata^^psrsona. ^As if tbe person had b©^ (specially) described. Quasi ex>, contractu. lu nature of a , contract. Quasi ex delicto. As an offence or crime. Quasi inchoati*in.-—-^As though it were already, begun, (or imperfect.) Quasi in custodia legis. ^As though (he wCTe) in the custody of the law. QuATENUS sine prejudicio. indulgenter fieri potest. ^ That it; ought so far to be done graciously and without prejudice. QuATUOB.pedibus. "On all fours;" i. e., perfectly agreeing, tog&ther: frequently used: when a case quoted meets the vqij point in argument. Que estate. ^Whose (or which) ^ate. QUELQUE chose que vous demanded auxlois-SlwiaOT^, elles vous en fournissent la response. ^Whatever thing you seek after in Xhs^BomanlmSi they, will furnish you with an answer. QtJEMADJilonUM theatrum, cum commune sit, rect^ tamen dici potest, ejus esse cum locum quern quisque occupavit. — — ^Like a theatre, which, although it -is public, still it may be correctly said that the place which each person has oc- cupied ;is his own. QUEH magis utilem de^uobusintellexerit. ^Whomhe. may have considered the more useful of the two. Que peut achetur ou vendre.: Who may either buy or sell. QuEEENS. A plaintiff QuEEULA inofficiosi testamenti.— - — These words mean a complaint against a testamentary disposition which dis' inherited the heirs.- Vide note to '^Inoffidosum testam&n-' ium" QuERULATUs autem postea tenetur respondere, et habebit, licentiam consulendi, si requirat; habito autem consilio, debet factum negare quo aecusatua.egt. For the plain- LAW GLOSSARY. if21 tiff '5s often TDOitnd to Teply, and he shall have an inipaT> lance, if hBreqitest it ; but having obtained time to plead, he should deny the fact^yith which he is accused. QuESTUS est nobis. -Hath complained' to us. 'Quia caret forma. ^Beciause it is defective in form. Quia delegatus non potest delegare. -Because one who is elected (a deputy) cannot depute. Quia dominus remisit curiam.-^ ^Because the lord hath adjourned the court. Quia dom' rem' cur'. Vide last extract. Quia duplex est, et caret forma. "Because it is double (or ambiguous) and informal." Often formerly applied to a plea filed for delay. Quia emptores terrarum. " Because the purchasers of lands." An ancient statute so called. Quia emptores terrarum de feofiatoribus et haeredibus suis, et non de capitalibus dominis feodorum. Because the purchasers of lands (who bought) from feoffors and their heirs, and not from the chi6f lords of the fee. Quia eronice emanavit Because it issued erro- neously. Quia fortis est legis operatio. Because the operation of the law is powerful. Quia id commune est, nostrum esse dicitur. ^Because that which is common (to all), is said to be our own. -Quia impedit? "Why-does he disturb (or impede) ?" The name of a writ which lies for the patron of a living against the person who has disturbed his right of presenta- tion. Quia improvide emanavit. ^Because it issued impru- dently. Quia interest reipubliese, ut sit finis Htium. ^Because it concerns the republic that there should be an end of litigation. Quia juris civiUs studiosos decet haud imperitos esse juris mimieipalis; et differentias exteri, patriique, juris 422 LAW GLOSSARY. notas habere. Because it is indecorous that the students of the civil law should be unskiKul in the municipal law ; and they should also understand the difference between foreign laws and those of their own country. Qui alienum fundum ingreditur, potest, k domino, si is prseviderit, prohiberi ne ingrediatur. He who is enter- ing upon another's estate, may be prohibited by the owner, if he has foreseen his purpose. Qui alienum fundum ingreditur, venandi, aut aucupandi gratia), potest k domino prohiberi ne ingrediatur. He who is entering upon another's estate for the purpose of hunting or fowling, may be prevented by the owner. Quia non refert an quia intentionem suam declaret ver- bis, an rebus, vel factis. 'Because it is immaterial whether he shows his intention by language, things oi deeds. Quia non sua culpa, sed parentum, id commisisse cog- noscitur. Because it is known that she did it not by her own fault, but that of her parents. Quia particeps criminis. ^Because he is a partaker of the crime. Quia placitum, &c., materiaque in eodum oontenta, mi- nus sufficiens in lege existet, &c. : unde pro defectu suf&ci- entis placitse, &c., petit judicium, &c. ^Because the plea, &c., and the matter therein contained, are insufficient in law, &c., and therefore, for want of a sufficient plea, &o., he prays judgment, &c. Quia quicunque aliquid statuerit, parte inaudita alterS, sequum licet statuerit, hand sequus fuerit. Because who- ever shall adjudge a case, either of the parties being un- heard, although he may determine correctly, yet he is by no means an impartial judge. Quia res cum onere transit ad quemcunque, &c. ^Be- cause the estate with its charge passes to whomsoever, &c. Qui arma gerit. ^Who bears (a coat) of arms. Quia toUit atque eximit causam 6 curia Baronum. • LAW GL0S3ART. 423 Because it removes and discharges the action from tho Barons' court. Qui bene interrogat, bene docet. He who interrogates well, teaches well. QuiBUS scriptis plenam fidem adhiberi volumus. To which writings we are willing to give full credit. QuiBUS lectis et auditis. "Which being read and heard. QuiBUS major reverentia et secuxitas debeter, ut templa, et judicia, quas sanctse habebuntur ; arces et aula Kegis ; de- nique, locus quilibit praesente, aut adventante Eege. As temples and courts of justice are places in which the greatest reverence and security should be observed, are ac- counted sacred ; so are the palaces and courts of the King ; lastly, every place in which the King is present, or to which he is coming. Qui cadere possit in virum constantem, non timidum et meticulosum. ^Which (fear) might fall on a resolute man ; not on one who is timid and cowardly. Qui contra formam humani generis converse more pro- creatUT, ut si mulier monstrosum vel prodigiosum enixa sit, inter liberos non computenter. Partus tamen, cui na- tura aliquantulum addiderit, vel diminuerit ; ut si sex, vel tantum quatuor digitos habuerit, bene debet inter liberos connumeratus ; et si membra sint inutQia aut tortuosa, non tamen est partus monstrosus. An offspring procreated in an unnatural manner, different in shape from the human race ; as if a woman produce a monstrous or unnatural (creature), it is not reckoned as one of the children. But a child to whom nature has added a little, or deprived of something (natural) ; as if it has six, or only four fingers, it is certainly accounted as one of the children ; and, al- though the limbs are useless, or crooked, yet the offspring is not unnatural. QuiCQUiD autem ceperis, eousque tuum esse intelligitur, donee tua custodia coercetur ; cum vero tuam evaserit cus- ■^4 XA/W QhOSSiABY. -todiam, etin libertatem naturalemesse.reeiperit, tuum esse desinet, et rursus occnpantis fit. But wliatsoever you .capture is consequently understood to be yours, wlaile it is retained in your possession ; but when it shall hare es- caped from thence, and regained its natural liberty, it ceases to be yours, and again becomes the property of the (next) captor. QuiCQUiD per serv'um acquiritur id domino acquintur. M t Whatever is obtained by the slave belongs to .i;he lord (or master). Vide note. QuiCQUiD solvitur, solyetur secundum modum solventis. ■ ^Whatever is paid, let it be discharged agreeably 4o the (general) mode of payment. Qui cum alitertueri se non possunt, damni culpam dede- rint, inoxii simt. They are guUtless of homicide, who cannot otherwise defend themselves. QuicUNQUE hospiti venienti lectum aut focum negaverit, Irium solidorum in latione. — r-Whoever shall deny a traveller a bed or a fire, shall be fined three shillings. Yi^e ;,note to "iSi gwis homini." " Quid adhuc desideramus testimonium? Heus est mor- tis." " Why should we desire further ^evidence ? He .deserves to die." These were the .GhaEcellor's words on the trial of Sir Shomas More. QniDSAM honorarium. ^A certain honorary fee. Quid emptionem, venditionemque recipit, etiam pignara- tionem recipere potest. Whatever a person has bought ;or sold, that he may also take by way :of a pledge. Qui de neoe virorum illustriam, qui consiliis et consis- torio nostro intersunt, senatorum etiam, (nam et ipsi pars corporis nostri sunt,) vel cujuslibet prostremo qui militat nobiscum, cogitaverit ; (eadem enim severitate voluntatem , Bceleris, qua effectum, puniri jura yoluerint), ipse qviidem, ut pote majestatis reus, gladio seriatur, bonis ejus omnibus .fisco nostro addictis.- — He who shall have devised the -death of the illustrious men, who are present at our coun- LAW GliOSSART. 425 ■eils and assembly, also of our senators (for they are part of ourself ), or lastly, of any otter person who fights for us, (for the laws will punish with the same severity the disposition to crime, as if it were committed ;) the same person shall be devoted to the sword as guilty of 'high treason, and aU his goods confiscated to our treasury. Quid enim sanctius, quod omni religione munitius, quam domus uniuscujusque civium ? For what is more sacred, more defended by every religious obligation, than the house of each of the citizens ? Qui destruit medium, destruitfinem. He who desteoys the means, destroys the end. Quid juris clamat. "Which he claims of right." The name of an ancient form of action. QuiDQUlD multis pecatur inultum ^. " The crime which is committed by the multitude (or mob) must pass with impunity." In every government it is sometimes politic, if criminals are very numerous, to grant a pardon. Qui]} si in ejusmodi cera centum sigUla hoc annulo im- pressero ? " Suppose I shall have put on this kind of wax one hundred impressions with my ring?" It was cus- tomary antaently to «eal with impressions set • in riiigs. There are many grants now extant devoid of any subscrip- tion by the grantors. Yide note. Quid sit in miserioordiai That he be in mercy. Quid tibi fieri non vis, alteri ne feceris. ^Do not to another what you would not wish he should do to your- self. QuiETA non movere. Not to disturb things at rest (or decided cases). "QuiETi Eeditus. " Quit Eents ;" payable out of lands, genera;lly to the superior lord of the fee, where the tenant goes free of all other services. QuiETUM clamavi, remisi, relaxavi, &Ci "I have quitted claim, remised, released," &c. These were words used formerly in deeds of releases of lands. 426 LAW GLOSSAET. Quietus, recipit; et quserens est in misericordia pro falso clamore,'^ Being satisfied, lie obtains (an acquittal ;) and the plaintiff is in mercy for his unjust complaint — ^i. e. lie is liable to fine or imprisonment, &c. Qui ex damnato coitu nascuntur, inter liberos non com- putantur. ^Those who are born from an illicit connec- tion, are not reckoned among the children. Qui facit per alium, faoit per se. ^He who acts for another, does it himself. Qui guadet lucidis intervaUis. ^Who is happy in his lucid intervals. Qui hseret in litera, hssret in cortice. Commonly translated, "He who sticks to the letter, sticks to the bark ;" but it implies more properly one who stops or goes no further than the letter of an instrument, to the neglect of its intention or meaning. Qui illi de temporalibus ; episcopo de spiritualibus de- beat respondere. "Who ought to answer to him in tem- poral, and to the Bishop in spiritual concerns. Qui improbe coeunt in alienam litem ut quicquid ex con- demnatione in rem ipsius redactum fuerit inter eos com- municaretur, lege Julia, de vi privata tenentur. Those who dishonestly join in another's suit, that whatsoever be obtained from the judgment should be divided between them, such agreements are considered by the Julian law of no effect. Vide note to " Campi Partitio." Qui inquisitionem petit de vita vel membris. ^Who seeks (or holds) an inquest of life or limb. Qui in utero sunt, in jure civili intelliguntur in rerum natura esse cum de eorum commodo agatur. In the na- ture of things, those who are in the womb are understood, by the civil law, to be in existence when a thing is done for their benefit. Qui ire poterant quo valebant. ^Who may have pow- er to go where they please. Qui jussu judicis aliquod fecerit, non videtur dolo malo LAW GLOSSARY. 427 fecisseitiuia parere necesse est. He wlio sliall have per- formed anything, by order of a Judge, does not appear to have acted with any bad intention, as it was necessary to obey (his order). QuiLiBET homo dignus veuatione sua in sylva et in agris sibi propriis, et in dominio suo. — ^-Every man has a right to hunt in his own wood and fields, and in his own de- mesne. QuiLiBET totum tenet et nihil tenet ; scilicet, totum in communi, et nihil separatim per se. Every one holds all, and holds nothing ; viz., he holds all in common, and no- thing by himself, separately. " QuiNETiAM lex Poenaque lata, malo quae noUet carmine quenquam Describi. Vertere modum formidine fustis." " Moreover, it is an extensive law and punishment which will not permit, a person to be described in doggerel verse. To change the style for fear of a club." Horace here wittily alludes to the JRoman law for the punishment of libel. QuiNDEKA. The fifteenth day after a festival. Qui nolunt inter se contendere, solent per meutium rem emere in commune ; quod a societate . longum remotum. Those who have not desired to manage business for themselves, are accustomed mutually to purchase a thing in common ; which is very difierent from a copartnership. Qui non habet in crumena, luat in corpore. He who has nothing in his purse, must suffer in his person. QuiNQUE portus. The Cinque Ports. QuiNTO exactus. The fifth exaction. Qui p^ncipi placuit, legis habet rigorem. He who has pleased the Emperor, has the power of the law. Qui prior est tempore, potior est jure. He who is first in (point of) time, is the stronger in the law. Qui pro Domiiio Kege quam pro se ipso sequitur. Who sues as well for the Eang, as for himself. Qui scit se decipi, non decipiatur. " He who knows 428 LAW GLOSSARY. he is deceived, is not deceived." A remark 'frequently made where a person purchases an article knowing its Qui sentit commodum, sentire debet et onus.— — He ought to bear the burden who would derive the advantage. Qui sequituT tam pro pauperibus, quam pro se ipso. Who sues as well for the poor, as for himself. QuiSQUis potest renunciare juri suo per se introducto? Who can protest against his own law brought in by himself? Qui statuit aliquid, parte inauditS, altera, sequum licet statuerit, baud sequus fuit.' 