(flnrupU ilatu iriynnl ICibrary 
 
Cornell University Library 
 KF 156.S85G4 
 
 Glossary of technical terms iphrases 
 
 3 1924 022 835 593 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
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GLOSSARY 
 
 OP 
 
 TECHNICAL TERMS, PHRASES, AND MAXIMS 
 
 OF THE 
 
 COMMON LAW. 
 
 BT 
 
 FREDERIC JESUP STIMSON. 
 
 BOSTON: 
 
 LITTLE, BROWN, AND COMPANY. 
 
 1881. 
 
-Copyright, 1881, 
 By Little, Bbown, and Comfant. 
 
 TJniveksitt Pkess : 
 John Wilsoh add Son, Gaubkidob. 
 
NOTE. 
 
 This book is the resvilt of an attempt to produce a concise 
 Law Dictionaiy, giving in common English an explanation 
 of the words and phrases, English as well as Saxon, Latin, or 
 French, which are of common technical use in the law. It 
 is not a compilation of law, like the larger dictionaries, but 
 consists purely of definition. Only such cirQ law, canon law, 
 or Scotch terms have been introduced as are often used in 
 the common-law courts. The writer has sought to give the 
 popular and usual acceptation of each phrase, in much the 
 same rough and general shape in which it would stand in 
 the mind of the trained lawyer ; only occasionally adding a 
 hint of its more correct and exact meaning. More definite 
 information must then be sought in the text-books. Unless 
 otherwise mentioned, the definition is given according to the 
 common law of England ; and the date or present existence of 
 the thing defined is only roughly indicated by the tense. 
 
 It has been impossible within the limits assigned to make 
 the book exhaustive ; but it is hoped that a judicious selection 
 has been made of the more important catchwords, writs, courts, 
 and maxims; and that, in seeking to compress the greatest 
 amount of matter in the smallest possible space, the author has 
 been concise, without being inaccurate and obscure. 
 
IV NOTE. 
 
 Tke black-faced type is used for all terms defined under 
 the present caption ; the Italic is always used for reference, 
 not emphasis. Thus the frequent use of abbreviations like 
 "v.," "see," and " q. v." is avoided. The reader is desired 
 always to refer to a term so Italicized, under the proper cap- 
 tion, as it will frequently be found to complete or modify 
 the present definition. Literal translations, followed by expla- 
 nations, are put in parentheses ; paraphrases or explana- 
 tory additions, in brackets. The words of the captions are 
 English unless otherwise indicated, and different spellings in 
 the same language follow without a capital letter. Thus, 
 Gablum, I., Gabel, gavel, Gafol, sax. . gabel and gavel are the 
 English forms, gablum the law Latin, and gafol the Saxon. 
 Sometimes, to gain space, different words from the same root, 
 as the noun and the verb, are put in the same paragraph ; so, 
 phrases beginning with the caption word. But when the word 
 is found in different languages and begins very many phrases, 
 "it is otherwise ; thus, the French, English, and Latin in begin 
 each a separate paragraph. 
 
 Boston, February 21, 1881. 
 
GLOSSARY OF LAW TERMS. 
 
 A, ad.yj-. Has (from avoir, aver). 
 
 A, ab, A From; by; of; witli; in; at. A cancellis: the Chan- 
 cellor. A ccelo usque ad centrum : from the heavens to the 
 centre of the earth. A communi observantia non est re- 
 cedendum : there should be no departure from common obser- 
 vance. A consiliis : of counsel ; a counsellor. A contrario 
 sensu : on the other hand ; in the opposite sense. A fortiori : 
 by a stronger reason. A jure suo cadunt : they fall from 
 (lose) their right. Applied to cases of loss of property by aban- 
 donment. A latere: collateral. A me: from me. A term 
 used in grants expressing tenure by the grantee directly of the 
 superior lord; opposed to de me, expressing tenure by the 
 grantee of the grantor. A mensa et tboro : from bed and 
 board. A morte testatoris : from the testator's death. A 
 non domino : by one not the owner. A non posse ad non 
 esse sequitur argumeutum necessarie negative, licet 
 non affirmative : from the impossibility of a thing you may 
 infer its nonexistence ; but not, from the possibility of a thing, 
 its existence. A piratis et latronibus capta dominium 
 non mutant: things taken by pirates or robbers do not 
 change their ownership. A posteriori : applied to an argu- 
 ment founded on observation or experiment. The term a pri- 
 ori is used of such arguments as rest on analogy or abstract 
 considerations. A quo : from which. The Court a quo is the 
 court from which a cause has been removed to a higher court, 
 which latter is called the Court ad quern. A quo invito 
 
2 A — ABATAMENTUM 
 
 aliquid exigi potest : from whom something may be exacted 
 against his will. The definition of a debtor in perfect obligation. 
 A retro: behind; in arrear. A tempore oujus oontrarii 
 memoria non ezistit : from time of which there exists not 
 memory to the contrary. A verbis legis non est receden- 
 dum : there should be no departure from the words of the law. 
 A vinculo matrimonii : from the bond of marriage. A divorce 
 which completely dissolves the marriage tie. 
 k,fr. At ; to ; with ; in ; for ; by. A aver et tener : to have and 
 to hold. A causa de cy : for this reason. A ce : for this 
 purpose. A fine force : of pure necessity. A large : at large ; 
 free. A I'impossible riul n'est tenu : no one is bound to do 
 what is impossible. A pais : to the country ; at issue. A 
 prendre : to take ; v. Profits a Prendre. A rendre : to render, 
 yield ; v. Profits a rendre. A savoir, k saver : to know ; to wit. 
 A terme : for a term, for the term. A tort : wrongfully. 
 Ab, I. v. A. Ab actis, I. A notary ; a registrar. Ab agendo : 
 unable to act. Ab ante : in advance. Ab antique : of old. 
 Ab assuetis non fit injuria : from things to which we are 
 used, no legal wrong arises. Ab extra : from without. Ab 
 inconvenienti : from what is inconvenient, or improper; v. 
 Argumentum. Ab inde : from that time forward ; thence. Ab 
 initio: from the beginning. Ab intestate: from an intes- 
 tate ; used of property acquired from one dying without a wiU. 
 Ab invito: unwillingly, by or from an unwilling person. 
 Ab olim: of old. 
 Abactor, /. A cattle-stealer. 
 
 Abandonment. Desertion ; surrender ; relinquishment of prop- 
 erty ; as when an insured person makes over his rights . in the 
 goods to the insurer. 
 Abarnare, /. To detect or disclose a crime. 
 Abatamentum, I., or Abatement. (A making less ; a destroy- 
 ing.) Of a nuisance, when the party injured removes or de- 
 stroys it. Of freehold, when a stranger enters, and keeps 
 possession of, lands, after the death of the person last seised, and 
 before the entry of the person next entitled. Of legacies, 
 when there are not assets to pay all debts or legacies in fuU ; in 
 like manner, there is abatement of debts among creditors. Of a 
 suit, when it is determined for want of proper parties, as by 
 
ABATRE — ABSOLUTE 3 
 
 death, marriage, or bankruptcy ; or by Pleas in abatement : 
 these are pleas which only suspend the right to sue ; or they de- 
 feat a particular action without affecting the right; v. Plea. 
 
 Abatre, abbatre, abater, fr. To abate, throw down, or destroy. 
 
 Abatre maison : to raze a house. Abatus per vent : thrown 
 down by the wind. 
 
 Abbaiaunce, abbeiizance. Abeyance. 
 
 Abbrocameutum, /., Abbrochment. The forestalling of a 
 market ; buying up at wholesale aU the goods, to sell at retail. 
 
 Abcariare, I. To carry away. 
 
 Abdite latet, I. He lies hid. 
 
 Abducere, l. To carry away a human being. Abduxit, he car- 
 ried away. 
 
 Abduction. The forcible or fraudulent carrying away of a wife, 
 child, or female servant. 
 
 Abearance. Behavior; carriage. 
 
 Abere-murder, sax. Wilful murder. 
 
 Abet. To aid or encourage. An abettor is presejit at the crime ; 
 an accessary is concerned in it either before or after. 
 
 Abeyance, fr. Expectation. An estate is in abeyance when 
 there is no certain person living in whom it can vest. 
 
 Abiding by. In Scotch law, the judicial declaration of a party 
 that he abides by a deed which has been attacked as forged, at 
 his peril. 
 
 Abigeat. The crime of stealing cattle by driving them away in 
 herds. 
 
 Abishersing. Immunity from, being quit of, amerciaments. 
 
 Abjuration of the Kealm. Anciently a person accused of any 
 crime, except treason or sacrilege, who took refuge in a church 
 or other sanctuary, might save his life by confessing his offence 
 and swearing to forsake the realm. 
 
 Abnormal. A term applied to law affecting persons not under 
 natural relations or conditions, as if insane or under age ; the law 
 of persons ; v. Normal. 
 
 Abroachment, v. Abbrochment. 
 
 Absolute. Unconditional ; complete in itself; not relative ; final. 
 Absolute conveyance : one without condition or qualification. 
 Absolute estate : one subject to no condition. Rule abso- 
 lute : in English practice, an order or judgment of court to be 
 
4 ABSOLUTE — ACCEPTANCE 
 
 carried immediately and unconditionally into effect; distinguished 
 from a rule nisi, which is not to be carried into effect unless no 
 cause be shown against it. A rule nisi, on being confirmed at the 
 hearing, becomes absolute. Absolute -warrandice : in Scotch 
 practice, warranty against all the world. 
 
 Absolutum et directum dominium, I. Entire and right owner- 
 ship. 
 
 Absque, I. Without. Absque aliquo inde reddendo (with- 
 out rendering anything therefrom) : without reserving any rent. 
 Absque hoc : without this ; v. Traverse. Absque impeti- 
 tione vasti : without impeachment of waste, without Kability for 
 permissive waste. Absque tali causa : without such cause ; 
 T. Be injuria. Abstract of Fine ; v. Fine. Abstract of 
 Fleas : a short statement of the pleas a defendant intended to 
 plead, attached to the summons for leave to plead several pleas. 
 In English practice, and now .obsolete. Abstract of title: a 
 siort statement of the grants, devises, and incumbrances affect- 
 ing property, on which the title depends. 
 
 Abundans cautela non nocet, I. Plenty of care does no harm. 
 
 Abuttals. The bounds of land. The sides adjoin, the ends abut 
 on, surrounding land. 
 
 Ac etiam, /. And also. Ac etiam billse : and also to a bill. 
 In English practice, in the K. B., words used to introduce the 
 real cause of action in cases where it was necessary to allege a 
 fictitious cause to give the court jurisdiction; v. Bill, 1, 8. 
 Ac si : as if. 
 
 Ace, Accord.,^)-. Abbreviations of accordant, agreeing. 
 
 Accapitare, /. To do homage to a chief lord on taking a feud. 
 
 Accapitum, /. The relief money payable to a chief lord. 
 
 Accedas ad curiam, I. (That you go to the court.) An English 
 common-law writ to remove a cause from an inferior court not of 
 record to one of the higher courts. 
 
 Acceptance. 1. The agreement to pay a bill of exchange, made 
 by. the drawee when the bill is presented, as by writing his name 
 on the face. Acceptance supra protest or for honor : an 
 acceptance made by some friend of the drawer or indorser of a 
 bill, when the drawee has refused to accept, by which the ac- 
 ceptor becomes liable if the drawee does not pay at maturity. 
 2. v. Receipt. 
 
ACCEPTARE — ACCREDULITARE 5 
 
 Acceptare, I. To accept. Acceptavit : lie accepted. 
 
 Aoceptilatlo, I. Acoeptilation ; the verbal release of a debt, by 
 declaring it paid when it has not been paid. 
 
 Acceptor, v. JSill, III. 4. The drawee or other persons accepting 
 abilL 
 
 Accessio, /. Accession ; a mode of acquiring property by natural 
 increase, or addition to what one already possesses ; as land, by 
 deposit of a river ; or houses, when built on one's own land ; or 
 the young of animals. 
 
 Accessory, accessary. 1. That which is incident or subordinate 
 to something else, called its principal. 2. v. Abet. Accesso- 
 riutn non ducit sed sequitur suum principale (the ac- 
 cessory does not lead, but follows its principal) : the incident 
 shaU pass by grant of the principal, but not the principal by 
 grant of the incident. Accessoriuta sequitur naturam rei 
 cui accedit : the accessory follows the nature of that to which 
 it relates. The spelling accessary is reserved for the second 
 meaning. 
 
 Accion sur le case,/r. Action on the case. 
 
 Accomenda, ital. The contract between the owner of property 
 and the master of a vessel, when the latter is to sell the goods 
 on joint account and share the profits. 
 
 Accommodation paper. Notes or bills made, accepted, or in- 
 dorsed by one person for another without consideration. 
 
 Accomplice. Any person concerned in a crime, whether principal 
 or accessary. 
 
 Accompt. V. Account. 
 
 Accord. T. Ace. 
 
 Accord. An agreement between two persons in settlement of a 
 claim which one of them has against the other. When performed, 
 it is called accord and satisfaction, and is a bar to all actions 
 upon that claim. 
 
 Account. An obsolete common-law action to compel a person to 
 render an account and enforce settlement thereof. Account 
 current : an open account. Accoimt stated : an account bal- 
 anced, which is considered accepted after a reasonable time. 
 
 Aocouple,/;-. Married. 
 
 Accredulitare, I. To purge one's self of an offence by oath ; v. 
 Purgatio7t. 
 
b ACCRETION — ACTIO 
 
 Accretion. The increase of land by natural causes. 
 
 Accroach. To exercise power without authority. 
 
 Accusare nemo se debet, nisi coram Deo, /. No one is bound 
 to accuse himself, except before God. 
 
 Accusator post rationabile tempus non est audiendus, nisi 
 se bene de omissione excusaverit, I. An accuser should 
 not be heard after a reasonable time, unless he has satisfactorily 
 explained his delay. 
 
 Achat, achate, /r. A purchase or bargain. 
 
 Acknowledgment-money. Money paid in some, parts of Eng- 
 land by copyhold tenants to the new lord on the death of the old. 
 
 Acquest. Property acquired newly, or by purchase. 
 
 Acquets,/^. Property acquired otherwise than by descent ; profits 
 or gains of property as between husband and wife. 
 
 Acquietandis plegiis, /. A common-law writ formerly lying for 
 the surety against a creditor who refused to acquit him after 
 the debt was paid. 
 
 Acquietantia, I. An acquittance ; a release. 
 
 Acquietare, I. To acquit. Acquietatus : acquitted by a jury. 
 
 Acquittance. The discharge of a debt or obligation in writing. 
 A release is a similar discharge under seal. 
 
 Acre fight. A camp fight ; an ancient duel fought between the 
 English and Scotch, in an open field. 
 
 Act of bankruptcy : an act for which a debtor may legally be 
 adjudged bankrupt. Act in pais : an act out of court. Act 
 of God : an occurrence which a man cannot foresee or prevent. 
 Act of settlement : the 12 & 13 Will. III. c. 2, by which the 
 Crown was limited to the present royal family. Act of su- 
 premacy : the 1 EUz. c. 1, by which the supremacy of the 
 Crown in matters ecclesiastical was established. Acts of uni- 
 formity : the 1 Eliz. c. 2, and 13 & 14 Car. II. c. 4, by which 
 the pubUc worship of the Church of England is regulated. 
 
 Acta, I., A.ctea, fr. Acts, records, transactions. Acta exteriora 
 indicant interiora secreta (outward acts show inward se- 
 crets) : acts indicate the intention. 
 
 Actio, I. An action ; cause. Actio ex contractu : an action 
 based on contract ; ex delicto, on tort. Actio in personam, 
 against the person ; in rem, against the thing, or property ; v. 
 Ad rem. Actio mixta: against both person and property. 
 
ACTIO — ACTION 7 
 
 Actio nominata : a named action ; an action where there was a 
 writ de cursu, existing before Westmimter II. ; v. Trespass, Case, 
 Action. Actio non, Actionem non : words anciently begin- 
 ning a special plea, averring that the plaintiff ought not to main- 
 tain his action. Actio non accrevit infra sez annos : the 
 (plaintiff's) claim did not accrue within six years. Actio non 
 datur non damniiicato : no action is given to one who is not 
 injured. Actio personalis moritur cum persona: a per- 
 sonal right of action dies vrith the person. 
 
 Action. The legal demand of one's right. Ancestral action : 
 one brought to recover land, relying on the seisin or possession 
 of an ancestor. Civil action: one to enforce a private right. 
 Droitural action : an action brought upon the right, to deter- 
 mine the title, as distinguished from possessory actions. Ficti- 
 tious or feigned action : one brought to settle a point of law, 
 there being no real controversy. Formed action : one for which 
 a set form of words is prescribed, Actio nominata. Local ac- 
 tion : one which must be brought in a particular place, not tran- 
 sitory. Mixed action: one in which both damages are sought, 
 and the recovery of real property. Penal action : one brought 
 to enforce or recover a penalty. Personal action : brought to 
 recover money, damages, or other personal property. Petitory 
 action : one determining the title, droitural. Popular action : 
 one which may be brought by any person for breach of a penal 
 statute. Possessory action : one brought to recover posses- 
 sion, without necessarily determining the right. Real action : 
 one brought to recover real property, obsolete except in a few 
 States. Rescissory action : in Scotch law, one brought to 
 avoid a deed or other instrument. Qui tarn action : & popular 
 action, brought on behalf of the sovereign and the informer. 
 Transitory action : one which may be brought in any county, 
 with any venire; not local. Plea to the action of the -writ : 
 one which went to show that the plaintiff had no cause to have 
 the writ he brought ; v. Plea. Action upon the case : an 
 action so called because the plaintiffs whole case was set forth 
 in the writ, there being no original writ to cover his cause 
 of action. A remedy given by the Statute of Westminster II. 
 in cases which were similar (in consimili casu) to those cov- 
 ered by the original writs, and usually employed in cases where 
 
8 ACTON — AD 
 
 there -sras no actual violence or immediate injury. The actiones 
 nominatse were those for which original writs then existed. 
 
 Acton Burnel. The statute 11 Ed. I. (1333), authorizing the 
 statute merchant. 
 
 Actor, I. A plaintiff. Actor sequitur forum rei (the plaintiff 
 follows the defendant's court) : the plaintiff must sue where the 
 defendant lives. Aotore non probante absolvittir reus: 
 the plaintiff not having proved his case, the defendant is dis- 
 charged. Actori incumbit probatio: the burden of proof 
 lies on the plaintiff. 
 
 Acts of Sederunt. The general rules and orders of the Scotch 
 Court of Sessions. 
 
 Actum, I. Done ; a deed. 
 
 Actus, I. An action, act. Actus curise neminem gravabit : 
 an act of the court shall prejudice no one. Actus Dei vel 
 legis nemini facit injuriam : an act of God or an act of the 
 law injures no one. Actus legis nemini est damnosus : an 
 act of the law is prejudicial to no one. Actus me invito factus 
 non est meus actus : an act done by me against my will is not 
 my act. Actus non facit reum nisi mens sit rea : an act 
 makes no one guilty unless the intention be guilty. 
 
 Ad, I. To ; for ; at ; until. Ad admittendum clericuiii : a writ 
 in the nature of an execution, given to the successful plaintiff in 
 quare impedit, commanding the bishop to admit his clerk. Ad 
 aliud ezamen : to another tribunal. Ad audiendum et ter- 
 minandum : to hear and determine ; Oi/er and terminer. Ad 
 captum vulgi: suited to the common understanding. Ad 
 colligendum bona defuncti : to collect the goods of the de- 
 ceased. Special letters of administration granted- to a person 
 called the collector pending delay in the probate of a will or 
 the appointment of an administrator or executor. Ad commu- 
 nem legem : at the common law. An obsolete writ of entry, 
 brought by the reversioner after the death of the life tenant, to 
 recover land wrongfully alienated by him. Ad oomparendum : 
 to appear. Ad compotum reddendum : to render an account. 
 Ad custagia, ad custum : at the costs. Ad damnum : to 
 the damage. That part of the declaration which states the 
 plaintiff's money loss. Ad diem : at the day. Ad ea quae 
 frequentius accidunt jura adaptantur : the laws are adapted 
 
AD EA — AD REM 9 
 
 to those cases -which occur most frequently. Ad effectum se- 
 quentem : to the following eifect. Ad esritum : at issue ; at 
 the end. Ad fidem : iu allegiance. Ad filum medium 
 aquae or viae : to the middle line (thread) of the water or way. 
 Ad fin., ad finem litis : at the end, at the end of the suit. 
 Ad firmam : to farm. Ad gaolas deliberandas : to make 
 gaol-delivery, empty the gaols ; v. Commission., 5. Ad hominem : 
 to the person, applied to a personal argument. Ad idem : to 
 the same point, or effect. Ad inde requisitus : thereunto re- 
 quired. Ad infinitum : indefinitely, to an infinite extent. Ad 
 inquirendum : to inquire. A judicial writ, commanding any 
 matter in a pending cause to be inquired into. Ad interim : 
 in the mean time. Ad jungendum auxilium : to join in aid ; 
 V. Aid-prayer. Ad jura regis : for the rights of the King. A 
 writ brought by one holding a Crown living against those seek- 
 ing to eject him. Ad Ealendas Graecas (at the Greek Ka- 
 lends) : never. Ad largum : at large. Ad litem : for the 
 purposes of the suit, during the suit. Ad lucrandum vel per- 
 dendum: for gain or loss. Ad majorem cautelam: for 
 greater caution, or security. Ad mordendum assuetus : ac- 
 customed to bite ; V. Scienter. Ad nocumentum : to the hurt, 
 or nuisance. Ad ostium ecclesise: at the church-door: v. 
 Dower. Ad proximum antecedens fiat relatio, nisi im- 
 pediatur sentential reference (relation) should be made to 
 the next antecedent, unless the sense forbid. Ad quaestionem 
 juris respondent juratores, ad qusestionem facti respon- 
 dent judices : jurymen answer questions of fact, judges those 
 of law. Ad quern : to which ; v. A quo. Ad quod damnum : 
 to what injury. A writ issuing before the grant of liberties by 
 the Crown, to see that no rights will thereby be injured. Ad 
 quod non fuit responsum : to which there was no answer. 
 Ad rationem ponere : to cite to appear, to arraign. Ad rem : 
 to the thing, to recover the thing, against the thuig. Thus 
 actions are ad rem, or in rem, to recover the thing in whose 
 ever hands it may be, or in personam against some particular 
 person or persons. In the Roman law rights ad rem were per- 
 sonal rights, rights to recover the thing against some person, as 
 distinct from rights in re, rights or property in the thing which 
 might be asserted against all the world. Ad reparationem et 
 
10 ADDITIO — ADJUNCTUM 
 
 suBtentationem : for repairing and keeping in proper condition. 
 Ad respondendum : to answer ; v. Capias. Ad seotam : at 
 suit of. Adterminumannorumiforatermofyears. Ad ter- 
 minum qui prseteriit: for a term which has expired. A writ of 
 entry which lay for the lessor or his heirs against the lessee or 
 any one holding the land after the lease expired. Ad tunc et 
 ibidem : then and there. The technical name for a part of an 
 indictment specifying time and place. Ad tristem partem 
 Btrenua est suspicio : suspicion lies heavy on the unfortunate 
 side. Ad unguem: perfect, finished to the smallest detail. 
 Ad usum et commodum : to the use and benefit. Ad va- 
 lentiam, valorem : to the value ; v. Cape. Ad ventrem in- 
 spiciendum ; v. De ventre inspiciendo. Ad vitam aut oulpam 
 (for Hfe or until fault) : during good behavior. Ad voluntatem 
 domini: at the will of the lord. Ad waractum : to fallow. 
 
 Additio probat minoritatem, /. An addition indicates minority, 
 or inferiority. 
 
 Addition. The title or description added to the name of a per- 
 son in legal writings for greater certainty. 
 
 Adeem. To take away, revoke. 
 
 Ademption. The withholding or extinction of a legacy caused by 
 some act of the testator during life. 
 
 Adeprimes.y?-. Pirst ; in the first place. 
 
 Aderere,/?-. In arrear ; behind. 
 
 Adesouth,^. Under, beneath. 
 
 Adherence. In Scotch law, an action by either party for the res- 
 titution of conjugal rights. 
 
 Adiratus, /. Strayed ; lost. 
 
 Aditus, ;. A public road ; a way of entry. 
 
 Adjective law. The part of law establishing remedies. 
 
 Adjornare, ;., Adjourner,/?-. To adjourn. Adjornatur: it is 
 adjourned. 
 
 Adjudication. Judgment, decree. Adjudication in imple- 
 ment : in Scotch law, a grantee's action against a grantor who 
 refuses to complete his title. 
 
 Adjunctio, I. Adjunction ; a method of accession, or gaining 
 property, when one man's property is materially affixed to that 
 of another. 
 
 Adjunctum, /. An incident ; an adjunct. 
 
ADJUSTMENT — ADMIRALTY 1 1 
 
 Adjustment. The termination, division, and settlement of a loss 
 
 under a marine insurance policy. 
 Adiegiare, /., aleier,/r. To purge one's self of crime by oath ; v. 
 
 Purgation. 
 Admeasurement of Dower. A writ which lay for the heir 
 
 against the widow holding more land than she was entitled to. 
 Admeasurement of Pasture. A writ for the adjustment of 
 rights of pasture which lay against one of those who were enti- 
 tled to common in favor of the others. 
 
 Adminicle. That which aids something else ; in Scotch law, a deed 
 or document referring to and proving another. Adminicular : 
 auxiliary to. Adminiculum, /. : adminicle. 
 
 Administrare, I., Administer. To manage, take charge of. 
 
 Administration. Collecting the estate of a deceased intestate 
 under legal appointment, paying his debts, and dividing the re- 
 mainder among those entitled. Management of affairs generally. 
 Administration ad colligendum: temporary administration 
 granted to preserve perishable goods or property. Ancillary 
 administration : subordinate administration, granted to collect 
 assets in a foreign state. Cum testamento annexe : with the 
 will annexed. Administration granted when there is a wUl, but 
 no executor. De bonis non : of the goods not [administered]. 
 Administration granted when the first executor or administrator 
 dies before completing the work. Durante absentia : during 
 the absence [of an executor]. Durante minori actati : admin- 
 istration granted when the executor is a minor, to continue until 
 he attains the lawful age to act. Pendente lite : administra- 
 tion granted pending a suit about the will. 
 
 Administration Suit. A suit brought in Chancery, in English 
 practice, by any one interested, for administration of a decedent's 
 estate, when there is doubt as to its solvency. 
 
 Administrator. One who rightfully administers an estate. 
 
 Admiral, Lord High. The chief oflcer of the English navy, and 
 theoretical head of the courts of admiralty. His naval duties 
 are now performed by the Lords Commissioners, and his judicial, 
 by the Judge of Admiralty; v. Court, 90. 
 
 Admiralty. A court having jurisdiction of marine affairs and mar- 
 itime causes, civil and criminal. Sometimes also of prize ques- 
 tions, in time of war ; v. Court, 90. 
 
12 ADMITTANCE — AD VOWSON 
 
 Admittance. Gmng possession, of a copyhold estate, whether 
 upon grant of the lord, surrender by a former tenant, or descent. 
 
 Admittendo clerico ; v. De. 
 
 Admonitio trina, I. The threefold warning given to a prisoner 
 standing mute before subjecting him to the paine forte et 
 
 Adnihilare, adnuUare, I., adnihil. To annul. 
 
 Adonques, adunque, adoun,//-. Then. 
 
 Adrectare, /. To do right, make amends. 
 
 Adscript! glebse, ;. Annexed to the soil; slaves who were sold 
 with the land. 
 
 Adsm., ads., ats. Abbreviations of ad sectam, at suit of. 
 
 Adsecurare, I. To make secure ; as by giving pledges. 
 
 Adult. In civil law, a person who has reached the age of fourteen, 
 or twelve if female. In common law, a person aged twenty- 
 one. 
 
 Adulterium, I. A fine anciently imposed for adultery or fornica- 
 tion. 
 
 Advancement. Money or property given to a child by a father, 
 or other person in, loco parentis, in anticipation of what the child 
 might inherit. 
 
 Advenir, avener, aveigner,_/r. To happen; come to ; become. 
 
 Adventure. Goods sent to sea at the risk of the sender, to be sold 
 at best advantage by the supercargo. 
 
 Advisement. Consultation; deliberation. 
 
 Advocate. A person privileged to plead for another in court ; a 
 name for counsel in ecclesiastical or admiralty courts. Also, 
 the patron of a living. 
 
 Advocate, Lord. The chief Crown lawyer and public prosecutor 
 in Scotland. 
 
 Advocatio, /. An advowson. An avowry in replevin. Advoca- 
 tion. 
 
 Advocation. The Scotch process of appeal. 
 
 Advover, fr., advow, avouch, avow, advocare, /. To avow, 
 admit; to acknowledge and justify. 
 
 Advowee. He who holds an advowson. 
 
 Advowry. v. Avowry. 
 
 Advowson. A right of presentation to a church or benefice, of 
 appointmg a clergyman to the living. Advowson appen- 
 
ADVOWTRY — AITIDAEE 13 
 
 dant: one annexed to a manor. Advo'vtrson in gross: one 
 belonging to a person. Advo'ro-son presentative : when the 
 patron presents to the bishop, and collative when the patron is 
 himself the bishop. Donative advow^son : when the patron 
 could place his clerk in possession without presentation, institu- 
 tion, or induction. 
 
 Advowtry, advowterer. Adultery, adulterer. 
 
 .aidificare in tuo proprio solo non licet quod alter! noceat. 
 It is not lawful to build upon your own land what may injure 
 another. 
 
 iEedificatum solo solo cedit. What is built upon the land goes 
 with it. 
 
 iEl, aieul, ayle,_/^. A grandfather, v. Aiel. 
 
 2iquitas, I. Equity, .ffiquitas sequitur legem : equity follows 
 the law. .aiquitas uzoribus, liberis, oreditoribus mazime 
 favet : equity favors wives and children, creditors most of all. 
 
 iEquivocum, /. Of various or doubtful signification. 
 
 .Squus, I. Equal ; fair ; just, aiquior est dispositio legis 
 quam hominis : the disposition of the law is fairer than man's. 
 
 .ffirerer, alrer,^. To plough. 
 
 iSEjS alienum, /. In civil law, a debt. 
 
 2istimatio capitis, I. The value of the head. A fine imposed 
 for murder, varying in amount according to the rank of the person 
 killed. iEstimatio prseteriti delicti ez postremo facto 
 nunquam crescit : the rating of a past offence is never aggra- 
 vated by a later act. 
 
 .ZBtate probanda, v. De. 
 
 Affaire.yr. To do, make ; to be made or taken. 
 
 Affectus punitur, licet non sequatur efiectus, I. The inten- 
 tion is punished, though the consequences do not follow. Affec- 
 tum propter ; v. Challenge. 
 
 Affeere, afiere ; afierer, fr. ; afferare, /. To assess, appraise. 
 
 Affeeror, afferator, I. Persons appointed in courts-leet to assess 
 fines and amerciaments, upon oath. 
 
 Affer, affri, sSrHjfr. Cattle, or beasts. 
 
 AfBant. One who makes affidavit. 
 
 AfSdare, I. To swear to ; swear fealty ; pledge one's faith. Hence 
 affidavit, an oath in writing sworn before some person legally 
 authorized; r. Deposition, Affidavit of merits: a formal 
 
14 ArrrERT — AGE 
 
 statement that the defendant has good ground of defence. AfB- 
 datus : a tenant by fealty. ' 
 
 Affiert, afiert, aSert,fr. It belongs, it behooves. 
 
 Affilare, /. To file. Affiletur : let it be filed. 
 
 AfBliatiou. The process of determining a man to be the father of 
 a bastard child, whereby he is forced to maintain it. 
 
 Affinis, I. One related by marriage. Affinis mei afiSnis non est 
 mihi affinis : one related by marriage to one related to me by 
 marriage has no affinity to me. 
 
 Affinitas, I., Affinity. Relation by marriage. 
 
 Affirmant. One who affirms ; used in place of deponent (one 
 making oath) where no oath is taken. 
 
 Affirmant!, non neganti, incumbit probatio. The proof lies 
 upon the one affirming, not the one denying. 
 
 Affirmare, I., aSaxxaer,fr. To affirm ; confirm ; ratify ; assert ; 
 state in pleading ; give evidence not under oath. Affirmance : 
 the ratification, of a voidable act or contract by the party who is 
 to be bound thereby. 
 
 Affirmation. Testimony given without oath. 
 
 Afforciare, /., afforcer,/r. To afForce; to add; to increase; to 
 strengthen. Afforcing the assize : to obtain a verdict by add- 
 ing jurors until some twelve of the jury agreed ; or, later, by 
 keeping the jury without food and drink. 
 
 Afforestare, L, afforest. To make land into a forest ; v. Forest. 
 
 Affranchir,^/. To affranchise ; to make free. 
 
 Affray. A public fight between two or more persons, to the terror 
 of others. There must be a blow or stroke given or offered, or a 
 weapon drawn. It must be in a public place, thus differing from 
 an assault ; and it is unpremeditated, thus differing from a riot. 
 
 Affrectamentum, I., Affreightment. The contract for the use 
 of a vessel. 
 
 Aftermath. The second crop of grass ; the right to such crop. 
 
 Agaitj^r. Waiting; in wait. Gistenagait: he lies in wait. 
 
 Agard, ji?-. Award. Agarder : to award, to condemn. 
 
 Age. Capacity of legal action depends partly on age. Thus, of a 
 man, after seven he may be capitally punished if proved con- 
 sciously guilty; after fourteen, youth is no defence; after 
 twelve, he may take the oath of allegiance ; after fourteen, he 
 may marry and choose his guardian, or make a will of personal 
 
AGE— AGISTATOR 15 
 
 property ; at twenty-one, he is of full age for all purposes. So a 
 woman is dowable at nine ; may consent to marriage, or make a 
 will of personal property, at twelve ; is of full age at twenty-one. 
 These periods vary in civil and statute law. 
 
 Age prier,/r.. Age-prayer. A suggestion of non-age, made in a 
 real action to which an infant is a party, with a request that the 
 proceedings be stayed until the infant comes of age. This was 
 called the plea of parol demurrer. 
 
 Agenhine, awnhin, sax. A guest, an inmate, one of the house- 
 hold, for whom the host is answerable if he break the peace. 
 
 Agent and Patient. A person is so called when both the doer of 
 a thing and he to whom it is done. General agent : an agent 
 authorized to perform a general class of acts, or employed as prac- 
 tising a certain trade or profession. Agentes et consenti- 
 entes pari poena plectentur : those who act and those who 
 consent are liable to the same punishment. 
 
 Ager, /. A field ; an acre. 
 
 Agere, I. To act ; to do ; to sue. Agetur : suit is brought. 
 
 Aggravation. Matters of aggravation are those which are inserted 
 in the declaration to increase the damages, but not affecting the 
 right of action. 
 
 Aggregatio mentium, I. The meeting of minds ; spoken of the 
 moment when a contract is complete. 
 
 Agild, sax. Free from penalty ; not subject to the customary fine. 
 
 Agiler, sax. An observer, informer. 
 
 AgiUarius, /. A hay-ward, herd-ward, the keeper of cattle in a 
 common field. 
 
 Agio, Hal. The term used in commerce to express the difference 
 in value between one kind of currency and another. 
 
 Agiser,/r. To lie. Agisant : lying. 
 
 Agistare, I., Agistor, /r., Agist To put, place, assign, appor- 
 tion. To take in the cattle of strangers to feed in a royal forest. 
 To take cattle to pasture at a certain rate of compensation. 
 
 Agistamentum, /., Agistment The taking in of cattle to feed 
 at a certam rate per week ; also, the profit thereof. Also, a duty 
 or tax for repairing banks, dikes, or sea-walls, levied on the 
 owners of lands benefited thereby. 
 Agistator, I., Agister. The bailee in agistment of cattle; the 
 officer of the forest who took account of cattle there agisted. 
 
16 AGNATES— AL 
 
 Agnates, Agnati, I. Agnates ; relatives by the father's side. 
 
 Agnatio, I., Agnation. Kelatioa or kinship through males. 
 
 Agniserjyr. To acknowledge. 
 
 Agnomen, I. An additional name, a nickname. 
 
 Agrarian. Kelating to land, or the division or distribution thereof. 
 
 Agreare, /. To agree. Agreavit: he agreed. Agreamentum : 
 
 agreement. 
 Aid. A service or payment due from tenants in chivalry to their 
 
 lords ; usually either to ransom the lord's person ; pur faire 
 
 I'eigne fitz chivaler, to make the eldest son a knight; or pur 
 
 I'eigne file marier, to marry the eldest daughter. 
 Aids. Extraordinary grants to the Crown by the Commons. 
 Aide-prier, fr., Aid-prayer. A proceeding by which one sued 
 
 for land in which he had a limited interest sought suspense of the 
 
 action and aid of his lord or reversioner. So a tenant in capite, 
 
 or a city or borough holding a fee-farm from the King, might 
 
 pray in aid of the King. 
 Aider by Verdict. Where a defect or error in pleading which 
 
 might have been objected to is, after verdict, no longer open to 
 
 objection ; is " cured by the verdict." 
 Aider. Same as Abettor, qu. v. 
 Aie,fr. I have. Ait: he has. Aiet: he shall have. 
 Aiel, aieul, ayle, fr. A grandfather. A writ which lay for 
 
 the heir to recover lands on the seisin of his grandfather, 
 
 when a stranger had entered on the day of the grandfather's 
 
 death. 
 Ailours, aylours./r. Elsewhere ; besides. 
 Ainesse,/r. Bsnecy, q. v. ; the right of the eldest born. 
 Ainsi,/r. Thus; so. Ainsi come: even as it were. Ainsi 
 
 soit il : so be it. 
 Airer, aerer, fr. To plow. Aireau : a plough. 
 Aisiamentum, /., Aisement, /r. An easement. 
 Aisne, eigne, /;•. Eldest, first-born. Aisneese: Esnecy; v. 
 