'He who has decided any matter without having heard both sides of the question, although he shall have determined impartially, it was unfair. "Qui tacet consentire videtur. " He who is silent appears to consent:" or, as the old adage observes, "Silence gives consent." Qui tam pro domino Eege, quam pro se ipso in hac parte sequitur. " Who sues as well for the King, as for himself in this matter." This is an extract from an ancient declaration, where an informer sued for a penalty, part of which would belong to the King, and part to the plaintiff. Qui tolht atque eximit causam 4 curia Baronum. Because it removes and discharges the cause from the Barons' Court. Qui vi rapuit, fur improbior esse videtur. He who robs by violence, appears to be the greater thief Q'uN un'q' prist meason des enemies quel avoit prise devan-t d'un' Englishe, que il averoit come ceo chbse gaigne en batel, &o. Et nemy le Eoy nel' Admiral, ne le partie a qui le propertie fuit devant, &c., pur ceo q' le partie ne vient freshment, mesme ie jour q' il fuit prise de luy, et ante occasum solis, et claime eeo. Spoil which any one takes from the enemy, and which had before been taken from the English, let him have as anything gainer^ in battle, LAW GLOBSA*BT. 429 &c. And neither the King, nor the Admiral, nor the gartj to whom the property before belonged^ nor he who jtossessedit on the very day that it was taken jQrom him, and before sunset, may lay claim to it. Quoad hoc casus omissus, As to this, it is an omit- ted case. Quoad seriptionem et.coUeotionem libellorum in indicta- mento nominat' tantum, quod defendens est culpabUis ; et quoad totum, residuum in eodem indictamento content' quod defendena non est inde culpabilis. That as respects the writing and collecting the libels named in the indict- ment, the defendant is guilty ; but as to the entire residue contained in the same indictment,- the defendant is not guilty. Quoad vinculum. ^Whilst the bond (continued.) Quo animo? With what intent? QuocuNQUE modo volit ; quocunque modo possit. ■ la what manner he would ; in what manner he could. Quod ab aedibus non facile revellitur. "Which cannot be easily torn from the house. Quod ab initio non valet, tractu temporis convalescere non potest. ^That which had no force in the beginning, cannot acquire strength by the lapse of time. Quod ab initio vitiosum est, tractu temporis non conva- lescit. What is illegal in the beginning, will obtain no validity by the length of its duration. Quod accedas ad curiam. That you go to the court. Quod actionem ulterius maintineri non debet, That he ought not further to maintain the suit. Quod adest consulitd. Consult the present good. Quod ad hostes attinet, cum iis omne cessare solet com- mercium, neo fieri profecto potest : at cum illis negotiemur quibusi cum bellum gerimus ; quum nee illis ad nos, nee nobis ad illos, tutus accesus sit, et personis captivitas, rebua publicis imminet, si in hostes deprehendantur. What belongs to the enemy, when all commerce with them has 480 LAW OLOSSABT. ceased, nor can witli certainty be renewed : and wlien ire negotiate with those with whom we are at war; since there is no safe access from them to us, nor from us to them, and their persons and property are in danger of being captured, if they be discovered with the enemy. Quod adhuc detinet. ^Which he yet detains. Quod adhuc remittitur. ^Which he remits up to this time. Quod ad warrenam pertinet. " Which belongs to a warren." A warren (or, as it is more commonly called, a free warren) is a right of sporting over other persons' lands ; but very few if any such warrens are supposed to be now in existence. Vide Black. Com. Quod a gleba amoveri non poterint, quamdiu solvere possunt debitas et pensiones. That they cannot be re- moved from the land, so long as they are able to pay their debts and fees (or duties)." Quod A. injuste levavit tale nocumentum. That A. unjustly made such a nuisance. Quod alias bonum et justum est, si per vim, aut fraudem, petatur, malum et injustum est. What otherwise is fair and honest, if sought for by violence or fraud, it then be- becomes wicked and illegal. Quod ante exhibitionem informationis, scilicet, termino Sancti Michaelis. That prior to presenting (or perhaps filing) the information to wit, in Michaelmas term. Quod breve cassetur. That the writ be quashed. Quod caperet I. 0. ad satisfaciendum. That he should take I. G. to make satisfaction. Quod capiatur. That he be taken. Quod cepit corpus prsedicti /. S. cujus corpus A. B. (ballivus) coram justiciariis domini regis, ad diem et locum infra contentum paratum habebit. That he took the body of the said /. t% which A. B. (the bailiff) will have ready before the King's justices, at the day and place within contained. LAW GLOSSAHY. 431 Quod cepit damas suas ad valentiam tantum, &c. . That lie took his deer to the value of so much, &c. Quod cepit et asportavit. ^Which he took and carried away. Quod certa res in judicium possit deduci. That a cer- tain affair may be brought under consideration (or judg- ment). Quod clerici scribunt judicia correcte. That the clerks transcribe the judgments correctly. Vide note. Quod cognitio causae captionis et detentionis prsedicti Jo- hannis Paty non pertinet ad curiam dictse dominse reginse coram ipsa regina, ideo idem Johannis remittitur. Be- cause the question as to the cause of the caption and deten- tion of the said John Paty, does not belong to the court of our said Lady, the Queen, before the Queen herself, there- fore the said John is discharged. Quod computet. That he account. Quod constat curiae, opere testium non indiget. ^What appears to the court, needs not the aid of witnesses. Quod conditio indebiti non datur ultra quam locupletior factus est qui accepit. That the situation of the debtor is in no wise different, except that it has made the person richer, who has received it ; (meaning the receipt of the article for which he stands indebted.) Quod convictus est, et forisfaciat. That he is con- victed, and outlawed. Quod corpus prsedicti A., si Laicus sit, capias, et in pri- sona nostra salvo custodiri facias quosque de prsedicto de- bito satisfecerit. " That you take the body of the said A., if he be layman, and him in our prison safely keep, until he satisfy the said debt." Words used in a writ sued out upon a forfeited recognizance. Quod corrupte aggreatum fuit. Which was corruptly agreed. QtroD cum defendens apud London, &c., per scriptum, &c., concessit se teneri. That whereas the defendant, at 432 LAW GLOSSAET. London, &c., by (his) writrng, &c., acknowledged himself to be bound. Quod cum per consuetudinem totius regni AngUee-j hac- tenus usitatam et approbatam, uxores debent, et solenlij a tempore, &o.,, habere suam rationabilem partem bonorum maiitorum suorum ; itar videlicet, ,quod si nullos habuerint Hberos, tunc mediatatem, et si habuerint, tunc tertiam par- tern, &c. That whereas by the custom of the whole iiingdiOToo. oi England, hitherto used and approved, wives ought, and are accustomed from time, &o., to possess a rea- sonable part of their husbands' effects; . in this manner, that if they have iio children, they take half 5 and if they have children, then a third part. Quod cur' concessit- ^Which the court agreed ta QnoDcustos sustenet parcos, vivaria, &c.— — =That the keeper preserve the parks, fish-ponds, && Quod de csetero liceat unicuique libero homini terras suas, seu tenementa seu partem, inde ad voluntatem suam vendere; ita tamen quod Peoffatus teneat. terram seu ten- ementum iUud de capitali domino feodi ilHusj ferendum servitia et consuetudines per quaa FeofiEator suus iUa prius de eo tenuit. Que estate ftdt fait (as saith one) pur I'ad- vantage d'Seigneur. That from henceforth it be lawful for every freeman to sell his lands or tenements^ or part thereof, in what way he please ; so that the Feoffee hold the same of the chief lord of the fee, to perform the ser- vices and customs by which, his Feoffor held the same of him (the lord) prior to that- time : which tenure was made (says one) for the advantage of the chief lord (of the fee). Quod defendat se duodecima manu. That he defend himself by. twelve compurgators; Vide note to " CompuT' gatores." Quod defendens capiatur pro fine. That the defend- ant be arrested for a fine. Quod defendens eat sine die. That the defendant be discharged iiAw aLossABT. 433 Quod defeadens git in piisgricordia, &<5. " That tlie defeadaat |)e iu mercy," &c., i. e. subject to finjs, imprjson- xasnt, &e. Quod de quo, vel de quibus, tenew«iita prsedicta tenen- txir, juratores prsedieti ignorant. Because tiie jurors know not from, or by -whom tlie said tenements axe held. Quod detinuit. Whieli ke (or she) detains. Quod distriVTjtio rerum qnse in testamento relinquntur, autiOTitate ecolesiae fiet That the distribution of the ef- fects which axe left in a will be made by the authority of the church. Quod dolosus ver^atur in generalibJM. That a deceit- ful person is skilled in general matters. Quod dotat earn de tali manerio cum pertinentiis, &o. That he /ewdow her of such a manor with the appur- tenances, &o. QuoDDUM scriptum Anglice.'- — -A certain writing jn JEnglish. Quod durum videbatur circumstantibus.-^^Which ap- peared severe to the bystanders. QuQD eat consultatio. That the consultation should proceed. Quod ei deforeeat. These words, joined with some others, mean that he restore the possession "whi<^ he hats unjustly takm." Quod eligitis et juratis majorem, &c., secundum auetori tatem vestram.-^ — That you elect and swear the mayor, &c., iagreeably to your authority. Quod elegit sibi exeeutionem fieri de omnibus catallis et medietate terrse.^ That he chose to h,aye execution of all the ehaittels, and a moiety of the land. Quod enim jus habet fiscus in abena calamitate, ut de re tam luctosa compendium sectetur ? ^For what right has the treasury, in another person's adversity, to derive ad- vantage from such a distressing occurrence ? 28 434 LAW GLOSSAET. QtTOD enim si quod fuit in agro pretiosissinram, hoc evictum est, aut quod fuit in agro vUiocissimum sestimabile loci qualitas, et sic est ingressus. Therefore if any very valuable thing, or even of no value at all, was in the field, this is proved, and (thus) its quality and the entry to the same may be ascertained. Quod Episcopus vel Archdiaconus placita in hundredo non teneat. That neither the Bishop nor the Arch- deacon may hold pleas in the Hundred (Court). Quod est inconveniens et contra rationem, non est per- missum in lege. That which is incongruous and contrary to reason is not allowed in the law. Quod faciat tenementum. That he should raise up (or build) the edifice. Quod faciat tenementum reseisiri de cataUis. That he cause the tenement to be dispossessed of the goods. Quod fato contingit, cuivis diligentissimo possit contin- gere. That which is accidental may happen to the most careful person. Quod fato contingit, et cuivis paterfamilise, quamvis dUi- gentissimo, possit contingere. That which occurs by accident, and may happen to any father of a family, how- ever careful he may be. Quod fieri faciat de bonis. That he cause to be made of the goods. Quod fieri non debet, factum valet. ^Which ought not to be done, yet being done, is efficacious. Quod firmarius non erit onerabUis et taxabUis ad ratas pauperum pro peculiis ; et quod artifex est onerabilis et taxabilis pro peculiis in arte. That a fermer shall not be chargeable and taxable to the poor's rates for his stock ; but that the artificer (or tradesman) be chargeable and tax- able for his stock in trade. Quod fuit concessum. Which was agreed. Quod fuit concessum per cur'. Which the court con- Bented to. LAW GLOSSARY. 436 Quod fiiit concessum per plusieiirs. Which was agreed to by many persons. (iuoD fuit negatum. WHcli was denied. Quod habeant et teneant se semper in armis el equis, ut decet et oportet; et quod semper sint prompti et parati ad servitium suum integrum nobis explendum et peragendum, cum opus adfuerit, secundum quod debent de feodis, et tenementis suis, de jure nobis faoere. That they keep and continue themselves always (equipped) with arms and horses, as it becomes and belongs to them ; and that they be always ready to fulfil and perform to us their entire service, whenever occasion requires, according as they ought by law to do for us on account of their fees and tenures. Vide note. Quod habeat executionem. That he may have ex- ecution. Quod habetur tale recordum. That such a record may be had. Quod ibi semper debet triatio, ubi juratores meliorem possunt habere notitiam. That there should always be a (new) trial, where the jury may obtain a better knowl- edge (of the facts). Quod impedit decies tantum. That he disturbed ten times only. Quod in disjunctivis suf&cit alteram partem esse veram. Which being in the disjunctive, it is (still) sufficient (if) the other part be true. Quod initio non valet, tractu temporis non convalescet. That which is unlawful in the beginning will acquire no validity by the lapse of time. Quod in majore non valet, nee valet in minore. That which does not avail in the greater, does not in the less. Quod ipse, et hseredes sui, habeant liberam warrenam m omnibus dominicis sui in N. in Com' B. dum tamen faerae illae non sint infra metas forrestse nostrse, ita quod nullua 436 LAW G109SAET. intret terras illas ad fugandam in eis, vel aliquod capiend* quod ad wairenam pertinet. T^hat he and Hs heirs hare free warren in all his demesnes in iVi in the caanty of B. only while those wild animals are not within the bounds of our forest ; so that h« enter not into any of those lands to hunt over them, or taike anything winch belongs to^free) warren. Quod ipsi, omnesque homines gusdem facultatis, That these and all other persons of the like professi maaus domini r^is amoveantur, et possessio resti- tuatur petenti, salvo jure domini regis. That the King's hands may be riemoved, and the possession restored to the petitioner, saving the King's right. Quod moderate castigavit. — —That he moderately chas- tised. Quod naturalis ratio inter omnes homines constituit, vo- catur jus geutium- Thed natural reason which is estab- lished among all men, is called the law of nations. Quod nemo'allegans suam turpitudinem audiendus.- That no persom, admitting his own depravity, should be (allowed to be) heaxd. Quod nemo ejusdem tenementi simul potest haeres, et dominus. That no one can be the heir and lord of such tenement at the same time. Quod nil capiat per breve.-T — That he taike nothing by the writ. Quod nocumentum snnoveatin?. That the nuisance may be abated. " QuoB nolunt le^es An^lvz mutare, quae hue ueitataa sunt et approbatae." " Because they are unwilling to change the laws of Encfland, which hitherto have been used and approved." The language of the ancient EngUsh Barons. Quo!D non apparet, non est. " That which does not appear, has no existence;" L e. facts which do not appear in evidence ought not to be taken into consideration. Quod non corrupte aggreatum fuit. Which was not corruptly agreed upon. Quod non est &etum suum. ^Which is not his deed. Quod non estjostum aliquem post mortem foisse bastaxd- 438 LAW GLOSSARY. um. — —That it is not right that any one after death (be deemed) to have been illegitimate. Quod non fuerunt , debito modo electi. That they were not elected in a legal manner. Quod non fuit electus. That he was not chosen. Quod non habuit. Which he has not held (or occu- pied). Quod non habuit nee tenuit firmam contra formam sta- tuti. That he has not held or occupied the estate against the form of the statute. Quod non omittas propter, &c. That you do not omjt on account of, &c. Quod non omitteret propter libertatem talem, quia, &o. That he should not omit by reason of such liberty (or privilege), because, &c. Quod non solvit secundum formam et effectum condi- tionis. ^Which he has not paid according to the manner and effect of the condition. Quod nullius est, id ratione naturali occupanti conoedi- tur. What is the property of no one, that, by natural reason, belongs to the occupier. , Quod nullius est fit occupantis. That which is no one's property, belongs to the person who has possession of it. Quod nullus episcopus vel infra impositus die Dominico causas -adjudicare prsesumat. That no bishop or any under him presume to adjudge causes on the Lord's day. Vide note to "Dies Dominiciis" (Ice. Quod nullus justiciarius vel minister regis insulam illam ingredi potest ad aliquam jurat', extra, &c. That no justice or minister of the King can enter the island to make oath to anything, besides, &c. Quod obstruxit, et obstipavit. That he obstructed, and hindered. Quod officiarius et assistentes sui, &o., consueverunt cafpere ex quolibet modio grani, per aliquam personam, in LAW GLOSSARY. burgo prsedicto venditi, vel vendendi induct' vicessimam partem cujus libet modii. That tlie officer and his assistants, &c., have been accustomed, by some person, to take from every measure of grain sold, or brought to be sold, in the said borough, the twentieth part thereof. Quod omnes justiciarii concesserant quad hoc. That, as to this, all the Judges had agreed. Quod ordinarii, hujusmodi bona nomine ecclesise occu- pantes, nullam (vel saltem) indebitam faciunt distribu- tionem. That the ordinaries, taking possession of effects of this kind, in name of the church, do not make any (or at least) due distribution. Vide note. Quod partes finis nihil habuerint, et de hoc ppnit se super patriam, &c. That the parties to the fine had no interest (in the land), and of this he puts himself upon the country, &c. Quod partes replacitent. That the parties replead. Quod partitio fiat. That a division be made. Quod partitio sit firma et stabHis. That the division may be firm and sure. Quod permittat habere rationabiles divisas.' That he permit (him or her) to possess reasonable shares. Quod permittat prosternare. That he give leave to demolish. Quod placita de catallis, debitis, &c., quse summam quadraginta solidorum attingunt, vel eam excedunt, secun- dum legem et consuetudinem Anglwe, sine brevi regis placitari non debent. That pleas of goods, debts, &c., which amount to forty shillings, or more, according to the law and custom of England, ought not to be sued for with- out the King's writ. Quod pcenam imprisonamenti subire non potest. That he cannot undergo the punishment of confinement. Quod populus postremum jussit, id jus ratum esto. Let that be considered the law which the people last de- creed. Qtiol> praedief « iiietse pgAel&tes thiami Ee^s tevoceaj- tur, adauHentur, et vacuae et invalidise pro null© peaJtUfl liabeantur et te^'eanter ; ac etiam qnod r&tttlameatiHa- eorusi- dem catt-cellettir, cassetur et adnihiletur. — ^That ttie saM letters pateat of the King be revoked, made f oid, invaJi- dated and of no e:ifect, aM be held and thoroughly accounted of no utility; and that the same rott be caaa- celkd, avoided and destroyed. QtroD pjffid' quer' solvent prsed' def prsed' £300.—— That the said plaintiff shall pay the said defendant the said £300. Quod pregnantis mulieris damaatae poena diffeiattu^ quoad paria;t. That the punishment of a condeauied pregnant woman be deferred until she be deliveried. QWOD principi placuit legis habetvigorem, euiai populus ei, et in eum, omne suum imperium et potestatem coaferat. — —That which has received the llmperor's consent pos- sesses the force of law, because the people' yield up to- and for Mm, all authority and power. Quod publica sunt omnia fluvia et portus ; ideoque jus piscandi omnibus- commune est in pbr^i^ et in: flumnsibus. Eiparum etiam nusus publicus jure gentium, sicut ipsius flutainis.. That all rivers and ports are public ; there- fore the right of fishing in ports and in rivers is common ta &E. Sof, also, by the law of nations, the public use of streams is similar to that of the riVer. Quod quserens action' non. That the pMtrfiff has no (cause of) action. Qtfol) quaerens nil- capiat per billa3li.-'=^=^Thffit the pMn- tiff take nothing by his bill. Quod quandoque majus, quandoque minus cassetur. That when the principal (is extinct) the accessory also ceases. Quoi) reeapiat onineg priSonar' qui fecerunt escap' a prison' Mar', et nbn legitime exonerenter a prisona praed', et ducat eos in prisonam praedict'. That he retake all j^Aoners -wlio h&ve escaped from the prison of the Mar- Bhalsea, and who could not be legally discharged from the said prison^ and conduct them into the prisoa aforesaid. Quod recuperet debitum cum damnis. That he re- cover his debt with da/mages (or costs). Quod recuperet dotem suam. That she recover her dower. Q0OD recuperet terminmm' suum. That he recover his term. QtroD redeat inde quietus in perpetuum ; et quserens in misericordia. " That he depart thence forever dis- charged ; and the plaintiff be in mercy," L e. sUibject to fine, imprisonment, &c. QtroD relatur ad personam, intelligi dfebet de conditione personsff.— '-— That which relates to a, peison^ should b© un- derstood of his ranifc (or condition). QtJOD re^adeat ouster. That he answer over (ot itgain). QcroD E. iS. dedit J. B. et M. uxori ejus^ et hseredibus de corpore ipsius M. proeederent, &c. — —Which M. S. gave to J. B., and M. his wife, and the heirs of the body of the same JK Qttod sibi erit fidelis, ad ultimum diem vitae, contra om- nem hominem (ex^pto rege) et quod credentiam sibi com- misSum non manifestabit. That he shall be faithful to Mm to the last day of his life, against evety aaai, (the King excepted,) and that he shall not divulge the trust (or confi- dence^ committed to his charge. Quod sit in miserieordia. " That he be in mercy," i. e. subject to fine, imprisonment, &c. Quod stet prohibitio. — —That the prohibition may Quo© talem eligi faciat, qxd melius et sciat et velit, et piftssit, ol&cio iQo intendere.- — That he cause such a per- son to be elected, who more fully understanid^ and is wiQ- ing and able to perform that duty. 442 LAW GLOSSAEY. QtOD taliter processum fuit, &c. — -That tliere was sucli a process, &c. Quod tenementum faciat esse in pace. That he cause the tenement (or holding) to remain unmolested. Quod tenementum faciat reseisire decatallis. That he cause the tenement to be dispossessed of the goods. Quod tense et tenementa de tenura de Gavelkind de tem- pore, &c., inter haeredes 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 firom the Exchequer court. In this writ it is suggested that the plaintiff owes the E^ing a debt, by which fiction he is con- sidered capable of suing in the court of Mcchegmr, Yide " Scaccarium." LAW GLOSSARY. 443 Q0O minus sufficiens existit. Whereby he is the less able. QUONLA.M 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 gradua dempto stirpite. As many generations as there are counted, so many degrees are reckoned, taking them from the stock (or root). QuoTlES 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 th'e 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 ? QuousQUE 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 iUatum, defendit aut infert, magistratus qui ei bello prsesint deliguntur. When a 4M, LAW GLOSSABY. state defends or goes to war, tlie magietJates who preade over it are chosen to command. QuuK duae inter se tepugnantia repeiiantur in testa- mento, ultima ratae est. When there are two rep^gnan* (clauses} in a will, the last (clause) is established. [Sed. §u.] Qdtee. Quick: living. NOTES TO Q. QfabeupIiAtob.— ^he reward^ proposed by the Honum laws to the ixv- farmer, were sometimes a fourth part of the criminal's goods ; and some- times only an eighth part; as Spwrriheim assures us &om Suetonius said Tacitus. QtTAKDO HiSiEi, &!.-r-The investiture of possesion, during the middle ages, was generally, or perhaps invariably, peifcrmed upon the premises, by the delivery of a spear, bow, key, or some other thing, accompanied wit^ euch words, in the presence of witnessed particularly designating the mod» 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 liqjSmertti where the vendor directs every person to remove from the house or land sold, and delivers the purchaser a key, twig, or' tur^ whilst he remains on the premises sold ; and this mode of conveyamcing, has its pecuhac 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. Tide Snilti c. vL T. QuAEB Txyamt, las. — ^Whea wars between the barons were permitted to be carried on, with Uttle or no restraint, there is no doubt considerable sums of money were frequently obtained for the ransom of prisoners of war. Kothing 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: covetousnessl There is no custom in the middle ages more singular than that of privaie war. It was a right of so great importance, and prevailed so universally, that the regulations concerning it occupy a considerable place ia the system of legislation during the middle ages. Aniong the ancient Germans, as well as other nations m a similar state of soetety, the right of avenging ioj'uries was a, private a,nA personal right, exercised by force of arms, without any re- feience 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 raultipliei^ so theit family feuds and private Wars be" came more frequent. Proofs of this occur in their early historians, vide Greg. Taron. Mist. lib. viL c. 2. lib. viii. c. 18. lib. i. c. 2f ; 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, l^ the laws of the Angli and Weretii, " Ad qjiemeun^ fusftditar LAW GLOSSAST. 445 terra pervenerit, ad ilium veatia beUica, id eat, loHca 'el vMo prommi, et lolfUio iasi, debet pertinere." Yid« Leg. Limgdb, lib. ii. tit. 14, § 10. — i. e. " Such person to wham 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." Kone 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 hoth the eon- tending parties. Vide Beaumanoir Oouatumes de Seauv. c. Ixx. 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, Advocaii, or Vidames, were chosen by the several monas- teries and bishoprics. These were commonly men of high ranic and reputa- tion, who became the protectors of ehurdies and convents which they erected; espoused their quarrels, and fought their battles. Vide Brusael Usages Des JFiefe, torn. i. p. 144, and Du Cange, Vac " 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 tiiem into the field in person, at the head of their vassals, " flammqi,, Jerro, cade, peasesaionea Ecdeaiarum prekUi defendebani." Vide Giuido Abbaa, ap. J>u Oinge, ib. p. 1T9. — i. e. " The prelates of churches defended their possess- ipns with fire, sword, and slaughter." Jt was not «yery injury or trespass, that gave a gentleman a title to make war upon his adversaiy. Atrocious acts of violence^ insults and afironts publicly committed, were legal and permitted motives for taking arms against the authors of them. Such crimes as are now punished capitally in civilized nations, at that time justified private hostilities. Vide Beauman. c. lix. Du Cange Oisaert. xxix. but JbimiiUe, 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 frequeutiy the most unbounded avarice,) often gave rise to hostilities, and were terminated by the swOTd. Vide J)u Cange 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. Vide Beavman. p. 300. All the kindred of the two principals in the war were included in it, and were obUged to espouse the quarrel of the chieftain with whom they were connected. Vide Du Cange Dissert. 332. This was founded on the xnazimofthe ancient Germans, " swcipere tarn inimicitas, seupairia seitpro- pinqui gvxmi amicitiaa necesse e»<,"— .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 obhgation was enforced hj legal authority. If a person refused to take part in ttie quarrel with his ioDsman, and to aid him against his adversary, he was deemed to have re- nounced all the rights and privileges of kindredship, and became incapable of succeeding to any of his relations, or of deriving any benefit from any fiivU right of property belonging to them. Vide Du Cmge Disaert. 333. The method of ascertaining the degree of aflinity, wliioh obliged a person to take a part in the quarrel (^ a kinsman, was curious. While the church prohibited the marriage of persons within the aevem, degrees of affinity, the vengeance of priv^e war extended so far as this prohinition ; and all who had such a remote connection with any of the principals were involved in Ihe calamities of war. But when the church relaxed somewhat of its rigor, and did not extend its prohibition of marrying beyond the /mrtk degree of affinity, the same rostadction tool: place in the conduct oi private war. Vide 446 LAWGLOSSAEY, Beaiman. 303. Dv, Oange Dissert. 333 A. private -war could not be carried on between two fvU brothera, because both have the same common kindred, and consequently neither had any persons loimd 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 Beauman. p. 299. The vassals of each principal, in any private war, were involved in the contest, because, by the feudal maxims, they were bound to take arms in the name of the diieftain of whom they held their land, and to assist him in every quarrel. As soon, therefore, as feudal tenures were introduced, and this artificial connection was established between vassals and the Baron, of whom they held, vassals came to be considered as in the same state with relations. Vide Beauman. 303. Private wars were very frequent for several centuries. Nothing con- tributed more to encourage those disorders in government and ferocity of manners which reduced the nations of Ev/rope 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 efiectually 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 auChorized 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. lorn. i. p. 701. 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: "Srat eo tempore maximus ad invicem hostilitatilms, iolius Francorum regni facta iurbatio ; crebra ubigue latrocinia, viarum obsessio avdiebantur passiwt, imofkbant incendia infinita nullisprceier sola ei indomita fupiditate existentibus causis extruebantur prwlia ; et utbrevi totam clavdem, qv/icqwid obtutibus cupidorum subjicieiant, nusqiMm attendiebant cujus esset, prcedce patebant." Tide GesiaDeiper Francos, vol. i. p. 482. i e. " At that time turbulence reigned very extensively in the kingdom of France; every- where robberies and lying in wait in the highways were heard of; conflagra- tions became excessive ; hostility was enkindled for no other cause than from ungovernable avarice; and, in fine, the defenceless were subjected to entire ruin ; the robbers never cared whose property they preyed upon, if it were only accessible to their cupidity." QtriCQUiD PER SBRTUM, &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. QniD SI IN EJUSMODI, &o. — The seal is either taken for the wax impressed with a device, and attached to deeds, &o., or for the instrument with which • the seal is impressed. In law, tlie former is the most usual sense. It is said that the first sealed charter we find extant in Englc.-'l '" that of Edward the Confessor, upon his founding Westminster Abbey. Yet, 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 Cross, made in gold, on the parchment. Tide Monast. 111. fol. 7. et Ordoricus Vitalis. lib. 4. That most of the charters of the English Saxon Kings were thus signed, appears by Ingulphus, and in the Monasticon. But it was not so much used after the Conquest. Tide Cowell. Coats of arms on seals were introduced about the year 1218. We read of a charter sealed with the Boyai tooth, called the " Wang-tooth," (wamg — the LAW GLOSSARY. 447 Jaw, Saa.); and it is said that one of the English Saxon King's Grants has these remarkable words, (which show the state of literature iu those days,) "Pro igmrantia Uterarwn appomi sigiVmn mev/m" — i. e. "on ac- covmt of my ignorance of letters, I have placed my seal" Vide Daniel, yi. 17, as to the antiquity of signets. QtroD OLERioi, &c. — The'student will find the following Chronological List of Gordemporary Reporters iu the English Courts, to he correct, down to the reign of William IV. Henet III. commencing 1216. Jenkins, 4, 19, 21. Edwabd I.