 Ainesse. 
 Ajant,/r. Having. 
 Ajourner,^. To summon; to adjourn. 
 Ajuger,//-. To adjudge, award. Ajug6 : adjudged. 
 Al,/r. At the; to the. Al aid deDieu: with the aid of God. 
 
 Al huis d'esglise : at the door of the church. Al barre : at 
 
ALA — ALIENI 17 
 
 the bar. Al comon ley avant, etc. : at the common law be- 
 fore, etc. 
 
 Ala, alast, alant,/n v. Aler. 
 
 Alba firma, /. White rent; rent payable in silver, as distinguished 
 from black rents, black mail, payable in corn, work, or the like. 
 Album breve : a blank writ. 
 
 Aleatory ; v. Contract. Hazardous, uncertain. 
 
 Aler. aller,_/^. To go. Ala, alast : went, gone. Alant : going. 
 Aller a Dieu (to go to God) : to be dismissed the court, to go 
 quit. Aler sans jour (to go without day) : to be finally dis- 
 missed, without continuance, q. v. Aid et tout defail: gone 
 and quite spoiled. 
 
 Alia enormia, (. (Other wrongs.) A general statement of injuries 
 at the end of a declaration in trespass, under which matters of 
 aggravation may be given in evidence. 
 
 Alias, /. Otherwise; at another time; formerly. Alias dictus: 
 otherwise called. Alias -writ: a second writ, issued after a 
 previous one has been issued in the same cause without effect. 
 
 Alibi, I. Elsewhere. A defence in criminal law, showing that the 
 accused was in another place when the offence was committed. 
 
 Alien. One born in a foreign country, not naturalized. Alien 
 amy : the subject of a foreign nation at peace with our own. 
 Alien enemy : the subject of a foreign nation at war with our 
 own. 
 
 Alienare, I., Aliener, fr., Alienate, Aliene. To transfer, 
 convey. 
 
 Alienatio, I., Alienation. The transfer of ownership, convey- 
 ance. Alienatio licet probibeatur, consensu tamen om- 
 nium in quorum favorem prohibita est, potest fieri : 
 though alienation be forbidden, yet it may be made with the con- 
 sent of all those for whose benefit it is forbidden. Alienatio 
 rei praefertur juri acorescendi (alienation of property is pre- 
 ferred to the right of survivorship) : the law favors a conveyance 
 made in the owner's lifetime, rather than allow the property to 
 descend or accumulate. 
 
 Alien! appetens, sui profusus, I. Greedy of others' property, 
 wasting his own. Alieni generis : of another kind. Alieni 
 juris : under the control of another, as of a parent or guardian. 
 Alieno solo : on another's land. 
 2 
 
18 ALIEN-NEE — ALLER 
 
 Alien-nee,^. An alien bom. 
 
 Alienus, alienum, I. Another's, by or of another. 
 
 Aliment. In Scotch law, to give support to a person unable to 
 support himself. 
 
 Alimony. An allowance made to the wife out of the husband's es- 
 tate, during or at the termination of a suit, for her maintenance 
 while separated from her husband. 
 
 Alio intuitu, /. In a different view ; with another purpose. 
 
 Aliqualiter, /. In any way. 
 
 Aliquid, /. - Somewhat ; something. Aliquid conceditur ne 
 injuria remaueat impunita, quod alias non concedere- 
 tur : something is conceded which otherwise would not be, lest 
 an injury should go unredressed. Aliquid possessionis et 
 nihil juris : somewhat of possession, but nothing of right. 
 
 Aliquis, /. Any one. Aliquis non potest esse judex in pro- 
 pria causa : no one can be judge in his own cause. 
 
 Aliter, I. Otherwise; otherwise decided. Aliter vel in alio 
 modo : otherwise, or in another way . 
 
 Aliunde, /. From another place, from another source. 
 
 Aliud est celare, aliud tacere, I. It is one thing to conceal, 
 another to be silent. 
 
 Allegare, /. To allege, or state. AUegans contraria non est 
 audiendus: one alleging contradictory things is not to be 
 heard. AUegans suam turpitudinem non est audiendus : 
 one alleging his own infamy is not to be heard. Allegari non 
 debuit quod probatum non relevat : that ought not to be 
 alleged which is not relevant if proved. Allegata et probata ; 
 things alleged and things proved. 
 
 Allegation. A pleading ; a statement of a fact ; the assertion of a 
 party in a cause of what he intends to prove. Allegation of 
 Faculties: the statement made by the wife of the property of her 
 husband, in order to her obtaining alimony. AUegatio contra 
 factum non est admittenda : an allegation contradicting the 
 deed (or the fact) should not be admitted. 
 
 Allegiare, I. To clear one's self, defend, by due course of law; to 
 wage one's law. 
 
 Alleging diminution. The allegation of some error in a subordi- 
 nate part of the nisi prius record. 
 
 Aller,//-. V. Aler. Aller, germ. The greatest possible. 
 
ALLEU — ALTERNATIVE 19 
 
 Alleu, aleu, alieu,/r. An allodial estate. 
 
 AUeviare, I. To pay an accustomed fine or composition. 
 
 Allision. The running of one vessel into another. 
 
 AUocare, I. To allow. Allocatur, abb. alloc. : it is allowed. 
 
 Allocatio, I., Allocation. An allowance made upon an account 
 in the English Exchequer. 
 
 Allocatioue facienda, /. (To make allowance.) A writ which 
 lay for one of the Crown's accountants against the Exchequer, 
 commanding them to allow him such sums as he had lawfully 
 expended. 
 
 Allocato comitatu, /. v. Exigent. 
 
 Allocatur exigent, /. v. Exigent. 
 
 Allodial. Free ; not held of any superior ; the opposite of feudal. 
 
 Allodium, alodium, alodum, /. An estate held absolutely, of no 
 superior ; hence, owing no rent, fealty, or service. 
 
 AUoigner, alloyner,/r. To eloign ; remove to a distance ; delay. 
 
 Allonge,/)-. A piece of paper annexed to a biU or note in which to 
 write further indorsements, when there is no more room on the 
 document itseK. 
 
 Allotment note. An assignment by a seaman of a part of his 
 wages to a near relative. 
 
 AUuvio, I., Alluvion. Natural increase of land by deposit on a 
 river or sea shore. 
 
 Aim, alme,y)'. Soul. Almes-feoh: Peter's pence. 
 
 Almoigne, almoin, y>-. Alms. 
 
 Alnage. EU-measufe. A duty on woollen cloth, paid for meas- 
 uring and sealing by the alnager. 
 
 Alnetum, I. A place where alders grow. 
 
 Aloarius, I. The holder of an allodium. 
 
 Alodium, alode. \. Allodium. 
 
 Alois, fr. Then; there. 
 
 Als., /. Eor Alios and Alias, others. 
 
 Alt, //•. y Altus, alta, etc., /. High. Alta proditio: high 
 treason. Alta via ; highway. 
 
 Altarage. Offerings made upon the altar ; the priest's profits ; con- 
 tributions ; tithes. 
 
 Alter, I. Another. 
 
 Alternatim, /. Interchangeably. 
 
 Alternative. Giving an option of two things ; as, to do an act or 
 
20 ALTERNIS — AMENABLE 
 
 show cause, like a writ of Mandamus. Alternativa petitio 
 non est audienda : an alternative prayer is not to be heard. 
 
 Alternis vicibus, /. Alternately ; by turn. 
 
 Alterum non Isedere, I. Not to injure another. 
 
 Alteruter, I. One of the two ; each. 
 
 Altius non toUendi, /. The name of a servitude by which the 
 owner of a house was restrained from building higher than a cer- 
 tain limit. 
 
 Alto et basso, I. High and low. A phrase applied to an abso- 
 lute submission of all differences to arbitration. 
 
 Altre, altrei.y?-. Another. 
 
 Altum mare, /. The high sea. 
 
 Amalphitan Code. A collection of sea law compiled about the 
 eleventh century by the people of Amalfl, and in force in the 
 Mediterranean countries. 
 
 Ambactus, /. A servant, messenger ; client. 
 
 Ambideux,^. Both. 
 
 Ambidexter, /. One who has the use of both hands ; one who 
 takes bribes from both parties to an action. 
 
 Ambiguitas, /., Ambiguity. Uncertainty of meaning in the 
 words of a written instrument. It is patent, when the doubt 
 arises upon the face of the instrument itself; latent, when the 
 doubt arises from extrinsic matter or collateral circumstances. 
 Ambiguitas verborum latens veriiicatione suppletur, 
 nam quod ex facto oritur ambiguum veriiicatione facti 
 toUitur : a latent ambiguity of words may be (supplied) helped 
 by averment, for that ambiguity which arises from an [extrinsic] 
 fact is [may be] removed by an averment of the fact [as it really 
 is]. Ambiguitas verborum patens nulla verificatione 
 suppletur : a patent ambiguity is helped by no averment. 
 Ambigua responsio contra proferentem est acoipienda, 
 Ambiguum placitum interpretari debet contra profe- 
 rentem : an ambiguous plea ought to be interpreted against the 
 party pleading it. Ambiguum pactum contra venditorem 
 interpretandum est: an ambiguous contract is to be taken 
 against the seller. 
 
 Ambulatoria voluntas, I. An ambulatory, changeable, revoca- 
 ble will or intention. 
 
 Amenable, Amesnable. Tractable; responsible; subject to the 
 jurisdiction of the court. 
 
AMENDE— ANCHORAGE 21 
 
 Amende honorable, fr. A punishment by disgrace, infamy, or 
 the doing an humble act. A satisfactory apology. 
 
 Amerciament, Amercement. A penalty, like a fine, but im- 
 posed by a court not necessarily of record, and of uncertain 
 amount. The defendant was said to be in the mercy of the king 
 or lord whom he had offended; and the amount was assessed by 
 the affeerors ; v. Fledges to Prosecute. 
 
 Amefcner,/r. To lead, drive ; to cite ; to bring the body of a party 
 to court. 
 
 Ami, Amy./r., Amicus, I. A friend. Amicus curiae : a friend 
 of the court ; an uninterested person who makes a suggestion, 
 or gives information, in a case.. Amici consilia credenda : 
 the advice of a friend is to be trusted. 
 
 Amicable action. One brought by consent of both parties to set- 
 tle a doubtful point of law, the facts being usually agreed upon. 
 
 Amittere liberam legem, I. To lose one's frank-law. Amit- 
 tere legem terras : to lose the law of the land. Both expres- 
 sions used of an outlaw, one who has lost the privilege of 
 bearing vritness, or being juryman, or suing, in court. Part of 
 the punishment of one who has become infamous ; i. e. who has 
 cried craven in the trial by battel. So, Amittere curiam : to 
 lose the right to attend court. 
 
 Amont, amount, /;•. Upwards; above. 
 
 Amortir,/r., Amortise. To alien lands in mortmain. 
 
 Amortizatio, t., Amortisement. Alienation in mortmain. 
 
 Amotion. Turning out ; dispossession ; carrying away. 
 
 Amour,^. Grace ; favor. 
 
 Amoveas manus, I. That you remove the hands ; v. Ouster-le- 
 main. 
 
 Ampliare, /., Amplier,/r. To enlarge ; extend ; defer. Ampli- 
 .ation : a deferring judgment till after further consideration. 
 
 Krsi.y,fr. Friend. Prochein amy : next friend. 
 
 An, anne, ann,yr. A year. An, jour et -waste : year, day, and 
 
 Anatocismus, gr., I., Anatocism. Compound interest. 
 Ancestor. The person from whom an estate is inherited ; not ne- 
 cessarily related lineally. 
 Ancestral action, v. Action. 
 Anchorage. A duty paid by sliips for use of a harbor. 
 
22 ANCIENT — ANNATES 
 
 Ancient demesne or domain. A tenure existing in certain, 
 manors held by the Crown at the time of Edward the Confessor 
 or William the Conqueror. A species of copyhold with fixed 
 services and certaia privileges. A plea of ancient demesne 
 may be pleaded in abatement to real actions, or actions where 
 the freehold may come in question; v. Court, 42. Ancient 
 house : one which has stood long enough to acquire an easement 
 of support against the adjoining land ; in England, twenty years. 
 Ancient lights : windows which have been used in their pres- 
 ent state for twenty years, giving, in England, a right to have 
 them unobstructed. Ancient -writings: deeds and other 
 documents more than thirty years old, which do not require pre- 
 liminary proof if coming from the person who might naturally 
 possess them. 
 
 Ancillary. Attendant upon ; auxiliary ; subordinate. 
 
 Ancipitis usus, /. Of doubtful [legal or illegal] use. 
 
 Anecius, /. The eldest, first-born. 
 
 Angaria, gr., I. A forced or excessive service exacted by a superior 
 of a vassal. The impressment of a vessel. 
 
 Angleterre,/A England. 
 
 Anglice, I. In English. 
 
 AnicWler, adnichiler, anienter, anientir, aneantir, fr. To 
 avoid, annul. Anient, etc. : void. Anientisement : destruc- 
 tion ; waste. 
 
 Animus,/. Mind; wiD; disposition; design. Animo: with a 
 mind, intention, etc. CanceUandi : of cancelling. Custodi- 
 endi : of keeping. Defamandi : of defaming. Differendi : of 
 ^ obtaining delay ; postponing. Donandi : of giving, making a 
 gift. Furandi: of stealing. Lucrandi : of gaining. Ma- 
 nendi: of remaining. Morandi : of staying, delaying. Possi- 
 dendi: of possessing, keeping. Recipiendi: of receiving. 
 Remanendi: of remaining away. Revertendi: of returning. 
 Republicandi : of repubhshing. Revocandi: of revoking. 
 Testandi : of making a will. Animo et corpore : in intention 
 and act. Animo felonico : with felonious intent. Animus 
 et factus : intention and act. Animus hominis est anima 
 sciipti: the man's purpose is the spirit of the writing. Ani- 
 mus domini : the intention [of acting as] owner. 
 
 Annates, I. Mrst-fruits. 
 
ANNI — APERTUS 23 
 
 Anni nubiles, I. A ■woman's marriageable years, the age of twelve. 
 Annuity. A yearly sum payable by the grantor, charging his per- 
 son only. 
 Annulus et baculus, /. The ring and staff; used as symbols in 
 
 feudal and ecclesiastical investitures. 
 Annus, I. A year. Annus deliberandi : the year of delibera- 
 tion, allowed in Scotch law to the heir to decide whether he will 
 accept the inheritance. Annus et dies : a year and a day. 
 Annus, dies et vastum : year, day, and waste. Annus in- 
 ceptus pro complete habetur : a year begun is held as com- 
 pleted. Annus luctus: the year of mourning, following the 
 husband's death, and during which, in the Roman law, the widow 
 could not marry. Annus utilis : an available year, one during 
 which a right could be exercised or a prescription grow. 
 
 Anuuus reditus, /. An annuity ; a yearly rent. 
 
 Anoyer,/r. To trouble, annoy. Annoysance: a nuisance. 
 
 Answer. Any defensive pleading except a demurrer. The usual 
 mode of defence in equity, eorresponding to a plea at law. 
 
 Ante, /. Before. Ante eadiibitionem billae (before the exhi- 
 bition of the bill) : before the commencement of the suit. Ante 
 litem motam : before suit brought. Ante occasum solis : 
 before sunset. Ante omnia : before all else, first of all. 
 
 Antejuramentum, I. A preKminary oath required of the accuser, 
 to prosecute ; and of the accused, that he was not guilty ; in old 
 English law. 
 
 Antenati, I. Persons born before a particular event. 
 
 Antichresis, I. A sort of mortgage, in which the debtor transfers 
 the thing or estate to the creditor, who is entitled to retain the 
 use and profits in lieu of interest. 
 
 Anique temps, Antic,//. Old time, of old. 
 
 Antiqua statuta, /. The Acts of Parliament from Richard I. to 
 Edward III. Ut antiquum : v. Feudum. Antiquum domi- 
 nicum: ancient demesne. Antiqua custuma : •^.Custwma. 
 
 Anuels livres,/?-. The Tear books. 
 
 Aore,/r. Now. 
 
 Aparelle, aparaile,/r. Ready. 
 
 Ap'erte,/r. Open; plain. Apertement : openly. 
 
 Apertus, I. Open. Aperta brevia : open writs, unsealed. Aper- 
 tum factum : an overt act. 
 
24 APEX — APPUIS 
 
 Apex juris, I. A subtlety of law. Apices juris non sunt 
 jura : the mere subtleties of law are not law. 
 
 Apostata capiendo, I. t. De. 
 
 Apostles. The papers forming the record on appeal, and trans- 
 mitted, in civil or admiralty practice, from the lower to the 
 higher court; Brief letters of dismissal, given the appellant, and 
 stating that the record will be transmitted. 
 
 Apostille, apostyle,//. An addition; a marginal note. 
 
 Apparator, apparitor, I. A messenger who serves process in 
 the ecclesiastical courts. 
 
 Apparent heir. One who will be the heir if he live until the an- 
 cestor's death. In Scotland, the 'heir after the ancestor's death 
 and before he enters. 
 
 Apparere, I. To appear. Apparitio : an appearance. 
 
 Appeal. 1. The complaint, and removal of a cause, to a higher 
 court, for error or informahty, for the purpose of trial or re- 
 view. 2. In English criminal law, the accusation, by one pri- 
 vate person against another, of some heinous crime, demanding 
 punishment on behalf of the, party injured; v. Approver, 
 Battel. 
 
 Appearance. The coming of a party into court, in person or by 
 attorney. 
 
 Appellor. An appeal ; a challenge. 
 
 Appellate. Having cognizance of appeals. 
 
 Appendant. Annexed, or belonging to anything, and going with 
 it. Like appurtenant, except that rights appendant to land 
 cannot be created by grant. 
 
 Appiert, appers, apierge,^. It appears. 
 
 Application of payments. The appropriation of money, paid by 
 a debtor, to some particular debt. 
 
 Appointment, v. Power. 
 
 Appreciare, /. To appraise, estimate. 
 
 Apprentice. A person, usually a minor, bound by indenture to 
 serve another for a term of years, in consideration of being sup- 
 ported and taught a trade. 
 
 Apprenticii ad legem, I. Barristers at law. 
 
 Apprester,/?-. To prepare. Apprest : ready. 
 
 Apprimes,/?-. Pirst. 
 
 Appris, apprise, /r. Learned, skilled. 
 
APPROBATE — ABATUM 25 
 
 Approbate and reprobate. To approve and reject ; to take ad- 
 vantage of one part of a document and reject the rest. 
 
 Appropriation. The perpetual annexing of an ecclesiastical bene- 
 fice to the use of a spiritual corporation sole or aggregate. Ap- 
 propriation of Payments : v. Application. 
 
 Approver,//-., Approbare, /., Approve. To improve ; to culti- 
 vate and enclose waste land. 
 
 Approver. A person indicted of a capital crime who confessed the 
 crime before pleading and accused [appealed] another of the same 
 crime. This latter was called the appellee; and if he was 
 found guilty, the approver was acquitted ex debito justitias ; 
 otherwise the accuser was hanged upon his own confession. 
 The accusation was called an appeal, and .was triable by baiiel, 
 like the ordinary appeal. This method of approvement is now 
 superseded by queen's or state's evidence. 
 
 Appurtenant. Belonging to, accessory to ; v. Appendant. A 
 thing incident to something else and of a different nature. It 
 may be either corporeal or incorporeal, and may be created by 
 grant, accession, or prescription. 
 
 Appurtenances. Things appurtenant. 
 
 Apres,/r. After; afterwards. Apres que: after that. Apres 
 midi : after noon. Cy apres : thereafter. 
 
 Apta viro, I. Marriageable. 
 
 Apud, /. Among ; with ; at. Apud acta : among the acts, among 
 the recorded proceedings, in presence of the judge. 
 
 Aqua, I. Water. Aqua cedit solo (water follows the land) : 
 water goes with the land which it covers. Aqua currit, et 
 debet currere, ut currere solebat: water nins, and ought 
 to run, as it used to run. Aquse ductus : the right of 
 conducting water through the land of another. Aquse 
 haustus : the right of drawing water from the well or spring of 
 another. 
 
 Aquagium, I., Aquage. A water-course ; toll paid for water car- 
 riage; ewage. 
 
 Arare, /., Arer,/r. To ear, to plough. Arabant : they ploughed, 
 appUed to such vassals as held their land by service of plough- 
 ing the lord's manor lands. Aralia, aratia ; plough-lauds. 
 
 Aratum terrse, I. A plough-land, as much as can be tilled by one 
 plough. 
 
2 6 AEBITRAMENT — ARMA 
 
 Arbitrament and A^vard. A plea that tte matter has been re- 
 ferred to arbitration, and a decision given. 
 
 Arbitrement,//-., Arbitrium, I. An award, in arbitration. Ar- 
 bitrium est judicium : an award is a judgment. 
 
 Arbor, I. A tree. Arbor civilis, consanguinitatis : a family- 
 tree. Arbor dum crescit, lignum dum crescere nescit : 
 [called] a tree while it grows, wood while it cannot grow [i. e. 
 when cut]. 
 
 Arcana imperii, I. Secrets of state. 
 
 Archdeacon. The ecclesiastical officer next the bishop, appoint- 
 ed by him and having a court of concurrent jurisdiction in the 
 diocese or a part of it. v. Court, 81. 
 
 Arches Court, v. £loiirt, 83. 
 
 Archiepiscopus, /., ArohieTesque,/r. Archbishop. 
 
 Arcta et salva custodia, I. In close and safe keeping. 
 
 A.ieT, fr. To plough. Arer et semer : to plough and sow. 
 
 Arere./r., Aretro, I. Behind ; in arrear ; back ; again. 
 
 Arg., Arguendo, /. In arguing ; by way of argument. 
 
 Argentum Dei, I. (God's money.) Earnest-money. 
 
 Argumentative. Indirect, inferential. Used of a plea, the im- 
 portant part of which is stated by implication only. 
 
 Argumentum, I. Argument. Argumentum a communiter 
 accidentibus in jure frequens est : an argument from com- 
 monly occurring things is frequent in law. Argumentum a 
 divisione est fortissimum in lege : an argument by division 
 [of the subject] is of very great force in law. Argumen- 
 tum a similis valet in lege : an argument from analogy is 
 good in law. Argumentum ab auctoritate : an argument 
 from authority [judicial decisions]. Ab impossibili : from an 
 impossibility. Ab inconvenienti: from an inconvenience. 
 Ad crumenam : to the purse. Ad hominem : to the person, 
 personal. Ad ignorantiam : to ignorance [relying on a sophism 
 which the hearers cannot detect]. Ad verecundiam : to mod- 
 esty [appealing to the sense of decency]. 
 
 Arma, /. Weapons offensive and defensive. Arma libera : free 
 arms, a sword and lance given to a servant when set free. 
 Arma moluta: sharpened weapons. Arma reversata (re- 
 versed arras) : a punishment for treason or felony. Arma in 
 armatos jura siuunt : the laws permit using arms against 
 those armed. 
 
ARMIGER — ARTICLE 27 
 
 Armiger, Armig, ;. . An esquire; one entitled to bear a coat of 
 arms ; a servant to a knight. 
 
 Arpen, arpent,/r. A measure of land. 
 
 Arra, arrae, arrhse, /., arrhes,/?-. Earnest-money. 
 
 Arraign. To call one accused of crime before court to answer. 
 
 Array. The whole body of jurors summoned to attend court. The 
 list of jurymen, arranged in the panel. 
 
 Arrears, arrearages. Money due on rents, accounts, or interest 
 unpaid at the given time. 
 
 Arrect, axiette,/r., I. To accuse ; accused. 
 
 Arrentatio, I. A renting; arrentation, licensing an owner of 
 lands in a forest to enclose tbem with a low hedge and small 
 ditch, under a yearly rent. . 
 
 Arrer. v. J.rer. Arrere. v. Arere. 
 
 Arrestare, I., Arrester,/;-. To arrest, to take into legal custody. 
 
 Arrest of Judgment. A staying of judgment after verdict for 
 error apparent on the record. 
 
 Arrestandis bonis ne dissipentur, I. A writ which lay for one 
 whose cattle or goods were taken by another who was likely to 
 make away with them and unable to make amends. 
 
 Arrestment. Arrest. In Scotch law, a process of attachment or 
 garnishment. Arrestee : the garnishee. 
 
 Arrettare, I., axiettei, fr. To accuse. 
 
 Arrha. v. Arra. Earnest-money, v. Denarius Dei. 
 
 Arriage and Carriage. Indefinite services formerly exacted from 
 tenants. 
 
 Arser in le main. Burning in the band ; the punisbment of those 
 pleading their clergy ; v. Benefit of Clergy. 
 
 Arson. The wilful burning of another's house. 
 
 Art and part A term used in Scotch law of one who is accessary 
 to a crime, or aiding and abetting in it. 
 
 Article. A species of pleading in the English ecclesiastical courts. 
 The division or paragraph of a document. Articles of faith, 
 religion, or the thirty-nine articles : a statement of the faith 
 of the Church of England, formed by Cranmer, and revised by the 
 Convocation of 1562. Articles of the peace: in English law, 
 a complaint made before a court or justice of the peace against 
 a person from whom the complainant fears injury to person or 
 property, whereby the party complained of is forced to find 
 
28 AETICLE — ASSETS 
 
 stereiies of the peace. Popularly termed swearing the peace 
 against one. 
 
 Articled clerk. A person bound to senre with some practising 
 attorney for his instruction until admitted himself to practice. 
 
 Articulus, I. An article; a point. In artioulo mortis: at the 
 point of death. Artiouli super Chartas: the Stat. 28 Edw. 
 III. St. 3. 
 
 Arura, I. A ploughing; a day's -vrork at ploughing. 
 
 Asaver, asgavoir./r. To wit ; to say ; to be understood. 
 
 Asceverer,y>. To affirm. 
 
 Ascient,/r. Knowing; knowingly. 
 
 Ascripticii, adscriptitii, I. Tenants by ancient demesne ; in civil 
 law, naturalized foreigners. 
 
 Ascun.y^. Any one, some one. 
 
 Asoyne,y>-. v. Essoin. 
 
 Asportare, /. To carry away. Asportavit: he carried away. 
 V. De bonis asportatis. 
 
 Ass. Abb. from Assisa, an assize. 
 
 Assaltus, /. An assault. 
 
 Assartare, I., Assart, essart. To pull up trees by the roots, clear 
 land in a forest. Assartum, assart : cleared land. 
 
 Assault. An attempt of one man to do physical injury to another, 
 real or apparent, and coupled with real or apparent power to in- 
 jure. T. Battery. 
 
 Assayer,/)-. To essay, try. Assaye, assaie : an assay, an exami- 
 nation or trial. 
 
 Assecurare, /. To make secure ; to assure ; to confirm. Asse- 
 curatio : assecuration, assurance. 
 
 Assembly unlawful. The meeting of three or more persons to 
 do an unlawful act. 
 
 Assensu patris. v. Dower. 
 
 Assertare, etc. v. Assartare. 
 
 Asses, assez./r. Enough. 
 
 Assets. Property available for debts or legacies. Assets entre 
 mains : assets in hand, property which comes at once into the 
 hands of the executor or trustee for the payment of debts. As- 
 sets per discent : property which goes to the heir, chargeable 
 only with the ancestor's specialty debts ; otherwise called real 
 assets. Equitable assets: those which creditors can reach 
 
ASSIGN ATUS — ASSISA 29 
 
 only through a court of equity. Legal assets : those in the 
 hands of the executor or administrator, which may be reached in 
 an action at law. Marshalling of assets : an equitable doc- 
 trine, by which, when there are two classes of assets and some 
 creditors can enforce their claims against both and others against 
 only one, the former class of creditors are compelled to exhaust 
 the assets against which they alone have a claim before having 
 recourse to the other assets. Thus providing for the settlement 
 of as many claims as possible. 
 
 Assignatus utitur jure auctoris: an assignee enjoys the rights 
 of his principal [assignor]. 
 
 Assignee, assign. A person to whom a right of property is trans- 
 ferred. 
 
 Assignment. A transfer of property. Assignment of dower : 
 the ascertaining and setting out of a widow's share in her hus- 
 band's estate. Assignment of errors : the statement of the 
 case of the plaintiff in error, setting forth the errors complained 
 of, and placed on the records ; v. New assignment. 
 
 Assis, assys,^^. Situated; fixed; assessed. 
 
 Assisa, /., Assise,/)-., Assize. A jury, inquest, summoned by a 
 writ of assize. Also, a court ; the sittings of a court ; an ordi- 
 nance or statute ; a tax or tribute ; an adjustment or measure ; 
 an action at law, a real action ; a writ. The assizes : sessions of 
 courts of assize and nisi prius, which are composed of two 
 or more commissioners (in England) called judges of assize and 
 nisi prius, who are sent, by special commission from the 
 Crown, on circuits all around the kingdom, to try, by a jury of 
 the respective counties, such matters of fact as are then under 
 dispute at Westminster Hall. These judges are judges of the 
 superior common-law courts, and the successors of the ancient 
 "justices in eyre," justiciarii in itinere ; they sit by virtue of 
 several authorities, viz. : 1. Commission of oyer and terminer, 
 to deal with treasons, felonies, etc. 2. Of gaol delivery, to 
 try every prisoner in gaol, for whatever offence. 3. Of nisi 
 prius, to try all questions of fact on cases in which issue has 
 been joined in the courts of Westminster. 4. Of peace, by 
 which all justices of the peace and sheriffs are bound to be pres- 
 ent at their sittings. 5. Of assize, to take assizes and have 
 jurisdiction of writs of assize. Action of assize : a writ 
 
30 ASSISA — ASSISOKES 
 
 and real action, having for its object the recovery of lands 
 ■whereof the demandant or his ancestors had unjustly been dis- 
 seised. It was not necessary, as in a writ of entry, to show the 
 unlawful beginning of the tenant's possession. Rents of as- 
 size : the certain estabUshed rents of the freeholders and ancient 
 copyholders of a manor, which cannot be departed from or 
 varied. Those of the freeholders are frequently called chief- 
 rents, reditu! capUales j and both sorts are called quitrents, 
 guieii reditus, because thereby the tenant goes quit and free of 
 other services. Assisa cadere (to fall from the assize) : to be 
 nonsuited. Assisa cadit in juratam (the assize falls to a 
 jury) : the assize is converted into a jury. Assisa continuanda : 
 an ancient writ directed to the justices of assize to continue a 
 cause, when time is desired for the production of records. As- 
 sisa proroganda: a writ to stay proceedings at the assizes 
 because one of the parties was engaged in the King's business. 
 Assize of darrein presentment, Assisa ultlmse prsssenta- 
 tionis, I. An assize of last presentation. An action to deter- 
 mine who had the gift of a church living, superseded by qiiare 
 impedit. Assize of fresh force, Assisa friscae fortiae, I. 
 An action, assize, which lay by a custom of a city or borough for 
 the recovery of lauds of which the demandant had been disseised 
 within forty days. Assize of mort d'anoestor,/r., Assisa 
 mortis antecessoris, /. An assize to recover land of which the 
 demandant's father, mother, uncle, aunt, brother, sister, nephew, 
 or niece died seised, and a stranger abated. Assize of novel 
 disseisin, Assisa novae disseisinae, /. An assize to recover 
 land of which the complainant had been disseised since the last 
 circuit of the justices in eyre, i. e. within seven years. Assize of 
 nuisance, Assisa de nocumento, I. An assize to remedy a 
 nuisance, by having it abated and recovering damages. Assize 
 of utrum, assisa juris utrum, I. An assize sometimes called 
 the parson's writ of right, which lay for him or a vicar to recover 
 church lands alienated by his predecessors. Grand assize. A 
 peculiar jury, introduced by Henry II. and authorized in lieu 
 of battel for the trial of writs of right. The sheriff returned 
 four knights, who chose twelve others, making in all sixteen 
 recognitors. All these assizes are now obsolete. 
 Assisores, /., Assisors. Assessors ; jurors. 
 
ASSISTANCE— ATILIUM 31 
 
 Assistance. A writ issued by Chancery to execute a decree for 
 the possession of lands. 
 
 Association. A writ or patent addressed to the justices of the 
 assize, commanding and authorizing them to associate others 
 with them as justices, usually learned sergeants at law or the 
 clerks of the assize. Granted at suit of a party when a justice 
 dies or is disabled from holding the assizes. 
 
 Assoil, Assoilzie, sc, Assoiler./r. To acquit, absolve ; to deliver 
 from excommunication. 
 
 Assumpsit, /. He assumed ; he undertook. A promise, contract, 
 undertaking. The name of an action on the case, which lies for 
 the party injured by the non-performance of a parol contract. It 
 the contract or promise is express, the action is called special 
 assumpsit ; indebitatus assumpsit or general assumpsit, it 
 implied by law. This latter action generally applies only to con- 
 tracts resulting in a debt ; and judgment is given as damages for 
 the detention of the debt, differing thus from the action of Debt. 
 Assumpserunt super se : they undertook. 
 
 Assurance, Assurantia, I. An instrument used as evidence of 
 the title to land. Common assurances : a man's title-deeds. 
 Also, Insurance, q. v. The word has lately been applied to 
 life insurance to distinguish it haoifire and marine. 
 
 Assythment, assithment. An action in Scotch law, brought by 
 the relatives or personal representatives of a murdered person 
 against the guilty person before the trial of the latter. Damages 
 were awarded called an assythment, whence the name of the 
 action. 
 
 Astitution. An arraignment. 
 
 Astre,/)-., Astrum, A A hearth; a house. Astrer, Astrarius, /. ; 
 
 a householder ; belonging to, or born in, the house, v. Hteres. 
 Astribilthet, sax. A penalty of double the damage for breach of 
 the King's peace. 
 
 At,/r. Hath; and. 
 
 At arm's length. Out of another's undue influence or control. 
 At bar: before the court. At large : not limited to any par- 
 ticular matter, place, or person ; not under physical restraint. 
 
 Atia, acya, etc., /. Malice ; hatred. 
 
 Atilium, I. Tackle ; rigging. Atilia : the harness of a horse or 
 plough. 
 
32 ATUIUM — ATTAINT 
 
 Atrium, /. A court before a house ; a churcli-yard. 
 
 Attach, Attachiare, /. To take a person or goods by command- 
 ment of a writ or precept, and keep for presentment in court. 
 Differing from an arrest in that the latter term is only used of 
 persons; and a person arrested is handed over to a higher 
 authority for keeping. 
 
 Attachiamenta bonorum. A distress formerly levied by baihffs 
 upon the goods of one sued for a personal debt, as a security to 
 answer to the action. 
 
 Attachment, Attachiamentum, I. 1. A process of taking into 
 custody a person or property ; it issues from courts 'of i:ecord in 
 cases of contempt. If issuing only against the person, it is 
 called personal attachment. 3. Attachment of goods, 
 taken either as security or to give jurisdiction of an action 
 against a foreigner, in which latter case it was called Foreign 
 attachment. This existed in old English law, and is now 
 common in some of the Eastern States. 3. Foreign attach- 
 ment : a process, arising out of a custom of London, by which 
 the debtor's goods or debts were reached by the creditor in the 
 hands of a third person. Called also Factorizing or Trustee 
 Process, or Garnishment All these writs of attachment were 
 issued at the institution or during the process of an action in a 
 court of record. Attachment of privilege : a process whereby 
 a man privileged to litigate in a certain court (as attorneys and 
 officers in their own court) caUs another into that court to 
 answer to some action. Also, a writ issued to apprehend a 
 person in a privileged place. Attachments, Court of: v. 
 Court, 75. 
 
 Attainder. The extinction of civil rights and capacities which 
 resulted upon judgment of death or outlawry for treason or 
 felony. It included forfeiture of property; corruption of 
 blood, so that nothing could pass by inheritance to the heirs of 
 the person attainted, nor could he himself inherit from others ; 
 and inability to bear witness in a court of law, to sue or be 
 sued, or even to be put on trial again for felony. 
 
 Attaint. An old writ brought for the reversal of an improper ver- 
 dict. The action was tried by a jury of twenty-four men ; and if 
 the first verdict was found false, the twelve men of the first jury 
 were adjudged infamous. 
 
ATTEINDRE— AUDI 33 
 
 Atteindre, fr. To attaint, convict. Atteynte, Atteintz : at- 
 taint, attainted ; convicted ; found guilty. 
 
 Attendant terms. Long leases or mortgages, held by the OTvner 
 or his trustee as a distinct and additional title, to make his estate 
 more secure. 
 
 Attentare, I. To attempt. Attentat (he attempts): a wrong 
 motion or act in a cause made by the judge a quo pending an 
 appeal. 
 
 Atterminare, I., Atterminer, fr. To attermiue ; to delay ; to 
 grant time for the payment of a debt. 
 