— 12t2. Jenkins, ex. 18, 34 Keilwey, KB. & cp. 6 Tear Book (Maynard) part 1, KB. CP. & EX. 1 to 29 Edward II. — 1307. Jenkins, BZ. 5, 15, 18 Benloe, KB. CF. 32 Jenkins, EZ. 1 to 47 Keilwey, KB. cp. 1 to 47 Tear Book (Maynard) part 1, KB. OP. EX. 1 to 19 Edwabd III.— 1326. Tear Book, part 3, KB. & cp. 17, 18, 21, to 30, 38, 39 Tear Book, part 4, KB. & cp. 40 to 60 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 IV.— 1399. Tear Book, part 6, KB. & CB. 1 to 14 Hbnet v.— 1413. Tear Book, part 6, KB. & CP. 1, 2, 5, 7 to 9 Jenkins, ex. 1 to 14 Jenkins, ex. 1 to 10 Benloe, KB. cp. 2, 18 Jenkins, ex. 1 to 39 Jenlcns, ex. 1 to 22 Henry VI.— 1422. 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 IV.— 1461. Tear Book, part 10, KB. cp. & ex. 6 Tear Book, part 9, kb. cp. 1 to 22 Edward V.— 1483. Jenkins, ex. Tear Book, part 11, kb. & cp. Richard III.— 1483. Jenkins, EX. 1 to 2 Tear Book, part 11, KB. CP. 1 to 2 Henry VII.— 1485. Benloe, kb. cp. 1 Moore, kb. cp. 1 to 37 Jenkins, ex. 1 to 24 Tear Book, part 11, KB. op. 1 to 16, KeUwey, kb. cp. 12, 13, 17 to 24 20, 21 4iS LAW OLOSSABT. Hsantr TUT.— 1*00. Anflerson, cp. 25, &o. Dyer, KB. cp. ex. ch. 4, too. Seidoe, op. 1 to 38 Jenkiiis, ez. 1 to 38 N. Bendloe, kb. op. 22, &c. Keilwey, kb. op. 1 to 11, and 21 Bendloe, Keilwey and Aahe, KB. op. Moore, KB. OP. ex. oh. 3 EX. Tear Book, part 11, KB. OP. 12, 13, Brodke's new Cases, KJ. op. ex 14, 18, 19, 26, 21 Balison, op. 38 Edwaed VI.— 154t. Anderson, op, 1 to 6 Dyer, -KB. op. ex. oh. 1 to 6 Benloe and Dalison, op. 2. Jenldns, ex. 1 to 6 Brooke's new Cases, KB. op. EX. Moore, KB. of. ex. oh. 1 to 6 IT. Bendloe, KB. of. ex. 1 to 6 Plowden, KB. op. ex 4 to 6 M^T— 1553. Anderson, op. 1 to 6 Dalison in Keilwey and Ashe, OP. T Benloe and Dalison, op. 1 tp 6 4, 5 Benloe in Kelwey and Ashe, KB. op. Jenkins, ex. 1 to 6 EX 1 to 5 Leonard, KB. cp. 1 to 5 N. Bendloe, KB. op. ex 1 to 5 Mooie, KB. of. ex ch. 1 to 5 Brooke's new Cases, kb. op. ex. 1 to 5 Owen^ kb. cp. 4. to 6 Cary, ch. 5 Plowden, KB. CF. EX 1 to 6 Dyer, kb. cp. ex oh. 1 tp 5 Elizabeth — 1553. Anderson, cp. 1 to 45 Oodbolt, KB. op. ex oh. 11 to 45 Benloe in Keilwey and Ashe, KB. cp. Gouldesborough, KB. ch. ex CE. 28 EX. 2 to 20 to 31, 39 to 43 Benloe, KB. cp. ex. 1 to 21 Hohart, KB. a few Cases Bendloe, KB. op. ex. 1 to 11 Hutton, cp. 26 to 38 Biownlow and Gouldesborough, cp. Jenkins, ex. 1 to 45 11 to 45 Leonard, KB. OP. ex. 1 to 45 Cary, oh. 1 to 45 Moore, KB. op. ex. 1 to 45 Coke, KB. CP. EX OH. 14 to 45 Noy, KB. op. 1 to 45 CrOke, KB. OP. 24 to 45 Owen, KB. op. 1 to 45 Dalison, cp. 1 to 16 Plowden, KB. cp. ex. 1 to 21 Dalison in Keilwey and Ashe, of. 2 Popbani, KB. cp. oh. 34 to 39 to 1 Saville, cp. ex. 22 to 36 Diekins, .oh. a feiu Cafes Tothill, oh. 1 to 45 Dyer, KB. cp. 1 to 23 Telverton, KB. 44, 45 Jambs I. — 1603 Anderson, OP. 1 "William Jones, KB. CP. 18 to 23 Bendloe, KB. cp. ex 19 to 23 Lane, ex. 3 to 9 Bridgman, cp. 12 to 19 Leonard, KB. CP. ex. 1 to 12 Brownlow and Gouldesborough, OP. 1 Ley, kb. cp. ex. 6 to 23 to 23 Moore, KB. of. ex ch. 1 to 18 Bulstrode, KB. 1 to 15 Noy, KB. & cp. 1 to 23 Cary, ch. 1 Owen, -kb. cp. 1 to 12 Coke, KB. cp. EX ch. 1 to 13 Palmer, kb. IT to 23 Croke, KB. cp. 1 to 23 Popham, KB. cp. ch. 15 to 23 Davis, KB. CP. EX. 2 to 9 Eeports in Chancery, 13 Godbolt, KB. OP. EX. OH. 1 to 23 Rolle, KB. 12 to 22 Kobart, kb. op. ex ch. 1 to 23 Tothill, oh. 1 to 23 * Button, OP. 10 to 23 Winch) op. 19 to 23 Jenkins, ex. 1 to 21 Telverton, kb. 1 to 10 LAW GLOSSAEY. 449 Chahles I. — 1625. ley, KB. OP. EX. 1 to 4 Alleyn, KB. 22 to 24 Beadloe, KB. cp. 1 to 14 Bulstrode, KB. 1 to 14 Clayton, PL Ass. Tork, 1 to 24 Croke, KB. cp. 1 to 16 Godbolt, KB. OP. EX. OH. 1 to 13 Hetley, op. 3 to ? Hutton, OP. 1 to 14 Wm. Jones, KB. op. 1 to 16 Iiatch, KB. 1 to 3 Charles II.— 1660. Carter, cp. 16 to 21 Cases in Chancery, part 1 — 12 to 30. Cases in Chancery, part 2 — 26 to 37 Clayton, PL Ass. York, 1 to 2 Dickins, CH. a few Cases Pinch, OH. 25 to 32 Freeman, KB. cp. ex. oh. 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. cp. 12 to 37 Lutwyche, op. 34 to 37 Littleton, cp. ex. 2 to 7 March, kb. op. 15 to 18 Nelson, oh. 1 to 24 Noy, KB. OP. 1 to 24 Palmer, KB. cp. 1 to 4 Popham, KB. OP. OH. 1 to 2 Reports in Chancery, 1 to 24 Style, KB. 21 to 24 Tothill, OH. 1 to 21 Modern, toL 3, KB. OP. ex. oh. 34 to 37 Nelson, CH. 1 to 37 Parker, ex. 30 PoUexfen, KB. CP. ex. oh. 22 to 37 T. Baymond, KB. op. 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. cf. ex. 9 to 22 Skinner, KB. 33 to 37 Style, KB. 1 to 7 Modem, voL 1, 2, KB. op. ex. oh. Taughan, cp. 17 to 25 1 to 29 Ventris, KB. CP. EX. oh. 20 to 37 Modem, 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. op. ex. oh. 1 to 4 levinz, KB. CP. 1 to 2 Lutwyche, op. 1 to 4 TVlLlIAM Carthew, kb. 1 to 12 Cases concerning Settlements, kb. 1 to 14 CoUes, Pari. Ca. 9 to 14 Comberbach, kb. 1 to 10 Comyns, KB. cp. ex oh. 7 to 14 Fortescue, kb. op. ex. oh. 7 to 14 Freeman, KB. CP. ex. ch. 1 to 14 Kelynge, Cr. Ca. KB. 8 to 13 Levinz, KB. op. 1 to 8 Lutwyche, op. 1 to 14 Modem, vol. 3, kb. cp. ex. ch. 1 to 2 Modem, voL 4, KB. cp. ex. oh. 3 to 7 Modem, voL 5, KB. CP. EX. CH. S toll AmrE, Brown, Pari. Gases, 1 to 13 Modem, vol. 3, KB. cp. ex. ch. 1 to 4 Parker, ex. 3 to 4 Reports in Chancery, 1 to 3 Shower, KB. 1 to 4 Skinner, KB. 1 to 4 Tentris, kb. cp. ex. oh. 1 to 4. Yernon, CH. 1 to 4 III.— 1689. Modern, voL 12, KB. of. ex. oh. 2 to 14 Parker, ex. 4 to 13 Precedents in Chancery, 1 to 4 lord Raymond, KB. & CF. 4 to 14 Reports in Chancery, vol. 2 — 5 Reports temp. Holt, KB. of. ex. ch. 1 to 14 Salkeld, KB. op. ex. oh. 1 to 14 Select Cases in Chancery, 6, 9 Shower, kb. 1 to 6 Skinner, KB. 1 to 9 Yentris, KB. op. ex ch. 1 to 2 Yernon, OH. 1 to 14 Peere Williams, ch. & kb. 7 to 14 ,—1702. Modem, voL 7, KB. oh. ex oh. 1 29 450 LAW GLOSSARY. Bunbury, ex. 12 to 13 Cases concerning Settlements, KB. 1 tola Cases of Practice, CP. 6 to 13 Colles, Pari. Ca. 1 to 8 Comyns, KB. CP. ex. ch. 1 to 13 Dickins, ch. a few Cases Fortesque, KB. OP. EX. OH. 1 to 13 Freeman, KB. op. ex. oh. 1 to 6 Gilbert, Cases in Law and Equity, 12 to 13 Gilbert, KB. oh. & ex. 4 to 13 Kelyng, Sir J. KB. Lutwyche, CP. 1 to 2 Modern, vol. 6, KB. op. EX. CH. 2 to 3 Modem, vol. 10, KB. CP. ex. ch. 8 to 13 Modern, vol. 11, KB. OP. BX. CH. i to 8 Parker, EX. 6 to 12 Peere 'Williams, CH. & KB. 1 to 13 Practical Eegister, CP. 3 to 13 Precedents in Chancery, 1 to 13 Lord Raymond, KB. CP. 1 to 13 Reports in Chancery, 4 to 8 Reports temp. Holt, 1 to 9 Salkeld, kb. op. ex. oh. 1 to 10 Sessions Cases, KB. 9 to 13 Vernon, ch. 1 to 13 Gbobse I. — 1714. . 1 to 24 Anstnither ex. 32 to 37 Mosely, OH. 12 to 13 Parker, ex. 4 Practical Regis. CP. 1 to 13 Precedents in Chancery, 1 to 8 Lord Raymond, KB. & CP. 1 & 10 to 13 Robertson's Appeal Cases, Ito 13 Select Cases in Chancery, 10 to 12 Sessions Cases, KB. 1 to 13. Strange, KB. CP. CH. ex. 2 to 13 Vernon, oh. 1 to 5 Peer« Williams, oh. & KB. 1 to 13 II.— 1727. Poster, Or. Ca. 16 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. op. ex. ch. 1 to 21 Vesey (sen.) ch. 20 to 28 Willes, op. ex. ch. h. of l. 11 to 33 Wilson, KB. 16 to 26 Wilson, OP. 26 to 34 Blaokstone, Q3..) cp. ex. 28 to 36 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, op. 1 to 13 Comyns, KB. cp. ex. oh. 1 to 13 Dickins, ch. 1 to 13 Portescue, KB. OP. EX. CH. l,to 13 Gilbert, KB. ex. oh. 1 to 12 " Modem, vol. 8 & 9, KB. CP. EX. CH. 8 to 12 Modern, vol. 10, KB. cp. ch. ex. 1 to 11 George Ambler, oh. 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. Vesey, ch. 20 to 28 Wm. Blackstone, KB. op. 20 to 24, 30 to 34 Brown, Pari. Cases, 1 to 34 Bunbury, ex. 1 to 14 Burrow, KB. 30 to 34 Burrow, Sett. Cases, KB. 5 to 34 Cases of Settlement, KB. 1 to 5 Cases of Practice, op. 1 to 20 Cases temp. Talbot, OH. KB. CP. 7, 10 Comyns, CH. ex. 1 to 13 Cunningham, KB. 7, 8 Dickins, OH. 1 to 34 Pitzgibbon, KB. op. oh, ex. 1 to 6, Porlescue, all the Courts, 1 to 10 GEoaaE III— 1760. Acton, Prize Causes, 49 to 50 Bamewall & Alderson, KB. 68 Ambler, oh. ex. 1 to 24 Blackstone, (Sir Wm.) KB. oP. 1 to 20 - - >,^.) LAVT GLOSSARY. 451 Bligh, Pari. Cases, 59 & 60- Bosanquet & Puller, OP. EX. St to 44 Bosanquet and Puller, New Rep. CP. 44 to 47 Bott. Sett. Ca. 1 to 60 Broderip & Bingham, CP. 59 & 60 Brown, Pari. Gases, 1 to 40 Brown, Chancery, 18 to 34 Buck, Bankruptcy, 57 to 60 Burrow, KB. 1 to 12 Burrow, SeltL Cases, 1 to 18 Oaldecott, Settl. Cases, 17 to 26 Campbell, np. 48 to 66 Cases of Prae. KB. 1 to 14 Chitty, KB. 47 to 60 Cooper, Chancery, 55 Corbet & Dan. El. Ca. Cowper, KB. 14 to 18 Cox, Chancery, 23 to 36 Daniel, Exoheq. 57, 58 Dickins, Chancery, 1 to 38 Dodson, Admiralty, 61 to 55 Douglass, KB. 19 to 22 Dow, Pari. Cases, 53 to 58 Durnford and East, Ka 26 to 40 East, KB. 41 to 53 Eden, Chancery, 1 to 7 Edwards, Admiralty, 48 to 60 Espinasse, up. kb. cp. 33 to 47 Forrest, ex. 41 Prazer, Elect 32 Gow, NP. CP, 59 & 60 Haggard, Consistory Court, 29 to 60 Hall & Beattie, CH. 47 to 61 Holt, NP. CP. 65 to S& Jacob & Walker, CH. 59 & 60 Kenyon, KB. Leach, Crown Law, 1 to 55 Loffit, KB. OP. OH. 12 to 14 Luder, Elect Ca. 26, 30 Haddock, Chanc. 55 to 60 Marriott, Ad. 16 to 19 Marshall, CP. 54 to 66 Maule & Selwyn, KB. 64 to it Merivale, Chancery, 56, 67 Moore, CP. 57 to 60 Nolan, SettL Ca> 32 to 34 Northington, 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 56 Russel & Ryan, Cr. Ca. 39, &c. Schoales and Lefroy, Chancery, 42 U) 46 Smith, KB. 44 to 46 Starkie, NP. 65 to 60 Swanston, oh. 68 to 60 Taunton, op. 48 to 58 Tesey, Chancery, 29 to 62. Tesey & Beames, Chancery, 52 to 54 Wightwicke, ex. 50 to 51 Wilson, KB. OP. 1 to 14 Wilson, EX. 57 Wilson, EX. & OH. 53 to 60 Gborsb it.- Addams, EccL 2 to 6 Bamewall & Alderson, KB. 1 to 3 Barnewall & Ores well, KB. 3 to 10 Bamewall & Adolphus, KB. 10 & 11 Bingham, op. 3 to 11 Bligh, H-ofL, 1 to Bott, Sett. Ca. 1 to 7 Broderip & Bingham, CP. 1 to 3 Carrington & Payne, np. 4 to 11 Chitty, KB. 1 to 3 Creswell, Insol. 7 to 9 Crompton & Jervis, ex. 11 Daniel, ex. 1 Danson & Lloyd, Merc. Ca. 8, 9 Dow &. Clarke, H. of L. 7 to 11 Dowling & Ryland, KB. 2 to 8 Glynn & Jameson, Bankr. Haggard, Eccles. 7 to 10 Jacob & Walker, oh. 1, 2 Jacob, OH. 2, 3 1820. Manning & Ryland, KB. 7 to 9 M'Cleland, ex. 4, 5 M'Cleland & Tounge, ex. 5, 6 Montagu & Macarthur, Bankr. 10, 11 Moody & Malkin, up. 7 Moore & Payne, cp. 7 Phillimore, EccL 1, 2 Price, EX. 1 Russell &, Ryan, Crown Ca. 1 to 3 Russell, Chancery, 6 to Russell & Mylne, 9 to Ryan & Moody, up. 4 to 7 Ryan & Moody, Cr. Ca. 4 to 10 Shaw, H. ofL. Simons & Stuart, Vice Ch. 2to1 Simons, Vice Ch. 7 to 11 Starkie, kp. 1 to Turner, oh. 3 to Wilson, ch. 1 Wilson & Shaw, H. of L. Lloyd & Welsby, Merc. Cases, 10 & 11 Toung 4; Jervis, ex. 7 to Haddock, Vice Ch. 1 to 2 Tounge, ex. eq. 11 452 LATV GLOSSARY. "William IT.— 1830. BamewaU &, Adolphus, KB. 1 to Bligh, H. of L. 1 to Bingham, op, 1 to Clark & Finnelley, H. of L. 3 to Camngton & Payne, np. 1 to Moody & Malkin, np. 1 to Crompton & Jervis, ex. 1 to Moore & Payne, CP. 1 to Deacon & Chitty, Bankr. 2 to Eussell & Mylne, CH. 1 to Dow & Clarke, H. of L. 1 to 3 Simona, Vice Chan. 1 to Dowling, Pract. 1 to Tamlyn, Bolls, 1 to Haggard, Ecol. 1 to Tyrwhitt, ex. 1 to Knapp, Appeal Cases, 1 to Wilson & Shaw, H. of L. 1 to Manning & Ryland, KB. 1 to Toimge, eq. ex. 1 to Montagu & Bligh, Bankr. 1 to Quod habeant, &o. — ^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 : ihat 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 soldier, and " Liber homo," were, in those days, almost synonymous. Tide Du Caiige 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 dignaiate), it has been justly remarked, that, in many respects, such a situation weakens and debases the human mind. "When the faculties of the soul are not ex- erted, they lose their vigor, and low and circumscribed notions take the place of noble and enlarged ideas. Action, on the contrary, and the vicissi- tudes of fortune, which attend it, call forth, by turns, all the powers of the mind, and, by exercising, strengthen them. These vicissitudes are often " blessings ia disguise." Hence it is, that in great and wealthy states, when property and indolence are perfectly secured to individuals, we seldom meet with that strength of mind, and resolution of action, so common in a nation not far advanced in civilization. It is a curious, but correct, observation, that opulent kingdoms seldom produce very great characters; which must be altogether attributed to that indolence and dissipation, which are the in- separable companions of 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 Latium, than when its dominion extended over nearly all the then known world : and one petty state' of the iSaxon 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 maimer of life, and those manly LAW GLOSSARY. 458 pursuits, from which barbarity often takes its name, are highly iavorable 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 and artificiai 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 stunulants 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 Jife, he will never arrive at the temple of true honor, nor be of any signal service to his fellow man. Quod orddjarii, &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. QcOD vrouA EEjf ANET, ifec. — 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. Vide 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." Vide LI Ethel. A. D. 1008. LU CantUi. u. 11, et 1«(. Iiist. 8 a. in notis V, 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. Vide Bro. Abr. Bastardy, p. 18. Falm. 10. 1 Inst. 123, 5. iti notis 1, where additional cases are cited to decide on the question according to the woman's condition, &c. Q0OTIES 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. Vide C. 1137. Imerius opened a CoBege of Civil Law at Bologna, a few years afterwards. Vide Gito. Hist. LAW GliOBSABY. 469 tib, zt a ;. It began to be taught, as a, part of a ent parts oC France, before the middle of the twelfth century. Vicarim gave lectures on the Oivil Law at Oxford, as early as the year 1147. A regular system of feudal law, formed in imitation of the Soman Code, was composed by two Milamese 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 regebaiur regnwm orieniaie," — ^i. a " the law of customs under which the eastern Idagdom 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 Eurc^e 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 Olanville, Lord Chief Justice of England, in his" Tractatus de legibus, et consuetudinibus Anglioe," i. e. "A Treatise on the laws and customs of England," composed about the year 1181. The " Segiam Jfajestalem^" 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 dne examjpatiou, 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- Ueve 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 thntaine, who tells us that he was the first who had attempted such a work in France, composed his " Conseil," which contains an account of the customs of the country of Vernandois, in the reign of St. jMuis, which began A. D. 1226. Beaumonoir, the author of the " Gouslimiea de Seauvoisis," lived about the same tima The establishments of St. Louis, containing a large collection of the customs which prevailed within the royal doniains, were publishe4 by the authority of that Monarch. As soon as men became acquainted with the advantages of having wriiien customs and laws, to which they could have recourse on every occasion, the practice of collect- ing them became common. Charles the Seventh oi France, by an ordinance, A. D. 1453, appointed the customary laws in every province of France, to be colleete4 and arranged. Vide Veliey and ViUaret, 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 monarcbs, had taken effect. A mode of judicial determination was estabhshed 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 ease, 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- erum," 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 Ewrope, is a &fit so well known, that it re- quires no Illustration, Even in Englmd, where the common law has been, lay many, supposed to form a system, perfectly distinct from the Soman Code ; 470 LAW GLOSSAKY. and although such 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 a?e incorporated into the English juris- prudence. This ia well illustrated by the ingenious author of " Observations on the Statutes, chiefly the more Ancient, " M edit. p. 16; which the student will do well carefully to peruse. EonTTE. — ^In a legal sense, this word signifies an assembly of persona going forcibly to commit an unlawful act, though they may not do it. A Rout is the same which the Germans call Sot, meaning a band, or great company of men gathered together, and going to execute, or indeed executing, any riot or unlawful act. s. Sa et la. Here and there. Sac. Sacha. A cause : prosecution. Saccaboe. One from whom a thing was stolen, and who pursued the thief. Saccus cum brochia. A sack with a lance. Sacebeos interroget dotem mulieris, et si terra ei in do- tem 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 chxrrch, and at the church-door. Saceedotes a regibus honorandi sunt ; non judicandi. The priests are to be reverenced by kings ; not judged (by them). Sachent a touts ceux g[ue 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. Saciee. -To seize. Sacquiee. 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. Saceamentum. ^An oath : a gage in money formerly LAW GLOSSARY. 471 deposited by the litigating parties among the Eomans ; and by persons who agreed to buy or sell ; also, the oath taken by soldiers to their general. Vide note. Saceamentum decisionis. The oath of decision : the oath formerly taken by a party who waged his law in an action of debt. Vide note to " tSacramentum." Saceamentum domini Eegis fregisse. To have bro- ken the oath of the lord the King. Saceaee. To outlaw. Saceaeium. ^A vestry : the place where the priest's robes are kept Saceilegii instar est rescriptum principis obviare. • It is like sacrilege to oppose the order of the Emperor. Sacbilegium. Sacrilege. Also any detestible or odious crime. S^PB quaesitum est, an comitum numero et jure habendi sunt, qui legatum comitantur, non ut instructior 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, oHm 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 obhged to produce a list of their companions (or suite). 472 LA'W GLOSSAET. S-EPIUS requisitus. Oftentimes requested. "S^rviOR armis Luxuria incubuit Tictam ulciscitur orbem." "Luxury, more destructive than arms, hovers over, and re- venges itself upon a vanquished world." Sagibako. ^A judge. Sala. A hall. Salaeium nautse debeter, quando navis magister ante tempus conventionis completum, licentiam ei dederit, aut eum in terram 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 nautse non serviat, dummodo ipse nauta, absque licentia magistri, navem non derelinquerit. ^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 consiHarii. ^Among many counsel- lors there is safety. Salva fide et ligeantia domino. Saving fealty and allegiance to the lord (of the fee). Salvis exceptionibus tam ad breve, quam ad narratio- nem. Saving exceptions as well to the writ, as to the declaration. Salvis omnibus exceptionibus, advantagiis quibuscim« que. Saving all exceptions, and every advantage. LAW GtOSSART. 478 Salvo contenemento suo. Saving his appearance : oi 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 mj own right, and that of my heirs. Salvo pudore. Saving modesty. Sancta absolutio. The holy remission (or pardon). Vide note. Sanctio justa, jnbens 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. ScACCABiUM. " The Exchequer :" one of the courts of Common Law in England. Vide note. ScANDALUM magnatum.-— — The scandal against the peerage. Vide note. Soelus intra se taciturn qui cogitat uUum, 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 prsesentes et futuri, quod ego Johannes Constu- bularius Ckstrice, dedi et concessi, et hac prsesenti charta mea, confirmavi, Hugoni de Button, hseredibus suis, magis- tratum omnium leccatorium et meretricium totius Cester- shirce, sicut liberius Ulum magistratum teneo de comite. Know all men present, and to come. That I, John, 474 LA-WQLOSSAET. the constable of Chesty, 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. Eaiowingly : 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 executionem 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 investiturse ; si dominum ejuravit, id est, negavit se h, domino feudum habere ; si ^ 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. Scire facias ad audiendum errores. That you give notice to hear errors. LAW GLOSSARY. 475 SciEE 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 prohibitionem. 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. ^I have made known. Scire fieri. To be informed. ScoTLffi leges dantur. Laws are given to Scotland. Vide note. Scribe conventionem faciunt. Notaries (or clerks) make the contract. Vide note. Scribeee est agere. To write is to perform. ScRiPSiT, fecit, et publicavit ; seu scribi fecit, et pub- licari 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. SCDTAGIUM (or Scutum) non adimit haereditatem. (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, iSugden, &c. ScTEAN. To divide. 476 LAW GLOSSARY. SCTHE-GEEAFA.-- — A sheriff. Secta. A suit : litigation : also tte pledges produced that the plaintiff should prosecute his claim. Secta ad famum ; seeta ad torrale ; et ad omnia alia hujusmodi. Suit (or service) at the oven (or bake» house) ; also at the kUn ; 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 profoatam. — r- According to abso- lute proof. 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 husbandriae. ^According to the custom of husbandry (or tillage). Secundum consuetudinem manerii.— "^According to the custom of the manor. Vide note. Secundum discretionem boni viri,— ——According to the judgment of an honest man. Secundum fbrmam ohartae. 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 Angliae. 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 terr«. According to the law of the land. LAW GLOSSARY. 477 Secundum potestatem ordinatam. ^According to set tied authority. Secundum subjectam materiam. According to tne subject-matter. Secubitas 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 possessiqne rei vel juris unde fieri debet confirmatio ; et eodem modo nisi ille cui confirmatio fit sit in possessione. ' ^But the confirmation ig 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 EuropcBos 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 {tmnng EuropeaTis, that such things were considered cap- tured, where they were twenty-four hours in the enemy's possession. Sed secundum earundem plenitudiuem, 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. 473 LAWGLOSSABT. Segnitee irritant animos demissa per aurem, quam qusa sunt oculis subjectse fidelibus. What we hear produces a slight impression, when compared with that which is pre- sented to the eye. Seise quousque, &o. Seised (or possessed) until, &c. Seisina fatiit 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 iUo 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 accused, 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' Prator 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. Yide 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 itineranles 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. Sempeb paratus. ^Always ready. Senatus consulta. " Decrees of the Soman senate." These related to the people at large. Vide note. Senatus consultum Tertullianum. The Tertullian decrees. Sekatxjs consultum ultimse 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. Sequatur sub suo periculo. Let him follow at his peril. Sequestrari facias. That you cause to be seques- tered. Sequestraei feci. 1 have caused to be seques- tered. Seriatim. In regular order: in succession. 480 LAW GLOSSAET. Seemo relatus ad personam et iatelligi debet conditioni persoDse. The discourse refers to the person, and it should be understood according to the situation (condition or rank) of the party. Seevato juris ordine. ^The order (or form) of law being preserved. Seevi aut fiunt, aut nascuntur ; fiunt jure gentium, aut jure civili : nascuntur ex andlliis 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 bom (slaves) from our bondwomen. Vide note. Seevice de Chevalier. Knight's service. Seevientes ad legem. Seijeants at law. Seevi nascuntur. They are bom slaves. Vide note. Seevitia servientium, et stipendia famulorum. The services of those employed, and wages of servants. Seevitii adscriptitii glebse. -" Slaves attached to the soil." Those who were bought and sold with the land. Seevitio obnoxium. Liable to perform service. Seevitium militaire. Military service. Seevitium scuti. Knight's service. Seevitium sokse, " Socage service." A considerable part of the lands in England were formerly held by these services. Seevitus est jus, quo res mea, alterius rei vel personss servit. Bondage is a law by which my property is sub- ject to the circumstances or person of another. Vide note. Seevus facit, ut herus dfet. 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 GLOSSAET. 481 Si aliquis mulierum pregnantem percusserit, vel ei vene^ num 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 wbicli she miscarry ; if the embryo has been already formed, and particularly if it has quickened, he is guilty of murder. Si aliquis per siiperbiam elatus, ad justitiam Episcopalem venire noluerit, vocetur semel, secundo, et tertio ; quod si nee ad emendationem venerit, excommunicetur, et si opus fuerit ad hoe vindicandum, fortitudo et justitia Eegis, sive Vicecomitis, adhibeatur. If any person, elated by pride, will not come (or submit) to Episcopal jiistice, 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 prse- 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 vUlanum soccagium ad ahum transferre voluerit, prius illud restituat domino, (vel servienti, si dominus prsesens non fuerit) ; et de manibua ipsius fiat translatio ad alium, tenendum libere, vel in soc- cagio, secundum quod domino placuerit ; quia ille vUlanus 31 482 LATV GLOSSABT. sockmannus non habet potestatem transferrendi, cum libe« rum tenementum non habet. Therefore if a villain in socage desires to transfer his socage land to another per- son, he must first restore it to the lord, (or to his attorney, if the lord shall not be present ;) and the transfer may be made from his hands to the other person, to hold in fee, or in socage, as the lord may please ; for the villain in socage has not a power of transferring (the possession), because he has not the fee. SiBTLLiNA. The Sibylline books. Tide note. Si certa signa apposita fuere mercibixs et aliis rebus. If certain marks were set to the merchandise, and the 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 shall be made to appear. Si curia cognoscere velit. If the court wish to certify (or take cognizance). SicuT alias prsecipimus. As we have otherwise com- manded. SicuT pluries prsecipimus. As we have many times commanded. Sic utere tuo, ut alienum non Isedas. So use your own that you injure not another's property. ' SiCDT si talibus circumstantibus, quas timorem, credulita- 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. 483 fiaerit debitum reservato Ecclesise suo sine dolo, fratide, seu contradictione qualibet, pro recompensatione substractionis decimamm personalium, necnon et oblationum : secundum laelius animal reservetur, post obitum, pro salute animae suae. K 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 hseredibus 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 hasredibus 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 1 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 poense, ab hu- jusmodi facinore se temporaverint, nnllse mulieri, sive vo- lenti, sive 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- tum 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 J ost, 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 tuns 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. IS he shall commit felony, (as) perhaps by cuckolding his lord. Si fecerit te securum, pone per vadios et salvos plegios. ^Khe make you secure, put by gages and safe pledges. Si Friscus, cum patris filia, se conferat in Brahantiam ibique nuptias celebret ; hue reversus, non videtur toleraU' LAW aLOSSARY. 485 dus : quia sic jus nostnim pessimis exemplis eluderetur. If a Friscian go mth his s\s\bt m\o BraJbant, 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. SlGlLLUM 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, vL 17. SiGNUM crucis imposui. 1 have placed the sign of the cross. Yide 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 perle devise, car apres le feoff- ment, le devisor avoit mesme I'use que il avoit devant. ■ If a man having feoffees to his use, before the statute 27 Hen. Vili. 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 firmae, le plaintiff recovera son terme qui est arrere, si bien come in " quare ejecit 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- Si imperialis majestas causam cognitionaliter examina- verit, et partibus cominus constitutis, sententiam dixerit, omnes omnino judices, qui sub nostro imperio sunt, sciant banc esse legem, non solam illi causae pro qua producta est, sed «t in omnibus similibus. If his Imperial Majesty has 486 LAW GlOaSABT. thorougUy examined a cause, and thereupon tlie 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 aU similar cases. Si in chartis membranisye tuis carmen, vel historiam, vel orationem, Tiiius scripserit, hujus corporis non Titiu&, sed tu dominus esse videris. rif Tilius write a song, hiS' tory, or oration on your papers or parchments, you wiU be considered the owner of the material, (on which the writ- ing was made,) and not Titius. Vide note to " Ghartcs" &c. Si in confiniis hostium deprehendantur, prassumantur 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, pii- ta, ex causa refectionis, vel ad evitandum maris tempesta- turn, 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 k faire, il pent 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 pent eux conserver tanque satisfaction pux 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 pronuntiaveriut, 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 majus judicium. K the jurors mistake, and the judges give judgment according to the verdict, they pass au 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 qualiti^ ; comme s'fl a d^rout^, &c., les assureurs qui se sont renders garans de la barraterie du patron, en sont responsables, mais malgr6 ladite clause, ils ne sont pas tenue des fautes que le capitaine commet en sa qualitie de facteur. K 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, s'il ne veut permettre aux navires de sortir, qu'en flotte ou redoublement d'equipage ; ou s'il prevoyoit k plus grand danger les arrestans pour quelque terns, I'assureur n'est en acune indemnity 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, (L e. the crew) ; or if he by any 488 I/AW GLOSSARY. means expose those thus detained to great danger, the assurer has no rist, 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 malgrd I'interdiction de commerce, qu'emporte tou- jours tout declaration de guerre, les sujets du roi ne font point commerce ayec les ennemis d I'etat, ou avec des amis ou allies, par I'interposition desquels on fferoit passer aux enemis des munitions de guerre et de bouche, ou de autres effets prohibies ; car tout cela etant come prejudiceable k I'etat, seroit sujet k confiscation, et ^ 6tre declar6 de bonne prise, etant trouv6 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, vitee 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 tftne they die in battle, a testament of this kind ought to be considered valid. Vide note. LAW GLOSSAEY. 