 Attestation. Evidence. Testimony. The act of witnessing the 
 execution of a legal document and subscribing one's own name 
 as testimony of the fact. Attest : to witness, a witness. 
 
 Attile, attUamentum, I. Tackle ; v. AtiUum. 
 
 Attiugere, /. To touch ; to amount to. Atting', attingent : they 
 amount to, attain. Attiiicta : an attaint. Attinctus : at- 
 tainted. 
 
 Attornare, /., Attorner,/r., Attorn. To transfer; to consent to 
 a transfer ; to put in one's place ; to make attornment. Attorn- 
 ment : the act of a tenant in consenting to the transfer of the 
 reversion, with its rents and services, to a new lord, and in ac- 
 knowledging the new landlord. 
 
 Attornatus, I., Attorney. One who has authority to act for an- 
 other. If in conducting suits, he is termed attorney-at-la'w ; 
 V. Barrister. If by special authority for one act, or, more 
 broadly, in matters in pais generally, attorney in factum [in 
 fact]. Attorney-general : the chief law ofScer of the govern- 
 ment. 
 
 Au,_^. At the; to the; until. Au besoin (in case of need) : a 
 phrase used in the direction of a bUl of exchange, pointing out 
 some person to whom apphcation may be made for payment in 
 case of the refusal of the drawee to pay. Au ces temps : at 
 that time. Au dernier : at last. Au plus : at most. Au 
 quel : to which. Au tiel forme : in such manner. 
 
 Auceps syllabarum, /. (A catcher of syllables.) A quibbler. 
 
 Auctor,/;-., I. A plaintiff ; a principal ; a vendor. 
 
 Auoun,/r. Some ; some one ; any one, Auctrne foits : some- 
 times. Auounement : somewhat. 
 
 Audi alteram partem, I. Hear the other side. 
 
 3 
 
34 AUDIENCE — AVAIL 
 
 Audience Court v. Conrt, 83. 
 
 Audiendo et terminando, I. Oyer et terminer ; v. Assize. 
 
 Audita querela, I. (The complaint having been heard.) A writ 
 whioli Kes ^for a defendant who is in danger of execution, tp 
 recall or prevent the execution for some cause which has 
 happened since judgment. 
 
 Auditor, /., Auditor. One who examines accounts. In practice, 
 a person appointed by the court to take and state an account. 
 
 Auditus, ;. Hearing ; oyer. 
 
 Augmentation. The increase of crown revenues arising from 
 the suppression of religious houses, 27 Hen. VIII., and the 
 appropriation of their revenues. A court erected by Henry 
 VIII. to determine controversies about the lands of such houses; 
 V. Court, 43. 
 
 Aujourd'huy-j/r. To-day. 
 
 Aula, /. A hall, court. Aula regia, regis : the supreme court of 
 England established by William the Conqueror, afterwards di- 
 vided into three common-law eourts and Chancery ; v. Court, 4. 
 
 Aumone, Almoign,/r. Alms. 
 
 Auprfes,/r. Near; nigh; about. 
 
 Aurum reginse, /. Queen's gold. 
 
 Aussi, ausiut, etc.,/?-.' Also; in this manner. 
 
 Aut, /. Either ; or. Aut eo ciroiter : or thereabouts. 
 
 Autant,/r. As much; so much; like as. 
 
 Auter, autre, fr. Another ; other. Auter action pendant 
 (another action pending) : a plea in abatement stating that a 
 prior suit has been begun for the same cause. En autre droit : 
 in right of another. Pur auter vie : for the life of another. 
 Auterment: otherwise. Autrefois: at another time; for- 
 merly ; heretofore. Autrefois acquit (formerly acquitted) : a 
 plea of a criminal in bar to an indictment, that he has once be- 
 fore been acquitted of the same offence; v. Plea. So also 
 Autrefois convict, that he has been once before convicted; 
 asid Autrefois attaint, once before attainted ; v. Attainder. 
 
 Auxi,/r. Also;. so. Auxybien : as well. 
 
 Auxilium I. Aid ; an aid. Auxilium curiae : an old precept of 
 the court citing one person to warrant something, at the suit of 
 another. 
 
 Avail, aval, fr. Downwards ; below, v. Amoni. 
 
AVAILE — AVERS 35 
 
 Availe,_/r. Profit ; proceeds. Avail of marriage : value of mar- 
 riage ; V. Valor maritagii. Marriage. 
 
 Avalj^r. The guaranty of a bill of exchange, or note. 
 
 Avaler,_/V. To descend ; lower ; put down ; swallow. 
 
 Avant,y>. Before ; forward. Issint avant : so on. Avant dit : 
 aforesaid. 
 
 Avanture, Aventure,/r. Chance ; mischance ; adventure. 
 
 Avec, aveoques,y>. With. 
 
 Aveigner, avener,^. To come, become; happen. 
 
 Avenage,_/5-. Oats, given a landlord in lieu of rents or services. 
 
 Aver. To state ; to plead ; to avouch or verify. 
 
 Aver, avoir.y?-. To have ; v. X. 
 
 Average. 1. A service with cattle, due to a lord by his tenant. 
 2. A medium, mean. 3. A loss or damage to ship or cargo at 
 sea. 4. The adjustment or apportionment of such loss among 
 the owners and underwriters. 5. A small duty paid the master 
 for care of the cargo, over and above his freight. General 
 average : wlien part of a ship's cargo is destroyed or injured in 
 order to save the ship, the loss is apportioned among the propri- 
 etors in general or their underwriters. Also called Gross aver- 
 age. Particular average : partial loss or damage to goods 
 which must be borne by the owner, and is settled by the under- 
 writers according to the ratio which the goods lost bore to the 
 whole goods insured. This is called an Average, or partial 
 loss. Petty average : small charges paid by the master for the 
 benefit of the ship and cargo, such as pilotage, towage, anchor- 
 age, etc. 
 
 Aver-com. A reserved rent in com, paid to religious houses by 
 their tenants. Aver-Iand : land ploughed and manured by the 
 tenants. Aver-peny : money paid to be freed from doing the 
 King's averages or carriages, v. Average, 1. 
 
 Averium, /., averia. A working beast, an heriot ; cattle. Averia 
 carucae : beasts of the plough. Averia elongata : cattle 
 eloigned, carried away. Averiis captis in withernam 
 (cattle taken in withernam) : same as Capias in withernam. 
 
 Averment. The ending part of a plea in confession and avoidance, 
 or any affirmative pleading, which offers to verify the plea; the 
 verification, v. Aver. 
 
 Avers, /?•. Cattle, beasts ; cf. Affer. 
 
36 AVEUSIO — BAIL 
 
 Aversio periculi, I. A turning away of peril ; used of the contract 
 
 of insurance. 
 Avisare, /., aviser,/r. To adyise ; consult ; deliberate. Avisa- 
 
 mentum, /. .■ counsel. Avis,/r. . advised, instructed. 
 Avoidance. A makuig void ; an evading or escaping ; the state of 
 
 beiQg vacant, v. Confession, Plea. 
 Avoir, /r. To have. Property ; means ; estate. 
 Avoucber, fr. The calling into court, by a tenant, of a person 
 
 bound to warrant, to defend the title or yield Mm other lands. 
 Avouterie,/r., Avowtry. Adultery. 
 Avow, Avovrson, etc. v. Advote, etc. 
 Avowry. A pleading in replevin whereby the defendant avows 
 
 [confesses] the taking, and seeks to justify it on Ms own right ; 
 
 T. Conusance, Cognizance. 
 Avulsion. Earth suddenly removed by water and placed on the 
 
 land of another ; or land joined to another's land by change in the 
 
 bed of a stream. Such land remains the property of its original 
 
 owner. 
 Award. The decision of an arbitrator, referees, or commissioners. 
 Away-going crop. A crop sown during the last year of a ten- 
 ancy, but not ripe until after the end of the term. 
 Ay. In the beginning of French words ; v. Ai. 
 
 B. 
 
 Bacberend, sax, (Carrying on the back.) A term used of a tMef 
 caught with the stolen goods. 
 
 Back-bond. In Scotch law, a declaration of trust. 
 
 Backing. Indorsement. Backing a w^arrant : the indorsement 
 of a warrant, issued in one county, by a justice of the peace of 
 another, which enables it to be served in the latter county. 
 
 Backside. A yard beMnd a house. 
 
 Ball, Baila, I., Baile, bailie, fr. Delivery; livery; custody; 
 guardianship. The setting at liberty of a person in custody 
 upon others becoming sureties for his appearance at a day and 
 place assigned. Also, the persons who become such sureties ; 
 differing from mainpernors in that bail may confine and keep 
 the person bailed. Bail below, or to the sheriff: when a 
 
BAILEE — BARGAIN 37 
 
 bail-bond is giyen to the sheriff to secure the appearance of a 
 person arrested on mesne process. Bail above or to the ac- 
 tion: when a recognizance is entered into that the defendant in 
 an action shall pay the costs and judgment, or be surrendered 
 into custody. Common bail : bail with fictitious sureties, 
 amounting only to entering an appearance. Special bail : bail 
 with bona fide, responsible sureties. Justifying bail : ascer- 
 taining the sufficiency of the bail. Bail Court : v. Court, 9. 
 
 Bailee. The person to whom a bailment is made. 
 
 Bailie. In Scotch law, a magistrate, alderman, bailiff ; v. Court, 92. 
 
 Bailiff. A keeper ; a sheriff's officer ; a land steward. 
 
 Beuliwick, Ballivia, I. A sheriff's jurisdiction ; or a liberty ex- 
 empted therefrom ; a county. 
 
 Bailment A delivery of goods by one person to another for a pur- 
 pose or trust ; the contract resulting therefrom. 
 
 Bailor. The person making a bailment. 
 
 Bailpiece. A memorandum of special bail signed by the judge 
 and filed in court. 
 
 Ban, Banns. A proclamation ; edict ; the announcement in church 
 of a proposed marriage. The spiritual judge might dispense with 
 these by giving a marriage license ; but a marriage without either 
 banns or hcense was void and a penal offence. 
 
 Banc, Bank, Bancus, I. A bench; the fuU bench; the fuU court, 
 as distinguished from the sitting of a single judge at nisi prius. 
 Communis Bancus, abb. C. B. : the Common Bench, the Eng- 
 lish Court of Common Pleas. Bancus Regis, abb. B. R. : the 
 King's Bench; v. Court, 8. Banci narratores : sergeants at 
 law who enjoyed the monopoly of practice in the C. B. 
 
 Bank-note, Bank-bill. A promissory note issued by a bank and 
 payable to bearer on demand, intended for circulation as money. 
 
 Bankruptcy Courts : v. Court, 50. 
 
 Bar. A partition running across a court-room, separating the pub- 
 lic and outer barristers from the court, attorneys, sergeants. 
 Queen's counsel, officers, and parties appearing in person. At 
 bar : before court ; before the ftdl court, as distinguished from 
 nisi prius. Pleas in bar : pleas attacking the right of action 
 on grounds of fact ; v. Plea. To bar : to defeat, end, cut off. 
 
 Bargain and sale. A method of conveying land without livery of 
 seisin, under the statute of uses, for a valuable consideration. 
 
38 BAEMOTB — BATTEL 
 
 Barmote. v. Court, 73. 
 
 Baro, /., Baron,//-. A freeman ; a baron. Baron et feme : hus- 
 band and wife. Court Baron : v. Court, 11, 34. 
 
 Baron. 1. A vassal holding directly of the King. 2. The fifth 
 and lowest Enghsh degree of nobility. 3. A judge of the 
 Court of Exchequer. 
 
 Barra, I., Barre,/r. A plea in bar ; the bar of a court. 
 
 Barratry. Fraudulent, negligent, or wilfully injurious conduct on 
 the part of the master and crew of a ship, to the damage, and 
 without the knowledge of, the owner. 
 
 Barretry. The offence of frequently exciting groundless suits. 
 
 Barrister. In England, a counsel admitted to plead at the bar. 
 Outer or utter barristers : those who appear without the bar, 
 as distinguished from inner barristers (sergeants, or Queen's 
 counsel). Barristers conduct cases in court, while attorneys 
 prepare the pleadings and see to matters out of court. 
 
 Bas,/-. Low. Bas our : an inferior court, not of record. Bas 
 chevaliers : inferior knights holding by base tenure. 
 
 Base fee. 1. A fee with a qualification ; determinable upon some 
 collateral event. 2. A tenure in fee at the wiU of the lord. 
 Base tenure : by base services, as by villenage or customary ser- 
 vices. 
 
 Bastard. Li the common law, a person bom out of matrimony, or 
 under circumstances which render it impossible for him to have 
 been the son of the husband. Bastard-eigne,/-. .- the son of 
 two unmarried persons who afterwards intermarry and have 
 another son. The latter was called mulier puisne. Bastar- 
 dus nullius est filius ; aut filius populi : a bastard is no 
 man's son ; or the son of the people. 
 
 Bastardy process. The statutory method of procedure against 
 the putative father to secure the bastard's maintenance. 
 
 Baston,/-. A staff or club ; an officer, tipstaff. 
 
 Battel, Bataile,/r. Combat; duel. ^Vager of battel : a method 
 of trial by personal conflict which prevailed in the courts of chiv- 
 alry ; on appeals and approvements for felony ; and on writs of 
 right, in which last case the parties might fight by champions. 
 If the appellee was vanquished, he was hanged ; if he killed the 
 appellant or maintained the fight from sunrise to star-rise he 
 was acquitted. If the appellant became recreant and pronounced 
 
BATTERY — BENIGNE 39 
 
 the word craven (to beg) he lost his liberam legem and became in- 
 famous ; and the appellee recovered damages and was forever quit. 
 
 Battery. The physical injury of one person by another ; usually 
 employed, in connection with assault, of unlawful injury. 
 
 Beasts of the chase. The buck, doe, fox, mai-ten, and roe. 
 Beasts of the forest : the hart, hind, boar, and wolf. Beasts 
 of the warren : the hare, coney, pheasant, and partridge. 
 
 Bedel. A crier ; an apparitor ; a bailiff ; a beadle. 
 
 Bellum, /. War. Bello parta cedunt reipublicae : things 
 acquired in war go to the state. 
 
 Bench. A seat of judgment ; a court; the judges; v. Court, 5, 
 18. Bench ^warrant : a warrant issued by the judge or court 
 itself for the arrest of a person indicted, or for contempt; a jus- 
 tice's warrant being issued by a justice of the peace or magistrate. 
 
 Benchers. The governing members of the English Inns of Court. 
 
 Bene, /. Well ; sufficiently ; in due form. 
 
 Beuedicta est ezpositio quando res redimitur a destnic- 
 tione : that is a blessed interpretation wheu a thing is saved 
 from destruction [by which effect is given to the instrument]. 
 
 Benefice. In England, a church living. 
 
 Beneficiary. The cestui que trust. 
 
 Beneficium. A benefice. Beneficium clericale: benefit of 
 clergy. 
 
 Benefit of Clergy. A privilege of exemption from capital punish- 
 ment, granted to all who could read. The prisoner was then 
 handed over to the Court Christian, where he cleared himself 
 upon his o^th and that of twelve persons as his compurgators. 
 Later, it could be claimed by laymen only once ; and they were 
 burned in the hand. The privilege only applied to capital felo- 
 nies ; and was gradually removed by statutes. 
 
 Beneplacitum, I. Good pleasure. Durante beneplacito ip- 
 sius : during his good pleasure. 
 
 Benevolence. An extraordinary aid granted by freemen to the 
 sovereign, nominally voluntary. 
 
 Benigne faciendae sunt interpretationes, propter simplici- 
 tatem laicorum, ut res magis valeat quam pereat; et 
 verba intentioni, non e contra, debent inservire, i. In- 
 terpretations are to be made liberally, by reason of the ignorance 
 of laymen, that the instrument may have effect rather than be 
 
40 BEQUEATH — bill' 
 
 void ; and words ought to be made subject to the intention, not 
 the contrary. Benignior sententia in verbis generalibus 
 seu dubiis est preeferenda: the more liberal meaning of 
 general or doubtful words is to be preferred. 
 
 Bequeath. To give personal property by will. 
 
 Berenica, bernita, /. A manor; part of a manor; a hamlet appur- 
 tenant to a manor ; a town. 
 
 Berghmote. The old name of the Barmote Court j v. Court, 73. 
 
 Beria, I., Berg. 1. A plain, an open field. 2. A berg ; a mancr ; 
 a burgh. 
 
 Bernet, sax:. Arson ; any capital offence. 
 
 Besael, Besayle, etc.,/r. A great-grandfather. A writ like Aiel, 
 brought on the seisin of a great-grandfather ; v. Aiel. 
 
 Bestes, bestlales, etc., fr. Beasts ; cattle. 
 
 Betterment. A permanent improvement or addition made to lands 
 or houses by the occupant ; something more than repairs. 
 
 Beyond sea, beyond the four seas. Out of the kingdom of 
 Great Britain and Ireland. Out of the United States. Out of 
 the State. 
 
 Bien,y>-. "Well ; advisable ; lawfully. Del bien estre : de bene 
 esse, q. v. 
 
 Biennium, I. The period o\ two years. 
 
 Biens, fr. Goods ; goods and chattels ; property in general. 
 Biens meubles : bona mobilia, movable goods. 
 
 Bigamy. The oifence of having two wives or husbands at the same 
 time. In the civil and cauon law, having them either at the 
 same time, or one after the death of the other. 
 
 Bilagiues, bilagse, /. By-laws ; laws of towns. 
 
 Bilateral. Two-sided, v. Contract. 
 
 Biline. Collateral. 
 
 Biliuguis, /. Double-tongued ; one speaking two languages. Ap- 
 phed to a jury de medietate linguae, allowed in England in 
 cases between an Englishman and a foreigner, where half the jury 
 were of the latter's nation ; a jury of the half-tongue. 
 
 Bill. A written statement or declaration ; a complaint ; a record ; 
 
 an account. The word has many special and limited meanings. 
 
 I. In legal procedure. (Bill for cancellation : v. To perpetuate, 
 
 1. 13.) 1. Bill in chancery or equity : the complaint of a 
 
 suitor in chancery, iu the form of a petition, stating the case 
 
BILL — BILL FOR NEW TEIiL 41 
 
 and praying relief or discovery. It is the usual mode of begin- 
 ning a clianpery suit, and corresponds to the declaration in an 
 action at law. 2. Bill of conformity : a bill in equity filed by 
 an executor or adminstrator against the creditors when the es- 
 tate is so much involved that he cannot safely administer it with- 
 out the direction of a court of chancery. 3. Bill of costs : an 
 itemized statement of the costs awarded the plaintiff or defendant 
 in an action. 4. Bill of discovery : a bill in equity praying 
 for the disclosure of books, writings, or facts lying within the 
 defendant's knowledge ; and claiming no other relief except delay 
 of a process or suit ; y. Discovery. 5. Bill of exceptions: a 
 statement of the directions given by the judge, or his decisions 
 on points of law, to which the party excepting objects. Wlien 
 signed by the judge, the bill becomes part of the record, and may 
 be brought before the court in banc, or a superior court, for re- 
 view. 6. Bill of indictment : a written accusation of one or 
 more persons of a crime or misdemeanor, presented to a grand 
 jury. If they decide the accused ought to be tried, the return is 
 made a " true bill," and thenceforward it is called the indict- 
 ment. Otherwise the return is made " not a true bill," " not 
 found," or "ignoramus" (we do not know). 7. Bill of in- 
 terpleader : when a person possesses goods or money under 
 no claim of title, and two or more parties make such claim, 
 he being in danger of a suit from one or both of them ; he may 
 have this bill in equity to force them to iuterplead, that is, to 
 litigate the title among themselves, and get judgment which is 
 conclusive upon all. In England, there is a summary process of 
 interpleader at law. 8. Bill of Middlesex: a civil process by 
 which the Court of King's Bench sitting in Middlesex assumed 
 jurisdiction in civil cases without an original writ from the Crown. 
 It was founded on a fictitious trespass committed withiu the 
 county, of which tTie K. B. always had jurisdiction ; and was a 
 kind of capias. If the defendant was not in Middlesex, a writ 
 of latitat issued on the return of uon est inventus (he has 
 not been found) directed to the sheriff of the comity where he 
 was, alleging that the defendant lurks and wanders about in such 
 county. The true cause of action was introduced, in both writs, 
 by au ac etiam, q. v. 9. Bill for a new trial: a bill 'in 
 equity praying for au injunction after a judgment at law, on 
 
42 BILL — BILL OF ATTAINDER 
 
 grounds of fraud in obtaining the judgment. 10. Bill or Origi- 
 nal Bill : the old method of commencing an action in the K. B., 
 without a writ. It resembled a declaration, and was in the form 
 of a complaint, alleging a fictitious trespass to give jurisdiction ; 
 V. Sill of Middlesex. 11. Bill of particulars: the itemized 
 statement of the demand or debts for which an action is 'brought, 
 or of the defendant's set-off. 12. Bill of peace : a bill in equity 
 brought by one threatened with a number of suits by one or more 
 persons based on the same claim, or iuYolving the same contro- 
 versy, to obtain a perpetual injunction of such suits. 13. Bill to 
 perpetuate testimony : a bill in equity brought to obtain and 
 preserve the testimony of witnesses with reference to some mat- 
 ter which is not in litigation, nor can be put in litigation by the 
 plaintiff. The converse of a Bill for cancellation, which is 
 brought to destroy evidence which may affect the plaintiff injuri- 
 ously at some future time. So Bills to remove cloud upon 
 title, to settle and confirm a title which is really good, when the 
 possessor fears possible injury from evidence or deeds in posses- 
 sion of another, who has not brought action. All these bills may 
 be called (14.) Bills quia timet (because he fears), which last 
 title also includes bills filed by a remainderman of realty, or a 
 person having a future interest in personalty, to prevent injury 
 to such property or his rights thereto from the neglect or default 
 of another. IS. Bill of privilege : the old method of proceed- 
 ing against any attorney or officer of the court, who was not 
 liable to arrest. 16. Bill of review: a bill to review a judg- 
 ment in chancery, either for error or by reason of new evidence. 
 17. Bill of revivor : one brought to continue a suit in equity 
 which abated, as by death, or marriage of the (female) plain- 
 tiff, before its proper consummation. 18. Supplemental bill ; 
 one filed in addition to an original bill in equity, to supply some 
 defect by new matter which cannot be introduced by amend- 
 ment. 19. Bill to take testimony de bene esse: a biU 
 brought to get the testimony of an aged or uifinn witness, or one 
 about to leave the country, to a suit already begun ; v. De bene 
 esse. 30. True bill : v. Bill, I. 6. 
 II. In legislation or constitutional law. The draft of a law sub- 
 ■mitted to a legislative body for enactment. A special act. The 
 solemn declaration of a legislature. 1. Bill of attainder : an 
 
BILL — BILLA 43 
 
 act of Parliament or a legislature attainting a person ; v. Attain- 
 der. 2. Bill of indemnity : an act of Parliament passed every 
 session for the relief of those who have, unwittingly or unavoid- 
 ably, not taken the necessary oaths of ofloe. 3. Bill of mortal- 
 ity : the list of deaths and births in a municipal district. These 
 records were introduced in London about the time of the 
 Plague ; hence the expression was used to designate the city 
 limits. 4. Bill of rights : a legislative declaration of popular 
 rights and liberties, especially that of 1 W. & M., st. 2, c. 2. 
 III. In mercantile law ; the written statement of a debt, demand, 
 or contract. 1. Bill of adventure : a writing signed by a mer- 
 chant or ship-owner to the effect that the property and risk in 
 goods shipped in his own name belong to another, to whom he is 
 accountable for the proceeds ; v. Adventure. 2. Bills of credit : 
 paper issued by the authority of a state, on the faith of the state, 
 designed to circulate as money. Also, a letter giving a person 
 credit on the agents or correspondents of the maker for goods or 
 money. 3. Bill of debt : the old general term for a written 
 engagement gf a merchant to pay money on demand or -at a 
 specified time. It included bonds and negotiable paper. 4. Bill 
 of exchange : a written order from one person to another to pay 
 a certain sum of money to a third person, or his order, or bearer. 
 The first person is the drawer ; the second, the drawee, who, 
 when he accepts it, becomes the acceptor ; the third, the payee ; 
 the person to whom the payee indorses the bill, the indorsee ; 
 and the person in actual legal possession of the bill, whether in- 
 dorsee, payee, or bearer, the holder. 5. Bill of lading : a re- 
 ceipt issued by the master of a ship, or other common carrier, to 
 the shipper of goods, containing the contract of conveyance. It 
 is also a symbol of the goods theipselves, property in which will 
 pass, subject to certain liens, by proper transfer of the bill of 
 lading. 6. Bill of sale : an assignment in writing of personal 
 chattels. 7. Bill single : a bill of debt without penalty, super- 
 seded by bills of exchange and notes. If with a penalty it was 
 called a Bill penal, and corresponds to a bond or obligation. 
 Billa, I. A bill ; a declaration. Billa cassetur : that the bill 
 be quashed. Billa ezcambii: bill of exchange. Billa ex- 
 onerationis: a bill of lading. BiUa vera: a true bill; 
 V. Bill, I. 20. 
 
44 BIS— BONA 
 
 Bis, /. Twice. Bis petitum : twice demanded. Bis dat qui 
 oito dat : lie gives twice who gives quickly. 
 
 Black Book of the Admiralty. An ancient repository-of admi- 
 ralty law, containing the laws of Oleron with many ordinances 
 and commentaries. Of the Exchequer : an ancient book of 
 charters, conventions, etc., kept in the Exchequer. 
 
 Black mail. 1. A tribute paid by the inhabitants of the northern 
 counties of England to some^ border chieftain to be protected 
 from the depredations of the Scotch border-thieves and moss- 
 troopers. 2. Black rents : rents reserved in cattle, provisions, 
 or labor, as distinguished from ■white rents, payable in sUver. 
 
 Blada, /. Corn or grain ; orescentia, growing. 
 
 Blanc, blanche, /r., Blancus, 2. White; blank; smooth. Blanch 
 ferme: white rents; v. Black mail, 2. Blanch holding: a 
 Scotch tenure Hkey^ee and common socage, q. v. 
 
 Blank bar. Common bar ; a plea in trespass which forced the 
 plaintiif to assign a certain place for the injury. Blank in- 
 dorsement : V. Indorsement. 
 
 Blees, bl6,/r. Com, grain. Blees scies : grain cut. 
 
 Blench holding, v. Blanch holding. 
 
 Blodwite, sax. An amerciament for the sheSding of blood. 
 
 Bloody hand. When a person was caught trespassing in a forest, 
 was evidence of his having killed deer. v. Backberend. 
 
 Boc, sax. A book, writing ; deed ; charter. 
 
 Boc-laud. In Saxon law, land held by deed, and allodial ; like 
 free socage. Pole-land was held by the people without written 
 evidence of title, and more resembled viUenage. 
 
 Bois, boys, /r. Wood. Haut bois : high wood. Sub bois: 
 underwood. 
 
 Bon, bonne,/r. Good. Bones gents (good men) : persons quali- 
 fied. 
 
 Bona, /. Goods; property. Bona et catalla : goods and chattels. 
 Bona felonum: goods of felons. Bona forisfacta: goods 
 forfeited. Bona fugitivorum : goods of fugitives. Bona mo- 
 bilia, immobilia: goods movable, immovable. Bona nota- 
 bilia : goods worthy of notice, i. e. of the value of £ 5. If a de- 
 cedent left goods worth £5 in more than one diocese, adminis- 
 tration had to be taken out before the metropolitan of the prov- 
 ince,' by way of special prerogative, to avoid having two or more 
 
BONA— BOON-DAYS 45 
 
 administrators appointed by the different ordinaries of the dio- 
 cese. Bona peritura: perishable goods. Bona utlagato- 
 rum : goods of outlaws. Bona vacantia : goods without an 
 owner ; goods found, or goods belonging to a person dying with- 
 out successor or heir. Bona waviata : goods waived ; goods 
 stolen and thrown away by the thief in his flight. 
 
 Bona, bonus, bonum, I. Good. Bona fide : in good faith. 
 Bona fides non patitur ut bis idem ezigatur : good faith 
 does not suffer the same thing to be twice sued for. Bonse 
 fidei emptor : a purchaser in good faith. Bonae fidei posses- 
 sor in id tantum quod ad se pervenerit tenetur : a person 
 holding property in good faith is liable [to the real owner] only 
 for those [profits] which have actually come to him. 
 
 Bond. An instrument under seal, wherein the maker or obligor 
 expresses that he owes or will pay a certain sum of money to the 
 obUgee ; usually with a condition added, that, in the event of his 
 performing a certain act or paying another sum, the instrument 
 is to be void. Bond and disposition in security: the 
 Scotch term for a mortgage of land. Bond tenants : copy- 
 holders and customary tenants. 
 
 Boni et legales homines : good and lawful men. Boni judicis 
 est ampliare jurisdictionem : it is the duty of a good judge 
 to construe his jurisdiction liberally. Boni judicis est judi- 
 cium sine dilatione mandare ezecutioni : it is the duty of 
 a good judge to put the judgment into execution without delay. 
 Boni judicis est lites diximere, ne lis ez lite oriatur : it is 
 the duty of a good judge to put an end to suits, lest suit should 
 grow out of suit. 
 
 Bonis non amovendis, /. (The goods not to be removed.) A 
 writ directing the sheriff to hold the goods of a person against 
 whom judgment has been obtained, pending the prosecution of a 
 writ of error. 
 
 Bono et malo. v. De. 
 
 Bonus, I. A premium given for a loan. v. Bona. Bonus judex 
 secundum aequum et bonum judicat, et aequitatem stricto 
 juri prsefert : a good judge decides according to what is just 
 and good, and prefers equity to strict law. 
 
 Book-lands, v. Boc-lands. 
 
 Boon-days. Certain days in the year when copyhold tenants did 
 base services for their lord. 
 
46 BOOT — BREACH 
 
 Boot. V. Bote. 
 
 Booty. Property of the enemy captured in war on land. 
 
 Bordage, Bordagium, I. A species of base tenure by finding the 
 lord in provisions, or perhaps by carrying timber. 
 
 Bordarii, bordimanni, I. Cottagers ; tenants in hordage. 
 
 Bordlands. Lands held ui bordage ; the demesne lands which the 
 lord reserved to supply his table. 
 
 Borgh, mx. A pledge; a surety. Borghbrecli: breach of the 
 mutual pledge existing among the members of a tithing for their 
 good behavior. 
 
 Borough, burg, Bourg,/r. A -walled town ; a town sending a bur- 
 gess to Parliament. Borough-court : v. Court, 35, 57l 
 
 Borough English. A custom of burgage tenure, prevailing in 
 some old English boroughs or manors, whereby land descended 
 to the youngest son, instead of the eldest. 
 
 Borsholder : Head-borow, the chief pledge. 
 
 Bote, boot, sax. Compensation; reparation; an allowance; an 
 estover. Housebote : an allowance of wood to the tenant for 
 repairing the house ; haybote or hedgebote, for his hedges ; 
 ploughbote or cartbote, for his implements of husbandry; 
 firebote, for fuel. 
 
 Bottomry, bummaree. A contract by which money is loaned at 
 a high rate of interest (fcernis nauticum) upon the mortgage or 
 hypothecation of a ship. The loan is repayable only upon the 
 safe return or arrival of the ship ; and is made to enable the mas- 
 ter to make or continue his voyage, v. Respondentia. 
 
 Bouche,/r. Mouth. Ne gist en le bouche (it does not lie in the 
 mouth) : it is not for one to say. 
 
 Bought and sold notes. Memoranda of a contract made through 
 a broker, signed by him, and given, one to the buyer and the 
 other to the seller, when they becopae binding on both. 
 
 Bourg,/r. A walled town ; a village ; v. Borough. 
 
 Bovata terras, /. An oxgang, oxgate. 
 
 Brachium maris, I., Brace de la mer,/?-. An arm of the sea. 
 
 Braoton. The writer of the treatise De Legibus et Consuetudinibus 
 Angli<B ; tempo Henry III. 
 
 Breach of close. Unlawful or unlicensed entry on another's land. 
 Breach of peace : the term includes assaults, batteries, forcible 
 entry, criminal libel, pubKc threatening, and turbulent and in- 
 
BRBHON — BURGESS 47 
 
 decorous conduct. Breach of privilege : an act or default in 
 violation of the privilege of a parliament or legislature. 
 
 Brehon law. The old Irish law existing before the conquest by 
 Henry II., so called from brehon, a judge. 
 
 Breve, pL, brevia, I., Bref, brefe, fr.. Brieve, sc. A writ. 
 A precept of the King, in writing, issuing out of a court. 
 Breve de recto : a writ of right. Breve originale : an origi- 
 nal writ ; V. Writ. Brevia anticipantia : writs of prevention, 
 at common law ; v. Writ. Brevia formata or de cursuj 
 formed writs, or writs of course; v. Writ. Brevia judicia- 
 lia: judicial writs ; v. Writ. Brevia uominata : named writs, 
 writs specifying the circumstances of the case; formed writs. 
 Brevia iunominata : writs making only a general complaint. 
 Brevia magistralia : writs prepared by the masters in chancery 
 in cases where there were no brevia formata, the writ being varied 
 to suit each case. The necessity for them was removed by Stat. 
 West. II., c. 24, authorizing writs upon the case ; v. Action on the 
 ease, Writ. Brevia testata : short written memoranda of con- 
 veyances by livery or hand grants, from which the modern deed 
 has grown. They were not signed, but contained the names of 
 the witnesses to the conveyance. 
 
 Brief In England, a statement of a client's case, prepared by the 
 attorney for the convenience of the barrister, containing the facts, 
 pleadings, names of witnesses, and suggestions. In America, a 
 written or printed argument of counsel submitted to the court. 
 
 Brigbote, bnigbote, sax. A contribution for the repair of bridges. 
 
 Brocage, brokerage. A broker's pay, commission. 
 
 Broker, brogger, Broccator, /. An agent employed to buy, 
 sell, or make contracts. 
 
 Brutum fulmen, I. An empty threat. 
 
 Burg. A borough. Burgbrech : v. Borghhreeh, Burghmote : 
 V. Court, 35. 
 
 Burgage. A tenure by which houses, or lands formerly covered 
 with houses, in an ancient borough, are held of the King or lord 
 of the borough. It is a kind of socage, affected by some old 
 Saxon customs, v. Borough English. 
 
 Burgbote. A tribute towards repairing the walls of a town. 
 
 Burgess, Bourgeois, /n The freeman of a borough ; a magistrate ; 
 an elector ; a representative in Parliament. 
 
48 BURGLAR— CALL 
 
 Burglar, Burgator, I. One who breaks and enters the dwelling- 
 house of another by night, with felonious intent. (This defini- 
 tion has been much changed by statute.) 
 
 •Burking. Murder for the purpose of seUing the bodies for dissection. 
 
 Butts and bounds. The lines separating a piece of land from the 
 land surrounding ; v. Abuttals. Butts also means the comers or 
 angles of such lines. 
 
 Buying of titles. The purchase of land or claims to land from 
 one not in possession. The transfer was void, and an offence at 
 common law. v. Champerty. 
 
 By-laM7s. Local laws of towns or courts. Laws made by a corpo- 
 ration for itself. 
 
 By the bye. (/., obiter^ LicidentaUy ; without special process. 
 Used of a declaration filed, against a person already in custody, 
 by another plaintiff, or for a new cause of action. 
 
 c. 
 
 C. B. Por Common Bench. C. P. For Common Pleas. 
 
 (f^fr. Here. Cd et 14 : here and there. 
 
 Ca. resp., Ca. sa. v. Capias ad respondendum, ad satisfaciendum. 
 
 Cablisb, Cablis,^. Brush-wood; wind-fallen boughs. 
 
 Cadere, /. To fall ; end ; cease ; fail ; abate. Cadit qusestio : 
 there is an end of the question. Cadere a or ab : to fall from, 
 faQ in, lose. Cadere assisa: to be cast, nonsuited. Cadere 
 in : to fall into, change into, become liable to. 
 
 Caducus, I. Ealluig. Caduca : escheats. 
 
 Caducary. Relating to escheats or forfeitures. 
 
 Caetera desunt, I. Other things [the rest] are wanting. Caeteris 
 paribus : other things equal. Caeteris taceutibus : the others 
 silent [expressing no opinion]. 
 
 Caeterorum, /. Administration caterorum is given as to the rest of 
 the estate, after a limited power has been exhausted. 
 
 Calcetum, calcea, I. A causey. 
 
 Call. To call, in land law, is to require a point of surveying to 
 correspond with some natural object. Such objects, or bases of 
 survey, are termed the calls. Calling the plaintiff: a formal 
 nonsuiting, when the plaiatiff desires to abandon the case, ef- 
 
CALUMNIAHE — CAPIAS 49 
 
 fected by his nonappearance at the call of the crier. Calling 
 to the bar: the making a student barrister at law. 
 
 CalumnJare, I. To claim ; object to ; challenge. 
 
 Cambipartia, I. Champerty. 
 
 Cambist. A dealer in notes and bills of exchange. 
 
 Camera, /. A chamber, judge's chamber ; a treasury ; v. Chani- 
 ber. Camera regis (a chamber of the king) : a harbor or 
 place of commercial priyilege. Camera scacoarii: the Ex- 
 chequer Chamber. Camera stellata: the Star Chamber; v. 
 Court, 44. 
 
 Campus, /. A field. Campfight, battel. Campi partitio : 
 
 Cancellaria, I. Chancery. Cancellariua : the chancellor. Can- 
 oelli : bars, lattice-work, whence the name of the Court of Chan- 
 cery ; V. A. 
 
 Canon. 1. A law. 2. A prebendary, member of a chapter. 
 Canon law : the law of the Church of Rome as to matters in 
 its jurisdiction; and partly preserved in English ecclesiastical 
 law and admiralty. 
 
 Cantred. In Wales, a hundred. 
 
 Capaz, /. A taker or holder; capable of. v. Boli. 
 
 Cape, /. (Take.) A writ judicial, issued in real actions for the 
 recovery of land, directing the sheriff to take and hold the land 
 when the tenant or defendant made default. The grand cape, 
 cape magnum, was awarded when the defendant had never ap- 
 peared to the summons, and required an answer to the default 
 and the demand ; the petit cape issued after appearance, and 
 required an answer to the default alone. Cape ad valentiam: 
 a kind of grand cape, awarded a defendant in a real action when 
 the person whom he called to warrant made default and the de- 
 mandant recovered. It commanded the sheriff to take land of 
 the vouchee to the value of the land recovered. 
 
 Capias, /. (That you take.) The general name for a writ of at- 
 tachment or arrest. 1. The capias ad respondendum, called 
 commonly capias, was a judicial writ issuing from the C. P. or 
 K. B., supposed to be founded on an original, directing the sher- 
 iff to arrest the person of the defendant, and have him before 
 court on the return day to answer the plaintiff in his suit. If 
 the sheriff returned non est inventus, or the defendant lived 
 4 
 
50 CAPIAS — CAPUT 
 
 in another county, a testatum capias issued from the C. P. to 
 the sheriff of that county, reciting such fact, and ordering his ar- 
 rest as before ; so, in the K. B., a Bill of IV^iddlesex ; v. Bill, 
 I. 8. 2. Capias ad satisfaciendum : a writ of execution of 
 the highest nature, commanding the sheriff to have the defendant 
 before court on a certain day to satisfy judgment ; its effect was 
 to imprison the defendant until he made satisfaction. 3. So, ad 
 computandum, on a judgment that the defendant account. 
 4. Capias ad audiendum judicium : a writ to bring in a de- 
 fendant, who has been found guilty of a misdemeanor in his absence, 
 \xi hear judgment. 5. Capias in withernam : a writ of reprisal 
 granted one whose cattle or goods have been distrained and car- 
 ried out {eloigned^ of the county so they cannot be replevied. 
 It directed the sheriff to take other cattle or goods of the dis- 
 trainor, of equal value, v. Withernam. 6. Capias pro fine : an 
 obsolete writ ordering the arrest of an unsuccessful defendant in 
 cases where s,Jin,e was due from him to the King. 7. Capias 
 utiagatum (that you take the outlaw) : a writ for the seizure of 
 the goods or person of an absconding defendant who has been 
 outlawed ; v. Exigent. 
 
 Capiatur pro fine, I. Let him be taken for the fine; v. Ca- 
 pias, 6. 
 
 Capita, ;. Heads ; persons. Per capita : by heads, per head, in 
 distinction from per stirpem, by stock, by way of representa- 
 tion. V. Caput. 
 
 Capital, Capitalis, I. Chief ; principal ; affecting the head or life. 
 Capitalis dominus, plegius, debitor, baro, etc. : the chief 
 lord, surety, debtor, baron. Capitalis justitiarius : in old 
 English law the fi'ls.ti justiciar or justice. 
 
 Capitaneus, I. A person holding an estate in capite ; a captain. 
 
 Capitation. A poll or personal tax. 
 
 Capite, in. v. Caput. 
 
 Captio, I., Caption. 1. A taking ; a seizure ; an arrest. 2. The 
 heading of a document. 
 
 Caput, I. A head ; a person. A chief ; beginning, principal. Ca- 
 put auni : the first day of the year. Caput baronise : a noble- 
 man's mansion-house, which descended to the eldest daughter if 
 no son. Caput lupinum (a wolf-head) : an outlaw. Caput, 
 principium et finis : the head, beginning and end. In capite ; 
 
CAR — CASTLE 51 
 
 m chief ; directly of the King or chief lord. Capitis deminu- 
 tio : loss of condition or rank. 
 
 Car,/r. For; because. Carentant: forasmuch. 
 
 Carcare, /. To load. Carcata : freighted. 
 
 Career, I. A gaol. Career ad homines custodiendos (con- 
 tinendos) non puniendos haberi debet : a gaol ought to be 
 kept to guard (confine) men, not to punish them. 
 
 Carnaliter coguovit, /. [He] carnally knew. 
 
 Carrier. One who carries goods for hire. v. Common carrier. 
 
 Carta, charta, I. A deed, charter, v. Charta. 
 
 Carte blanche, yr. A white sheet of paper ; a blank instrument. 
 Used of a signature, given with authority to fill up as desired. 
 
 Cartel. A written challenge. An agreement between two hostile 
 states relating to the exchange of prisoners. Cartel ship : a 
 ship of trucBj unarmed, employed to carry messages, exchange 
 prisoners, etc. between two hostile states. 
 
 Carucata, I. Prom caruca, a plough. A plough-land, a carve of 
 land ; as much land as one plough could cultivate. 
 
 Carvage, carucage. A tax imposed on each plough, or carve of 
 land. 
 
 Cas,^. Case. Cas fortuit : an inevitable event. 
 
 Case. 1. V. Action upon the case. Trespass on, the case. 2. An 
 action or suit at law. Case agreed or stated : a statement of 
 the facts agreed on by the parties, or by another court, and sub- 
 mitted to the court without trial for decision of a point of law. 
 So, case reserved, or made, special case, where points of 
 law are reserved by the judge or parties for the decision of the 
 court in banc, and a nonsuit or verdict is given subject to such 
 decision. 
 
 Cassare, /., Casser,/r. To break ; to annul, quash. Cassatio, /. : 
 a quashing, an abatement. Cassation,^^. : the annulling or ap- 
 peal of a judgment ; the Prench highest court of appeal. Casse- 
 tur billa or breve : let the bill or writ be quashed ; the form 
 of judgment for the defendant on a plea in abatement. 
 
 Cast. To allege, proffer; to overthrow, defeat Cast cin essoign : 
 to put in an excuse for non-appearance in an action. 
 
 Caste, I. Chastely. 
 
 Castigatory. v. Common scold. 
 
 Castle guard or ward. A feudal service or tenure. An imposi- 
 
52 CASU — CAUSAM 
 
 tion laid on dwellers ■within a certain distance of a castle to main- 
 tain the garrison. 
 
 Casu consimili, I. 1. In a similar case ; t. Action on the case. 
 2. An old writ of entry which lay for a reversioner to recover 
 land alienated by a tenant for life or by the courtesy, for a 
 greater estate than he held ; so called because like the writ of 
 Casu proviso, which was a similar writ brought against a ten- 
 ant in dower. Both could be brought during the life of the ten- 
 ant, thus differing from Ad communem legem. 
 
 Casual ejector. The fictitious defendant in ejectment. 
 
 Casus, ;. Case ; event ; chance. Casus foederis : a case within a 
 treaty, to which it applies. Casus fortuitus: an inevitable 
 event ; a chance occurrence. Casus fortuitus non est spe- 
 randus, et nemo tenetur divinare : a chance event is not to 
 be expected, and no one is bound to foresee it. Casus major : 
 an extraordinary casualty. Casus omissus: a case omitted, 
 unprovided for. Casus omissus et oblivioni datus dispo- 
 sitioni juris communis relinquitur : a case omitted and for- 
 gotten is left to the disposal of the common law. 
 
 Catalla, I. Chattels; all goods except fees and freeholds. Ca- 
 talla odiosa : dead goods [not animals] ; idle cattle [not beasts 
 of the plough]. 
 
 Catallis reddendis. v. De. 
 
 Catchpole. A sheriff's deputy, bailiff. 
 
 Cattle-gate. A right of pasturing cattle in another's land. 
 
 Causa, I. Cause ; occasion ; reason; a suit. Causa causans or 
 remota: the original or remote cause. Causa causata or 
 prozima : the immediate or next cause. Causa mortis, adul- 
 terii, impotentisB : by reason of death, adultery, impotence. 
 Causa proxima, non remota, spectatur : the immediate cause 
 is considered, not the remote. Causa et origo est materia 
 negotii : the cause and origin of a thing are material parts of it. 
 Causa matrimonii prselocuti : an old writ of entry which lay 
 for a woman who had given a man lands in fee with intent that 
 he should marry her, and he refused. Causa jactitationis 
 maritagii: in ecclesiastical law, a suit of jactitation of mar- 
 riage, to enjoin silence on one claiming to be married to the libel- 
 lant. 
 
 Causam nobis significes, I. (That you signify to us the reason.) 
 
CAUTIO — CEPIT 53 
 
 A writ that lay against the mayor of a town who had refused to 
 deliver seisin to the grantee of the King. 
 
 Cautio, /., Caution. Security; bail ; a bond given by way of surety. 
 
 Caveat, I. (-Let him beware.) A formal notice to a court or a 
 judicial or ministerial officer not to do some act, or not without 
 notice to the " caveator." It is filed by the party having interest 
 in the matter, to prevent the enrolment of a decree in Chancery 
 when an appeal is contemplated, to prevent the probate of wills, 
 granting letters of administration, letters patent, a patent for 
 lands, and in other cases. Caveat emptor : let the purchaser 
 take care. [In the absence of warranty or special covenant, the 
 seller guarantees neither title nor quaUty of the goods or lands.] 
 Caveat emptor, qui ignorare non debuit quod jus alie- 
 num emit : let the buyer take care, who ought not to be igno- 
 rant that he is buying another's right. 
 
 Cayagium, /. Kayage, a duty paid for landing goods at a wharf. 
 
 Ce, Ceoy, Ceo,_/y-. This. 
 
 Ceans, fr. Here within. 
 
 Ceapgild, sax. Payment, or forfeiture, of an animal. 
 
 Cel, celle, oeluy,/r. That. 
 
 Cenegild, sax. A mulct paid by the slayer to the kin of a person 
 slain. 
 
 Centeaa, I. A hundred,. 
 
 Central Criminal Court, v. Court, 47. 
 
 Ceo,/r. V. Ce. 
 
 Ceorl, carl, churl, sax., Ceorlus, /. A freeman of inferior rank ; 
 a tenant at will by rents or services ; a husbandman. 
 
 Cepi corpus, /. I have taken the body. Cepi corpus et para- 
 tum babeo : I have taken the body and have it ready. These 
 were the returns of a sheriff to a writ of capias when the party 
 arrested was out on bail. If in actual custody, the return was 
 cepi corpus et est in custodia. 
 
 Cepit, I. He took. Replevin in the cepit : when brought for the 
 taking only, not the keeping; v. Replevin, Deiinet. Cepit in 
 alio loco (he took in another place) : the plea in replevin when 
 the defendant intended to avow and claim a return. Cepit et 
 abduxit (he took and led away) : emphatic words in a writ of 
 trespass brought for animals; cepit et asportavit (he took 
 and carried away), if brought for goods. 
 
54 CERT — CESTUI 
 
 Cert money. Head-money paid by tenants to the lords of manors 
 for the keeping of the court-leet. 
 
 Certificate, trial by. When an action was determined by the 
 written evidence of some person best informed, which is final. 
 Certificate into chancery : the opinion of a common-law 
 court on a matter arising in a chancery suit. 
 
 Certification of assize. An old writ for review of a matter tried 
 by assize. 
 
 Certified check. A check as it were accepted, by having the 
 bank's teller or cashier write his name across the face, thereby 
 admitting that the bank has funds to meet it. 
 
 Certiorari, I. (To be made more certain, to be informed.) A writ 
 issuing from a superior court to an inferior, before verdict, re- 
 questing the latter to send up the proceedings or record for re- 
 view or trial. It was an original writ issuing from Chancery or 
 the K. B. in civil or criminal cases. It was also auxiliary to a 
 writ of error. It lies, in the U. S., to courts not of record, or 
 tribunals proceeding not according to the common law ; and after 
 judgment. A bill of certiorari was a bill in chancery, praying 
 relief, and the removal into chancery of a suit in an inferior court 
 of equity, for reason of incompetency or hardship. 
 
 Certum est quod certum reddi potest, I. That which can be 
 made certain is certain. 
 
 Cessare, I. To cease ; to stay, stop. Cessante causa, cessat 
 effectus : the cause ceasing, so does the effect. Cessante 
 ratioue legis, cessat et ipsa lex : the reason of the law ceas- 
 ing, so does the law itself. Cessavit per biennium: the 
 writ of an obsolete real action for the recovery of land, which 
 lay for a lord against a tenant in fee who ceased during two yean 
 to pay rent or perform services ; also against a religious house 
 who held lands by spiritual services or alms, when there was not 
 enough goods and chattels on the land for a distress. Cesset 
 e^ecutio, or processus: let the execution or process be stayed; 
 the old formal order, and entry on the record, for such delay. 
 Cesser, cessure. Neglect; omission. 
 Cessio bonorum, I. The abandonment or assignment by a debtor 
 
 of aU his property for the benefit of his creditors. 
 C'est asgavoir, asaver,/r. That is to say, to wit. 
 Cestui, cestuy,/r. He. Cestuy que doit enheriter al pere 
 
GET — CHANCELLOR 55 
 
 doit enheriter al fitz : lie who would be heir to the father 
 shall be heir to the sou. Cestuy que trust (he who trusts) : 
 the beneficiary under a trust. Cestuy que use : he to whose 
 use or profit another is enfeoffed or seised of lands. Cestuy 
 que vie : he whose life determines an estate for life. 
 
 Get, oettuy,/r. That. Ceux, oeulx : those. 
 
 Chacea, /., Chace,//-. A chase. 
 
 Chalenger,/r., Challenge. To object; except to; to claim, de- 
 mand ; to dispute. Challenge to the array : an objection to 
 the whole panel of jurors. Challenge to the polls : an objec- 
 tion to a juror or jurors singularly and personally. There are 
 four kinds of this challenge : propter honoris respectum, on 
 account of honor, as if a lord of Parliament be called; propter 
 defectum, for defect, lack, of estate or other qualification ; prop- 
 ter affectum, /or partiality or bias; propter delictum, for 
 some crime or misdemeanor that renders him infamous, or affects 
 his credit. These are all challenges for cause in distinction 
 from peremptory challenges, which are usually allowed in 
 criminal cases. They are also principal challenges, in distinc- 
 tion from challenges for favor, a weaker kind of challenge prop- 
 ter affectum, as for acquaintance, probable opinion, or the like. 
 
 Chamber. A court; a treasury. Chambers : the private room of a 
 judge ; any place where he does business when not sitting in court. 
 Chambers, the King's chambers: parts of the sea, included 
 within lines drawn from one point of land' to another, over which 
 the nation claims jurisdiction, and where aU hostilities must cease. 
 
 Champarty, champerty. The offence of aiding another man in 
 his suit upon condition to have part of the thing in suit when re- 
 covered or preserved. It included the purchasing of the thing 
 pending the action, and the buying of titles ; and was a kind of 
 viainlenance. 
 
 Chancellor. The judge of a court of equity. The highest officer 
 of a university, usually an honorary position. A president, or 
 judicial officer. Chancellor of a diocese : he assists a bishop 
 in law matters, and holds his consistory court. Chancellor of 
 the Duchy of Lancaster : he presides over the Duchy Court. 
 Chancellor of the Exchequer : he formerly presided in the 
 Exchequer, with the barons of that court, over whom he took 
 precedence, and looked out for the interests of the Crown; and 
 
56 CHANCELLOR— CHASE 
 
 sat also in the equity side under the Lord High Treasurer. Now 
 the principal finance officer of the government. The Lord High 
 Chancellor is the highest judicial officer of the realm, supreme 
 judge of the Court of Chancery, Keeper of the Great Seal, privy 
 councillor, and Prolocutor of the House of Lords. 
 
 Chance-medley. Accidental killing in self-defence, on a sudden, 
 unpremeditated attack. 
 
 Chancery. Equity; a court of equity, v. Court, 15. 
 
 Chanter, chaunter,/?-. To sing; to declare aloud; to find a ver- 
 dict. 
 
 Chantry, Chauntry. A church, chapel, or altar endowed mth 
 lands for the maintenance of priests to do spiritual service, or 
 sing masses for the repose of the soul of the donor. 
 
 Charge. 1. A burden, incumbrance, or lien; as when land is 
 charged with a debt. 2. A claim, demand. 3. The summing 
 up, or final address of a judge to a jury. 4. The charging part 
 of a bill in equity, either alleging evidence, or matters in anti- 
 cipation of the defence, or to which the plaintiff wishes the de- 
 fendant's answer. Charge and discharge: the old method 
 of taking accounts in chancery, where the plaintiff delivers his 
 account to the master, and the defendant his discharge, his ob- 
 jections, or counter-claim. Charging order : an order obtained 
 under English statutes by a judgment creditor to have the stock 
 of the debtor in any public company or funds charged with the 
 debt. 
 
 Charta, /. A charter ; a deed ; an instrument under seal. Charta 
 communis: an indenture, a deed with mutual covenants; so 
 charta cyrographata: a deed executed in two parts. Charta 
 de non ente non valet : a deed of a thing not in existence is 
 void. Charta partita: a charter-party. Charta Magna, de 
 Forests, see those titles. 
 
 Charter-land. Boc-land ; land held by written evidence; freehold 
 land. 
 
 Charter-party. The contract for hire of a vessel. 
 
 Chartis reddendis. v. Be. 
 
 Charue,^. A plough. 
 
 Chascun,/r. Each; every. 
 
 Chase, chace. 1. A tract of wild land, in size between a forest 
 and a park, unenclosed, and not subject to forest law, privileged 
 
CHATEL — CHIEP 57 
 
 for game and wild animals. 3. A franchise granted to a subject 
 empowering the latter to have a chase. 3. The right of hunting 
 wild animals ; common chase, where every one has such right. 
 
 Chatel, chatelle,/r., Chattel. A chattel ; any article of property 
 not a freehold or fee in land. Ghateux, cateux, fr.. Chat- 
 tels, catcils : plural, v. Catalla. Cateux meubles, immeu- 
 bles : goods movable, immovable. Chattels real : such as are 
 annexed to, or arise from, real property, but yet do not amount 
 to a freehold, such as a lease for years. Chattels personal : 
 movable goods, or interests concerning them, not annexed to the 
 realty. Chattel interest : an interest in realty not amounting 
 to a freehold, and which is usually governed by the law of per- 
 sonal property. 
 
 Chaud-medley. Killing a man in an affray in the heat of passion. 
 
 Chaunter, Chauntry. v. Chanter, etc. 
 
 Check, Cheque. A check resembles an inland bill of 'exchange. 
 It is an order on a bank or banker for the payment of money to 
 the drawer, or a third person, order, or bearer. There is, how- 
 ever, no distinct acceptance ; no days of grace are allowed ; and 
 it is not a matter of credit, but an appropriation of money in the 
 hands of the bank. 
 
 Cheser, cheir, chaier, etc.,/r. To fall. Chaye: fallen. Chet, 
 chiet : it falls, happens. Cheaunce : an accident, chance. 
 
 Chef, fr. The head ; chief ; beginning. 
 
 Chemin, chimin, y?-. Away, road; a journey. 
 
 Chesoun,/r. Each; every. 
 
 Chet. V. Cheser. 
 
 Chevage, chivage, fr., Chevagium, I., Chiefage. A sum of 
 money paid yearly by villeins to their lord in acknowledgment of 
 bondage. A poll-tax paid to the King by the Jews. 
 
 Chevisance,^. A bargaining, contract. A usurious agi-eement. 
 
 Chief. Head ; lord ; principal. Chief justice : the oldest, or pre- 
 siding judge of a court. The chief justice of England is 
 the chief justice of the K. B. Chief lord: the ultimate or 
 highest lord of the fee, of whom the mesne lords held, before 
 Stat. Quia Emptores. A tenant in chief is one holding directly 
 of the chief lord, of the King. Chief rents : quitrents, rents 
 paid by the freeholders of a manor in discharge of all services. 
 V. Rents of assize. Cliief-pledge : a head-borow, borsholder ; 
 
58 CHIEF — CIRCUITUS 
 
 the head of a decennary. In chief, tenure in : v. Chief lord. 
 Examination in chief : tlie first examiaation of a witness, as 
 distinguished from cross-examination. 
 
 Chiltern Hundreds. The hundreds of Stoke, Desborough, and 
 Bonenham, the stewardship of which is a nominal office in the 
 gift of the Crown. As acceptance of an office under the Crown 
 vacates a seat in the House of Commons, this office is giyen to a 
 member wishing to retire, to evade the principle that a member 
 of Parhament cannot give up his seat. 
 
 Chimin, _;^. Away. Chiminage: a toll paid for having a way 
 through a forest. 
 
 Chirgemote, cbirchgemote, sax. A synod; an ecclesiastical 
 court. 
 
 Chirograph. A deed, indenture ; a fine of lands. The word was 
 written between the two parts of an indenture in the place where 
 the parchment was cut. Chirographum apud debitorem 
 repertum prassumitur solutum : a bond found with the 
 debtor is presumed to have been paid. 
 
 Chivalry. Knight-service, v. Tenure. 
 
 Chose,/;-. A thing. Chose in action: a personal right to a 
 thing not actually in possession, but recoverable in a suit at law; 
 or to the performance of a contract. Chose in possession: 
 a thing actually possessed and enjoyed. 
 
 Christianitatis curia. The Court Christian, v. Court, 79. 
 
 Churl. Ceorl. 
 
 Ci, cy, si,/-. So. Here. Cidevant: heretofore. Cibien: as 
 well. Ci tost : as soon as. Cy gist : here lies. 
 
 Cinque ports. Five (now seven) ports on the S. E. coast of Eng- 
 land having privileges of their own, with a governor called Lord 
 Warden, and an exclusive jurisdiction of their own, for which 
 they were bound to furnish a certain number of ships and men- 
 at-arms to the King, — Romney, Dover, Sandwich, Hastings, 
 Hythe, Winchelsea, and Rye. 
 
 Cippi, /., Cipps, ceps,/?-. The stocks. 
 
 Circa, /. About; concerning. 
 
 Circuit. A division of the country into judicial districts. The 
 journey of a judge around the country for the purpose of hold- 
 ing courts, V. Assize. Circuit court; v. Court, 105. 
 
 Cirouitus, I. A going round; a roundabout way; a more indirect 
 
CITATIO— CLAUSUM 59 
 
 way than is needful. Circuitua est evitandus : circuity of ac- 
 tion is to be avoided. 
 
 Citatio, I. Citation; a summons to court; the first process in an 
 ecclesiastical cause. 
 
 Civil. Used in contradistinction to criminal, or ecclesiastical, or 
 military, or political, or barbarous. Civil action : one grounded 
 on a private right, seeking to enforce it, or to obtain compensa- 
 tion for a private injury. CivU corporation : a lay corporation 
 not eleemosynary ; municipal or trading corporations. Civil 
 death: the privation or extinction of a person's legal rights 
 and capacities, as when a man became outlawed, attainted, or 
 entered a monastery. Civil injury : the private wrong result- 
 ing from a breach of contract, a tort, or a crime. Civil lavr : 
 1. The Roman law, as expressed by Justinian and his successors ; 
 V. Corpus juris civilis. 2. Municipal law, the law of a nation 
 as distinguished from the law of nations. . 3. Not criminal law. 
 Civil liberty : a man's liberty as restrained by law. CivU 
 list : in England, the sum appropriated for the expenses of the 
 royal household and establishment. In the U. S., the general 
 expenses of the government, except for the army and navy. 
 
 Civiliter, I. Civilly. Civiliter mortuus : dead in law ; v. Civil 
 
 Clam, /. Secretly. 
 
 Clamare, /. To cry out; claim. Clamor: a complaint, claim; 
 an outcry. 
 
 Clarendon, Constitutions of. Statutes made at Clarendon in 
 the reign of Henry II., whereby the power of the Pope and 
 clergy was checked, and their immunity from secular jurisdiction 
 limited. 
 
 Clause. Close, sealed ; used of writs not open or patent. 
 
 Clausula, I. A clause, a sentence. Clausula generalis non 
 refertur ad ezpressa: a general clause does not (refer to) 
 cover things (expressed) specially mentioned. Clausula quae 
 abrogationem excludit ab initio non valet: a clause for- 
 bidding (abrogation) repeal is void from the beginning. Clau- 
 sulae inconsuetae semper inducunt suspicionem : unusual 
 clauses always arouse suspicion. 
 
 Clausum, I. 1. Clause. 2. A close. Clausum fregit: he broke 
 the close ; v. Trespass. 
 
60 CLEARANCE — COGNIZANCE 
 
 Clearance. A certificate given by the collector of a port to a siiip 
 about to sail, that she has complied with the law, and is duly 
 authorized to depart. 
 
 Clergy. Persons in holy orders ; hence, persons who could read. 
 T. Benefit of clergy. 
 
 Clericale privilegium, /. Benefit of clergy. 
 
 Clerici praenotarii, /. The Six clerks in chancery. 
 
 Clerico adraittendo, etc. t. Be. 
 
 Clericus, /. A priest ; a clerk. 
 
 Clerimonia, /. Clergy. 
 
 Clerk. A person in ecclesiastical orders. Anciently, a person who 
 could read. For Six clerks, clerks of the Hanaper, Petty lag, 
 see those titles. 
 
 Clerus, /. The clergy. 
 
 Close. 1. A piece of land held as private property. 2. Clause; 
 sealed. Close -writs : the opposite of letters patent. Writs 
 directed to the sheriff, not the lord ; or to a particular person, 
 not people generally. Close rolls: rolls preserved among 
 the public records in England, containing the record of close 
 writs and other documents. Close copies : not ofSoe copies, 
 which required to have a certain number of words to each sheet, 
 but copies written close, or not, at pleasure. 
 
 Cloud on title, v. Bill, I. 13. 
 
 Clough. A valley. 
 
 Coadunatio, I. A u:jiting together ; a conspiracy. 
 
 Cocket. Tbe seal of a custom-house. A certificate that the duties 
 have been duly paid on goods. 
 
 Code. A general system of the law, embodied and authorized by 
 legislative enactment. Code civil or Code Napoleon : a code 
 of the law of persons and property, estabhshed in Erance under 
 Napoleon I. 
 
 Codex, I. A code ; a volume, roll, or book. 
 
 Codicil. An addition to a will, executed at a later time. 
 
 Cogitationis pcenam nemo patitur, /. No man suffers punish- 
 ment for his thoughts. 
 
 Cognati, /. Cognates ; relations on the mother's side. 
 
 Cognitio, ;. The ackowledgment of & fine ; cognizance; jurisdic- 
 tion. 
 
 Cognizance, cognisance, conusance. Acknowledgment, recog- 
 
COGNIZOR — COLOUE 61 
 
 nition, jurisdiction. 1. Conusance of pleas : an exclusive 
 "right to try causes ; a privilege of trial granted certain cities and 
 corporations which may be pleaded by " claim of conusance," 
 to oust the jurisdiction of another court. 2. The acknowledg- 
 ment of a fine, q. v. 3. A pleading in replevin justifying the 
 taking as servant or bailiff of some third party ; v. Avowry. 
 
 Cognizor, conusor. A person levying a fine. Cognizee, conu- 
 see : the person to whom the fine was levied. 
 
 Cognoscere, I. To acknowledge. Cognovit actionem (he has 
 acknowledged the action), or cognovit : a written confession of 
 the justice of an action at law, signed by the defendant or his 
 attorney after the declaration, authorizing the plaintiff to enter 
 judgment for a sum named. If after plea, it contained an agree- 
 ment to withdraw the plea, and was called a cognovit actio- 
 nem relicta verificatione (the plea being abandoned), or a 
 relicta. 
 
 Coif. The badge of a sergeant at law ; a lawn cap formerly worn. 
 
 Collateral On the side, by the side. Relationship by blood not 
 lineal. Collateral limitation : a limitation which makes the 
 duration of the estate depend, not alone on the life or blood of 
 the grantee, but on some' other event. Collateral warranty : 
 warranty made by a person not having the title, and who could 
 not at any time have held it. 
 
 CoUatio bonorum, /. A bringing together of goods into a com- 
 mon fund ; bringing into hotchpot. 
 
 Collation to a benefice. The conferring a benefice by a bishop 
 who has himself the advowson. 
 
 Collegialiter, I. In a corporate capacity. 
 
 Colligendum bona defuncti, I. v. Ad. 
 
 Colloquium, /. A conversation. That part of the declaration in 
 slander, which averred that the words were spoken concerning 
 the plaintiff. When the words were not in themselves action- 
 able, it was preceded by the explanatory inducement, a trav- 
 ersable statement of certain facts, and followed by the innuendo 
 (meaning) which connected the words with these facts, and 
 showed them to be defamatory to the plaintiff. 
 
 Color, ;., Colour. Apparent or prima facie right. To give col- 
 our: to confess sufficiently the truth of the declaration for the 
 purposes of a plea in confession and avoidance; not to deny. 
 
62 COLOUR — COMMISSION 
 
 To give express colour : to allege in the plea some fictitious 
 fact which enables the defendant to set up his defence by confes- 
 sion and avoidance. It gives the plaintiff an apparent right, and 
 so does away with the necessity of pleading by traverse. Col- 
 our of office : the false pretence of authority or ofBicial duty. 
 Colore officii : under colour of office. 
 
 Combat Trial by Battel. 
 
 Combe. A narrow valley. 
 
 Combustio domorum, I. Burning of houses ; arson. 
 
 Come, comme, fr. As ; so ; whereas. Come semble : as it 
 appears. 
 
 Comen,y5-. Common. 
 
 Comes, /. A companion, follower; a count, earl. 
 
 Comitas, I. Courtesy, comity. Comitas inter gentes : the 
 Comity of nations: the courtesy by which one state recog- 
 nizes or follows the law of another. 
 
 Comitatus, /. A county, shire ; an earldom ; the county court ; 
 a suite or body of attendants, v. Posse. 
 
 Commandite /r. Special or limited partnership. 
 
 Commendam, in, /. 1. Partners en commandite. 3. A living or 
 benefice commended to a clerk to hold until a pastor is pro- 
 vided ; a living which a bishop is allowed to hold for life, besides 
 his bishopric. 
 
 Commendatio, I. Praise, recommendation. 
 
 Commercium, I. Commerce ; traffic. Commercia belli : com- 
 pacts of war ; truces ; contracts between hostile nations or their 
 subjects. 
 
 Commissary. An officer anciently exercising a bishop's jurisdic- 
 tion in out-places, where there were no archdeacons. 
 
 Commission. A warrant; authority; writ. 1. Commission 
 of assize: v. Assize. 3. Commission of bankrupt was 
 granted by the Lord Chancellor to examine into the affairs of 
 bankrupts, and given to some five persons, who were called com- 
 missioners, and had authority to proceed generally according to 
 the statutes. Later, these commissioners constituted a perma- 
 nent court of one judge and six commissioners. 3. Commission 
 to examine witnesses : issues for the purpose of taking testi- 
 mony out of court. 4. Commission of lunacy was issued 
 out of chancery, authorizing certain persons to inquire whether 
 
COMMISSIONEES — COMMON 63 
 
 a person represented non compos was so in fact. It is now di- 
 rected to the masters ia lunacy, and is usually made before a 
 jury. If found afSrraatively, the lunatic's person or estate was 
 committed to the charge of a person or persons called his com- 
 mittee. 5. Commission of gaol delivery: v. Assize. 6. Com- 
 mission of nisi prius : r. Assize. 7. Commission of the 
 peace: v. Assize, Justice of the peace. 8. Commission of 
 rebellion. One of the processes for contempt in chancery ; it 
 was directed to four commissioners, and authorized them to 
 attach the party as a rebel and contemner of laws and bring him 
 to court on a day assigned. 9. Commission of revie^w : v. 
 Court, 88. 
 
 Commissioners of bankrupt, t. Commission, 2. 
 
 Commitment The sending a person to prison for crime or con- 
 tempt ; the warrant therefor ; the mittimus. 
 
 Committee, v. Commission, 4. 
 
 Committitur, I. (He is committed.) A minute of a defendant's 
 surrender by bail, and commitment. 
 
 Commixtio, I. Mixing together of things soUd or dry, belonging 
 to different persons ; v. Confusio. 
 
 Commodatum, I. A thing loaned ; a gratuitous loan of a specific 
 chattel. 
 
 Commodutn, I. Advantage, profit. Commodum ejus esse 
 debet cujus periculum est: he who runs the risk ought to 
 have the profit. Commodum ex injuria sua nemo habere 
 debet : no one ought to profit by his own tort. 
 
 Common. A profit which one man has in the land of another, a 
 profit a prendre, usually common of pasture. 1. Common ap- 
 pendant : an immemorial right of tenants in a manor to feed 
 commonable cattle on other lands of the same manor. 2. Com- 
 mon appurtenant: a right of feeding cattle on the land of 
 another, enjoyed by the holder of certain land. It is created by 
 • grant, and may extend to cattle not commonable. 3. Common 
 because of vicinage (pur cause de vicinage, _/^.): where 
 inhabitants of two adjoining townships have mutually permitted 
 their cattle to feed in either. 4. Common in gross or at 
 large : common vested in a person or corporation, not annexed 
 to land. 5. Common sans nombre : common without stint, a 
 right to common an indefinite [not unhmited] number of cattle. 
 
64 COMMON — TENANCY IN 
 
 6. Common of estovers : a liberty of taking wood necessary 
 for use or repairs. 7. Common of piscary : liberty of .fishing. 
 8. Common of turbary : liberty of digging turf. 9. Common 
 in the soil: liberty of mining or quarrying. 10. Common 
 de Schack ; a kind of Common pur cause de vicinage existing 
 by special custom in the east of England, after harvest, among 
 occupiers of land in the same common field. 
 Common assurances, v. Assurance. Common bail : v. Bail. 
 Common bar: Blank bar. Common Bench: the Bench, 
 as distinguished from the King's Bench, the Court of Common 
 Pleas ; v. Courl. Common carrier : a carrier who carries in- 
 differently for all the world; one who undertakes to carry 
 persons or goods without special contract ; v. Carrier. Com- 
 mon counts : certain general forms of declaration in actions 
 to recover money due when a debt has been incurred. They 
 are usually added to the special counts, to prevent the possi- 
 biUty of a variance, and cover the ordinary cases of contracts 
 which result in an imphed promise to pay money. Common 
 day ; v. Day. Common fine : like Ceri money. Common 
 form: proof of a will by the executor on his own oath; as 
 opposed to proof per testes (by witnesses) when the will was 
 disputed. Common intendment : natural sense, a simple, not 
 strained, construction. Common jury; v. Jury. Common 
 laiw : 1. Eughsh law, as distinguished from foreign, civU, or 
 canon law; 2. That part of English law which does not depend 
 on statutes ; 3. Law administered in the common-law courts, not 
 equity or admiralty ; 4. General customs, as distinguished from 
 special or local. Common nuisance : one affecting, or which 
 may affect, the public or people generally, not a particular per- 
 son or persons. Common place : common pleas. Common 
 pleas ; civil cases ; v. Court, Plea. Common recovery : v. 
 Recovery. Common scold: a woman of tliis kind was con- 
 sidered a nuisance at common law, and was punished by the 
 castigatory or cucldng-stool, a species of chair on the end of a 
 pole. She was placed thereon, and immersed in a pond of water. 
 Common traverse; v. Traverse. Common vouchee; v. 
 
 Common, tenancy in. When there are two or more owners for 
 the same land, holding in distinct undivided shares. Only " unity 
 
COMMONABLE — COMPENSATIO 65 
 
 of possession" is necessary; hence, they hold under different 
 titles ; or \mder the same title accruing at different times ; or 
 under the same instrument by words importing that the grantees 
 are to take in distinct shares. There is no right of survivorship, 
 and estates in common are subject to both dower and courtesy. 
 V. Coparcenary, Joint tenancy. 
 
 Commonable. Beasts of the plough, or beasts which manure 
 the land. 
 
 Commonalty, v. Commons, 2. The people, not holding office. 
 
 Commons. 1. Land set apart for the pubHc; or over which peo- 
 ple have rights of common of pasture. 2. The freeholders of 
 England not peers of the realm. 
 
 Commorant, I. DweUing ; temporarily abiding. 
 
 Commorientes, I. Persons dying at the same place and time, as 
 in an accident. 
 
 Communicare, /. To common. 
 
 Communis, commune, I. Common. Commune consilium 
 regni : the common council of the realm [Parhament]. Com- 
 mune placitum : a common plea, a civil action. Commune 
 vinculum : a mutual bond. Communia : common things, 
 common. Communia piscariae, turbariae, pasturae : com- 
 mon of piscary, turbary, pasture, which see. Communia pla- 
 cita: common pleas, as opposed to placita coronae, criminal 
 actions, pleas of the crown. Communis error facit jus : 
 common error makes law. Communis rizatriz: a common 
 scold. Communis strata: a common way. Communibus 
 annis : in common years, on an average of years. Communem 
 legem : v. Ad. 
 
 Communio bonorum, /. Community of goods. 
 
 Communitas regni Angliae, /. Parliament. 
 
 Communiter usitata et approbata, I. Things commonly used 
 and approved. 
 