489 Si modo postea nascatur, tunc enim fictione juris nativi- tas retrotraliitur. If the child be bom subsequently, then, by a fiction of law, the birth shall have a retrospect- ive construction. SiMONiA. 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. SiMPLiciTAS est legibus amica, et nimia subtilitae 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. S. 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 intelhgitur solum currere assecuratori pro ilh 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 GLOSSAET. 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 verbomm non observata ilia dura con- suetudine, " qui cadit k syllaba, cadit k totS; causS." 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 terrae. Without the judgment of his peers (or equals), or by the law of the land. Sine hoc quod. Without this that. Sine prejudicio melioris sententiae. ^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 iusurance is invalid ; for it is immaterial in what form it be recorded. LAW GLOSSARY. 491 Si non omnes qui rem communem habent, sed terti ex liis 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 dehvery of the pledge do not foUow, 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. Jf 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 ia- 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 plaintifif, 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 quaa 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 insufScient 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 terrse suae do- 492 LAW GLOSSAET. nare yoluerit, tunc quidem hoc ei licet ; sed non totum questtim, quia non potest filium suum hseredem exhsere- dere. ^If a person, wlio has nothing more than an ac- quired estate, would dispose of part of his land, this ia lawful fot 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 Tenundari ; 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 Christianitatis 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 GLOSSAKY. 498 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. K any of my barons, or subjects, sbould not give or dispose of his money. Ha wife, or children, or else his parents, and nSxt 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 cbartulas corruperit, vel igae consimiperit, 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 domii, 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 gumma cauda suspendatur, capite aream at- 494 LAW GliOSSABT. tingente; et in earn grana tritici effundantur, usquedum summitas caudse tritioo 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 kDled or stple the king's cat. Vide Black. Oom. 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 impatientia doloris, aut tsedio vitse, 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 hsereditatem 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 molendino meo con- fringatur, ipse aliqua mulcta plectar ; ut in parte infelicita- tis meee numeretur, habuisse, vel Eedificasse 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 iny 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 Hberis decesserit, pater, aut mater ejus in LAW GLOSSARY. 496 hsereditatem succedat, vel frater et soror, si pater et mater desint ; si nee lios habeat, soror patris vel iflatris, et dein- ceps qui propinquiores in patrua fuerint; et dum virilis sexiis extiterit, et hasreditas ab inde sit, fcsmina 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 k cognatis haeredibus suis; si illi viro prohibitum sit, qui earn ab initio acquisivit, ut ita facere 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 ses 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 curiae 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 GLOSSAET. Si tamen ad depriyationem aut inhabilitatem rectoris, aut expulsionem scholaris alicujus per episcopum vel ejus commissarium agatur ; dummddo ad ejus expulsionem concurrat consensus rectoris et trium de septem maxime senioribus scholaribus. If it be done to tbe deprivation or disqualifying of the rector, or tbe expulsion of any scbolar by tbe bisbop or bis commissary ; provided tbat 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) mule tantur in bonis, de csetero 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 quse- 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," &o. 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 uniyersitas ad unam redit, et stet nomen universitatis. LAW aLOSSAET. 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 I'array est quassable: quod conceditur per omnes justiciarioSi 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 deterius 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. SrvE sit masculus, sive fcemina. Whether male or female. Sive quis incuria, sive mort repentina; faerit intestatus mortuus, dominus tamen nullam verum suarum partem (prseter earn quae jure debetur herioti nomine) sibi assumito, Verum possessiones uxori, liberis, it coghationibus 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, aud aext 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. SocCAGiUM. " Socage." This was a tenure by which many estates were held under the feudal system. The tenants performed husbandry, &o., for the superior lord of the fee. SoaiETAS jus quomodo jfraternitatis in se habet. A society containa in itself, in a certain degree, a law (or tie) of brotherhood. 32 498 LAW GLOSSARY. SOciETAS Leonina. " The copartnersliip ■witli the lion," Alluding to the weU-known fable, when the lion appropriated all the prey to himself. Socii, communitas, collegium, societas et coUegse. The companions, community, college, society and fellows. SoDALES 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 baUe 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 desird. ^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, quse 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 his et animalia, et servos ut possent colere quod acceperant ; ne per inopiam hominum, vol per senec- tutem, desererentur rura vicina barbarise, 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. SoLEMPRE crie. Solemn proclamation. Solent foeminarum ductu bellare, et sexum in imperiis non discemere. The women were accustomed to be led to war, and their sex did not impede their succession to empire. Solent Praetores, 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 awho 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 hoth shall remain so long under the guardianship, until the mad man recover his senses, or he (the profligate) recover his good morals." ThLs was a judicious proceeding under the Roman laws, and described with considerable ingenuity. SoLEEE aiunt barbaros reges Persarum, ac Syrorum, uxoribus civitates attribuere hoc modo; hcec civitas mulieri redimiculum, prsebeat; hcec in coUum; hcec in crines, &c. They inform us that the barbarous kings of Persia and Syria assigned provinces (or states) to their wives, in 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 GLOSSAET. SoLls die, quern " dominicTjm " recte djxere majores, omnium omnino litium, et, negociarum finis- e^set intentio, -:=^— On Sunday, whicli the elders properly call "the Lord's day," it was the intention th'St all mann^ of lawsuits. and business should entirely cease. SoLUTio pretii emptionis loco ha]betur. By pa,ymenl|i, of the purchase money, he stands in the place of the vendor. SoLVENDUM in futuro. "To be paid at_ a, fnture 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 biU. Solvit residuum mihi. -He paid the residue to me Solvit residuum per me. He paid the residue by me SoLVUNTUR tabulae. " The proceedings are dis- charged." This was a phrase in use among the ancient Bomans, on the acquittal of a prisoner. Vide note. SoiT 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, Sfe3 aecrescendi.— ^ — The expectation of increase. Spoliatus debet apte omnia restitui,— ^-: — One who ia robbed, should, before all things, be restored (to his prop- erty). - Spondet peritiam artis.-^--^He pledges the sMD. of his craft. Spoitsalia. Marriage contractSr Ficfe nofe, Sponsio judicialis. — -^A judicial agreement. TjiL'W aliOSSAET. 601 SPOin*B-^ta. Things Voluntarily done. Spobtula. ^A largess : a present. Spuilsie. The taking away of an owner's effects without his consent. Stabitur huic prsesumptioni donee probetur in contrari- um. 1% will stand (agrfeeably) to this presunij^tion, until the contrary be proved. Stake deeisis.' " To abide by decisions :" to rest on decided cases. Stare decisis, et non quieta movere. To adherfe to decided cases, and not agitate matters which have been es- tablished. Staerum. A deed or contract. Vide note. " Stat fortuna improba noote Arridens nudiis 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 stUl 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 tyraint who governs ca- priciously. Statuimus ut omlies liberi homines foedere et Sacramen- to affirment, quod intra et extra universum tegnUm Angliae WilMlmo Regi domino suo fideles esse volunt ; tetras et Jionores illius omni fidelitate ubique servare cuOi eo, et con- tra inimicos et alienigenos defendere. " "We ordain that all freemen affirm by league and path, that they will be faithful to King William their Lord, as well within as with- out the whole realm o£ England ; and that they will every where p5fese*ve, with all fidelity, his lands and honors, and defend him against enemies and foreigners." This was tbie feudal oath of fideM^, or fealty, taken to Willmm the Conqueror. 502 LAW &LOSSAEY, Status The state : circumstance : condition : also the interest in lands. Statitta pro publico commodo late interpretantui*. • 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. Sf atutum de moneta. The act relating to the coin. Steelikgum. 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. Steiota et coarcta. Compressed and concise : " mid- turn in parvo." Steicti juris. Of strict right (or law). Steicti sensus. Of a precise meaning. Steiotissimi juris.— ^ — Of most rigid right (orlaw). Steicto jure. In strict law (or right). Suapte natura. In its own nature. SuAViTEE in modo, fortiter in r& Gentle in tiie man- ner, but vigorous in the execution. SUB-Boscus. Underwood. ' Sub chartsB expositions Under the declaration of the charter (or deed). SuBiNFEUDATiONES. " Sub-Fcuds." Fcuds given or LAW GLOSSARY, 503 granted by a donor or feoffor wlio held from a superior proprietor. Sub feudi interpositione. Under the interposition of the fee. StJBHASTATio. An auction sale among the Komans, where a spear was set up to denote the place of sale. SuBiTA radic^ retenta est ; stipit^ crurS 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, toUitur 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. SuBPCBNA ad testificandum. ^A subpoena to give evi- dence. SuBP(ENA 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. SuBSCEiPTlONE testium, non edicto Prastoris, 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 GLOSSAET. StTBSELiilA. Lower seats orbencltesfor inferior magis- trates. StrBSiDiUM justitise. 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, SuBTiLiTATE juris. By an evasion (or quirk) of law. Sub tutela et cura. Under wardship and protectioiL 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, wlio might be incapable of accom- pan3ring the King, or superior lord into the field ; or to perform the other services under which the tenants held their estates. Vide note. SuFFiciT 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 StrGGBano 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 seivit in summo, probatur hoc modo ; sapientia advocati manifestatur in tribus ; unum, quod ob- iineat omnia contra judicemjustum, et gapientem; secun- do, quod contra adversarium astutum et sagacem ; tertio, quod in causa desperata ; sed beatissima virgo contra judi- cem Bapientissimum dominum; contra adversarium cali- dissimum diabolum, in causa nostra desperata, sentenitiam oblatam obtinuit. The consummation of the praise of the uneducated virgin (mother) of Christ (a divine, rather than a human work) Qu. 48, § 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 particulaTS, cfirst that he ob- tain all things against a wise and just judge ; secondly, against a subtle and sagacious opponent ; thirdly, in a des- peraite cause ; but the blessed virgin procured a decisive judgment firom the wisest judge, the Lord, against the most crafty opponent, the devil, in our hopeless cause." THs is one, of many, of the innumerable specimens of the superstition of some of the writers in the middle ages. SuMMA et maxima seouritas, per quam omnes statu fir- missimo sustinentur, qu» 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 of ten years," &c. SuMMONEAS ad ausdliandum. That you summon to assist. 506 LAW GLOSSARY. SUMMOHTEAS 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 formulae, de omnibus rebus constitutse, ne quis aut in genere injurise, aut in ration^ actionis, errare possit. Expressse enim sunt ex uniuscujusque damno, do- lore, incommodo, calamitate, injuria, publicse k 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 CompodtcB^^ &o Sunt qusedam brevia formata super certis casibus de cursu, et de communi consili totius regni approbata et con- cessa, quse quidem nuUatenus mutari poterint, absque con- sensu, et voluntate eorum. ^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. SuPERONEEAViT. He surcharged. Supersedeas. " You may remove or set aside." A Tmt so called to stay proceedings. Supersedeas, quia improvide emanavit. That it be superseded, because it improvidently issued. LAW GLOSSAJiy. 507 Super se susceperunt. They took upon themselves. Super subjectam materiam; " On thematter 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 client. 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. SUPEA 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. Sue 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. Vide Black. Comm. Suedre. 