 Commutation of tithes. Their conversion into a money pay- 
 ment. 
 
 Comparatio literarum, I. Comparison of handwritings. 
 
 Comparere, /. To appear. Comperuit ad diem : he appeared 
 at tlie day, a plea to the action on a bail-bond. 
 
 Compensatio criminis, I. (Set-off of crime.) A plea of recrimi- 
 nation in a suit for divorce. 
 
 5 
 
66 COMPENSATION — CONDITIO 
 
 Compensation : set-ofp, 
 
 Compester, I. To manure. 
 
 Competere, /. To be proper, available. Competit assiaa : an 
 assize lies. 
 
 Componere lites, I. To settle, compromise suits. 
 
 Compos mentis, /. Sound in miud. 
 
 Composition. An agreement, compromise. , A real composi- 
 tion : an agreement made between the parson and land-owner, 
 with consent of the ordinary and patron, that certain lands shall 
 be discharged of tithes, for some real recompense given in lieu 
 thereof. 
 
 CompOtus, computus, I, An account. De computo : the old 
 action of account. 
 
 Compound larceny, v. Lareem/. 
 
 Compurgatores, /. The eleven ,persons who swore with the de- 
 fendant, in a trial by wager of law, that he was not guilty, or did 
 not owe the plaintiff anything ; the twelve persons who swore 
 with the defendant that he was not guilty, in the trial of a clerk 
 for felony, v. Wager of taw. Benefit of clergy. 
 
 Concedere, /. To grant. Concede : I grant. Concessi : I 
 granted. 
 
 Concessio, /. A grant by deed, one of the common assurances. 
 
 Conclude. To end, determiue ; to estop, bonclusion to the 
 country : the tender of issue to be tried by jury, at the end of a 
 plea of traverse. 
 
 Concord, Concordia, I. An agreement, accord, v. Fine. 
 
 Conculcavit et consumpsit, I. He trampled and destroyed. 
 
 Condere, /. To make, establish. Condidit (he made) : a plea 
 on a suit attacking a wUl, that the testator made it and was o£ 
 sound mind. 
 
 Conditio, /. A condition. Affirmative condition : which re- 
 quires something to happen, or be done, like positive condi- 
 tion ; negative or restrictive, one which requires something 
 not to be done. Condition casuelle, fr. ; one which depends 
 on chance, as opposed to potestative, which depends on the will 
 of the party, or mizte, which depends on the will of the party 
 and some third person, or some other event, conjoined. Copu- 
 lative condition: one requiring all of several things to happen 
 or be done, as opposed to disjunctive, one requiring only one 
 
CONDITIONAL — CONEU 67 
 
 of several things. Condition compulsory or single : one 
 absolutely requiring some special thing to be done. Condition 
 expressed, in deed, in fact : one made by special words, par- 
 ticularly expressed, as opposed to condition in laTw, or implied 
 by common intendment. Condition inherent : one previously 
 existing, not now created ; as to pay the rent anciently reserved 
 by the chief lord on a modem grant of land. Condition insen- 
 sible, repugnant : one contradictory to the main act, or incon- 
 sistent with the object ; impossible. Condition precedent 
 or suspensive : one which is to happen before the main act or 
 obligation, as distinguished from subsequent or resolutory. 
 Condition : v. Conditional limitation. 
 
 Conditional fee. One limited to descend to a particular class of 
 heirs ; changed by the Statute de Bonis into fee-taU. v. Fee. 
 
 Conditional limitation. The limitation of an estate by deed under 
 the Statute of Uses to a third person on the happening of a cer- 
 tain event, thereby cutting short the previous estate in the 
 grantee. Distinguished from an estate on condition, or base 
 fee, where the grantor or his heirs could alone take advantage of 
 the breach of condition, and the estate reverted to them ; and 
 also from a limitation, where the estate was only expressed to 
 be granted until the happening of a certain event, and hence was 
 not cut short, but reverted to the grantors as upon a natural de- 
 termmation; v. Limitation. 
 
 Conditionem testium tunc inspicere debemus cum signa- 
 rent, non mortis tempore: we ought to consider the com- 
 petency of the witnesses as at the time when they subscribed, not 
 at the [testator's] death. 
 
 Condonatio, /. Condonation, forgiveness. In cases of divorce, 
 the forgiveness, either express or implied from actions, of a 
 breach of marital duty, on condition that the fault shall not be 
 repeated. 
 
 Conduct-money. Money paid a witness for his travelling ex- 
 penses and maintenance. 
 
 Conductio, I. A hiring, v. Locatio. 
 
 Cone and key. (Accounts and keys.) A woman was deemed fit 
 to receive cone and key — that is, to assume the cares of house- 
 keeping — at fourteen or fifteen, by the Saxon law. 
 
 Coneu, conu,/r. Acknowledged ; known. 
 
68 CONFECCION — CONSANGUINEUS 
 
 Confeccion, fr., Confectio, /. The making or execution of a 
 
 written instrument or deed. 
 Confessio in judicio omni probatione major est, /. A confes- 
 sion made in court is greater than all proof. 
 Confession and avoidance. Pleas are so termed which implied- 
 ly admit the facts alleged iu the declaration, but aver more facts 
 which obviate their legal effect ; the ordinary special plea ; v. 
 Plea. 
 
 Confesso, pro, /. v. Pro. 
 
 Confirmare nemo potest prius quam jus ei acciderit, I. No 
 one can confirm [release] a right before it has fallen to him. v. 
 Confirmation. Confirmat usum qui tollit abusum: he viadi- 
 cates the use of a thing who forbids its abuse. 
 
 Con&rmatio perfioiens, I. A confirmation which makes good a 
 defeasible estate, or makes a conditional estate absolute. Con- 
 firmatio crescens : one which enlarges a rightful estate. Con- 
 firmatio diminueas : one which releases part of the services 
 whereby the estate is held. Confirmatio est nulla ubi 
 donum preecedens est invalidum: a confirmation is void 
 where the grant preceding it is void. Confirmatio omnes 
 supplet defectns, licet id quod actum est ab initio non 
 valuit : a confirmation supplies all defects, although the deed 
 was faulty at the beginning. 
 
 Confirmatio Ohartarum, I. The Stat. 25 Ed. I., confirming 
 Magna Charta and the Carta de Foresta. 
 
 Confirmation. A deed of confirmation may be either by way of 
 ratification, or perfecting grant, of a previous estate. 
 
 Conformity, v. Sill, I. 2. 
 
 Confusio, I. The mixing of goods (properly liquid) belonging to 
 different persons, v. Commixtio. 
 
 Cong^ d'accorder,/r. Leave to, accord ; v. Fine. Cong6 d'em- 
 parler : leave to imparl ; v. Imparlance. Cong§ d'eslire ; the 
 King's license to a dean and chapter to choose a bishop. 
 
 Congeable,^. Lawful, licensed ; done with leave. 
 
 Conjunctim, I. Jointly ; ^ — et divisim, and severally. 
 
 Conquerer,^. To gain, acquire; couquereur, the conqueror, or 
 first purchaser of an estate. 
 
 Conquestua, conquisitio, I. Conquest ; acquisition. 
 
 Consanguiueus, I. Eelated by blood. De consanguineo ; a 
 
CONSANGUINITY — CONSOLS 69 
 
 writ of cosinage. Prater consanguineus : a half-brother on 
 the father's side. 
 
 Consanguinity. Relationship by blood, as opposed to Affinity. 
 
 Conscience, courts of. v. Court, 63. 
 
 Conscientia rei alieni, I. ^ooteh law.) Knowledge that prop- 
 erty held by one belongs to another. If the possessor knows 
 thiSj he is liable for violent profits, being in mala fide. 
 
 Consensual, v. Contract. 
 
 Consensus facit jus, I. Consent makes law. Consensus, non 
 concubitus, facit matrimonium: consent (agreement of mar- 
 riage), not consummation, makes marriage. Consensus- tolllt 
 errorem: consent removes error [the acquiescence of a party 
 who might take advantage of an error obviates its effect]. 
 
 Consent rule. A proceeding iiled by the defendant in an action 
 of ejectment, by which he bound himself to admit all the neces- 
 sary fictions. 
 
 Consentientes et agentes pari poena plectentur, /. Those 
 who consent (to an act) and those who act shaU be punished 
 equally. 
 
 Consentire videtur qui tacet, /. Silence gives consent. Con- 
 sentire matrimonio non possunt infra annos nubiles : 
 they cannot consent to marriage under the age of twelve. 
 
 Consideratio curiae, I. The judgment of the court. 
 
 Consideration. Compensation; a jazW^ro yao. Good consid- 
 eration : one founded on natural affection, blood relationship, as 
 opposed to valuable consideration : a profit or loss capable 
 of being estimated in money. Express consideration, when 
 stated in the contract; implied, when arising from the law; 
 executed, when performed prior to the promise founded upon 
 it ; executory, when to be performed after the promise is made. 
 
 Consideratum est per curiam, I. It is adjudged by the court. 
 
 Consimili casu, in, I. v. Cam consimili. 
 
 Consistory, v. Court, 80. 
 
 Consolato del mare. A code of sea laws in force about the Medi- 
 terranean from the eleventh century. 
 
 Consolidation rule. A rule for uniting several actions brought 
 by the same parties on the same cause, whereby the parties are 
 bound in all the actions according to the verdict in one. 
 
 Consols, consolidated annuities. The English funded debt. 
 
70 CONSORTIUM— CONTINGENCY 
 
 Consortium I. A union of fortunes ; marriage, v. Per quod. 
 
 Conspiraoy. An unlawful combining together of two or more per- 
 sons to accomplish an unlawful act, or a lawful act by unlawful 
 means. 
 
 Constat,;. It is clear, e-rident. Cpnstat de persona : there is 
 no doubt as to the person. 
 
 Constitutio, l. An act, ordinance, statute; a constitution, v. 
 Clarendon. 
 
 Constructio legis non facit injuriam. The construction of the 
 law works [must so be made as to' work] no wrong. 
 
 Constructive, (v. Trmt.) Made out ; deduced by construction ; 
 inferred, construed, or interpreted by law. 
 
 Construe. To explain and apply, even to vary the sense; a 
 stronger word than Interpret: to explain or render intel- 
 ligible. 
 
 Consuetude, pi. consuetudines, I. Custom, customs ; usage, 
 practice. Consuetudinibus et servitiis: t. De. Consue- 
 tude debet esse certa; nam incerta pro nullis haben- 
 tur: a custom should be certain; for uncertain things are 
 held as naught. Consuetude est altera lex: custom is 
 another law. Consuetude est eptimus interpres legum: 
 Custom is the best interpreter of laws. Consuetude ex 
 oerta causa ratienabili usitata privat communem le- 
 gem: an established custom with a certain reasonable cause 
 supersedes the common law. Consuetude loci, manerii, 
 est observanda : the custom of the place, the manor, is to be 
 observed. Consuetude semel reprebata non potest am- 
 plius induci : a custom once disallowed cannot again be set up. 
 
 Conte,/r. A statement, plea. Center : to count. Contamus, /.,• 
 we count, we declare. 
 
 Contemporanea expesitio fertissima in lege, I. A contem- 
 poraneous exposition is in law the strongest. 
 
 Contentious. Litigious. The proceedings in ecclesiastical courts 
 upon matters disputed are so called, as distinguished from its 
 voluntary jurisdiction, probate, etc., where there is no dis- 
 pute. 
 
 Contestatio litis, I. Pleading ; joinder of issue ; v. Litis. 
 
 Contingency with a double aspect. A contingent remainder 
 limited in substitution of another contingent remainder. 
 
CONTINGENT— CONTRACTUS 71 
 
 Contingent. Dependent on the happening of some other event, 
 which may or may not happen, v. Use, Remainder. 
 
 Continual claim. A sort of attempt at entry, made by a party 
 disseised, as near the land as possible. It -worked as an actual 
 entry to keep alive his right if made once every year and day. 
 
 Continuance. Adjournment, postponement, of an action. It was 
 formerly entered on the record ; and, if made before declaration, 
 was by dies datus, a day given, to proceed ; if after declara- 
 tion, by imparlance, leave to talk with the plaintiff, to plead; 
 if after issue, by vicecomes non misit breve, the sheriff hath 
 not sent the writ ; and after verdict, by curia advisari vult, 
 the court icishes to consult, where the point of law was novel or 
 difficult. 
 
 Continuando, /. Bi/ continuing : an allegation in declaration for 
 trespass, whereby the plaintiff recovered damages for a succes- 
 sion of Kke or repeated trespasses, without bringing more than 
 one cause of action. 
 
 Contra, I. Against ; contrary to. Contra bonos mores : against 
 good morals. Contra formam doni : against the form of the 
 grant; v. Formedon. Contra formam coUationis (against 
 the form of the gift) : an old writ which lay for the grantor of 
 lands to be held by divine service, when they were wrongfuUy 
 alienated. Contra formam feoffamenti (against the form of 
 the feoffment) : an old writ which lay for a tenant distrained for 
 more services than his ancestor was, by the charter of feoffment, 
 required to perform. Contra formam statuti in hoc casu 
 nuper edict' et provis' : against the form of the statute in such 
 case lately made and provided. Contra jus belli : against the law 
 of war. Contra jus commune : against common right. Con- 
 tra negantem principia non est disputandum : you cannot 
 argue with one who denies principles. Contra non valentem 
 agere nulla currit praescriptio : no prescription runs against 
 one unable to act. Contra omnes gentes: against all the 
 world. Contra pacem domini regis: against the peace of 
 our lord the King. Contra proferentem: against the one 
 putting it forth. 
 
 Contractus, I., Contrat, fr. Contract. Aleatory contract : 
 one the performance of which on either or both sides depends 
 on an uncertain event. Bilateral contract : one consisting of 
 
72 CONSENSUAL — CON'TRIBUTORY 
 
 two promises, one made ou each side, mutually coasideration for 
 eaeh other; in contradistinction from a unilateral contract, 
 where one party only makes a promise. Consensual con- 
 tract: one complete by the mere agreement of the parties, as 
 distinguished from a real contract, where some object is deliv- 
 ered by way of sale, pledge, or bailment. Executed contract : 
 one which is completed at the time it is made, like a sale for 
 cash, as distinct from executory contract, one where some 
 further act remains to be done. The former conveys a chose in 
 possession ; the latter creates a chose in. action. Oral, Parol, or 
 more properly Simple contract : one created by words or writ- 
 ing not under seal, as distinguished from Special contract, 
 Covenant, or Specialty : a contract under seal, and requiring 
 no consideration. Contract of beneficence : one by which 
 only one of the parties is benefited, as a loan, deposit, or man- 
 date. Contracts of record: those evidenced by matter of 
 record, as judgments or recognizances. Contractus ex turpi 
 causa, vel contra bonos mores, nuUus est: a contract 
 founded on a base consideration, or against good morals, is void. 
 Contractus legem ex conventione accipiunt: contracts 
 take their law from the agreement of the parties. Contractus 
 est quasi actus contra actum: a contract is, as it were, 
 act against act. 
 
 Contramandatio placiti, I. (Countermand of a plea.) The res- 
 piting a defendant, giving him a longer time to answer. 
 
 Contraplacitum, /. Counter-plea. 
 
 Contrapositio, I. A plea or answer. 
 
 Contrarotalator, I. ControEer. An auditor; a keeper of ac- 
 counts. 
 
 Contre, center,^. Against. 
 
 Contrectatio rei alienee, animo furandi, est furtum, I. The 
 touching another's property with intent to steal is theft. 
 
 Contribution. 1. A suit in equity, brought by one who has dis- 
 charged a debt or liability, to compel those jointly liable to pay 
 their share. 2. Ratable division of losses or liabilities. 
 
 Contributione facieuda. v. De. 
 
 Contributory. A present or past member of a company now be- 
 ing wound up, who may be compelled to contribute to the assets 
 for the purpose of paying creditors. 
 
CONTUMACE — CONVEY 73 
 
 Contumace capiendo, t. Be. 
 
 Contumacy. Contempt of court ; persistent disobedience. 
 
 Conusance, Conusor, Conusee, etc. t. Cognizance, etc. Conu- 
 sans, //•. : acknowledgment. Conusant: knowing. Conus: 
 known. Cognustre : to acknowledge. Conusor : tlie party 
 entering into a recognizance for debt. Conusee : the party to 
 whom it is given. 
 
 Convalescere, I. To gain strength ; to become valid. 
 
 Convenable,/r. Suitable ; agreeable ; fitting. 
 
 Convenire, I. To sue ; to prosecute ; to covenant. Convenit : 
 it is (or was) agreed. Conventio : an agreement, covenant. 
 
 Conventio vincit legem, I. [Express] agreement prevails over 
 law. Conventio privatorum non potest publico juri de- 
 rogare : the agreement of private persons cannot injure the pub- 
 lic right. 
 
 Conversantes, /. Conversant ; acquainted ; commorant. 
 
 Conversion. 1. Wrongful appropriation of another's property to 
 one's own use. 2. In equity, that change in the nature of prop- 
 erty by which, for certain purposes, real estate is considered as 
 personal, and personal estate as real, and transmissible and de- 
 scendible as such. 
 
 Convey, Conveer,/r. To transfer. Conveyance: a document 
 effecting a transfer of property, usually real estate, other than a 
 will, a lease for a short term, or an executory contract of sale. 
 It is original or primary, if by it an estate or interest first is 
 created or arises, as in the case of feoffments, gifts, grants, leases, 
 exchanges, and partitions ; derivative or secondary, if it pre- 
 supposes, or depends upon, some other conveyance, which it 
 enlarges, confirms, executes, or modifies, as in the case of releases, 
 confirmations, surrenders, assignments, and defeasances ; tor- 
 tious, if it conveys a larger estate than the grantor holds, as 
 in feoffments, which worked a forfeiture; innocent, if it only 
 conveys the estate the grantor actually has, as in the case of 
 bargains and sales, covenants to stand seised, and releases. By 
 statute all conveyances are now innocent, and even a feoffment 
 will have no tortious operation. Conveyancing : the law of 
 the alienation of real property. Conveyance by record : 
 one evidenced by the authority of a court of record, as fines 
 and recoveries. 
 
74 COOPERTUS— CORODIUM 
 
 Coopertus, I. Covered; covert. 
 
 Coparcenary. Land is held in coparcenary when there is " unity 
 of title, possession, and interest." It happens when land falls 
 to two or more persons by descent ai intestato ; as to two or 
 more women, at common law, or men, in gavelkind tenure ; and 
 is subject to courtesy and dower. On alienation by one copar- 
 cener, it becomes tenancy in common; there is no right of sur- 
 vivorship, and on the death of one coparcener his heirs hold the 
 same estate in coparcenary as before, v. Common, tenancy in. 
 Joint tenancy. 
 
 Copia, /. 1. Opportunity ; means of access. 2. A copy. 
 
 Copulatio verborum indicat acceptationem in eodem sen- 
 su, l. The coupling together of words shows that they are to be 
 understood in the same sense. 
 
 Copyhold. Tenure of manor lands by copy of court roU, at the 
 will of the lord, according to the custom of the manor. Origi- 
 nally pure villeinage, it has gradually become divested of its base 
 services and approached a state resembling socage, and the lord 
 cannot evict without cause or against custom. 
 
 Coram domino rege ubicunque tunc fuerit Anglise, I. Be- 
 fore [our] lord the King, wherever he shall then be in England. 
 Coram ipso rege (before the King himself) : in the K. B. 
 Coram nobis : before us ; a name given to a writ of error on a 
 judgment in the K. B. If on a judgment in other courts it was 
 coram vobis, before you. Hence, the latter term is used when 
 the proceedings of another court are to be reviewed ; the former, 
 when the proceedings of a court are to be reviewed by itself. 
 V. Error. Coram me vel justiciariis meis : before me or my 
 justices. Coram non judice (before one not a judge) : in a court 
 having no jurisdiction. Coram paribus de vicineto : before 
 the [his] peers of the neighborhood. Coram sectatoribus : 
 hefore the suitors. 
 
 Co-respondent. The person charged with adultery with the hus- 
 band or wife in a suit for divorce. 
 
 Cornage. Tenure by winding an alarm-horn ; a species of grand 
 
 Cprodium, /., Corody. An allowance of victuals, clothing, or 
 money due from a religious house to its founder for the support 
 of such person as he shoiild appoint. 
 
CORONA — CORRUPTIVE 75 
 
 Corona, /. Crown. Plaoita coronae : pleas of the crown, orimi- 
 
 ual actions. 
 Corouator, /., Coroner. A magistrate authorized to inquire con- 
 cerning sudden deaths, sliipwrecks, and treasure-trove. They 
 were also conseryators of the peace, in certain cases replacing 
 the sheriff. 
 Corporal oath. An oath taken by laying hand on the Gospels ; a 
 
 solemn oath. 
 Corporalis injuria non recipit sestimationem de futuro, I. 
 A personal injury cannot receive satisfaction from a future 
 course of proceedings. 
 Corporation. An artificial legal person, persisting through the 
 change or succession of its members. It has power to act or 
 contract, usually under a common seal, and to regulate its actions 
 by by-laws. It is a corporation sole if consisting of one per- 
 son ; aggregate, if of more than one person at the same time ; 
 ecclesiastical, if constituted of reKgious persons for spiritual 
 purposes ; lay, if constituted for secular purposes. Lay corpo- 
 rations are divided into civil corporations, existing for pur- 
 poses of profit, and eleemosynary, or charitable. The former 
 include municipal corporations, as counties, townships, vil- 
 lages, and public corporations, which exist for the pubho in- 
 terest or advantage, and private corporations. 
 Corpus, /. Body. The capital of a fund. Corpus comitatus ; 
 all the inhabitants of a county, the county at large. Corpus 
 cum causa : v. Habeas corpus. Corpus delicti (the substance 
 of the fault) : the fact that a crime has actually been committed ; 
 the subject of the crime, or its visible effect. Corpus huma- 
 num non recipit sestimationem : the human body is not sus- 
 ceptible of valuation. Corpus juris civilis or canonici : the 
 body of the civil or Roman canon law. The former includes the 
 Institutes, the Pandects, or Digest, the Code, and the Novels of 
 Justinian. The latter includes Gratian's Decree, Gregory's De- 
 cretals, the Sixth Decretal, the Clementine Constitution, and the 
 Extravagants of John and his successors, v. Cioil Law, Canon 
 Law. 
 Correi credendi, debendi, /. Joint creditors, debtors ; creditors 
 
 or debtors in solido. 
 Corruptive, /. Corruptly. 
 
76 CORRUPTION — COUPABLE 
 
 Corruption of blood, v. Attainder. 
 
 Corsepresent, A mortuary offering, generally the second-best 
 
 beast of a person to be buried, taken along with the corpse and 
 
 presented to the priest, v. Mortuary. 
 Corsned, sax. The morsel of execration ; a piece of barley bread 
 
 given to an accused with solemn oaths and incantations. If it 
 
 stuck in his throat, he was deemed guilty. 
 Cosinage,/?-. Collateral relationship. An old writ lying for an 
 
 heir against one who entered the land of a great-great-grandfather 
 
 (tresayle) or distant collateral relation, cf. Aiel. 
 Costs " de incremento," I. Costs of increase ; adjudged by the 
 
 court in addition to tho^se fouiid*by the jury. 
 Cota, Cotagium, /. A cot, cottage. Cotarius : a cottager. 
 Cotland. Land held by a cottager in socage or villeinage. 
 Cottage. A dwelling-house, with a garden. 
 Couchant et levant,y>. Lying down and rising up; v. Levant. 
 
 Coucher de soel: sunset. > 
 Count. A distinct statement of the cause of action in a declara- 
 tion, or of the charge in an indictment. In real action, the 
 
 declaration. 
 Counter,//-., Count. To declare ; to plead orally. Countamus : 
 
 we declare. 
 Counterplea. A plea answering some matter incidental to the main 
 
 object of the suit ; as in answer to Aid-prayer, Oyer, Voucher. 
 Counter-roll. A roll or account kept by one officer as a check 
 
 upon another. 
 Countez,/r. (Count ye.) A direction given by the clerk of the 
 
 court to the crier to count the jury. 
 Countour,//-., Counter. An advocate or'sergeant at law. 
 Couutre,/r. Against. 
 Country. The inhabitants of a district from which a jury is to be 
 
 summoned. To put one's self on the country is to claim jury 
 
 trial. Country cause : a cause out of London and Middlesex. 
 
 County corporate. A city or town with land annexed, privileged 
 
 to be a county by itself County court : v. Court, 29, 41. 
 
 County Palatine : a county where the owner had royal privi- 
 leges, as of pardoning offences or issuing writs ; there were for- 
 merly three such counties, — Chester, Durham, and Lancaster. 
 Coupable,//-. Guilty. 
 
COURIR— COURT, 8 77 
 
 Courir,/r. To mn. Courge, court : he runs, it runs. 
 
 Court, Courts. — I. English. A. The superior common-law 
 courts were anciently as follows : — 1. Witeuagemote. This 
 court or assembly existed in Anglo-Saxon times, and was an 
 " assembly of the wise men " of the nation, who met to make 
 laws for the nation at large and to provide for the general wel- 
 fare and protection. Incidentally, they adjudged upon disputes 
 of the King's thegns and great men, cleric and lay. Its func- 
 tions were legislative and judicial, chiefly the former. It was 
 succeeded in the Anglo-Norman period by a similar body called 
 both (2.) The King's Court and (3.) the Great Council, which 
 must not be confounded with the King's Court proper {Court, 
 5), and was the original of Parhament. 4. The Thenning- 
 mannagemot, or Thegnmen's Court, in Saxon times was 
 an aristocratic court of original jurisdiction, open only to the 
 King's thegns or tenants in capite ; and under Edward the Con- 
 fessor was called the Aula Regis or Regia. 5. The King's 
 Court and the Exchequer {Court, 11) were the two roi/al 
 courts of the Norman period. The King's Court consisted of a 
 body of great men attendant on the King, and was, in a sense, 
 the successor of the Aula regis, but with much wider jurisdic- 
 tion. By the use of writs it usurped the jurisdiction of ihe pop- 
 ular courts; and, differing in this respect also from the Aula 
 regis, had appellate jurisdiction from them. In the twelfth cen- 
 tury, a smaller King's Court was created, five persons being ap- 
 pointed to hear complaints; and in 1179, its justiciars were 
 appointed to act both on circuit and in the presence of the King 
 as the Bencli. The earlier and larger King's Court, now called 
 (6.) the King's Council, followed the King's person and had ap- 
 pellate jurisdiction over the smaller King's Court. The former 
 was the origin of the Privy Council {Court, 14) ; the latter, of 
 the King's Bench {Court, 8). 
 In modem times, up to the passing of the Judicature Act, the three 
 (7.) Superior courts of common law, which, with the Court 
 of Chancery {Court, 15), formed the four Superior courts of 
 the kingdom, were (8.) the King's Bench ; (10.) the Common 
 Pleas ; and (11.) the Exchequer. The King's Bench or Queen's 
 Bench, I. Bancus Regis, in theory followed the King's person 
 {coram ipso rege), but in fact sat at Westminster. It was the 
 
78 COURT, 8 —COURT, 12 
 
 highest court of common law in England ; had four puisne jus- 
 tices and a chief justice, who was the Chief Justice of Eng- 
 land ; took cognizance of criminal cases on the cro'wn side or ' 
 cro-wn office, and of civil cases on the plea side. Tormerly, 
 its civil jurisdiction was confined to trespasses vi et armis, on 
 the theory that they were an ofience against the King's peace ; 
 hut by the fictions of the Bill of Middlesex and Latitat (v. Bill, 
 I. 8), it usurped jurisdiction over aU personal actions. See also 
 Court, 5. 9. The Practice or BaU Court was a court auxil- 
 iary to the King's Bench, presided over by each puisne judge 
 in rotation. 10. The Common Pleas or Common Bench, 
 I. Communis Bancus, Communia Placita, is also derived 
 from the old King's Court, by a clause in Magna Charta fixing 
 the hearing of common pleas (civil cases, pleas between subject 
 and subject) at Westminster. It had the exclusive jurisdiction 
 of real actions, and universal jurisdiction, for a long time also 
 exclusive, oi personal actions between subject and subject. There 
 were four puisne justices and a chief justice. Appeals were 
 anciently taken to the K. B. ; but in the present century only to 
 the judges of the K. B. and the barons of the Exchequer in the 
 Exchequer Chamber {Court, 12), and thence to the House of 
 Lords {Court, 13). 11. The Exchequer was originally the.royal 
 treasury ; and its functions were to keep the royal accounts, to 
 collect the royal revenues and debts, and escheats. Common 
 pleas were anciently held there as matter of favor, the court 
 affording peculiar advantages by its records, which included the 
 Domesday book, and its permanent location at Westminster. The 
 holding of common pleas was, however, forbidden by the Ar- 
 ticula super Chartas in 1290; and the Exchequer became a 
 purely fiscal court, until it regained its jurisdiction by use of the 
 fiction that the plaintiff was a debtor to the King. In modern 
 times, there were two divisions of this court ; the receipt, which 
 managed the revenue and such matters, and the court or plea 
 side, which had jurisdiction of all personal actions between sub- 
 ject and subject. The co^lrt had both an equity and a common- 
 law side, until 1842, when the equity jurisdiction was transferred 
 to Chancery. The Exchequer was the lowest of the three supe- 
 rior courts, and had four puisne barons and one chief baron. 
 12. The Exchequer Chamber was an intermediate court of ap- 
 
COURT, 13 — COURT, 19 79 
 
 peal between the three superior courts of common law and the 
 House of Lords. When sitting on an appeal from any one court, 
 it was composed of the judges of the two other courts. 13. The 
 House of Lords was the supreme court of judicature in Eng- 
 land, having appellate jurisdiction over the common-law courts, 
 and probably also over the Court of Chancery ; and it has now 
 appellate jurisdiction over the Court of Appeal {Court, 26). Its 
 original jurisdiction is now obsolete, except as a court of im- 
 peachment. It is presided over by the Lord High Chancellor, 
 and only such peers as have performed judicial functions take 
 part. 14. The Judicial Committee of the Privy Council 
 had jurisdiction in certain colonial causes, and appellate juris- 
 diction from the courts of admiralty and the commissioners in 
 lunacy. See also Court, 26, 83, 87, 89. 
 
 B. The Superior Courts of Equity were as foUows : — 15. The 
 Court of Chancery, /. Cancellaria, was the court of the Lord 
 High Chancellor, who in theory exercises such judicial powers 
 as reside in the Crown; v. Court, 19. Originally, such powers 
 were invoked as a favor of the King, but were long since crys- 
 tallized into the system of Equity. The Court of Chancery 
 was the highest court of equity, and reckoned one of the four 
 modern superior courts. Its ordinary jurisdiction, long since 
 practically obsolete, consisted chiefly in the issuing of royal 
 writs, writs under the great seal, original; which were all framed 
 in Chancery as the (offioina justitiae) mint of justice. The 
 extraordinary jurisdiction was what is now known as Equity. 
 Besides this, the Court of Chancery and the Chancellor had 
 certain statutory powers. In modem times, there have been 
 six superior courts of equity, over which the Court of Chan- 
 cery proper, just mentioned, had appellate jurisdiction; the 
 (16.) Court of the Master of the Rolls, and (17.) three 
 Vice-Chancellor's Courts, each presided over by a Vice- 
 Chancellor. Also, by the 14 and 15 Vict. o. 83, was estab- 
 lished (18.) the Court of the Lords Justices of Appeal, 
 of whom there were two ; and who, with the Lord Chancellor, 
 formed the (18.) Court of Appeal in Chancery. 
 
 By the 36 & 37 Vict. o. 66, usually known as the Judicature 
 Act, is established one (19.) Supreme Court of Judicature. 
 Into this the High Court of Chancery, the King's Bench, Common 
 
80 COURT, 19 — COURT, 25 
 
 Pleas, and Hxchequer, the High Court of Adviiralty , the Conrt of 
 Probate, and the Divorce Court, are united and consolidated. The 
 Loudon Court of Bankruptcy {Court, 48) remains an indepen- 
 dent court, though the office of chief judge in bankruptcy is filled 
 by a judge of the High Court of Justice {Court, 20), and the 
 decisions of the court are subject to review by the High Court 
 of Appeal {Court, 26). This Supreme Court of Judicature con- 
 sists of two divisions, one to be called (20.) Her Majesty's 
 High Court of Justice, and the other Her Majesty's Court 
 of Appeal {Court, 26). The jurisdiction of the former is chiefly 
 original ; and includes in general that previously exercised by 
 the Courts of Chancery, King's Bench, Common Pleas, Exchequer, 
 Admiraltg, Probate, Divorce, Common Pleas at Lancaster, Pleas 
 at Durham, and by the Assize courts. Except, however, the ap- 
 pellate jurisdiction of the Court of Appeal in Chancery (Court, 
 18), or of the same court sitting as a court of appeal in bank- 
 ruptcy ; the jurisdiction of the Court of Appeal in Chancery of 
 the County Palatine of Lancaster; the jurisdiction, whether 
 of the Lord Chancellor or Lords Justices, over idiots, luna- 
 tics, and persons of unsound mind ; the jurisdiction of the Lord 
 Chancellor in the matters of letters patent and commissions un- 
 der the great seal, or over colleges and charities; the jurisdic- 
 tion of the Master of the RoUs over records • in England. The 
 members of the High Court of Justice are the Chief Justice of 
 England, the Master of the Rolls, the Chief Justice of the Cotii- 
 mon Pleas, the Chief Baron of the Exchequer, the Vice-Chancellors 
 of the High Court of Chancery, the Judge of the Court of Pro- 
 bate, and of the Court for Divorce and Matrimonial Causes, the 
 puisne judges of the King's Bench and Common Pleas, the junior 
 barons of the Exchequer, and the Judge of the High Court of 
 Admiralty. The Lord Chief Justice of England is President of 
 the Court, which is divided into five divisions : the (21.) Chan- 
 cery Division; (22.) King's [Queen's] Bench Division; 
 (23.) Common Pleas Division; (24.) Exchequer Division; 
 (25.) Probate, Divorce, and Admiralty Division. To each 
 of these, as a general rule, are assigned the judges of the corre- 
 sponding old court, similarly named, with substantially the same 
 jurisdiction. Legislation is now in process having for its object 
 the fusion of the Common Pleas and Exchequer Divisions in 
 
COURT, 26 — COURT, 29 81 
 
 the Queen's Bench Division, and the abolition of the offices of 
 Chief Baron of the Exchequer and Chief Justice of the Com- 
 mon Pleas. 26. The High Court of Appeal has a jurisdic- 
 tion chiefly appellate. It includes the appellate jurisdiction of 
 the Lord Chancellor, and of the Court of Appeal in Chancery, 
 and of the same court when sitting as a court of appeal in bank- 
 ruptcy; the jurisdiction of the Court of Appeal in Chancery of 
 the County Palatine of Lancaster, and of the Chancellor of the 
 Duchy and County Palatine of Lancaster when sitting alone 
 or apart from the Lords Justices of Appeal in Chancery as a 
 judge of rehearing or appeal from decrees or orders of the Lan- 
 caster chancery courts ; the jurisdiction of the Lord Warden of 
 the Stannaries and his assessors, of the Exchequer Chamber, of 
 the King or Queen in council, and the Judicial Committee of the 
 Privy Council in admiralty and lunacy; and general appellate 
 jurisdiction from the High Court of Justice. Appeals lie from 
 this court to the House of Lords. The judges of the Court of 
 Appeal are the Lord Chancellor, the Chief Justice] of England, 
 the Master of the Bolls, the Chief Justice of the Common Pleas, 
 the Chief Baron of the Exchequer, who are styled the ex officio 
 judges of the court ; also the Lords Justices of Appeal in Chan- 
 cery, and an additional judge appointed. These latter are the 
 ordinary judges of the court, and are styled Justices of Appeal. 
 The Lord Chancellor is President of the court. 
 C. The inferior English common la^w courts which existed 
 generally throughout the kingdom, and were not of a local or 
 special nature, are as follows : — 27. The courts of Assize and 
 Nisi Prius (v. Assize, Nisi Prius), or Gaol Delivery, Oyer 
 and Terminer, succeeded the ancient courts of the justices in 
 eyre. These Assizes are the ordinary courts for the trial of 
 jury cases by a jury of the county; and are held twice a year, 
 formerly in the vacations after Trinity and Hilary terms, in every 
 county except Middlesex; 1;wo judges of the Superior Court being 
 appointed for each circuit, under four, formerly five, commissions 
 (v. Assize), and all England being divided into six circuits, and 
 Wales into two. The court for London and Middlesex is within 
 no circuit, and is termed the (28.) London and Westminster 
 sittings. These courts are now part of the High Court of Justice 
 {court, 20). 29; The County courts were held by the sheriff 
 6 
 
82 COURT, 29 — COURT, 39 
 
 once a month or oftener to try small cases, not exceeding 40 s. in 
 amount (though larger cases and real actions might be brought 
 under AJtisBcies), and for certain other purposes. The freehold- 
 ers of the county were the judges and members of the court ; and 
 being a popular court, not of record, it early lost its juiisdiction, 
 causes being removable into the Superior Courts by writs of re- 
 cordari facias loquelam, false judgment, and pone. For the new 
 County Courts, see Cmrt, 41. 30. The Hundred courts were 
 similar and inferior to the County Courts (Court, 29) held by the 
 steward, with the freeholders of the hundred as judges. It is not 
 to be confounded with the (31.) Hundred gemote of Saxon 
 times, which had larger civil and criminal jurisdiction. 32. The 
 Court-leet or Vievv- of frankpledge was a court of record in a 
 particular lordship, hundred, or manor, held once a year before the 
 steward of the leet. It existed by royal charter or franchise; and 
 was a court of small criminal jurisdiction, long since superseded 
 by the (Quarter Sessions. They also took view of frankpledge, and 
 made presentment by jury of crimes. 33. The Sheriff's Tourn 
 was a court similar to that last mentioned, held by the sheriff 
 twice a year in various parts of the county, being the great court- 
 leet of the county. 34. The Court Baron (manorial courts) 
 was a court, not of record, incident to every manor. In one sense, 
 it is a customary court, having jurisdiction over copyhold lands, 
 surrenders, and admittances ; in another, it was a common law 
 court, similar in jurisdiction and nature to the hundred courts, 
 sometimes independent both of them and even of the county 
 courts. 35. The Burghmotes, borough courts, or Hustings 
 existed by special franchise, and resembled the county courts 
 (Court, 29) in nature and jurisdiction. 36. The courts of Pie- 
 poudre,^., Pedis pulverizati, /., Fipo'wders, were courts of 
 record held by the steward, or him that had the toll, of every 
 fair or market. They had cognizance of all cases of contract 
 and minor offences arising during that particular fair or market ; 
 and were courts of speedy and summary process, so called from 
 the dusty feet of the suitors, or from the French wovi pied pal- 
 d/reaux, a pedlar. 37. The court of the Clerk of the Market 
 had authority to punish misdemeanors and try weights and 
 measures ; tliey existed in every fair or market throughout the 
 kingdom. 38. The Coroner's and (39.) Sheriff's courts were 
 
COURT, 40 — COURT, 47 83 
 
 of record, and are more properly termed inquests, being inquisi- 
 tions into the property of treasure-trove, on violent deaths, boun- 
 daries of lands, damages, and other matters. 40. The Quarter 
 Sessions, or County Sessions : a minor criminal court, or 
 general sessions of the peace, held in each county four times a 
 year before two justices of the peace, one of whom must be of 
 the quorum, or the recorder in boroughs. 41. The new County 
 courts were established by the 9 & 10 Vict. c. 95; they are 
 over five hundred in number, and have a common-law jurisdic- 
 tion up to £50 ; also of all consent actions, ejectments, attach- 
 ments, interrogatories ; and an equity jurisdiction up to £500 ; 
 as weU as some jurisdiction in probate, admiralty, and bank- 
 ruptcy. Appeals lie from them to the divisions of the High 
 Court of Justice. 
 D. The more important English courts of special or local 
 nature or jurisdiction are as follows: — 42. The courts of An- 
 cient Demesne were anciently held by a bailiff appointed by 
 the King; in them alone the tenants of the King's demesne could 
 be impleaded; v. Ancient demesne. 43. The Court of Aug- 
 mentations was established by the 27 Hen. VIII. c. 27, for 
 protecting the King's interests as to suppressed monasteries, 
 and dissolved in the reign of Mary. 44. The Star Chamber, 
 Ceunera Stellata, I., was an ancient court, remodelled under 
 Henry VII. and Henry VIII. It consisted of divers lords 
 spiritual and temporal, being privy councillors, together vrith 
 two judges of the courts of common law; and tried, without 
 the intervention of a jury, matters of riots, perjury, misbehavior 
 of sheriffs, and other high misdemeanors. By usurpation of 
 jurisdiction it became also a court of civil matters and revenue; 
 and, owing to great abuses, was abolished under Charles I. 
 
 45. The Court of Wards and Liveries was founded under 
 Henry VIII., to inquire into matters arising from tenures in 
 chivalry, as concerning the wardship, marriage, and lands of the 
 King's tenants in capite ; and abolished by the 12 Car. II. c. 24. 
 
 46. The Court of the Lord High Ste'ward is a court of 
 peers, instituted during the recess of Parliament for the trial 
 of a peer for treason or felony or misprision of either. 47. The 
 Central Criminal Court was established by the 4 & 5 Will. 
 IV. c. 36, for the trial of offences committed in London, Middle- 
 
84 COURT, 47 — COURT, -56 
 
 sex, or Surrey; and succeeded the (48.) Old Bailey. 49. The 
 Court of Criminal Appeal, or Court for the Considera- 
 tion of CroTivn Cases reserved, was established by the 11 & 
 12 Vict. c. 78, and was composed of the judges of the superior 
 courts, or such as could attend, for deciding any question of 
 law reserved by any judge or magistrate of any court of oyer 
 and terminer, gaol delivery, or quarter sessions, before wliich a 
 prisoner had been found guilty by verdict. Its judgment is 
 final ; and its jurisdiction is now transferred to any five judges 
 of the High Court of Justice. 50. Courts of Bankruptcy. 
 There have been courts of bankruptcy in different districts from 
 which an appeal usually lay to the London Court of Bank- 
 ruptcy, V. Court, 19, estabUshed by the 1 & 2 Will. IV. c. 56. 
 The county courts {Court, 41) have now a bankruptcy jurisdic- 
 tion. 51. The 20 & 31 Viet. c. 77 established a Probate 
 Court, to be held in London, which court exercised the testa- 
 mentary jurisdiction previously belonging to the ecclesiastical 
 courts. It is now consolidated into the Probate, Divorce, and 
 Admiralty divisions of the High Court of Justice (Court, 25). 
 Into the same division was also consolidated the (52.) Court 
 for Divorce and Matrimonial Causes, which by the 20 & 21 
 Vict. c. 85 exercised the matrimonial jurisdiction of the ecclesias- 
 tical courts, decided on the validity of marriages, and granted 
 divorces a vinculo. 
 E. The inferior English courts of a local nature or special juris- 
 diction are as follows : — 53. The Court of Lord Steward of 
 the King's Household, established by the 33 Henry VIII. c. 12, 
 and long obsolete, had jurisdiction of treason, blows, and homicides 
 within the limits (two hundred feet from the gate) of any palace 
 or house where the King might reside. 54. There was also a 
 Court of the Lord Steward, Treasurer, or Comptroller of 
 the King's Household established by 3 Henry VII. c. 14, to 
 inquire of felony by a servant of the household ; also obsolete. 
 55. The Court of Marshalsea held plea of trespasses or debts 
 where a servant within the King's household was concerned. 
 Its jurisdiction extended to the verge, twelve mUes around the 
 royal residence. It was derived from the old Aula regis, and a 
 writ of error lay to Parliament only. It being ambulatory, 
 Charles I. created the (56.) Curia Palatii, /., or Palace Court, 
 
COURT, 57 — COURT, 72 85 
 
 to succeed it. This court had jurisdiction of all personal actions 
 whatever arising within twelve miles of the royal palace at 
 Whitehall, not including the city of London, and was abolished 
 in 1849. 57. There were many Borough Courts, and (58.) 
 Courts of Hustings in the old English cities ; and particularly, 
 in London, the (59.) Sheriffs' Courts, holden before their stew- 
 ard or judge, from which a writ of error lay to the (60.) Court 
 of Hustings, before the mayor, recorder, and sheriffs; and 
 thence to justices appointed by the King's commission, who sat 
 in the church of St. Martins-le-Grand ; thence to the House of 
 Lords ; v. Court, 34. This (61.) Court for the City of Lon- 
 don, as it was later called, has now become the county court for 
 London. 62. The Lord Mayor's Court in London has ^oth 
 equity and common-law jurisdiction ; and is presided over by the 
 Recorder, or, in his absence, the Common Sergeant. The (63.) 
 Courts of Conscience or Requests were tribunals, not of 
 ^record, established in London and other towns, for the recovery 
 of small debts ; they are succeeded by the county courts, and 
 mostly abolished. 64. The Court of Policies of Assurance 
 was established under Elizabeth, for determining summarily all 
 cases concerning policies of insurance on merchandise in Lon- 
 don. Abolished in 1863, although long before obsolete. 65. The 
 Universities Courts were estabhshed in Oxford and Cam- 
 bridge ; the (66.) Chancellor's Court had jurisdiction of per- 
 sonal actions and minor oifences of members of the University ; 
 the (67.) Court of the Lord High Steward had jurisdiction 
 of treasons, felonies, and mayhems committed by members of the 
 University. They were formerly governed by the rules of the 
 civil law ; but now their jurisdiction, particularly in Cambridge, 
 is in great part obsolete. 68. The courts of the Counties 
 Palatine. That of Chester, a court of mixed jurisdiction, has 
 been abohshed. The (69.) Court of Common Pleas at Lan- 
 caster and (70.) of Pleas at Durham have lost their juris- 
 diction under the Judicature Act of 1873 ; but the Chancery 
 courts of these counties are retained. 71. The Courts of the 
 Principality of Weiles were private courts of extensive juris- 
 diction, abolished by the 11 Geo. FV. and 1 Will. IV., when Wales 
 was divided into two circuits for the judges of assize. 72. The 
 Stannary Courts administered justice among the tin-miners 
 
86 COURT, 72 — COURT, 79 
 
 of Devonshire and Cornwall. They were presided over by the 
 Vice-Warden, with appeal to the Lord Warden, of the Stannaries. 
 This appellate jurisdiction is now transferred to the High Court 
 of Appeal ; and the plaintiff may, in the first instance, sue in the 
 county court. In like manner, there are two (73.) Barmote 
 or Berghmote Courts in Derbyshire, called respectively the 
 Great and Small, which administer justice among the miners 
 of the Peak. 74. The Forest Courts existed for the govern- 
 ment of the ^m^s forests, to punish injuries to the vert, venison, 
 or covert. They comprised the courts of (75.) Attachments, 
 ■Wood-mote, or Forty-days Court, held by the verderors of 
 the forest, to inquire into offences against the vert and venison ; 
 the (76.) Court of Regard, for the laioing of dogs ; of (77.) 
 S'v^einmote, held by the sweins or freeholders in the forest, to 
 inquire into grievances committed by the officers of the forest, 
 and to try presentments certified from the Court of Attachments ; 
 and of (78.) Justice-seat, held before the Chief Justice in Eyre 
 to determine all trespasses, claims of franchise, and other causes. 
 All these courts were obsolete before the Restoration. 
 F. Ecclesiastical Courts. 79. The Ecclesiastical Courts, 
 or Courts Christian. In Norman times, these courts con- 
 sisted of councils, or synods, composed entirely or partly of 
 the clergy, and had jurisdiction of crimes or delicts, and even 
 of causes concerning land. These councils were national, pro- 
 vincial, or diocesan; the first resembled the lay Witenagemote ; 
 the last was the origin of the ecclesiastical court of modern 
 times. This last has jurisdiction of matters ecclesiastical or 
 pecuniary (withholding of tithes, etc.), matrimonial (affecting 
 the relations of the sexes, legitimacy, divorce, etc.), and testa- 
 mentary (the probate of wills, legacies, etc.). The last two 
 kinds of jurisdiction were transferred to the Court of Probate 
 and the Court for Divorce and Matrimonial Causes (Court, 51, 
 52), and are now vested in the Supreme Court of Judicature. 
 The law of ecclesiastical courts was founded in the civil and 
 canon law ; and they are not courts of record. They are seven in 
 number : the Archdeacon's Courts, the Consistory Courts, the 
 Court of Arches, the Court of Peculiars, the Prerogative Courts 
 of the two archbishops, the Court of Faculties, and, on appeal, 
 the Privy Council, formerly the Court of Final Appeal, or Court 
 
^COURT, 80 — COURT, 90 87 
 
 of Delegates. There was also the Convocation, and the Couii of 
 High Commission. 80. The Consistory or Diocesan Court 
 was held by each bishop, or his chancellor, in his diocese, witli 
 appeal to the archbishop. 81. The Archdeacon's Court was 
 a minor court of concurrent or delegated jurisdiction in some 
 part of the diocese, with appeal to the bishop. Both these 
 were termed (82.) Ordinary's Courts. 83. The Court of 
 Arches, so called because held in the church of St. Mary-le-Bow 
 {Sancta Maria de Arcuhus, 1.), by the Dean of the Arches, later 
 held in Doctors' Commons, now in Westminster Hall, was the 
 principal consistory court of the Archbishop of Canterbury, with 
 appeal from all other ecclesiastical courts in his province, and 
 extensive original jurisdiction by means of letters of request. The 
 Audience Court was similar, but of inferior jurisdiction. An 
 appeal formerly lay to the Pope ; afterwards to the Court of 
 Delegates, now to the Judicial Committee of the Privy Council. 
 84. The Court of Peculiars is a branch of the Court of Arches, 
 and has jurisdiction over all those parishes of the province of 
 Canterbury which are exempt from the ordinary's jurisdiction 
 and subject to the metropolitan only. An appeal hes to the 
 Court of Arches. 85. The Prerogative Courts were courts 
 held in the provinces of York and Canterbury before a judge 
 appointed by the Archbishop, which had jurisdiction over testa- 
 mentary matters where the decedent left bona noiabilia, goods to 
 the value of £5 in two distinct parishes. This jurisdiction is 
 now transferred; v. Court, 79. 86. The Court of Faculties, 
 a tribunal belonging to the archbishop, grants various licenses, 
 creates rights to pews, monuments, burial, etc. 87. The Court 
 of Delegates was created under Henry VIII., and was the 
 great Court of Final Appeal in ecclesiastical and admiralty 
 causes ; succeeded by the Judicial Committee of the Privy Coun- 
 cil. The decree of the Court of Delegates was sometimes re- 
 vised by (88.) Commissioners of Review. 89. The Judi- 
 cial Committee of the Privy Council has now practically 
 ceased to be a court of appeal, even in ecclesiastical matters ; 
 such jurisdiction being transferred to the High Court of Appeal ; 
 V. Court, 14. 
 G. Courts of Admiralty. 90. The High Court of Ad- 
 miralty. In theory the court of the Lord High Admiral; 
 
88 COURT, 90 — COURT, 97 
 
 presided over by his deputy, the Judge of Admiralty, and held 
 in Doctors' Commons. It was a court not of record, having 
 civil and criminal jurisdiction over maritime affairs. The crimi- 
 nal jurisdiction was conferred upon the Central Criminal Court, 
 upon its establishment. The civil jurisdiction is twofold; and 
 there are two courts, the (91.) Instance Court, for ordinary 
 marine contracts, and the (92.) Prize Court. The Court of 
 Admiralty now forms part of one division of the High Court of 
 Justice; and the Instance Court has jurisdiction of assaults, 
 batteries, collisions, restitution of ships, piratical or illegal tak- 
 ings, at sea; and of contracts between part owners of ships, 
 seamen's wages, pilotage, bottomry bonds, salvage, tonnage, ship 
 provisions, and mortgages. The county courts have also some 
 admiralty jurisdiction. 
 
 H. Military Courts. 93. Courts-martial. The earliest was 
 the Court of Chivalry, an ancient court not of record, held 
 before the Lord High Constable or Earl Marshal of England, 
 touching contracts or deeds of war and arms, both without and 
 within the realm, coats of arms, precedency, etc. ; its jurisdiction 
 being criminal as well as civil, but of vague and iudefinite extent. 
 It became obsolete in the eighteenth century. The modern 
 Courts-martial date from the Revolution. They are naval or 
 military, and from their judgment there is no appeal. They have 
 jurisdiction of offences against the mutiny act and the articles o£ 
 war. 
 
 n. Scotch Courts. 94. The Court of Session is the supreme 
 civil court of Scotland. There are two divisions ; the first presided 
 over by the Lord-President, the second by the Lord Justice- 
 Clerk. Besides these two, there are eleven Lords Ordinary, 
 making thirteen judges. Before the Union, there was a (95.) 
 Court of Exchequer, now merged in the Court of Session. 
 The judges of the Court of Session, having the power formerly 
 exercised by the Commissioners of Teinds (Tithes), now sit 
 also as the (96.) Teind Court, having jurisdiction of parish 
 matters, valuations and sales of teinds, etc. An appeal lies 
 from this court, as also from the Court of Session, to the House 
 of Lords. 97. The Justiciary Court is the supreme criminal 
 court, and is composed of five Lords of Session, with the Lord- 
 
 ' President or Justice-Clerk as President. There are three circuits 
 
COURT, 98 — COURT, 104 89 
 
 of the judges of this court ; and appeal lies to the House of 
 Lords. 98. The Sheriff's Courts are county courts of large 
 civil and criminal jurisdiction, and formerly proceeded without 
 a jury. There are also (99.) Bailie's courts in burghs, and 
 (100.) Justice of the Peace courts. The High Court of 
 Admiralty and Commissary Court or Consistorial Court 
 are now obsolete. , 
 
 III. 101. Irish Courts. Until the year 1877, when the Judi- 
 , cature Act for Ireland (40 & 41 Viot., c. 57) was passed, 
 Ireland had the following courts : — Queen's Bench, Exchequer, 
 Exchequer Chamber, Court for Crown Cases Reserved, Con- 
 soKdated Chamber and Registry Appeals, Court of Chancery, 
 of Appeal in Cliancery, Rolls Court, Vice-Chancellor's Court, 
 Landed Es'tates Court, Court of Bankruptcy and Insolvency 
 of Admiralty, of Probate, and Ecclesiastical Courts. By the 
 Judicature Act, the Courts of Chancery, Queen's Bench, Com- 
 mon Pleas, Exchequer, Probate, the Court for Matrimonial 
 Causes and Matters, and the Landed Estates Court, were fused 
 into a Supreme Court of Judicature for Ireland. There is a 
 High Court of Justice, with five divisions, and a Court of 
 Appccil, as in England, with appeal from the latter to the House 
 of Lords ; and law and equity are concurrently administered. 
 
 TV. American Courts. 103. Courts of the United States. 
 They have jurisdiction exclusive of the State courts in the follow- 
 ing cases : crimes cognizable under the authority of the United 
 States ; suits for penalties and forfeitures incurred under United 
 States laws; civil causes of admiralty and maritime jurisdiction; 
 seizures on land or on waters not within admiralty and maritime 
 jurisdiction ; cases arising under patent-right or copyright laws ; 
 matters and proceedings in bankruptcy; controversies of a 
 civil nature, where a State is a party, except between a State 
 and its citizens, or between a State and citizens of other 
 States, or ahens; suits and proceedings against ambassadors 
 or pubUc ministers, or their domestics or domestic servants, 
 or against consuls or vice-consuls. 103. The Senate sits as 
 a court of impeachment to try the President, Vice-President, 
 and civil officers of the United States for treason, bribery, and 
 other high crimes and misdemeanors. 104. The Supreme 
 Court consists of one chief and eight associate justices ; and sits 
 
90 COURT, 104— COURT, 105 
 
 at Washington. It has exclusive jurisdiction in nearly all civil 
 cases where a State is a party, and in suits or proceedings against 
 an aJnbassador or his servants ; original jurisdiction, not exclu- 
 sive, in cases between a State and its citizens, or between a State 
 and citizens of other States, or aliens ; in suits by an ambassador 
 or his servants, or in which a consul or. vice-consul is a party ; 
 it has power to issue writs of prohibition to the District Courts 
 when proceeding in admiralty, and writs of mandamus in certain 
 cases ; it has appellate jurisdiction from the final judgment of 
 any Circuit Court, or District Court acting as Circuit Court, in 
 civil actions at law when |2,000 is involved, by writ of error, and 
 in cases of equity, admiralty, and maritime jurisdiction, by appeal ; 
 and in case of division of opinion between the circuit judge and 
 the district judge, by review; and, without regard to the amount 
 involved, in all patent, copyright, or revenue cases ; and in cases 
 of deprivation of rights of citizenship, suits for conspiracy against 
 " civil rights," cases tried by the Circuit Court without a jury ; and 
 from the final judgment of Territorial courts or the Supreme Court 
 of the District of Columbia where $1,000 is involved, or where 
 United States statutes or treaties are brought in question ; and 
 from the Court of Claims from all judgments adverse to the 
 United States, and on behalf of the plaintiff, where $3,000 is in- 
 volved. 105. The Circuit Courts. There are nine Circuits. 
 The first includes the districts of Maine, New Hampshire, Massa- 
 chusetts, and Rhode Island ; the second, Vermont, Coniiecticut, 
 and New York ; the third, Pennsylvania, New Jersey, and Dela- 
 ware; the fourth, Maryland, the Virginias, and the Carolinas; 
 the fifth, Georgia, riorida, Alabama, Mississippi, Louisiana, and 
 Texas ; the sixth, Ohio, Michigan, Kentucky, and Tennessee ; the 
 seventh, Indiana, Illinois, and Wisconsin ; the eighth, Nebraska, 
 Minnesota, Iowa, Missouri, Kansas, Arkansas, and Colorado ; the 
 ninth, Oregon, Nevada, and California. Each court is composed 
 of a member of the Supreme Court as Circuit Justice, a Circuit 
 Judge, who shall reside within his circuit, and the district judge 
 of the district where the circuit court is held ; and may be held 
 by any one of the three sitting alone, or by any two sitting to- 
 gether ; but a district judge cannot vote on appeal or error from 
 his own decision. The Circuit Courts have original jurisdiction 
 in civil suits at common law or equity where |500 is involved 
 
COURT, 105— COURT, 108 91 
 
 and an aKen is a party, or the suit is between a citizen of the 
 State where it is brought and a citizen of another State, or of 
 suits in equity involving $500, where the United States are peti- 
 tioners, or at common law where the United States, or any officer 
 thereof suing under the authority of any act of Congress, are 
 plaintiffs; of suits under import, internal revenue, and postal 
 laws ; of patent and copyright suits, suits against national banks, 
 suits in bankruptcy, and in divers other cases. They have ap- 
 pellate jurisdiction from the District Courts in cases involving 
 $50, of equity, admiralty, or maritime jurisdiction. The Circuit 
 Court meets at least twice a year in every district. 106. The 
 District Courts. There is one or more district in every State, 
 for which a District Judge is appointed. These courts are the 
 lowest of the United States courts, and have original jurisdiction 
 of certain crimes and offences cognizable under the authority of 
 the United States ; of piracy, when no Circuit Court is held in 
 the district ; of suits for penalties and forfeitures incurred under 
 United States laws ; of suits brought by the United States or an 
 officer thereof authorized to sue ; of suits in equity to enforce 
 internal revenue taxes ; of suits for penalties or damages for 
 frauds against the United States ; of suits under postal laws ; 
 of all civil causes of admiralty and maritime jurisdiction, and of 
 seizures on land, or waters not subject to admiralty jurisdiction; 
 of suits against conspirators, as for deprivation of " civil rights " ; 
 of suits to recover offices in certain cases, or for the removal 
 of officers ; of suits against national banks ; and of proceedings 
 under national bankruptcy laws ; besides some other less common 
 proceedings. 107. The Court of Claims consists of one chief 
 justice and four judges, and holds one annual session at Washing- 
 ton. It has jurisdiction of all claims founded upon any law of 
 Congress, or upon any regulation of an Executive Department, or 
 upon any contract, expressed or implied, with the government of 
 the. United States, and all claims which may be referred to it by 
 either House of Congress ; and of all set-offs or counter claims 
 made by the United States ; of all claims by a disbursing officer for 
 relief from responsibility for government funds or papers put in his 
 charge ; and of all claims for captured or abandoned property. 
 108. The State courts. Generally, in each of the States, there 
 is a Supreme Court, Supreme Court of Appeals, of Er- 
 
92 COURT, 108 — COURT, 113 
 
 rors, or Supreme Judicial Court, having both original and ap- 
 pellate jurisdiction, the judges of which sit at stated times in the 
 various county seats at nisi prius, and at the State capital in bank. 
 These courts have usually power to issue remedial jvrits, such as 
 error, supersedeas, certiorari, habeas corpus; and particularly 
 the higher writs, hke the English prerogative writs, such as quo 
 warranto, mandamus, prohibition, and ne exeat regno {republiea). 
 Frequently, they are the only courts exercising equity powers, or 
 having jurisdiction of appeals from courts of probate, of awards 
 of land damages, and of divorce or matrimonial causes. In some 
 States the jurisdiction of the supreme courts is appellate only ; 
 in others, an appellate court above the supreme has been estab- 
 lished, called the Court of Appeals, or Court of Errors. 
 There is generally also a court (109.) called the Court of Com- 
 mon Fleas, County Court, Circuit Court for the County, 
 or Superior Court, having large original jurisdiction, and some 
 appellate j urisdiction from minor courts or tribunals. Usually this 
 court has also sittings in bank. In some States there are Courts 
 of Chancery or Equity, exercising general equity powers and 
 distinct from the courts of common law. There are usually (110.) 
 district courts exercising powers over the probate of wills, mat- 
 ters testamentary, guardianship, and occasionally trusts ; called 
 Courts of Probate, Ordinary, Orphans' or Surrogate's 
 courts. Sometimes there is a State court of criminal jurisdiction 
 or a criminal branch of a court of general jurisdiction, termed 
 the (111.) Court of Oyer and Terminer. 112. There are 
 generally many minor courts, of inferior, limited, local, or special 
 jurisdiction, both civil and criminal, termed City Courts, Mu- 
 nicipal Courts, Police Courts, District Courts, Justice of 
 the Peace Courts, Courts of Hustings, Courts of Sessions, 
 Parish Courts, etc. 
 113. Territorial Courts. These are created under the authority 
 of the United States government ; and usually consist of a Su- 
 preme Court, with a chief and two associate justices ; a District 
 Court, of which one of the Supreme Court justices is judge, both 
 these courts having equity as well as common-law jurisdiction ; 
 probate courts, and justice of the peace courts. There is an ap- 
 peal from the Territorial Courts to the Supreme Court of the 
 United States in cases where $1,000, or, in Washington, |2,000, 
 is involved. 
 
COURT — COVENANT 93 
 
 114. Tliere is a Supreme Court for the District of Columbia, 
 
 having tlie jurisdiction of the Circuit Courts of the United States ; 
 and any one of its justices, holding a special term, has the power 
 and jurisdiction of the District Courts of the United States. This 
 court has also jurisdiction of cases arising under the copyright 
 and patent laws, bankruptcy, and other special cases. There is 
 an appeal to the Supreme Court of the United States^ where 
 $1,000 is involved. 
 
 115. The term Royal courts is applied to the Kirufs courts, es- 
 tabhshed by the Conqueror or his successors, on the Norman 
 theory that all justice flows from the King, of which the jurisdic- 
 tion rested directly on royal authority. 116. The term Popular 
 courts is usually applied to such courts as existed before the 
 Conquest (except the Witenagemote), which were national, popu- 
 lar, or social tribunals ; such as the hundred, county, and borough 
 courts. 117. A Court of Record is one which has power to 
 fine or imprison for contempt of its authority. The records of a 
 court of record were formerly kept on parchment, and written in 
 Latin ; they are received in other courts as conclusive evidence 
 of their own genuineness ; and these records are in many cases 
 conclusive evidence of the matters therein contained. 
 
 Court-lands. The demesne land of a manor. Court-rolls: the 
 rolls of a manor, the record of surrenders and admittances, wills, 
 grants, and other matters affecting the lands of the manor. 
 
 Coustum, coutum,/r. Toll, tribute. 
 
 Coututlaugb, sax. A person who knowingly receives an outlaw. 
 
 Covenable,^;^. Convenable. 
 
 Covenant. An agreement, a promise, or an express statement, 
 made by a deed, or contained in a deed, between two or more 
 persons, and sealed by one or more of them. Covenants are 
 dependent on some prior act or condition, or independent; 
 or concurrent, when each is dependent on the other, and either 
 party must aver performance of his own or readiness to perform 
 it, before seeking to enforce the other against the other party. 
 They are also in deed, expressed in the deed, or in la.vT, implied 
 by law. They are inherent when relating directly to the land 
 granted, or collateral, when affecting some other matter. They 
 run -with the land into the hands of other grantees, or they 
 exist in gross. Covenants of title are divided into six common 
 
94 COVENANT — CRIMEN 
 
 classes : of seisin, that the grantor is duly seised ; of right to 
 convey ; against incumbrances ; for further assurance ; 
 of quiet enjoyment; and ■warranty. These are some- 
 times called real covenants ; more particularly the last three, 
 which run with the land. The first three are more properly per. 
 sonal, and cannot be enforced by an assignee of the land. 
 
 Covenant. The action brought to recover damages for breach of 
 a contract under seal. 
 
 Covenant to stand seised. A conveyance under the statute of 
 uses, in which, in consideration of blood relationship, a man 
 covenants to stand seised to the use of a wife or relative, whereby 
 the possession is vested in such person by the statute. Now ob- 
 solete. 
 
 Covert Covered ; protected. Feme covert : a married woman. 
 Coverture : the condition of marriage. Covert baron : under 
 the protection of a husband. 
 
 Covin. Secret combination to effect fraud. 
 
 Crassus, I. Large; gross. Crassa negligentia: gross negh- 
 gence. 
 
 Crastino, I. On the morrow. Crastino animarum : on the mor- 
 row of All Souls. 
 
 Craven, sax. To beg. v. Battel. 
 
 Creditors' bill. In England, a bill in equity filed by one or more 
 creditors for an account of the assets and ratable settlement of 
 the estate of a deceased, among such creditors as come in under 
 the decree. A kind of Administration suit. 
 
 Crepare oculum, I. To put out an eye. 
 
 Crepusculum, I. Twilight. 
 
 Cresser, fi. To grow. Cressant : growing. 
 
 Cribler,/r. To argue. Furent cribles : were debated. 
 
 Crier, y>. To proclaim. Crie de pays : hue and cry. Criez la 
 peez : rehearse the concord. An order given by the justice to 
 the sergeant in the process of levying a fine. v. Fitie. 
 
 Crim. Con. Criminal conversation. 
 
 Crimen falsi, I. The crime of falsifying. It includes counterfeit- 
 ing, forgery, and perjury, and other cases of fraud. Crimen 
 furti: theft. Crimen iucendii: arson, burning. Crimen 
 laesse majestatis (the crime of injured majesty) : high treason. 
 Crimen raptus : rape. Crimen roberise : robbery. 
 
CRIMINAL — CUJUS 95 
 
 Criminal conversation. Adultery. Criminal information : v. 
 
 Liformation. Criminal Appeal, Court of: v. Court, 49. 
 
 Croft A small piece of land by a dwelling-liouse. 
 
 Cross bilL A bill relating to a suit in equity, Vought by the de- 
 fendant in the previous suit against the plaintiff or other parties. 
 Cross examination : the examination of a witness by the party 
 opposed to the party producing him, to test the truth of his evi- 
 dence given in chief. Cross remainders : when each of two or 
 more grantees of an estate, usually tenants in common, has re- 
 ciprocally a remainder in the shares of the others. 
 
 Crossed cheque. (In England) a cheque crossed by two lines en- 
 closmg a banker's name, whereby the cheque is made payable 
 only to a certain banker. Sometimes the words and company 
 only are written, and the payee is expected to prefix his banker's 
 name. 
 
 Crown la'w. Criminal law. Crown side : the criminal side of the 
 K. B. ; V. Court, 8. Crown Cases Reserved, Court for the 
 Consideration of: v. Court, 49. Crown ofSce: a department 
 in the crown side of the K. B. where cognizance is taken of 
 criminal causes, and informations are filed. 
 
 Cry de pais.y)-. (The cry of the country.) Hue and cry. 
 
 Cucking-stool, v. Common scold. 
 
 Cui ante divortium, /. (To whom before the divorce.) A writ 
 of entry brought by a woman divorced to recover lands of hers 
 which the husband had alienated during coverture. Cui in 
 vita : a similar writ brought by a widow to recover lands alien- 
 ated by her husband in his lifetime. Cui bono : for whose good, 
 frequently mistranslated "for what good." Cui licet quod 
 majus, non debet quod minus est non licerc: he to 
 whom the greater [act or power] is lawful, ought not to be pro- 
 hibited from the less. 
 Cuicunque aliquis quid concedit, concedere videtur et id 
 sine quo res ipsa esse non potuit, /. Any one who grants 
 anything to another is held also to grant that without which the 
 thing itself could not exist. 
 Cuilibet in arte sua perito credendum est, I. Any skilled 
 
 person is to be believed in his own art. 
 Cujus est commodum, ejus debet esse incommodum, I. 
 He who enjoys the profit ought to bear the loss. Cujus est 
 
96 CUIUS — CURIA 
 
 dare, ejus est disponere (whose it is to give, his it is to dis- 
 pose) : a giver can regulate the applicatioa of his gift. Cujus 
 est divisio, alterius est electio : whichever has the division, 
 the other has the choice [of shares]. Cujus est dominium 
 ejus est periculum : he who has the ownership bears the risk. 
 Cujus est solum, ejus est usque ad caelum et ad inferos : 
 he who owns the ground possesses also to the sky and the cen- 
 tre of the earth, i. a. all things above and below it. 
 
 Cul., culp., ;. (Culpabihs.) Guilty. Cul. prit. : guilty ; ready, 
 etc. A reply of the clerk, on behalf of the Crown, to a pris- 
 oner's plea of not guilty, in criminal cases. 
 
 Culpa, /. Eault ; negligence ; guilt. Culpa lata dolo sequipa- 
 ratur : gross negligence is held equivalent to intentional wrong. 
 
 Cum, I. With. Cum grano salis (with a grain of salt) : allow- 
 ing for exaggeration. Cum. onere (with a burden) : subject to 
 a charge. Cum pertinentiis : with the appurtenances. Cum 
 testamento annezo: with the will annexed; v. Administra- 
 lion. 
 
 Cum, quum, I. When. Cum duo inter se pugnantia reperi- 
 untur in testamento, ultimum ratum est : when two things 
 repugnant to each other are found in a will, the last prevails. 
 Cum quod ago non valet ut ago, valeat quantum valere 
 potest : when what I do is of no effect as I do it, it shall have 
 as much effect as it can [in some other way] ; v. Ct/-prh. 
 
 Cumulative. Additional, increasing, v. Legacy. 
 
 Cur. Tor Curia, q. v. 
 
 Cura, I. Care. Cura animarum : Cure of souls. 
 
 Curate, v. Rector. 
 
 Curator ad hoc, I. A guardian for this [purpose]. Curator 
 bonis : the guardian of a minor or lunatic. 
 
 Cure of souls. The spiritual charge of a parish ; the duties of an 
 officiating clergyman. Cure by verdict : v. Aider. 
 
 Curge, fr. _ Runs. Curgera ove la terre : shall run with the 
 land. 
 
 Curia, I., Cur, Cour, fr. Court. Curia advisari vult: the 
 court wishes to deliberate. Curia admiralitatis': the court 
 of admiralty. Curia baronis or baronum : the court baron. 
 Curia christianitatis : the ecclesiastical court. Curia comi- 
 tatus: the county court. Curia cancellariae est ofBcina 
 
CUEIALITA8— GUSTOS 97 
 
 justitiee: the court of chancery is the workshop of justice. 
 Curia domitii: the lord's court. Curia magna (the great 
 court): Parliament. Curia maj oris: the mayor's court. Cu- 
 ria Palatii: the Palace Court. Curia pedis pulverizati: 
 Piedpoudre court. Curia regis: the king's court; v. Aula 
 Regis. 
 
 Curialitas, I. Curiality ; curtesy. 
 
 Currere, I. To run. Currit quatuor pedibus : it runs upon all 
 fours. 
 
 Cursitors. Clerks of chancery, whose duties were to make out the 
 original writs, or writs de cnrsu. 
 
 Cursus, ;. Course; practice. Cursus curiae est lex curiae: 
 the practice of the court is the law of the court. 
 
 Curtesy, Curtesy of England. The life estate which a husband 
 has on the death of his wife in any lands of which she was seised, 
 in fee simple or fee tail, during coverture, if he had lawful issue 
 by her born alive and capable of inheriting. 
 
 Curtilage, y>. The enclosed land about a dwelling. 
 
 Curtis, ;. A court, a yard ; a dwelling ; a household ; a court or 
 tribunal ; a residence. 
 
 Custagium, custagia, Custantia, I. Cost; costs. 
 
 Custode admittendo, amovendo. v. Le. 
 
 Custodia. Ward, keeping, guardianship, custody. 
 
 Custom of merchants. The law merchant. Custom ; v. Pre- 
 scribe. 
 
 Customary estate. An estate existing by the custom of a manor, 
 evidenced by copy of court roll. Customary freehold : a copy- 
 hold tenure held not at the will of the lord, resembling freehold. 
 
 Custos, pi. custodes, I. A guard, keeper, warden, magistrate. 
 Custos brevium : the keeper of the writs, a principal clerk of 
 the C. B. Custos maris (warden of the sea) : admiral. Cus- 
 tos placitorum coronae : keeper of the pleas of the Crown. 
 Custos rotulorum: keeper of the rolls; the principal justice 
 of the peace of a county, the first civil officer, as the lord lieuten- 
 ant is the first military officer. Custos spiritualium : guardian 
 of the spiritualities, he that exercised ecclesiastical jurisdiction 
 during the vacancy of a see, while the custos temporalium, 
 guardian of the temporalities, looked after the material interests 
 and accounted for the rents and profits to the King. 
 7 
 
98 CUSTUMA — DANELAGB 
 
 Custuma antiqua sive magna, /. An old export duty on wool 
 and hides. Custuma parva et nova : old duties on goods ex- 
 ported or imported by aliens. 
 
 Custus, /. Costs ; charges ; expense. 
 
 Cy,/r. Here. Cy-apr^s: hereafter. Cy-devant: heretofore. 
 