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. SusPENDATUE per collum. " That he be hanged by 608 LAW GLOSSARY. the neck." These trords were abbreviated by tbe 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. Suuii ciiique incomniodum ferendum est, potius quam de alterius commodis detrahendum. Every man should bear his own inconvenieince rather than diminish the com- forts of another. SuuM cuique tribuere. — —To give each his oWn. Suus hseres. A proper heir. Strrrs judex. A proper judge. StJZEKEllir; ' A crown vassal. Swain mote. A court which inquired idto oflfenced or grievances committed by officers of the forest, etc. SwoLiNG. A plough land. Syb and Son. Sax. Peace and security. SYLViE cseduse. "Outable 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. Vid. Bac. Ahr. tit. Tithes, c. n. 4. Gross wood does not mean high and large wood, laut* 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 /ns<. 462. Sylvestees. ^Living in woods. Syngeaph^. Certain deeds and bonds Used by the ancients. Vide note. SYNdH.—— Title of Saxoa national cotincfl. I/AW GLOSSABT. S09 NOTES TO S. Saobamentitm.— 'When the ancient Bomana engaged it a law suit, a sum of money uged to be deposited by loth parties, called Saceamentum, whioli fell to the successful party after the cause was determined. Vide Fesbts. Varro de Lai. ling. iv. 36: or a stipulation was made about the payment of a certain sum, called Sponsio. The plaintiff said, " Quando neoas huno rnNDUM ESSE MEUM? SACRAMENTO TE QUINQnAQENARIO PROVOOO ;" i. 6. " Why do you deny that this field belongs to me ; I pledge you to prove it, by de- positing fifty pieces" (of money). Sponbesne quingentos, so. nmrnmos vel asses, SI meus sit ? i. e. si meam esseproiavero. The defendant said, " Spon- beo quingentos si inns sit ?" Then the defendant required a correspondent stipulation from the plaintiff, thus, "Et tu spondesse quingentos, ni tuus sit?" i. e. siprdbawro tvmp, non esse. Then the plaintiff said, "Spondeo, ki 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 SaeraTneniiim, because it used to be expended on sacred rites ; but othera, because it served as an oath, 'iqiiod instar sacramenii, vel jurisjv/rcmdi esset," to convince the judges that the law suit was not imdertaken vrithout 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 wllhng to enable him. to fulfil the Sacramentum. Sacramentvm, is sometimes put for the suit or cause itself (pro ipsdpeii- iione), vide Gic. pro Coecin. 33. So sponsionem paceee, to institute a law- suit. Tide Cic. Quinct. viii. 26. The plaintiff was said " Sacramento vel sponsions provocare," &c. The defendant, " Contendere ex provooalione," &c. Tide Cic. pro Bosc. Com., 13, ie. The same form was used in claiming an inheritance (in h^eeditatis pe- rmoNE) ; in claiming servitudes, &e. But in the lotst, the action might be expressed both affirmatively and negatively, thus: " Aio jds esse vel non esse;" i. Oi "I demand whether it be law or not." SaltO contenemento sua — Lord Coke says that "Contenement," signi- fieth his "Countenance;" as the armor of a soldier is his Countenance; the books of a scholar are Ms Countenance, and the like. 2 Inst. 88. He also adds that " the Wainagivm 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. — Th6 holy absolution given by the Pope, or Eomish 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, "Pertriduwm ante portam castri, deposito omni regio cultw, miserabiliter, utpote discaiceatus, et kineis indutus ; peristens non prius crnn multwfletu apostolicce rrdserationis moAliv/m, et consolationtm imploranti destitit, quam omnes qui ibi aderant, et ad quos rumor itte pervenit, ad tanta/m pietatem, compassionem et misericordiam rruniH, ut pro eo multis precibua et lachrymis intercedentes ; omnes quidam msolitam nostra, mentis duritiem rnvra/reniur : nonnulli vera in nobis non apostolic 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 Bemh, LAW GLOSSARY. 511 and Common Pleas. The Exchequer Court is inferior in rank, not (nly 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, &0., must be hoard 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. ScANDALUM MAGNATUM. — ^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. SoiHE 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., 4;o. SooTia; LEGES, &o. — In former days the laws in the Highlands of Scotland, must have been extremely defective, and arbitrarily administered. Force probably was the arbitrator in rnost 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 eflects ; 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 everytliing that ended to diminish It. It has not been many years that the authority of any regular laws ex- tended to the Bighlands, Before that time, the clans were governed in their civil affairs, not by the verbal commands of their chief; but by what was called Cleohda, 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 family feuds, the chief was less reserved in the execution of his authority; but even then he seldom extended it to the taking the life of any of his tribe. No crilne was capital except murder ; and that was very unfrequent in the Highlands. It was seldom that any corporal punishment whatever was iu- fiicted. The memory of an affront of ihis 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. SCEIB.E. — Notaries, or Clerks. The Scribes among the ancient Romans, wrote out all the public accounts ; the laws and all the proceedings {acta) of the magistrates. Those who exercised that office, were said "scripium facere.'" "Vide Liv. xi. 46. They were denominated from the magistrates whom they attended, thus, " Scrib Quesiorii," "^dUitii," &c., and were divided into different " Decurice," whence decuriam emere, for munus scriice emere. Cic. Terr. iii. 79. This office was more honorable among the Greeks, than the Romans. Vide N^. Eum. 1. The Scribce at Some, however, were generally composed of freeborn citizens ; and they became so respectable, that their order is called by Gicero, " Honestus" qmd eorum fldei tabvice publiae, peri- cvlaque magistratwwm committuntwr. Cic. Verr. iii 79 — i.e. " HonoraWe," 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 GliOSSAET. waa said or done, {noiis excipiebant.) Vide Smt. M. 6S. These were differ- ent from the iSfcnJiB ; and were commonly slaves, or freedmen. Tide Dv>. \us gesi. Alfredi, ap. Gamd. Anglica, &o., p. 25 The ignorance of the clergy is ludicrously enough described by an author of the daj'k ages. " Palius dedUi LAW GLOSSABT. 519 galae qnam gloasae ; potius coUigunt librag, quam kgunt libroa ; KSenWiM in- taentur Martha^ quam Maroum ; maiimt legere in Salmone, quam in Solomone." Vide Alanus 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 boobs; they would rather ogle Martha than pore over Mark ; and would rather read in Salmone, than peruse the book of Soh- _ 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 recljon the scarcity of boolcs during that period. The Somans 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. Vide Murat. Antiq. Ital 3. 83,?. P. de Montfaucon affirms that the greater part of the MSS. which he had seen (those of a later date excepted) were written on parch- ment, from which some former writing had been erased. Vide Mem. de I'Acad. des Inscript. torn. 9, 325. Many of these are to be seen at the Raddiffe 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 miasaL Vide Murai's Antiq. vol. 9, 789. Lupus, Abbot otPerieres, in a letter to the Pope, A. D. 855, beseeches him to lend him a copy of Gicero. de Oratore, and Quintilian's Institution ; " for," says he " although we have parts of these books, there is no complete copy of them in all Prance." 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 Haimon, Bishop of Albersladt, two hundred sheep, five quarters of wheat, and the same quantity of rye and millet. Vide Histoire Liter, de France, par des Eeligienx Benedic- tins tom. 7, 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 ct)nsiderable penalty, to restore it. Vide GaJyr. Ndude. Addit. a V Histoire de Louis XI., par Comines, edit, de Fresnoy, tom. 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— Toa 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 Poggms, or I, do better — he, who to purchase a farm Hear Florence, sells Livy ,' or I, to purchase this look, 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 L/i/oy, without sub- jecting the scholar to sell his laud. 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 Gange voc "Crux," voL iii. p. 1191. From this circumstance, it is usual to say, "I signed " the bond, &c. This being the state of hterature, 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 fe-w 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 ardmce siue," i. e. "in order to obtain for- giveness for his sins." Vide Murat. vol. 3, p. 836. Hist. Lit. de France, torn. 6, p. 6. (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 papei" 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 militbs, Ac. — 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 Cic. de nat. b. ii. 3, (from this word "nuncupavit," it is evident we apply the word " nuncupative " to a verbal testament.) Smow^. — Simony. " Venditor rei sacrce," so called, it is said, from the re- (emblanfie it bears to the sin of Simon Magus. Though the purchasing of holy orders seems to approach near to this offence. Si itOBTno, &o. — In Cowelfs Interpreter, we find the following to be one of the customs of our ancestors, in relation to the state of widowhood. At laWglossaut. 521 East and West Enbome in BerTcaMre, (England,) if a oustomaTy 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 inoontinency, she forfeits her estate ; yet if she will come into court riding backwards upon a black ram, with the tail in her handj and repeat certain words, the Steward is bound by the custom to re- admit her to her free bench. Si Petens, Ac. — 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 plaintiflf'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 oHgin 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 HoiiiCT, &c. — ^Hospitality was so absolutely necessary in the state of society prevalent during the Middle Ages, that it was not then conadered aa 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. Germanicai. tips. 1733, p. 75. The laws of the Sclavi were more rigorous than any that he mentions ; they ordained " that the movables of an inhos- pitaile 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. " Quod noctu furaius fueris, eras appone hospitibus," 1 e. " What you steal at night set before your guests on the morrow." Tide Rerum Meclesburg, lib. viii. a Mat. Jo. Seehr lAps. 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 STSANGER SHOULD COME AOT) BEHOLD HIS CONTKAOTED SOUl." SOme of the Chiei^ were possessed of this hospitable disposition to an extravagant degree ; and the bards, perhaps, on a private account, never &iled 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 Chiefe ; on the contrary, they distinguished the inhospitable by the title of " THE CLOUD WHICH THE sTEANGEES SH0N." These last, howcvcr, were so un- common, that MacpTierson says, " In aU 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- sitm's poems by Macpherson, vol. ii. 9 in notis. SoLTTjimjE TABITLJE. — By the word " TaJivke,'' writings of every kind were called which could be of use to prove the charge in court, particularly ac- count books, {taJjiM accepti, et expensi,) letters, bills or bonds, {syngraphce,) £c. In a trial among the Somans 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 Cic. Verr. i. 23, 61, Balb. 6. The Romans were accustomed to make out their private accounts, tabulas, sc. accepti et expensi confkere, vel domesticas rationea scritere, i e. "to finish their 622 LAW GLOSSARY. accounts of debts and credits, or write out their domestic concerns," and keep them with great care ; many of them marked down the occurrences of each day, first in a note book, and then transcribed them into what we call a ledger (codex vel iabidce) which was preserved. Tide Cic. 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. Tide Gic. Terr. i. 23, 29. Rose. Com. 2, . de orig.jur.); whom many afterwards imitated, as Manilius, Crassus, Mucins, Scceoola, G. Aquilius, GaUus, Trebatim, Sul/piciiis, &c. Those who professed to give advice to all promiscuously, used to walk across the Forum ifransverso foro), and were applied to {ad eos adibatv/r) there, or at their own houses. Gic. Oral. iii. 333. Such as were celebrated for their knowledge in law, often had their doors beset with clients before day- break, vide Hor. Sat. i. 1, v. 9 ; their gate was open to all (cunctis janua paiebat), TibuU. J. 4, 78 ; and the house of an eminent lawyer was, as it were, the oracle of the whole city. Gic. de Orai. i. 45. Hence Cicero caUa their power Begnum judicale. Att. i. 1. The lawyer gave his answers from an elevated stool (ex solio, tanquam ex tripode. Vide Gic. de Legg. 1, 3. Oral. ii. 33, iii. 33. The client, commg up to him, said: "Licet consulere?" (i. e. "Is it proper to consult you?") The lawyer answered, " Gonsule" (consult). Vide Gic. pro Mur. 13. Then the matter was proposed, and an answer was returned very shortly, thus: " Qucero an existimes? vel, Idjiis est necnef" (I ask what is your opinion? or, Is that the law or not?) Secundum ea, quce proponuntur, existimo; placet; puto (l e. According as proposed, I judge ; it pleases me ; so I think). Vide Sor. Sat. ii. 3, 192. Lawyers gave their opinion either vivd wee or in writ- ing : commonly, without any reason annexed. Vide Senec. Ep. 94. Sometimes, in difficult cases, the lawyers used to meet near the Temple of Apollo in the Forma (Juv. i. 128), and after deliberating together, which was LAWGLOSSART. 551 called "Disputatio Jbn'," they pronounced a joint opinion. Hejice what was determined by the lawyers, and adopted by custom, was called Serepta sen- tentia (a received opinion) ; Secepium jus (an accepted law) ; Seceptum mos (a received custom) ; Post multas variationes rec^iwm (allowed after consid' erable discussion); and the rules observed in legal transactions, by their consent, were called Segvks juris (the rules of law). When the laws or edicts of the Proetor seemed defective, the lawyers sup- plied what was wanting in both from natural equity ; and their opinions in process of time, some authors assert, obtained the authority of laws. Hence lawyers were not only called " Interprdes," but also " Gomlitores et Auciores juris" (the founders and authors of the law). Vide Digest. : and their opin- ions, "Jus civile" (the civil law). Tide Gicpro Ccecin. 24, de Offic. iii. 16; opposed to "Leges" (Csecin. 26). TuTELA LEGiTDfA. — Any father of a family among the ancient Eomans might leave whom he pleased as guardians {tutores) to his children. lAv. i. 34. But if he died intestate, this charge devolved by law upon the nearest relation by the father's side. This law has been generally blamed, as in later times it gave occasion to many frauds in prejudice of wards, vide Mor. Sat. ii. 5, and Juv. Sat. vi. 38. It was said, " Quasi agnum committere lupo" (like giving the care of the lamb to the wolf). 'Where there was no guard- ian by testament, nor a legal one, then a guardian was appointed to minora and to women by the Prcetor, and the majority dfthe Tribunes of the people by the Atilian law. But this law was afterwards changed. Among the an- cient Somans, women could not transact any private business of importance without the concuij-enee of their parents, husbands, or guardians. Liv. xrxiv. 2. And a husband, at his death, might appoint a guardian for his wife, as well as to his daughter ; or leave her the choice of her own guard- ians. Liv. YXYiy. 