 Cy, si, etc.,/r. So, as. Cy-prts: as near [as possible]; the doc- 
 trine of construing instruments as near the intention of parties 
 as possible ; and, particularly, the equitable doctrine by which, 
 when it would be impossible or unreasonable to carry out the 
 directions of a testator literally, his intention is carried out so 
 far as practicable ; applied to charitable bequests. 
 
 Cynebote, sax. Cenegild, q. v. 
 
 Cyrographum, /. v. Chirographum. 
 
 D. 
 
 D. P. (Domus Procerum, /.). The House of Lords. 
 
 Da, oui <ia,/r. Yes. 
 
 Damage-clere, fr. A fee formerly due the chief clerk from a 
 plaintiff recovering damages in the K. B. and C. P. Damage- 
 feasant : doing damage, a term applied to cattle trespassing. 
 
 Damages, The sum claimed by the plaintiff or assessed by the jury 
 in a personal or mixed civil action. Exemplary, punitive, or 
 vindictive damages : damages more than the actual damage 
 given by way of punishment for fraud, malice, or oppression ; 
 smart-money. General damages: such as necessarily result 
 from the injury complained of; not Special damages, which 
 must be specified in the declaration. Liquidated damages : 
 a sum agreed upon by the parties as compensation for a breach 
 of contract. 
 
 Dame,/r. A wife of a knight or baronet ; lady. 
 
 Damnatus, /. Condemned ; unlawful. 
 
 Damnosa hsereditas, /. A burdensome inheritance. 
 
 Damnum, pi. damna, /. Harm, loss ; damages. 
 
 Damnum absque injuria, /. A damage without a [legal] wrong. 
 Damnum fatale (fatal damage) : unavoidable loss. 
 
 Danelage. The Danish law anciently prevailing in the eastern 
 counties of England. 
 
DANS— DE BENE 99 
 
 Haaaifr. In; within. 
 
 Dans et retinens nil dat, I. One who gives and retains [posses- 
 sion] gives nothing ; i. e. the title does not pass. 
 
 Darrein, dareyne, darraign, etc.,//-. Last; v. Continuance, Puis 
 darrein continuance. Darrein presentment : v. Assize. Dar- 
 rein seisin. An old plea for the tenant in a writ of right. 
 
 Datf, data, datum, /. " Given," executed ; the date of instru- 
 ments. 
 
 Datio in solutum, /., Dation en paiement,/r.- (Giving in pay- 
 ment.) A species of accord and satisfaction by transfer or as- 
 signment of property in lien of money. 
 
 Dative. In one's gift; appointed by public authority ; removable 
 at pleasure. 
 
 Days in bank. The days in the C. B. on which writs were return- 
 able; V. Bank ; also called common days. Days of grace : 
 three days allowed persons summoned in the English courts for 
 appearance, after the return day ; the fourth day being the quarto 
 die post. In mercantile law, days (usually three) after the 
 day upon which biUs or notes are expressed to be payable on 
 the last of which the bill becomes legally due. To go without 
 day : to be dismissed finally from court ; v. Continuance. 
 
 De, /. Of; from; about; out of; concerning; among; for; to. 
 De admensuratione dotis : a writ of Admeasurement of dower, 
 q. V. De admittendo clerico : a writ commanding the bishop 
 to admit the clerk presented by a patron of a Uving who has es- 
 tablished his right thereto inquare impedit or darrein presentment . 
 De aetate probanda : a writ to determine whether the heir of a 
 tenant in capile was of full age. De alto et basso : v. Alto. 
 De annuo reditu : a writ to recover an annuity. De apostata 
 capiendo : a writ for the arrest of a person professing some 
 religious order who left his abbey or other residence and wan- 
 dered about the country. De sirrestandiB bonis ne dissi- 
 pentur : v. Arrestandis. De averiis replegiandis : a writ to 
 replevy cattle. De audiendo et terminando {fr. oyer et 
 terminer) : to hear and determine, v. Assize. De averiis cap- 
 tis in withernamium : v. Capias in withernam. Withernam. 
 De avo: a writ of aiel. De banco: of the bench, of tlie 
 Court of Common Pleas. De bene esse {fr. del bien estre) : 
 for what it is worth, provisionally, v. Bill, I. 19. Spoken of evi- 
 
100 DE BENE — DB DONIS 
 
 dence taken, but whicli is to be xised only upon certain condi- 
 tions, as if the witness be unable to attend at some future time ; 
 also of a verdict found subject to the opiidon of the court, etc. 
 De bonis asportatis: the action, brought for goods carried 
 away, of trespass to personal property. De bonis non : of the 
 goods not [administered], v. Administration. De bonis non 
 amovendis : v. Bonis. De bonis propriis : of his own goods, 
 spoken of a judgment against an executor or administrator to be 
 satisfied from his own property, not de bonis testatoris or 
 intestati, out of the goods of the testator or intestate. De bono 
 gestu: for good behavior; v. Good ahearihg. De bono et 
 malo {Jr. de bien et de mal) : 1. For good or evil. 3. The 
 name of a special writ of gaol dehvery. De cartis reddendis : 
 a writ to secure the specific rqtums of deeds ; de catallis red- 
 dendis : a similar writ for chattels generally. De champertia : 
 a writ to enforce the statute of champerty. De ch imin o : a writ 
 to enforce a right of way. De clauso fracto : of breach of close. 
 De clerico admittendo : v. Be admittendo clerico. De com- 
 bustione domorum : concerning house-burning, a kiud of ap- 
 peal; V. Appeal, 2. De computo: v. Compotus. De consan- 
 guineo : a writ of Cosinage. De oonsilio : of counsel. De 
 conspiratione : a writ of Conspiracy. De oonsuetudinibus 
 et servitiis : a writ by landlord against tenant to enforce cus- 
 toms and services. De contributione facienda: an old writ 
 to compel coparceners or tenants in common to contribute their 
 share of rents or services. De contumace capiendo : a writ 
 issuing from Chancery to arrest a defendant in contempt of an 
 ecclesiastical court. De conventione : a writ of covenant. De 
 corpore: of the body; v. Corpus. De curia claudenda: a 
 writ directing the defendant to fence in his land. De cursu : 
 of course ; v. Writ. De custode admittendo : a writ to ad- 
 mit a guardian ; amovendo, to remove one. De custodia terree 
 et hseredis : writ of ward, a writ for a guardian in chivalry 
 or socage to recover the possession of the land and infant heir. 
 De debito : a writ of debt. De die claro (by clear day) ; by 
 daylight. De die in diem : from day to day. De dolo malo : 
 concerning fraud. De domo reparanda : a writ to compel 
 a man to repair his house when dangerous' to the neighbors. 
 De donia conditionalibus : of conditional gifts ; the title of 
 
DE DOTE — DE H^REDE \0\ 
 
 the statute establishing fees tail, 13 Edw. I., st. 1, o. 1. iJ^ 
 dote assignanda : a writ for the widow of a tenant in capite, 
 commanding the King's escheator to assign her dower. De 
 dote unde nihil habet (of dower whereof she has nothing) : a 
 writ for a widow commanding the tenant to assign her dower. 
 De ejectione custodiae (for ejectment of ward) : a writ for the 
 guardian to recover the ward's land or person. De ejectione 
 firmEe : a writ to recover damages for ejectment, which lay for 
 a term tenant against the reversioner, remainderman, lessor, 
 or a stranger; v. Ejectment. De escseta: a writ of esckeat. 
 De essendo quietum de tbeolonio : a writ which lay for the 
 burgesses of a town exempt from toll to enforce such right of 
 exemption. De essonio de malo leoti : a writ to authorize an 
 examination into the truth of an essoin of mato lecti. De esto- 
 veriis habendis : a writ for a wife divorced a mensa et thoro to 
 recover her alimony or estovers. De estrepaiaento : a writ to 
 prevent estrepement by the tenant during a suit about the posses- 
 sion of land. De et super prsemissis : of and upon the prem- 
 ises. De excommunicato capiendo : a writ to arrest a per- 
 son excommunicated , now superseded by de contumace capiendo. 
 De executione facienda in Tirithernamium : a writ of exe- 
 cution in withernam, a species of capias in withernam. De 
 exitibus terras : out of the profits of the land. De exonera- 
 tione sectse : a writ to privilege the King's ward from suit in 
 all courts lower than the C. B. De facto : in fact, in deed ; 
 actual; distinguished from de jure, in law, of right. De 
 feodo : in fee, of fee. De fide et ofBcio judicis non recipi- 
 tur qusestio, sed de scientia, aive Bit error juris, sive 
 facti: the good faith and honesty of purpose of a judge cannot 
 be questioned, but his decision may be impugned for error either 
 of law or fact. De fine capiendo pro terris : a writ which lay 
 for a juror who had been attainted for giving a false verdict, to 
 obtain release of his person, land, and goods on payment of a 
 fine to the King ; v. Attaint. De furto ; of theft, a kind of 
 criminal appeal. De futuro: for the future, regarding the 
 future. De gratia : of grace, by favor. De gratia special!, 
 ex certa scientia, et mere motu: of special grace, certain 
 knowledge, and mere motion. De haerede deliberando illi 
 qui habet custodiam terrae : a writ for delivering the heir to 
 
102 DE H^EEDE— DE MODO 
 
 him who has custody of the land. De haerede rapto et ab- 
 ducto : a writ for a guardian in chivalry or socage to recover his 
 ward when abducted. De haeretico comburendo : a writ to 
 burn a heretic who had abjured his heresy and agam relapsed. 
 De homine capto in ■withernamium : a writ to take in wi(A- 
 ernam him who had led any bondman or bondwoman out of 
 the county, so he or she could not be replevied according to law. 
 De homine replegiando : a writ to replevy a man out of cus- 
 tody, on giving security to the sheriff that he will appear to answer 
 any charge against him. De incremento : of increase ; v. Cosls. 
 De idiota inquirendo : a writ to inquire whether a man be an 
 idiot or not. De infirmitate : of infirmity ; v. lissom. De in- 
 gressu : writ of entry. De injuria sua absque tali causa, or 
 absque residue causae : of liis own wrong without such cause, 
 or without the rest of such cause ; a replication, traversing, in 
 general terms, a plea of excuse or justification in an action 
 of tort. De integro : anew ; a second time ; as it was before. 
 De intrusione : a writ of intrusion.. De jure : of right, by 
 law. De jure communi : at common law. De jure judicesi 
 de facto juratores, respondent: the judges answer as to the 
 law, the jurymen to the fact. De latere : from the side, collat- 
 erally. De libertatibus allocandis : a writ for burgesses en- 
 titled to certain liberties to enforce their rights. De lunatico 
 inquirendo : a writ to inquire about lunacy ; v. Commission, 4. 
 De magna assisa eligenda : a writ to choose the grand assize. 
 De malo lecti, veniendi, villae : v. Essoin. De manucap- 
 tione : writ of mainprise. De manutenendo : a writ of main- 
 tenance. De me : v. A me. De medietate linguae : of 
 half-tongue, a jury half natives, half aliens; v. Biling-uis. De 
 medio : a writ of mesne. De melioribus damnis (for the 
 better damages) : a term applied to the election by a plaintiff, 
 who has had the damages assessed severally against the defend- 
 ants, of one defendant against whom he will proceed while he 
 enters a nol. pros, as to the others. De meroatoribus (of 
 merchants) : the statute of Acton Bwrnel, 11 Edw. I., 1233, 
 and the statute 13 Edw. I., st. 3, which established the recog- 
 nizance by statute merchant. De minimis non curat lex: 
 tlie law concerns not itself about trifles. De modo deciman- 
 di: [a prescription] of a modus of paying tithes. De morte 
 
DE MORTE— DB RATIQNABILI 103 
 
 hominis nulla est cunctatio longa : as to the death of a man 
 no delay is long. De non apparentibus et non ezistenti- 
 bus eadem est ratio : the rule as to things which do not ap- 
 pear is the same as the rule as to things which do not exist. De 
 non decimando (of not paymg tithes) : a prescription to be 
 entirely discharged of tithes. De novo : anew, a second time. 
 De odio et atia (by hatred and malice) : an old writ, issuing 
 as of course and gratis, similar in purpose to the habeas corpus, 
 which lay for a person imprisoned on charge of homicide com- 
 manding the sheriff to inquire whether there was just cause of 
 suspicion against him. If it was found that he was accused de 
 odio et atia, or that he committed the deed se defendendo, or per 
 infortunium, a writ of tradas in ballium might issue command- 
 ing the sheriff to admit him to bad if he could find twelve good 
 and lawful men of the county as mainpernors. De onerando 
 pro rata portionis : a writ for a joint tenant or tenant in com- 
 mon, distrained for more than his share of the rent, to charge the 
 other tenants proportionately. De pace et legalitate tuenda : 
 for keeping the peace and good behavior. De pace et plagis : 
 of breach of the peace and wounds, a kind of criminal appeal. 
 So De pace et roberia (robbery) or imprisonamento (im- 
 prisonment). De pace infracta : of breach of. the peace. De 
 parco fracto : a writ of pound breach,. De partitione faci- 
 enda : a writ for making partition of lands held by tenants in 
 common, joint tenants, or coparceners. De perambulatione 
 facienda: a writ to ascertain the boundaries of lands. De 
 placito : of a plea, in an action. De piano : summarily ; 
 clearly; by covin; forthwith. De plegiis acquietaudis : a writ 
 for a surety, who has been compelled to pay a debt, against his 
 principal. De pone: a writ of Pone. De post disseisina: 
 a writ of Post disseisin. De praesenti : for the present, as 
 of the present. De proprietate probanda : a writ directing 
 the sheriff to inquire by inquest into the ownership of goods 
 distrained. De quibus sur disseisin : an old writ of entry. 
 De quodam ignoto : from a certain person unknown. De 
 raptu heeredis : a writ for a guardian in tenure against one 
 who abducted his ward. De raptu virginum: of the rape of 
 maids, a kind of criminal appeal. De rationabili parte bono- 
 rum (of a reasonable part of the goods) : an old writ enabling 
 
104 DB RATION ABILI—DE WARRANTIA 
 
 the wife and children of a man deceased to recover the thirds of 
 his personal property which he could not, by common law, or 
 county customs, bequeath away from them. De ratiouabili 
 parte: a writ of right for one coparcener against another usurp- 
 ing the entire possession. De recto : writ of right. De 
 recto de advooatione : writ of right of adoaieson. De recto 
 de dote : writ of right of dower. De recto de&cere : to fail 
 of right. De recto [brevej patens : the patent writ of right. 
 De redisseisina : writ of redisseisin, De replegiare : writ of 
 replevin.. De resoussu: writ of rescous. De retoruo ha- 
 beudo : to have a return, a judgment for the defendant in re- 
 plevin. De rigore juris: by strict law. De salva guardia: 
 writ of safeguard. De salvo conductu: writ of safe-eon- 
 duct. De scutagio habendo : a writ to recover escuage from 
 tenants by knight's service who failed to serve the Kuig in war. 
 De se bene gereudo : for his good behavior. De secta ad 
 molendinum : a ^yrit to enforce one to continue grinding at the 
 plaintifC's mill as by custom. De servitio regis : for the King's 
 service ; v. Essoin.. De similibus idem est judicandum : of 
 like, things the same judgment is to be made. De statute mer- 
 catorio : a writ of statute merchant. De statute stapulse : writ 
 of statute staple. De superoneratione pastures : a writ of 
 surcharge of pasture. De supersedendo : a writ of super- 
 sedeas. De tempore cujus, etc. : v. A tempore, etc. De tem- 
 pore in tempus et ad omnia tempera : from time to time 
 and at all times. De terra sancta : of the holy land ; v. Essoin. 
 De theolonio : a writ to recover toU. De transgressione : a 
 writ of trespass. De ultra mare : of beyond sea ; v. Essoin. 
 De una parte : unilateral, a deed where one party only binds 
 himself. De uxore rapta et abducta, : a writ for a man to re- 
 cover damages for the abduction of his wife. De vasto : a writ 
 of waste. De ventre inspiciendo (for examining the belly) : 
 a writ which a presumptive heir might have to examine whether 
 the widow was pregnant or not ; a writ to examine into the preg- 
 nancy of a woman sentenced to death. De verbo in verbum : 
 word for word. De vicineto: from the neighborhood. De 
 warrantia chartse : a writ of warranty of charter, given a de- 
 fendant in assize or other action, where he could not vouch to war- 
 rawly, against the feoffor or his heir to compel them to warrant. 
 
DE— DEAN 105 
 
 De warrantia custodiae : a ■writ for one who had purchased 
 lands in knight-service, or his heir, against the grantor warrant- 
 ing them free of wardship, or his lieir, when wardship was 
 claimed by a third party. De vrarrautia dlei : a writ to prevent 
 default where a man had a day given him to appear in court, and 
 was absent on service of the King. 
 
 Oe./r. Of ; about ; from ; concerning ; out of ; in ; at ; in order 
 to ; on ; with. De bone memorie (of good memory) : of 
 sound mind. De comon droit: at common law, of common 
 riglit. De comes et de bouche (witli horns and mouth) : an 
 expression applied to hue and cry. De coste : on the side, 
 collateral. De oy en avant: from now henceforth. De de- 
 faute de droit: for failurerof right; an old appeal in feudal 
 law. De droit : de jure. De fine force : of pure necessity. 
 De haut en bas : of high and low, a term expressing the unlim- 
 ited power of taxation enjoyed by a lord. De la pluis beale : 
 V. Dower. De mot en mot : word for word. De non sane 
 memorie: of unsound mind. De pleine age: of full age. 
 De ques en ga: from. which time until now. De quoy: of 
 which, wherewith. De rien culpable : guilty of naught. De 
 son tort demesne sans tiel cause : of his ovni wrong with- 
 out such cause ; v. De injuria sua, &c. De sa vie ; for his life, 
 not pour auter vie. De son done: by his gift. De son grfee: 
 of his own accord. De temps dont memorie ne court, etc. . 
 from time of which memory runneth not [to the contrary]; v. 
 A tempore. 
 
 Dead freight. The amount paid by a charterer for that part of 
 the vessel's capacity which he does not occupy, though he has 
 contracted for it. 
 
 Dead man's part, Death's part. That part of the personal ef- 
 fects of a decedent which by the custom of London and York 
 went to the administrator. In Scotch law, Dead's part meant 
 such of his personalty as remained beyond tlie shares of the 
 widow and children, which the decedent could dispose of by 
 will. Dead pledge : a mortgage. 
 
 Deafforest. To discharge from being ^forest and subject to forest 
 law. 
 
 Dean and Chapter. The council of a bishop, a spiritual corpora- 
 tion. Dean of the Arches : the presiding judge of the Court 
 of Arches, v. Court, 83. 
 
106 DEBAS — DE9A 
 
 Debas, debassa,/?-. Below, downwards. 
 
 Debent, I. They owe. Debet : he owes, he ought. Debet et 
 detinet : he owes and withholds, words applied to an action of 
 debt brought by one of the original contracting parties. If by 
 or against an assignee, the original writ contained the word de- 
 tinet alone. Debet et solet: he ought and has been used 
 [to do], words in a writ of right, importing that the plaintiff 
 sues for a thing now for the first time withheld; if he sued for 
 a right of which bis ancestor was deprived, the writ contained 
 the word debet alone, t. Debet. 
 
 Debentures. The bonds of English public companies. 
 
 Debet esse finis litium, /. There ought to be an end of suits. 
 Debet quis juri subjacere ubi delinquit: one ought to be 
 subject to the law of the place where one offends ; v. Debent. 
 
 Debile fuudamentum fallit opus, I. A weak foundation spoils 
 the whole work. 
 
 Debita, I. Debts. Debita fundi: debts secured upon land. 
 Debita sequuutur personam debitoris : debts follow the 
 person of the debtor. 
 
 Debito modo, /. In due manner. 
 
 Debitor non prsesumitur donare, I. A debtor is not presumed 
 to make a gift [to intend a conveyance as a gift]. 
 
 Debitum, /. Debt; a thing due or proper. Debitum et con- 
 tractus sunt nuUius loci : debt and contract are of no place 
 [they may be enforced in any jurisdiction]. Debitum in prae- 
 senti, solvendum in future (owed now, to be paid in future) : 
 a debt or obligation, complete when contracted, to be performed 
 subsequently. 
 
 Debitor, /. A debtor. Debitorum pactionibus creditorum 
 petitio nee telli nee minui potest: a claim of creditors 
 can neither be lost nor modified through agreements made among 
 debtors. 
 
 Debt. 1. An old action having for its object the recovery of a spe- 
 cific sum of money; \. Debent. 2. Indebitatus assumpsit: 
 V. Assumpsit. Debt of record: a judgment or recognizance 
 debt. Debt by specialty : a debt acknowledged by writing 
 under seal. 
 
 Debuit, I. He owed. Debuit reparare : he ought to repair. 
 
 Dega, decha,//. On this side. 
 
DECANUS — DECREE 107 
 
 Decanus, I. A dean. Decania, decanatus : his jurisdiction, a 
 
 deanery ; also, a tithing. 
 Deoeder,//-., Decedere, I. To die. Decedens, ;., Decedent : a 
 
 person deceased. 
 
 Deceit. 1. An old judicial writ in the C. B. brought to recover 
 lands lost in a real action by default of the tenant through col- 
 lusion. 2. An original writ to recover damages for deceit by way 
 of forgery, coEusion, or fraudulent misrepresentation. 3. The 
 modern similar action in trespass on the case. 
 
 Decern tales, I. (Ten such.) A W'rit to summon ten jurors to 
 make up a deficiency. 
 
 Decenna, /. A decennary, a tithing. Decennarius : a deciner. 
 
 Deceptis, non decipientibus, jura subveuiunt, I. The laws 
 assist the deceived, not those deceiving. 
 
 Decern, sc. To decree. 
 
 Decet, /. It is fit, becoming. 
 
 Decles tantum, I. (Ten times as much.) A species of popular 
 action against a juror who had been bribed, to recover ten times 
 the amount of the bribe ; also against the embraceour. 
 
 Decimae, /., Disnies,/r. 1. Tenths ; the tenth part of the profit 
 of church livings formerly claimed by the Pope, now part of the 
 royal revenue. 2. Tithes. 
 
 Deciner, desiner, dozyner, etc. One of a tithing, a hund-borow. 
 
 Declaration. The first pleading of the plaintiff in a civil action 
 at law ; the written statement of his case ; formerly, when oral, 
 called the count. Declaration of intention: a declaration 
 made by an alien before a court of record that he intends to 
 become a citizen of the United States. Declaration of trust : 
 an act showing, or instrument stating, that the donor grants, or 
 the owner holds, certain property in trust for certain purposes ; 
 such act or instrument being made or assented to by the donor 
 or holder. 
 
 Declare. To prepare, file, and serve a declaration. To state sol- 
 emnly before witnesses. 
 
 Declinatory plea. The plea of sanctuary, or benefit of clergy. 
 
 Declination, declinature. A Scotch plea to the jurisdiction. 
 Decline : to object to, ibid. 
 
 Decree, Decreet, sc. The judgment of a court of equity or ad- 
 miralty, which, if final, disposes of the suit ; if interlocutory. 
 
108 DECREE — DEFALT A 
 
 disposes not of the main question, but of some plea or issue 
 arising in the cause. Decree nisi : one which will be made 
 absolute on motion, unless some cause to prevent intervene. 
 Decreet absolvitor, a decree for the defendant ; coudemna- 
 tor, for the plaintiff. 
 
 Decretal order. An order, like a decree, made by the Court of 
 Chancery on motion. 
 
 Decretales, I., decretals. The second division of the canon law. 
 V. Corpus juris. 
 
 Dedi, I. I have given. The operative word in conveyances by 
 grant, anciently held to imply a warranty. Dedi et concessi : 
 I have given and granted. 
 
 Dedication. The appropriation of property, usually land, by the 
 owner to pubUc uses ; as of a right of way, when a private land- 
 owner lays out a road, and it is accepted by the pubhc or pubUc 
 authorities. 
 
 Dedicere, /. To deny. Dediotum : denied. 
 
 Dedimus, I. A commission to take testimony. Dedimus et 
 concessimus : we have given and granted. Dedimus potes- 
 tatem was an old Enghsh writ, issuing out of Chancery, em- 
 powering the persons named in it to perform certain judicial or 
 ministerial acts ; as to make an attorney, take oaths, take the 
 acknowledgment of a fine, etc. 
 
 Dedire,y5-. To deny. Dedit: denied. 
 
 Dedit et concessit, I. He hath given and granted, v. Dedi. 
 
 Deed. A written agreement or grant, sealed and delivered; usually 
 the term is applied only to conveyances of real estate. A deed 
 indented is one executed in two parts, or as many parts as 
 there were parties, which formerly were separated by cutting 
 in a curved or indented line; a chirograph. A deed poll 
 is one executed in one part; by one party only; having the 
 edge polled, or cut even, not indented. The terms are still used 
 to distinguish deeds in which there are agreements of more than 
 one party, from those which are the acts of a single party, like 
 simple grants or appointments. Deeds to lead, or to declare 
 uses : a deed made hefore or after a fine or common recovery, to 
 show the object thereof. 
 
 Defalcatio, I. Deduction, abatement. 
 
 Defalta, I., Default. Omission, failure; failure to appear, or plead, 
 in court. 
 
DEFEASANCE — DEGREE 109 
 
 Defeasance. A collateral deed, accompanying or annexed to 
 another, providing that the latter is to be void upon the hap- 
 pening or performance of certain conditions. 
 
 Defectus, I. Defect, imperfection, v. Challenge, Escheat. 
 
 Defendre, //•,, Defendere, I., Defend. To deny ; prohibit. De- 
 fendant, defender : the party denying, against whom an action 
 is brought. Defendemus, I. (we will defend) ; a phrase in 
 ancient grants binding the grantor and his heirs to defend the 
 grantee against the imposition of servitudes or incumbrances 
 other than those mentioned in the grant. Defendendo, I. -. 
 V. 8e defendendo. Defendere se per corpus suum (to de- 
 fend himself by his body) : to wage battel. Defendere se 
 unica mann: to wage his law. Defendit vim et inju- 
 riam, /. : he denies the force and injury. 
 
 Defensa, defensum, I. An enclosure, fenced land ; a deer park. 
 
 Defensio, ;., Defense, /r. Defence; prohibition. 
 
 Defensive allegation. In ecclesiastical courts, the plea of the 
 defendant stating the facts upon which he relies and to which he 
 may have the plaintiff's answer under oath. 
 
 Defensor, /. A defendant ; guardian, protector ; warrantor. 
 
 Deficiente uno sanguine, non potest esse hseres, I. One 
 blood wanting, he cannot be heir. 
 
 Definitive sentence. The final judgment of an ecclesiastical 
 court. 
 
 Deforce, Deforciare, /., Deforcer, fr. To withhold wrongfully, 
 to act m deforcement. Deforciant, deforcians, deforceor: 
 one who deforces. Deforcement : the withholding of lands or 
 tenements from another who has a right to them, including in- 
 trusion, abatement, disseisin, or discontinuance; in a restricted 
 sense, such detainer of the freehold from him that hath the right, 
 but never had any possession, as falls within none of these, the 
 deforciant having originally gained possession rightfully. 
 
 Dega3ter,/r. To waste. 
 
 Degree of relationship. In the canon law, we reckon by the 
 number of steps from the person farthest from the common 
 ancestor to him ; in the civil law, we reckon by the number of 
 steps from one person up to tlie common ancestor and down to 
 the other. Thus, a grand-uncle is related to his grand-nephew 
 in the third degree by the canon law, in the fourth degree by 
 the civil. 
 
110 DEHORS— DEMENS 
 
 Dehors,/r. Out of; beyond ; foreign to. 
 
 Dei gratia, I. By the grace of God. Dei judicium (the judg- 
 ment of God) : trial by ordeal. 
 
 Deins,/r. Within. Deins age : under age. 
 
 Delate, sc. To accuse. 
 
 Del bien estre.yr. De bene esse. 
 
 Del credere, «7a/. Of belief or warranty. An agreement made by 
 a factor or broker for an additional commission, to warrant the 
 solvency of the parties to whom he sells ; a kind of guaranty or 
 suretyship. 
 
 Delectus personas, I. Choice of the person ; a term expressive 
 of the right of a partner to have no person admitted into the 
 partnership against bis will. 
 
 Delegare, I. To delegate ; assign ; appoint ; depute. Delegata 
 potestas non potest delegari : a delegated authority cannot 
 be re-delegated'. Delegatus non potest delegare : an agent 
 (delegate) cannot delegate [his authority]. 
 
 Delegates, Court of. v. Court, 87. 
 
 Delegatio, I., Delegation. 1. The changing of one debtor for 
 another, by which the first is discharged and the second put in 
 his place; a kind of novation; if the first debtor be not dis- 
 charged, it is imperfect delegation. 3. The act of transfer- 
 ring, or the transfer, of authority. 
 
 Deliberandum est diu quod statuenduni est semel, /. That 
 which is to be resolved once for all [enacted] should be long 
 considered. 
 
 Delictum, I. A crime, offence, fault, v. Challenge. Ex delicto : 
 from tort or wrong, as distinguished from breach of contract. 
 
 Deliverance. The verdict of a jury. 
 
 Delivery. 1. The act by which the possession of goods is trans- 
 ferred, as from the seller to the buyer. It may be actual, or 
 symbolic, as by key or bill of lading. 2. The transfer of a deed 
 to the grantee or his agent. If to a third person, to hold until the 
 performance of some condition, the delivery is by way of escrow. 
 
 Dem. Eor demise, on the demise of. 
 
 Demain,/r. 1. To-morrow. , 2. Demesne. 
 
 Demandant. The party suing in a real action, the plaintiff. 
 
 Demens, /. One who has lost his mind ; amens : a person wholly 
 mad. Dementia: such insanity as comes from weakness or 
 loss of mind. 
 
DEMENTENANT — DENARIUS 111 
 
 Dementenant en avant,/r. From this time forward. 
 
 Demesne, fr. 1. Lordship, seigniory. 2. Lands held absolutely, 
 or used directly, by the lord, as distinguished from lands held 
 by a superior lord; bordlands, not lands demised to tenants. 
 3. Own, original. 
 
 Denii,/r. Half. Demi-sangue: half-blood. 
 
 Demise. 1. A conveyance for life, years, or at will. 2. Death. 
 
 Demise and re-demise. Mutual leases of the same land, by which 
 a rent-charge is effected in favor of the person not owner ; the 
 lease to him being for a nomiual rent. 
 
 Demlsi, I. (I have demised.) Words in a lease importing that 
 the lessor had full power and authority. 
 
 Demissio, /. A lease ; a transfer. Demittere : to lease, transfer. 
 
 Demonstratio, /. Description ; designation. 
 
 Demonstrative legacy. The bequest of a certain sum to be paid 
 out of a specific fund. 
 
 Demorage. v. Demurrage. 
 
 Demorari, /., Demorer, demurer, yr. To wait, stay; to demur. 
 
 Dempster. The officer who pronounced the sentence in a Scotch 
 court. 
 
 Demur. To wait, stay. v. Demurrer. 
 
 Demurrage. 1. Detention of a ship by a freighter beyond the 
 time allowed in the charter-party. 2. The allowance for such 
 detention. 
 
 Demurrer. A pleading objecting that the adversary's last pleading 
 is insufficient or bad in law, and asking judgment thereon. A 
 special demurrer states the causes of objection. Demurrer 
 to the evidence: an objection by one of the parties to an 
 action that tlie evidence produced by the other was insufficient m 
 law to maintain his case ; whereby the jury were dismissed and 
 the court called upon to give judgment on the facts as alleged. 
 Nearly obsolete. In equity, a pleading by the defendant pray- 
 ing judgment whether he is bound to answer on the face of the 
 bill; if alleging new matter, it is called a speaking demurrer. 
 
 Demy./r. Half. Demy-sangue: half-blood. 
 
 Den, dene, dena, I. A valley, vale ; a low woody hollow. 
 
 Denarius, /. A penny. Denarius Dei ; Denier k Dieu, fr. 
 (God's penny.) Earnest-money; it was not, however, part of 
 the consideration, like Arrha, but was paid to the poor. 
 
1 12 DENIZEN — DESCENT 
 
 Denizen. An alien bom, made a subject by[^letters patent of the 
 King. He could take land by purchase, not inheritance. 
 
 Denominatio est a digniori, I. Denomuiation is from the more 
 worthy. 
 
 Deodand. Any personal chattel, animate or inanimate, which was 
 the immediate occasion of the death of any reasonable creature ; 
 it was formerly forfeited to the Crown, to be applied to pious 
 uses by the high almoner ; thus, a sword, a horse, a platform 
 from which a man fell, might be deodand. 
 
 Departure. A shiftmg of ground in pleading; as when a man sets 
 up one defence in the plea and a different one in the rejoinder. 
 
 Depone. To make oath in writing, to depose. 
 
 Deposit. A species of bailment for safe keeping without reward. 
 
 Deposition. Evidence taken in writing, under oath, before a ju- 
 dicial officer, in answer to interrogatories. An afSdavit is ex 
 parte, with no adverse interrogatories. 
 
 Depuis,/r. Since. 
 
 Deputy. An agent authorized to do certain acts in the name of 
 another. 
 
 Deraign, deregn ; Derationare, /. ; Desrener, fr. To prove ; 
 to disprove ; to refute ; to refuse. 
 
 Derechief, derchef,/r. Moreover; again. 
 
 Determine. To end, come to an end on the happening of a con- 
 tingency ; to expire is, properly, to end by natural causes, by 
 limitation. 
 
 Derelict. Left ; deserted ; abandoned, v, Abandonment. 
 
 Derivativa potestas nou potest esse major primativa, I. 
 A derived power cannot exceed the original. Derivative : v. 
 
 Dernier ressort,/r. The last resort. 
 
 Des,/r. Erom; of. Desmaintenant: from now. Desormes; 
 from now henceforward. 
 
 Descender, /r. To descend. T.Formedon. 
 
 Descensus toUit intrationem, I. A descent (cast) tolls the entry. 
 
 Descent. Succession to an estate by inheritance, or by act of law, 
 as distinguished from purchase. Descent cast was where the 
 heir of an abator, disseisor, or intruder took the estate by inherit- 
 ance from him ; in which case the rightful owner could no longer 
 jiprfect his estate by mere ew^ry, but was driven to his right of 
 action. 
 
DESCRIPTIO — DICTUM 113 
 
 Descriptio personae, I. Description of tlie person. 
 
 Designatio unius est ezclusio alterius, I. The special mention 
 of one is [implies] the exclusion of the other. 
 
 Desoubs, dessous, desouth,/r. Under ; underneath ; below. 
 
 Desus, dessus,/r. Above. 
 
 Detainer. 1. The keeping of a person against his will, or with- 
 holding property or land from another. 2. A process for the 
 commencement of an action against a person already in custody. 
 
 Determine. To cease ; to end, in the happening of a contingency, 
 as distinguished from ezpire, to end by natural hmitation. 
 
 Detinet, /. He detains, t. Debent, Replevin, Cepit. 
 
 Detinue, I. An old real action for the specific recovery of a per- 
 sonal chattel unlawfully detained. 
 
 Deus solus hseredera facere potest, non homo, /. God alone 
 can make an heir, not man. 
 
 Devant,/r. Before. Devant le roy : before the King. 
 
 Devastavit, Devastaverunt, I. (He or they have wasted.) The 
 waste or misapplication of the assets of a decedent by the ex- 
 ecutor or administrator. On return of devastavit, a judgment 
 debtor may sue out execution de bonis propriis against the ex- 
 ecutor. 
 
 Devenio vester homo, I. (I become your man.) Words used 
 in doing homage. Devenit: comes or falls to. Devenerunt 
 (they fell to) : an old writ which directed the escheator to inquire 
 what lands held in capite fell to the King by the death of the ten- 
 ant, and of the heir while under age. 
 
 Dever, &eyvex,jT. To owe. Deit: he owes. 
 
 Devest. To take away, deprive of 
 
 Devier, devyer,/r. To die. Devi, devie, etc. : dies. 
 
 Devisavit vel non ? /. (Did he devise or not ?) An issue di- 
 rected by a court of equity in a court of law to try the validity 
 of a will. 
 
 Devise. A gift of real property by will. Executory devise : 
 T. Executory. 
 
 Di colonna, ital. The contract between the owner, master, and 
 mariners of a ship when all share the profits of the voyage ; as 
 in whaling or fishing voyages in New England. 
 
 Diet, dit, etc., yv*. Said; a saying. 
 
 Dictum, pi. dicta. A saying or remark. Obiter dictum : a re- 
 
 8 
 
114 DICTUM— DIMIDIUM 
 
 mark thrown out by the way ; an assertion of law not necessary 
 to the decision of the case. 
 Diem clausit extremum, I, 1. An old writ lying for the heir on 
 the death of a tenant in capite directed to the King's escheators, 
 to ascertain of what lands he died seised and reclaim them into 
 the King's hands until such time as the heir should be of age. 
 2. An old writ of Extent issuing from the Exchequer on the 
 death of a Crown debtor, directing the sheriff to seize his chat- 
 tels, debts, and land into the hands of the crown. 
 