9. If any guardian did not discharge his duty properly, or defrauded his pupil, there was an action against him (judicium tuteltwo ju- rors up to twelve. Vide " Oompurgatores.^'' XJt atatuta ilia, et omnes articulos in eisdem contentps, in singulis locis ubi expedire viderit, publice proclamari ; et fixmiter teneri ; et observari faciat. ^That he cause those statutes, and all the articles in them coiitg,ined, to be publicly proclaimed in fill those places where he should see fit ; and be firmly held, and obeyed. NOTES TO ,U. TjBl Qtrrs uxOB?iM,,&c.: — Dower at the common law was more general be- fore the doctrine oi Uses and Trusts had deprived many widows of their dower. Terms of years, even when the purposes for .which they were raised are satisfied,- 3,re now sometimes (where regularly assigned in trust to attend the fee) made use of as a protection against dower, although the proprietor has, in all other respects, a dear fee simple. Vide Sugden, Pres- ton, &c. TJltimijs HiERES. — The last Heir : he to whom the land comes by escheat, for want of lawful heirs. This is in some cases the lord of whom they ar& held ; but, in others, the King is the uUimus haares. Vide Bract, lib vii. c. 17. TTNTTSQinsQUE PER PARES, ftc^It was a fundamental principle in the feudal poUoy, that no freeman could be subjected to new laws, unless by his own consent. In consequence of this, the vassals of every Baron were called to his court, in which there were established, by mutual consent, such regulations as they deemed most beneficial to their small society ; and granted their superior such supplies of money as were proportioned to their abiUties, or his wants. As the superior lord, according to the originaJ plan of the feudal system, retained the direct or ultimate property of those lands, which he granted in temporary possession to his vassals, the law, even aftei flefe became, hereditary, still supposed the original practice to exist. tJsuCAPTio, signified in the Jloman law, when any one obtained the prop erty of a thing, by possessing it for a certain time without interruption, ac cording to the law of the Twelve Tables ; for two years, if it were a farm or immovable ; and for one year, if the thing was movable. Ut usus auctori las, i. e. " occupation gives title." Jus dominii, quod usu paratar fundi Men- niwrij, coeterarum rerum anrms usus esset," i. e. "the right of inheritance which is acquired in a farm by two years' use, and in all other things by one year's possession." Vide Flin. Ep. v. i. But this took place only among citizens, for adverms hostem, i. e. peregrinum eeterna auctoritas erai, Cic. Off. i. 12: i. e. " law went against an enemy, i. e. a stranger, as an enduring bar." Bes semper iiindicari poterat a peregrino, et nunqua/m imt capi, i e. " things could at all times be taken from a foreigner, and at no time could he gain prescriptive title." Hence, Cicero says, " Nihil mortales a diis ksm capere posswni," i. e. ".men could not hpld against the gods by prescriptive title " LAW GLOSSAEY. 561 If there was any interraption in the possession, it was called "vsurpatio," which, in country faxms, seems to have been by breaking off the shoot of a tree. Vide Oic. de Orat iii. 28. But, afterwards, a longer time was neces- sary to constitute prescription, especially in the provinces : namely, ten years among those who were present ; and twenty years among those who were absent ; sometimes a length of time was required beyond remembrance. This method of acquired property by possession was called " hngce possessio- nis proerogativa, yel prescripiio," (i. e. the prerogative or prescription of long possession). The time necessary to acquire a prescriptive right to real prop- erty, at this day, is different in different countries. TTsuEiA coifTBA NATURAM, &c. — The interest of money was called by the Eomans, " i^EKJis " vel " Jfentts, Usura" " Merces," " J^Vioto," vel " /mpen- dium:" the capital " Cvput," or '^ Sors," also "Fcemis," which is sometimes put for the principal as well as the interest. When one As was paid monthly, for the use of a hundred, it was called usura centesima, because in a hundred months the interest equalled the capital. This we call twelve per cent per annum, as Plin. " duodenis assibus debere vel mviuari" (i. e. to owe or borrow at twelve per cent.) Ep. x. 62. v. 55. Gentesimits computare. Id. ix. 28, which was usually the legal interest at Some, at least towards the end of the Eepublic, and under the first Emperors. Sometimes the double of this was exacted, " bims centesimee," twenty-four per cent. ; and even forty-eight per cent. Tide Cic Verr. iii. 10. Horace mentions one who demanded sixty per cent. " Quinas hie capiti mercedes exsecat, i. e. quintuplices usuras exigit, vel quints centesimis faenerat, i. e. " he takes five interests for the capital," or " he exacts quintuple usury or loans at five centages." Vide Sat. L 2, 14. After the death of Antony and Cleopatra, A. U. 795, the interest of money at Borne fell from twelve to four per cent. Dio. IL 21. The Romans commonly paid money by the intervention of a banker, " in foro et de mensie scriptura, magis qvam ex area domoque vel cista pecunia nu- meirabatur," (i. e. at the bank, and by an accountant, more than from the chest, house, or scrutoire), whose account books of debtor and creditor (to6u- Ice vel codices accepti, et expensi; mensai rationes), were kept with great care, hence cuxeptum refevre, vide Cic., and «,mongst later writers, " acceptum ferre" (to mark with the debtor as received) ; " Expensum ferre" (to mark down on the creditor side). " Batio accepti alque expensi, inter nos convenit," (i. e. the sum of debt and credit between us agrees). Vide Plaut. In rationem in- ducere (to state on account). There appears to have been considerable cruelty exercised towards Soman citizens by the race of usurers ; perhaps more than is practiced at the pres- ent day in money matters. The student will observe, on reading Terence's Comedies, what odium was attached to usury ; but the shafts of ridiculo strike with feeble effect on hearts made callous by avarice. Cato reprobated usury " Cum ille, dixisset, Quid faeneirari? Turn Cato, Quid hominem, inquil occidere,'" i. «. "When (the borrower) said, How will you lend at usury? Then Cato answered, What, would you kill the man ?" Vide Cic. Off. By the law of the Twelve Tables, it was ordained that insolvent debtors should be given up (addicerentur) to their creditors, to be bound in fettei s and cords (compedibus et nervis); whence they were called " nexi, obcerati, el addicii" (which see) ; and though they did not entirely lose the rights of freemen, yet they were in actual slavery, and often treated more harshly than even slaves themselves. Liv. ii. 23. If any one was indebted to several persons, and could not find a cautionei {vindex, vel compromissor), within sixty days, his body, literally, according to some ; but, perhaps more probably, according to others, his effects might be cut into pieces (seeari), and divided among his creditors. Vide A. GeU. XX. 1 . Thus " Sectio" is put for the purchase of the whole booty of any place, or of the whole effects of a proscribed or condemned person, vide Cic. Phil, ii 36 562 LAW GLOSSAET, 26 ; or for the booty or goods themselves. And " Seciores" for the purchas- ers, vide Ascon. in Cic. Verr. i. 23 ; because they made profit by selling them in parts (a seco). Hence, " Sectores collorum et bonorwm, i. e. qui proscripioa occidebant et bona eorum emebani" (Cic. Rose. Am. 29), L e. "Dividers of neck and goods, i. e. "those who slew proscribed persons, and sold their goods." To check the cruelty of usurers, a law was made, A. TJ. 429, whereby it was provided that no debtor should be kept in irons or bonds ; that the goods of the debtor, and not his person, should be delivered up to his cred- itor. Vide Liv. viii. 28. But the people not being satisfied with this, often afterwards demanded an entire abolition of debts, which they used to call "New Tables." But this does not appear to have been ever granted them. At one time, indeed, by a law passed by Vaieriits I'laccm, silver was paid with brass, as it is expressed, SaMust. Cat. 33 ; that is," the fourth part of the debt only was paid. Vide Veil. ii. 23. Julius Caesar, after his victory in the civil war, enacted something of the same kind. Vide Cces. Bell. Civ. iii. 1. TTSUEIA DiciTiTR QUASI IGNIS URENS. — In the Middle Ages, the Lombards (a name frequently given to all Italian merchants in many parts of Europe), engrossed the trade of every kingdom in which they settled ; and they be- came masters of the greater part of its cash. Money, of course, was in their hands npt only a sign of the value of all other commodities, but became an object of commerce itself They dealt largely as bankers. The business of a broker, a person who lent out money at interest, was for many ages con- sidered detestable, originating, no doubt, from the strong language of the Mosaic law, and some passages 'in the Psalms of David. It is very probable the words in the text had reference to the enormous usury taken in the Middle Ages, which was frequently excessively cruel. In an Ordonnance, 1295, we find those brokers or usurers styled "Mercatores" and " Campsores." They carried on their commerce with somewhat of that rapacious spirit which is natural to monopolizers, who are not restrained by the competition of rival trades, and are destitute of every honorable principle. The fathers of the Church had preposterously applied the prohibition of usury in the Scripture to the payment of any interest ; and condemned it as a sin : it is true the Mosaic law forbade the taking of usury or interest by one Jew from another ; however, the Schoolmen, led on by Aristotle, whose sentiments they fol- lowed implicitly, and without examination, adopted the same error, and en- forced it. Thus the Lombards found themselves engaged in a traffic which was every- where deemed cruel and odious. They were liable to punishment, if de- tected, and, consequently, were not satisfied with that moderate premium which they might have honestly claimed, if their trade had been opened and authorized by law. They exacted a sum proportioned to the danger, and also the risk of discovery. Accordingly, we find it was usual for them to demand twenty -per cent, for the use of the money in the thirteenth century. Vide Marat. Antiq. Ital vol. 1 p. 893. About the beginning of that century the Countess of Flanders was obliged to borrow money in order to pay her husband's ransom ; she procured the sum necessary, and the lowest usury she paid was twenty per cent. : and some of them exacted nearly thu1;y per cent. Vide Marten & Durand. Thesaur. Anecdotorum, vol i. 886. In the fourteenth century, A. D. 1311, Philip the Fourth fixed the interest which might bo legally exacted in the fairs of Champagne, at twenty per cent. Vide Ordon. torn. i. 484. The interest of money in Arragon was somewhat lower. As late as tlie year 1490, it appears that the interest of money in Flacentia was at the rate of forty per cent. This is the more extraordinary, because at that time the commerce of the Italian states was become consid- erable. Charles the Twelfth fixed the interest in the low countries at twelve per cent. It was complained of at that time as having a pernicious affect on LAW GLOSSARY. 563 agriculture and commerce. The Lombards -were likewise established hi England, in the thirteenth century, and a considerable street in the city of London still bears their name. They enjoyed great privileges, and carried on an extensive commerce, particularly as bankers. After the interest of money had for many years fluctuated in England, at last it was enacted by a most excellent statute, made in Queen Anne's reign, that it should not exceed five per cent, which has been the legal interest ttiere ever«ince, though it is very often lent at a lower rate. This wise law of Queen Anne is, however, shame- fully evaded by the abominable practice of purchasing life annuities, in which there is little risk of losing the principal, while the interest paid is often enormous. In ancient times, if any one after his death was found to have been a usurer, all his goods and chattels were forfeited to the King. Utiles esse opiniones, &c. — Although it would be next to impossible in civil and criminal cases, to dispense with the solemn obligation of an oath, as a general bond to speak the truth, in the presence of an omniscient Crea- tor ; yet it has been considered by many reflecting and judicious persons that the multiplication of oaths, which has been so customary during the last century, has rendered them far less sacred in public estimation than formerly : nothing is more pernicious to morals than the too frequent exac- tion of oaths, which is now usual on the most trifling occasions. Indeed, when we observe how frequently, in every political and civil business, the strongest oath is taken, we cannot but consider that those solemn ideas which every person should feel, when he takes an oath, are gradually weak- ened, till at length its frequency bids fair to obliterate all consciousness of the obligation. Livy informs us tliat the sanctity of an oath {Jides et jusjwran- dwm,) had more influence with the ancient Bomans than the fear of laws and punishments. Liv. i. 21. ii. 45. They did not, he says, as in after times, when a neglect of religion prevailed, by interpretations, adapt an oath and the laws to themselves, but every one conformed his own conduct to his oath. Liv. iii. 20, ii. 32, &c Utrum fettdum, &c. — It sometimes happened that a dispute arose whether lands were subject to tithes, and feudal services, or not; if they belonged to a Church or a Monastery, they were free of tithes; and probably of all other feudal burdens. V. Vacantia bona. Property in whicli no one claims an ownership. Vacatur. ^It is set aside : vacated. Vaccillantes literate. Letters written witli a trem- oling hand. Vachivia. Anciently. A dairy. Vadelect-^ In old English law. A serrant. Vadiatio duelli. ^Wager of battle. 564 LAW GLOSSAET. Vadiatio legis. ^Wager of law. Vadimonium deserere. ^To forfeit his recognizance. Vadium mortutun. A dead pledge: a mortgage. Vide note to " Mmigagium" Vadium viTum. A living pledge : as an ox, &c. Vadum. ^A fording-place. Valeat quantum valere potest. " Let it prevail as far as possible," Let the argument pass for what it is worth. Validioea sunt exempla quam verba, et plenius opere dooetur quam Toce. ^Examples are stronger than argu- ments ; and instruction can be given better by precedent than by language. Valob beneficiorum. The value (or assessment) of the benefices. Valor maritagii. " The value of a marriage." In the feudal times, the Barons often received money on the marriage of their wards. Fi'cfe note. Valvasoe. A vassal occupyiag the second rank. Vana est iUa potentia quae nunquam venit in actum. ^That power is useless which never comes into ac- tion. Vana quoque ad veros accessit fama timores. ^Idle rumors were often added to well-founded apprehensions. Vaeda. ^In old English. Guardianship. Vas. A pledge. Vassaleeia. The tenure or holding of vassals. Vassallus. A Tenant : a Vassal : a . Feudatory. Yid& note. Vassallus qui abnegavit feudum, ejusve conditionem, expoliabitur. A vassal who has disowned his fee, or (denied) his covenant, shall be deprived (of his land). Yida note. Vastum. ^Waste. Tide note. Vavasobs. ^An ancient name of dignity next below a peer. Tide noie. LAW GLOSSABY. 565 Vea