 Dies, ;. A day. Dies amoris : a day of indulgence ; v. Bay of 
 Grace. Dies a quo : the day from which ; ad queiu, to which. 
 Dies communes in banco: common days in bank; s.Day. 
 Dies inceptus pro completo habetur : a day begun is taken 
 as completed. Dies datus : a day given [to proceed] ; v. Con- 
 tinuance ; prece partium, on the prayer of the parties. Dies 
 dominicus : the Lord's day. Dies dominicus non est juri- 
 dicus : Sunday is not a court day. Dies gratiae : a day of grace. 
 Dies interpellat pro homine : the day makes demand for the 
 man. When the fulfilment of an obHgation is due on a certain 
 day, the occurrence of the day is of itself deemed sufficient de- 
 mand on the part of the creditor. Dies juridicus : a court day, 
 a day for legal purposes. Dies legitimus (a lawful day) ; a 
 term day. Dies non (for dies non juridicus) : not a court 
 day. Dies utiles : available days ; days on which an act might 
 be done. 
 
 Dieta, I. A day's journey, twenty miles ; a day's work. 
 
 Dieu et mon droit, yr. God and my right. Dieu son acte : the 
 act of God. 
 
 Digesta, /., Digests, abb. Dig. The Pandects of Justinian. 
 
 Dignity, An honour, a title ; a species of incorporeal hereditament. 
 
 Dilapidation. Ecclesiastical waste ; waste committed or permitted 
 on the lands or buildings of a church living. 
 
 Dilationes in lege sunt odiosse, /. Delays in law are odious. 
 
 Dilatory plea. A plea which tends to delay the action, or abate 
 this particular action without impeaching the right or denying the 
 injury, v. Abatement, Jurisdiction, Plea. 
 
 Diligence. In Scotch law, a process of execution for debt. 
 
 Dillonques,/r. Prom thence ; after that time. 
 
 Dimidium, /. Half ; an undivided half. 
 
DIMINUTION — DISENTAILING 115 
 
 Diminution of the record. In proceedings for the reversal of 
 judgment, if tlie whole record be not certified or not truly certi- 
 fied to the superior court, the party suing out the writ of error 
 may allege diminution and have the whole record brought up on 
 eertiorari. 
 
 Dimisi, /. I have demised ; v. Demisi. Dimisi, concessi, et ad 
 firmam tradidi : I have demised, granted, and to farm let. 
 
 Dimittere, I. To send away, release, let go. 
 
 Diocese. The see of a bishop. Diocesan court : v. Court, 80. 
 
 Diriment impediments. Actual bars to marriage, which make 
 it null ab initio, though consummated. 
 
 Disability. Legal incapacity or inability to do an act. 
 
 Disafforest, v. Deafforest. 
 
 Disbar. To expel a barrister from the bar. 
 
 Discharge. Setting free ; acquittance, v. Charge, Plea. 
 
 Disclaimer. A denial, abaudoment ; a waiver of a claim, a refusal 
 to accept an estate or trust. A disclaimer of tenure, made 
 by a tenant in a suit for rent or services, forfeited his estate. In 
 equity pleading, an abandonment of all claim to the subject of the 
 plaintiff's demand. 
 
 Discontinuance. 1. The grant by a tenant in tail of a larger es- 
 tate than he was entitled to, whereby the heir or reversioner was 
 driven to his right of action and could not enter ; a species of 
 ouster. 2. Of plea, when all parts of a pleading are not answered. 
 If the plaintiff failed to take judgment by nil dicit for such part 
 as was unanswered, it was a discontinuance of the action. 3. Of 
 process or action, when" the plaintiff failed to take some necessary 
 step for continuing the action. Actions are frequently ended by 
 voluntarily entering a discontinuance and paying costs. 
 
 Discontinuous servitude. One which is made up of repeated 
 acts of man, such as that of drawing water. 
 
 Discobperta, I., Discovert. Uncovered ; unprotected ; unmarried. 
 
 Discovery. Evidence given by the defendant in equity under oath 
 in answer to the plaintiff's bill. v. Bill, I. 4. 
 
 Discretio est discernere per legem quid sit justum, /. Dis- 
 cretion is to determine what is just by the law. 
 
 Disentailing deed. A deed by which a tenant in tail is enabled in 
 England to alienate his estate absolutely. It must be enroUed 
 within six months after execution. 
 
116 . DISGAVBL— DISTRINGAS 
 
 Disgavel. To free lands from the custom of gavelkind. 
 
 Dishonor. To refuse to accept or pay a bill ornote on presentation. 
 
 Disjunction, I. Separately ; severally. 
 
 Dismes, SAxass,fr. Tithes. 
 
 Disparagement. An unequal alliance; an injury by inequality, 
 unsuitableness. 
 
 Dispone, sc. To grant, convey. 
 
 Disseisin. Wrongfully putting a man out of possession of a free- 
 hold ; a kind of ouster. 
 
 Distincte et aperte, /. Distinctly and openly. 
 
 Distrain. To take another's property in satisfaction of an injury or 
 claim ; or in pledge, to enforce the performance by him of some 
 duty. V. Distress. 
 
 Distress. The act of distraining; usually to enforce the payment 
 of rent in taxes, or to enforce compensation for damage done by 
 the trespassing of cattle. Distress infinite : a distress unlim- 
 ited as to quantity, which may be repeated from time to time 
 until satisfaction is made. 
 
 Distribution. The division of the personal property of an intes- 
 tate among his next of kin. In England, the Statutes of 
 Distributions are the 22 & 23 Car. II. c. 10, and the 29 
 Car. II. c. 3. 
 
 District Courts, v. Cmrt, 106. 
 
 Districtio, /. A distress ; the right of distress ; the thing dis- 
 trained. 
 
 Districtus, I. A distress ; a district. 
 
 Distringas, /. (That you distrain.) 1. A writ directing the 
 sheriff of the county to distrain a defendant's goods, in order to 
 enforce his appearance. 2. A writ to enforce a judgment for the 
 plaintiff in detinue by repeated distresses. 3. An old writ of the 
 K. B. commanding the sheriff to bring in the bodies of those 
 jurors who did not appear, or distrain their lands and goods. 
 4. A process in equity against a body corporate refusing to obey 
 the summons of the court. 5. An order of the Court of Chan- 
 cery in favor of a party claiming to be interested" in Bank of 
 England stock, directing the bank not to transfer or pay divi- 
 dends. Distringas nuper vice comitem (that you distrain 
 the late sheriff) : a writ to distrain the goods of a sheriff now 
 out of office for non-performance of a duty while in office. 
 
DISTURBANCE — DOCKET 117 
 
 Disturbance. Interference with the enjoyment of some incorporeal 
 hereditament. 
 
 Dit, ditz, etc., fr. Said ; a word, decree. 
 
 Dites ouster. Say over ; the form of awarding a respondeas ouster. 
 
 Dittay, sc. The matter or charge of an indictment or criminal in- 
 formation. 
 
 Diversis diebus et vicibus^ I. At different days and times. 
 
 Diversity. A plea by a prisoner in bar of execution, that he is 
 not the same person who was convicted or attainted ; upon which 
 a jury was formally impanelled to try his identity. 
 
 Diverse intuitu, I. With a different purpose; by a different 
 process ; in another view. 
 
 Divest. An estate, vested in a man or his heirs, may become di- 
 vested, or cease to be so vested, by conveyance, forfeiture, deter- 
 mination by the terms of the grant, or the order of the court. 
 
 Divinatio, non interpretatio est, quae omniiio recedit a li- 
 tera, I. That is guessing, not interpretation, which altogether 
 departs from the letter. 
 
 Divine service, v. Tenure. 
 
 Divisa, /. A division ; a boundary. 
 
 Divisim, I. Severally ; separately. 
 
 Divisum imperium, /. A divided empire ; a jurisdiction shared 
 by two tribunals. 
 
 Divorce, Divortium, I. The legal separation of husband and wife, 
 by decree of court. Divorce a vinculo matrimonii, (from 
 the tie of marriage) : absolute divorce, where the wife has no 
 dower and the parties can many again. If for a cause existing 
 prior to marriage, the children are bastards. Divorce a mensa 
 et thoro, (from bed and board) : a legal separation, but the 
 parties may not marry again. There are various kinds of these 
 divorces under modem statutes, frequently called absolute and 
 limited divorce respectively, or total and partial 
 
 Divorce Courts, v. Court, 25, 52. 
 
 Do, /. I give. V. Dedi. Do, lego : I give and bequeath. Do 
 ut des : I give that you may give. Do ut facias : I give that 
 you may do. Words descriptive, in the civil law, of different 
 kinds of contracts ; v. Facio. 
 
 Doarium, dotarium, etc., I. Dower. 
 
 Docket An entry, brief, or abstract in writing ; the book con- 
 
118 DOCKET — DOMINIUM 
 
 taining such entries. Striking a docket: the entry (in Eng- 
 land) of a petitioning creditor's affidavit and bond. 
 
 Doctors' Commons. A place, near St. Paul's churchyard, where 
 the ecclesiastical and admiralty courts used to be held ; courts 
 and offices of the doctors of law who had received a degree from 
 Oxford or Cambridge, and been admitted to practice as advo- 
 cates. They formed a college, of which the Dean of the Arches 
 was President, v. Court, 82, 90. 
 
 Doli capaz, /. Capable of malice ; a term applied to a child be- 
 tween the ages of seven and fourteen, who has sufficient under- 
 standing to be criminally responsible for his actions, contrary to 
 the ordinary presumption. Doll incapax : incapable of malice. 
 V. Malitia. 
 
 Dolus, /. Praud; malice. Dolus malus: evil design. Dolus 
 auctoris non nocet successori, nisi in causa lucrativa. 
 the fraud of the author does not affect the successor, except 
 [when he acquires] by a lucrative title [gratuitously]. Dolus 
 cirouitu non purgatur : fraud is not purged by circuity [tlie 
 taint is not removed by elaborate device, which makes the fraud 
 remote]. Dolus versatur in generalibus: a person acting 
 with fraudulent intent deals in general terms. 
 
 Dom. Proc, I. Por Domus procerum, the House of Lords. 
 
 Dombec, domboc, sax. A code of laws ; the Dome-book, a code 
 of laws and precedents compiled under King Alfred. 
 
 Dome, doom, sax. Judgment, sentence. Domesday-book; 
 an ancient survey or inquisition of all the lands in England, 
 taken under William the Conqueror, and preserved in the Ex- 
 chequer. V. Court, II. 
 
 Domesmen. Inferior judges, as in a manor court, 
 
 Domicil of origin. The place of a man's birth. 
 
 Dominant tenement. That which enjoys a servitude, distmct 
 from the servient tenement, which suffers it. 
 
 Dominicum, /. A demesne ; the demesne lands ; a lordship, 
 seigniory; the estate of a free tenant; a church. 
 
 Dominium, I. Ownership ; property. Dominium directum : 
 legal ownership; the ownership of a superior lord, as distin- 
 guished from that of a vassal ; allodial ownership. Dominium 
 
 - utile : equitable or beneficial ownership. Dominium ple- 
 num; full ownership, the union of dominium directum with 
 
DOMINUS— DORMANT 119 
 
 dominium utile. Dominium eminens: eminent domain. 
 Dominium non potest esse in pendenti : the ownership 
 cannot be in abeyance. 
 
 Dominus, /. Lord ; master ; principal. Dominus litis (the 
 master of a suit) : the party iaterested, the one having control. 
 
 Domitse naturae, I. Of a tame nature ; domesticated. 
 
 Domus, I. A house ; dwelling ; home. Domus sua cuique est 
 tutissimum refugium : a man's house is his safest refuge. 
 
 Domo reparanda, I. v. De. 
 
 Don,//., Donum, pi. dona, I. A gift. Dona clandestina sunt 
 semper suspiciosa : secret gifts are always suspicious. 
 
 Donare, /. To give. Donari videtur quod nullo jure cogente 
 conceditur : that is considered a gift which is granted under 
 compulsion of no law. 
 
 Donatio, I. A gift, grant, donation. Donatio causa mortis 
 (a gift by reason of death) : a gift of personal property made by 
 a person about to die, and which is valid only in the event of his 
 death, coupled with manual or symboUcal delivery to the donee, 
 or some person for him. Donatio inter vivos: a gift be- 
 tween living people. Donatio propter nuptias : a gift in 
 consideration of marriage. Donatio non preesumitur : a gift 
 is not presumed [it is not presumed that a gift was intended]. 
 Donatio perfioitur possessione acoipientis : a gift is per- 
 fected by the possession of the person receiving. Donatio ve- 
 lata : a veiled gift, a gift which pretends to be something else. 
 
 Donative, v. Advowson. 
 
 Donator nunquam desinit pqssidere, antequam donatoilus 
 incipiat possidere, /. The donor never ceases to possess 
 until the donee begins to possess. 
 
 Done, doun,/r. A gift. Done, grant et render ; v. 2^!»e. 
 
 Donee, I. Until ; while. 
 
 Donor. Properly, a grantor of an estate taU. A grantor generally. 
 The party conferring a power. Donee : a grantee ; the party 
 exercising a power, tlie appointor. 
 
 Donque, done, dunques, etc., fr. Then. 
 
 Dont,y>-. TVTiereof, whence, whereby. 
 
 Doresnavant,/;-. From henceforth. 
 
 Dormant partners. Partners who have no power in the firm, in 
 which their names do not appear, but who partake of the profits. 
 
120 DORMIUNT — DROIT 
 
 Dormiunt aliquaudo leges, nunquam moriuntur, I. The laws 
 sometimes sleep, but never die. 
 
 Dos, I., Dot, /r. 1. A dowry; a ■vroman's marriage portion. 
 2. Dower. Dos de dote peti non debet : dower ought not 
 to he claimed of dower. Dos rationabilis: reasonable dower. 
 T. Dower. Doti lex favet; premium pudoris est, ideo 
 parcatur : the law favors dower ; it is the reward of modesty, 
 therefore it should be spared. Dote assignanda, etc. ; t. De. 
 
 Double bond. In Scotch law, a bond with a penalty. Double 
 costs : the ordinary single costs of a suit, and one half that 
 amount in addition. Double damages : twice the actual dam- 
 ages, as assessed by the jury. Double fine : a _fifie sur done 
 grant et render. Double plea: a plea which sets up more than 
 one defence. Double voucher : n voucher over ; v. Recovery. 
 Double Tvaste : where a tenant suffers a house to fall out of 
 repair and then cuts timber on the estate' to repair it. 
 
 Dovrer. The life estate which the widow has in her husband's lands 
 on his death ; usually one third part of any lands of which he was 
 seised in an estate of inheritance at any time during the mar- 
 riage, if the husband's estate in such lauds was such that the 
 common issue might have inherited. Dower ad ostium 
 ecclesiae, /. (at the church door,) was anciently where the hus- 
 band specifically endowed his wife with certain of his own lands ; 
 or of his father's lands. Dower ex assensu patris. If this was 
 not done, she was asssigned her Reasonable do-wer, Dos ra- 
 tionabilis, /., Dower by the common law^, a third part of tlie 
 husband's laud. Dower by custom : varied in amount accord- 
 ing to local usage. Dower de la pluis belle,^r. (of the fairest 
 part) : where the wife was endowed of socage lands held by her as 
 guardian. Writ of dower or Writ of right of dower : an old 
 real action lying for a widow against a tenant who had deprived 
 her of part of her dower. Dower unde nihil habet, /. : a similar 
 writ which lay for a widow to whom no dower had been assigned. 
 
 Dowry. A marriage portion ; property which the wife brings the 
 husband ; dos, dot. 
 
 Drawer, Drawee, v. Bill, III. 4. 
 
 Droit, droict, dreit,/r. Bight, justice; the law; a writ of right. 
 Droit droit : a double right ; the right of possession united 
 with that of property. Droit ne done pluis que soit de- 
 
DROIT — DUO 121 
 
 maandd : the law gives no more than is aslced. Droit ne 
 poet pas morier : right cannot die. Droits of Admiralty : 
 goods found abandoned at sea ; property captured in a time of 
 war by non-commissioned vessels ; the goods of the enemy 
 claimed by the Crown. Droit d'Aubaine : a right or preroga- 
 tive claimed by some European sovereigns of seizing the goods 
 and estate of an alien dying within their dominions. Droit 
 close : an old writ for a tenant in ancient demesne against the 
 lord. Droit patent: a writ of right patent. Droit d'eignesse : 
 V. Esnecy. 
 
 Droitural. Concerning right or title, v. Action. 
 
 Dry Exchange. A term invented to disguise usury. Dry rent : 
 V. rent seek. 
 
 Dubitatur, abb. Dub., /. It is doubted. Dubitante : doubting. 
 Dubii juris, /. Of doubtful law. 
 
 Duces tecum; I. (Bring with you.) A term applied to writs 
 where a party summoned to appear in court is required to bring 
 with him some evidence, or something that the court wishes to 
 view ; V. Subpoena. Duces tecum licet languidus : an old 
 writ ordering the sheriff to bring the prisoner to court despite 
 his illness. 
 
 Duchy Court of Lancaster, v. Court, 69. 
 
 Ducking-stooL v. Common scold. 
 
 Due-bill. A written acknowledgment of debt without a promise to 
 
 pay- 
 
 Dum, /. While. Dum fervet opus (while the work glows) : in 
 the heat of action. Dum fuit in prisona (while he was in 
 prison) : an old writ of entry to recover lands which a man had 
 aliened under duress. Dum fuit infra setatem (while he was 
 under age) ; a similar writ to recover lands aliened when an in- 
 fant. So Dum fuit non compos mentis : a writ to recover 
 lands aliened while he was of unsound mind. Dum recens fuit 
 maleficium: while the offence was fresh. Dum se bene 
 gesserit: wliUe he conduct himself well [during good behavior]. 
 Dum sola : while unmarried. Dum sola et casta vixerit : 
 while she live single and chaste. 
 
 Dummodo, I. Provided that. Dummodo constat de per- 
 sona : so that it be clear as to the person meant. 
 
 Duo non possnnt in solido unam rem possidere, /. Two can- 
 not possess the same thing in entirety. 
 
122 DUODECIMA — ECCLESIASTICAL 
 
 Duodecima manus, I. (Twelfth hand.) The oath of twelve men. 
 
 Duplex querela, I. (Double complaint.) A kind of appeal, in an 
 ecclesiastical court, from the ordinary to his superior. Duplex 
 valor marltagli : double the value of the marriage ; v. Marriage. 
 
 Duplicity. The fault of pleading a double plea. 
 
 Durante, I. During. Durante absentia, beneplacito, itinere, 
 furore, minore aetate, viduitate, vita, etc. : during absence, 
 good pleasure, the journey, insanity, minority, widowhood, life, etc. 
 
 Duress " per minas," I. Constraint by threats. 
 
 Durham, Courts of County Palatine of. v. Court, 70. 
 
 Dusty foot, Court of The Court of Fipowders. v. Court, 36. 
 
 Dying vrithout issue. At common law a person is said to die with- 
 out issue if his issue fail at any time after or before his death. By 
 statute, and in vrills, the words are construed according to their 
 popular meaning, dying without issue at the time of decease. 
 
 E. 
 
 E. g., abb. for Exempli gratia. 
 
 E, ex, /. From ; out of; V. &:. E converse: conversely. E con- 
 tra : on the other hand. E mera gratia : of mere favor. 
 
 Ea intentione, /. With that intent. 
 
 Easement. A right, vfithout a profit, enjoyed by an owner of land 
 over land held by another ; not an estate or interest in the land 
 itself. 
 
 Easter term. In England, begins on the 15th of April and 'ends 
 on the 8th of May. 
 
 East Green'wich. A royal manor in Kent ; mentioned in grants 
 by the King as descriptive of the tenure of free socage. 
 
 Eat inde sine die, /. " Let him go thence without day,'' words 
 used in recording judgment for the plaintiff, v. Days. 
 
 Eau, eavre, ewe, etc.,^. Water. 
 
 Eberemord, sax. Open killing ; abere murder. 
 
 Ecce, I. Behold ; look. 
 
 Ecclesia, /. A church ; a parsonage. Ecclesia ecclesise deci- 
 mas solvere non debet : the church ought not to pay tithes to 
 the church. Ecclesia non moritur : the church does not die. 
 
 Ecclesiastical Corporations, Courts, v. Corporation, Court, 79. 
 
ECCLESIASTICAL — ELEEMOSYNA 123 
 
 Ecclesiastical law: the law administered by the English eccle- 
 siastical courts, now applying chiefly to church matters. It is 
 derived largely from the canon and civil law. 
 
 Editus, ;. Put forth ; brought forth ; promulgated. 
 
 E'e,/?-. Abb. for Estre, to be, or este, been. 
 
 Effractores'A Burglars; housebreakers. 
 
 Effusio sanguinis, /. The shedding of blood ; a mulct therefor. 
 
 Egetter,/?-, To eject. Hjettement: ejectment. 
 
 Egglise, eglise,/r. Church ; a church. 
 
 Ego, talis, I. I, such a one. 
 
 Egrediens et exeuns, I. Going forth and issuing. 
 
 Egressus, /. A going forth ; an issue, exit. 
 
 Ei incumbit probatio qui dicit, non qui aegat, ;. The bur- 
 den of proof lies upon him who affirms, not him who denies. 
 
 Eide,/;-. Aid; relief. 
 
 Eigne, eisne,aisne,etc.,/r. The eldest ; the first bom. Eignesse, 
 Einecia, I. .■ eldership, esnecy. 
 
 Einetia, I. The share of the eldest son. 
 
 Eins,^. In; in possession. Einsceoque: inasmuch as. 
 
 Eire. v. Byre. A journey. Eirant : errant, wandering. 
 
 Bit,/*-. Has. 
 
 Ejectione firmse, custodiae, etc. v. Be ejectione, Ejechient. 
 
 Ejectment. An action employed to try title to land; originating 
 in the old mixed action of ejectment of farm, wherein a tenant 
 dispossessed recovered his term and damages for the trespass. 
 This modem action of ejectment contained many legal fictions, 
 such as a lease by the real to the fictitious plaintiff, with entry, 
 and ouster by a fictitious defendant called tlie casual ejector. 
 
 Ejectment of ward, Ejettement de garde.y?-. v. De ejectione 
 
 Ejectum, I. Things cast up by the sea ; wreck. 
 
 Ejus nulla culpa est cui parere uecesse sit, /. No guilt at- 
 taches to him who has to obey. 
 
 Ejusdem generis, I. Of the same nature. Ejusdem negotii: 
 of the same transaction. 
 
 Electio est creditoris, debitoris, /. The creditor or debtor has 
 the election. Electio semel facta non patitur regressum : 
 an election once made does not admit of recall. 
 
 Eleemosyna, I. Alms. Eleemosynarius : an almoner. 
 
124 ELEEMOSYNARY— EN 
 
 Eleemosynary. Charitable; v. Corporation. 
 
 Elegit, I. (He has chosen.) A writ of execution given- on judg- 
 ments for debt or damages, commanding the sheriif to dehver all 
 the defendant's goods and chattels, except beasts of the plough, 
 to the plaintiff ; and if these were not sufficient, a moiety of the 
 defendant's lands to hold until the debt was satisfied. The 
 plaintiff then had actual possession of the lands as tenant by 
 elegit. The plaintiff had his choice {elegit) of this writ or fieri 
 facias, which ran 'against the defendant's goods only. 
 
 Elisors. Persons appointed to name a jury, in lieu of the sheriff or 
 coroner, when they were objected to. 
 
 Eloign, Elongare, /., Eloigner, fr. To remove; send away. 
 Eloignment of goods : removal out of the county of goods so 
 they could not be distrained. Elongatus : eloigned. Elonga- 
 vit : he hath eloigned. 
 
 Emanare, I. To issue ; award. Emanavit : it issued. 
 
 Embezzlement. The fraudulent appropriation to his own use of 
 money or property intrusted to an agent or servant, not actually 
 or legally in the master's possession ; v. Larceny. 
 
 Emblements. The annual profits of sown land; such crops as are 
 sown anew each year ; the right to gather such crops. 
 
 Embler,/r. To sow; to steal. 
 
 Embracery. The offence of corrupting, or seeking to influence, a 
 jury. V. Decies tantum. 
 
 Emendare, I. To make amends or satisfaction ; to correct. 
 
 Eminent domain. The right of a state to use private property for 
 public purposes. 
 
 Emparler,/r. To imparl. Emparlance ; v. Imparlance. 
 
 Emphyteusis. A species of indefinite lease for improvement; in 
 which the tenant paid rent, and had all but the nominal owner- 
 ship of the land, like a fee-farm. 
 
 Emprompter,y7-. To borrow. 
 
 Emptio et venditio, I. Purchase and sale. Emptor: a pur- 
 chaser. Emptor emit quam minimo potest, venditor ven- 
 dit quam ma^mo potest: the purchaser buys for as little, the 
 seller sells for as much, as he can. 
 
 En,/r. In; into. En apres: hereafter. En ariere : in time past. 
 En autre droit : in another's right. En autre soile : on land 
 of another. En avant: in future. En banke: in the bench. 
 
EN — INGLECERY 125 
 
 Enbarre: in bar. Enbonne foy: in good faith. En ce: in 
 this. Enchemin : on the way. En certein : in certain. En 
 chiefe: in. chief. En coste : on the side, collateral. En court : 
 in court. En demeure : in delay, default. En demeyne : in 
 demesne. En fet, fait : in fact. En gros : in gross. En juge- 
 ment: in court. En le mercie: in mercy. En le per; v. 
 Entry, writ of. En mort meyne : in mortmain. En oultre : 
 furthermore. En owel main: in equal hand. En pais: in 
 the country. En plein vie : in full life. En poigne : in hand. 
 En prender, render ; v. in prender, render. En primes : in 
 the first place. En son damage : in his damage, damage 
 feasant. En son demeyne come de fee: in his demesne 
 as of fee. En suspence : in abeyance. En tesmoignance : 
 in testimony. En ventre sa mere: in its mother's womb. 
 En vie : in life, alive. 
 
 EnabUng Statute. The 32 Hen. VIII. c. 28, which enabled ten- 
 ants in taU, husbands seised in right of their wives, and ecclesi- 
 astical persons or corporations seised in right of their churches, 
 to make leases for twenty-one years, so as to bind their heirs, 
 widows, issue, or successors. 
 
 Enbler,/r. To sow. 
 
 Enceinte, /r. Pregnant. 
 
 Encheson,_/^. Cause; reason; occasion. 
 
 Encroach. To take more than one's right ; v. Accroach. 
 
 Endorser, endosser,^. To indorse; to write on the back. 
 
 Endorsement, v. Indorsement. 
 
 Endowment. The assigning of dower. The setting apart a por- 
 tion of lands for the vicar's maintenance. Any permanent pro- 
 vision for collegiate, religious, or charitable purposes. 
 
 Enfeoff. To give in fee ; to invest with an estate by feoffment. 
 
 Enfranchisement. Making free; granting rights or privileges; 
 incorporating a man into a society or body politic. Of copy- 
 hold : its conversion into freehold. 
 
 Engager, fr. To pledge. 
 
 Engin, enghein, engyn, fr. Deceit ; fraud ; iU design. 
 
 Engetter, /r. To eject; cast out. 
 
 Englecery, Engleshire. The proving a person slain to be an Eng- 
 lishman, or the fact thereof, whereby the heavy fines imposed 
 upon the hundred for the death of a Dane or Norman for mttr- 
 drum, were avoided. 
 
1'26 ENGLETERRE — ENTRY 
 
 Engleterre,/?". England. Engleys: English. 
 
 Engross. To make a fair copy. To buy up all of a certain com- 
 modity -srith intent to sell at a forced price ; formerly a criminal 
 offence. 
 
 Enltia pars, /. The part of the eldest ; the share chosen by the 
 eldest coparcener on partition of land, she having first choice. 
 
 Enlarge. To set at large, release from custody; to extend, to 
 grant further time. 
 
 Enlarger Testate, yj-. To enlarge an estate; as when the next 
 remainder-man releases all his interest to the tenant, v. Release. 
 
 Enormia, /. Wrongful acts. Enormis : immoderate, excessive. 
 
 Enparler,yr. To talk together, to imparl. 
 
 Enquet, enquest,yr. An inquest, inquiry; a jury. 
 
 Enroll. To enter, record, transcribe. 
 
 Ens, I. A being, existence. Ens legis : a being of the law. 
 
 Ensemble,//-. Together. 
 
 Ensement, fr. Also ; in like manner. 
 
 Ensy, ensi, fr. Thus ; so ; in like manner. 
 
 Entail. To create an estate tail. Entailed: settled in tail or 
 strict settlement. The word as commonly used means the latter. 
 
 Entencion, Entente,/-. A plaintiff's count, declaration. 
 
 Entendement, entente, />•. Understanding. 
 
 Enter, entre,y5'. In; within; among. Entre mains: at hand, in 
 his hands. 
 
 Enterlesse,/*-. Left out ; omitted. 
 
 Entry. 1. A record in writing, in a book or account. 2. The 
 taking possession of lands by going into them. Right of en- 
 try : a right to actually enter and take possession, thereby re- 
 gaining or perfecting an estate, without suit at law. Writ of 
 entry: an old real action to regain the possession of land. 
 Writs of entry were in the quo or quibus when brought 
 against the wrong-doer himself ; in the per, when against his 
 alienee or heir ; in the per and cui, when there had been two 
 alienations or descents ; in the post, if more than two. There 
 were also writs of entry sur disseisin, alienation, intrusion, 
 etc., according to the circumstances of the case. For writs of 
 entry ad communem legem, ad terminum qui prseteriit, 
 cui ante divortium, cui in vita, dum fuit in prisona, 
 dum fuit infra setatem, dum fuit non compos mentis, 
 
ENUMERATIO— EQUITY 127 
 
 casu cousimili, casu proviso, quare ejecit, see respective 
 titles. 
 
 Enumeratio unius est ezclusio alterius, I. The enumeration 
 of the one is [amounts to] the exclusion of the other. 
 
 Bnvers,/r. Against. 
 
 Eo instante, I. At that instant. Eo intuitu : with that view or 
 intent. Eo ipso: by the thing itself. Eo nomine: under 
 that name. 
 
 Eod'. Eor eodem, /. The same. Eodem modo quo quid 
 constituitur, dissolvitur ; a thing is [may be] destroyed in the 
 same way in which it is created. Eodem ligamine quo liga- 
 tum est, dissolvitur : a deed is released by the same formal- 
 ities with which it is contracted. 
 
 Eques, I. A knight. 
 
 Equitable assets. The assets which a creditor can only reach 
 through a court of equity. Equitable estate : one existing or 
 cognizable originally only at equity, as a trust or interest of a 
 mortgagor. Equitable mortgage : a pledge or hen arising by 
 rules of equity, as when a loan is made on deposit of title deeds. 
 Equitable plea or defence : a defence to a legal action in cases 
 where an injunction would be granted in equity, resting on equi- 
 table grounds or doctrines. Equitable vraste : extreme or 
 excessive waste, or injury to the inheritance, forbidden even to a 
 tenant without impeachment of waste ; wilful destruction ; which 
 could only be remedied by courts of equity, v. Waste. 
 
 Equity. That system of jurisprudence administered first by the 
 English Court of Chancery ; a jurisdiction originally resident in 
 the Crown and exercised by the Chancellor. Courts of Equity: 
 V. Court, 15, 109. Equity of a statute : the sound interpreta- 
 tion of a statute, taking into consideration its reason and spirit. 
 Equity of redemption : 1. The estate of a mortgagor in 
 mortgaged land. 2. The mortgagor's right of redeeming after 
 breach of conditions or foreclosure. Equity side of the Ex- 
 chequer : V. Court, 11. Equity to a settlement or Wife's 
 equity : the right which a wife has in equity to have a por- 
 tion of her equitable estate (usually one half) settled upon 
 herself and children. It may now be claimed by her ; but was 
 originally granted only when the husband sued in equity for the 
 purpose of reducing her property into possession. 
 
128 EKER — ESCHBATOR 
 
 Erer, arer,/r. To plough. 
 
 Ergo, I. Therefore. Ergo hio : therefore here. 
 
 Erigimus, ;. We erect ; words used in granting a charter. 
 
 Errant,//. Wandering about; itinerant. -^.Byre. 
 
 Erraticum, I. A waif; an estray. 
 
 Erronice, /. Erroneously ; through mistake. 
 
 Error. An original writ which hes after judgment in an inferior 
 court of record to review the judgment and inquire into errors 
 of fact, or errors of law apparent on the record. In England, 
 an erroneous judgment as to fact in the K. B. may be reversed 
 in the same court by a writ of error coram nobis. A similar 
 writ in the C..B. is called coram vobis. v. Coram nobis. 
 
 Error juris nocet, I. An error of law injures [i. e. the party com- 
 mitting it must suffer the coAsequencesj. Error nominis nun- 
 quam nocet, si de identitate rei constat : an error in the 
 name does no harm, if it be clear as to the identity of the thing 
 itself. Error qui non resistitur, approbatur : an error which 
 is not objected to is approved. Error scribentis nocere non 
 debet : a mistake of the scribe should work no injury. Errors 
 lapsus : an error through mistake ; a false step. 
 
 Error, Court of. v. Court, 108. 
 
 Escaeta, /. An escheat. Escaetor : the escheator. v. De. 
 
 Escambio, I. A license in the form of a writ to a merchant to draw 
 foreign bills of exchange. Escambium : exchange. 
 
 Escape. An escape from lawful arrest or imprisonment, whether 
 violent or by collusion, negligent or voluntary. 
 
 Escape warrant. A warrant addressed to all the sheriifs of Eng- 
 land, authorizing the arrest of a person who has escaped from 
 imprisonment on execution or mesne process. 
 
 Escheat. 1. The falling back of lai(d into the hands of the lord on 
 failure of the blood of the tenant ; which may be propter defec- 
 tum sanguinis (for failure of blood, as if the tenant died 
 without heirs) or propter delictum tenentis (for fault of 
 the tenant) if he be attainted. 2. The lands so escheating. 
 3. Things falling, falling to the ground. Escheat was a conse- 
 quence of tenure, and happened on account of the failure of the 
 tenant to perform services to his lord, who might or might not 
 be the King, thus differing from Forfeiture. 
 Escheator. An officer in every county whose duty was to inquire 
 by sheriff's jury into escheats falling to the Crown. 
 
ESCHIER — ESTATE 129 
 
 Eschier, eschoir,/r. To fall ; to happen ; to escheat. 
 
 Bscoce, Esco9se,/r. Scotland. 
 
 Esorier,//-. To proclaim. Felons esoriea : notorious felons. 
 
 Escript, escrit, fr. A writing ; a written instrument. 
 
 Escrow. A scroll ; a deed ; v. Delivery. A deed delivered to a 
 third person, who is to hand it to the grantee when he perfornjs 
 some actj or some condition is fulfilled. 
 
 Escuage. (Service of the shield.) A kind of knight's service 
 whereby the tenant was bound to follow his lord into wars at his 
 own charge. Later a certain money commutation was paid in- 
 stead, called escuage certain, v. Scutage. 
 
 Bskipper, fr., Eskippare, /. To ship. Eskippamentuin, I. -. 
 tackle of ships. 
 
 EsUer,/r. To choose. "E&W&oxi : ^i . Misors. 
 
 Esloigner,/r. To remove; eloign; adjourn. 
 
 Esnecy. The privilege of the eldest, v. Enitia pars. 
 
 Esplees. The full profits of land, including all crops, rents, issues, 
 and services. 
 
 Essartum, L, Essart Woodland turned into tillage. 
 
 Esse. To be ; being. In esse : in being. Essendum : being. 
 
 Essendi quietum de theolonio. v. De essendo. 
 
 Essentialia negotii, /. The essential parts of a ti-ansaotion. 
 
 Essoign, essoin. An excuse for not appearing in court in answer 
 to process. To cast an essoin : to essoin, to allege an excuse. 
 Essoin day : the first day of the term, on which the court sat 
 to receive essoins. There were several essoigns ; as the essoign 
 de servitio regis, /., de service del xoy,fr., that the party 
 was absent on the King's service ; de terra sancta, de terre 
 seynte, absent in Palestine ; de ultra mare, de outre mer, 
 absent beyond sea ; de infirmitate or de malo lecti, de mal 
 de lit, ill in bed ; de malo veniendi, de mal de venue, that 
 he had met with an accident in coming. 
 
 Est, l.,fr. It is; there is. Est k sgavoir : it is to be understood, to 
 wit. Est boni judicis ampliare jurisdictionem : it is [the 
 duty] of agood judge to enlarge [construe liberally] his jurisdiction. 
 
 Estate. 1. An interest in land. 2. Property in general. 3. Status, 
 
 or condition of life. Estate in common, coparcenary ; by 
 
 curtesy, dower, elegit ; executory, equitable, legal ; in fee ; 
 
 of joint tenancy ; on condition ; see those titles. Estate for 
 
 9 
 
130 ESTATE— ESTRAY 
 
 life : a freehold interest, not of inheritance, which a man has for 
 his own Hfe, or for the life of another or others. If the latter, 
 it is an estate pur auter vie. Estate in possession : where 
 there is a right of present entry and enjoyment. Estate in 
 remainder, reversion, severalty : see those titles. Estates 
 of the realm: in England, the lords spiritual, the lords tem- 
 poral, and the commons. Estate by statute merchant, stat- 
 ute staple, estate tail, tail special, etc. ; see those titles. 
 Estate for years : an interest, less than a freehold, for a fixed 
 or determinable time. Estate at ■will: an interest less than 
 freehold, which may be ended at the will of the lessor. Estate 
 at sufferance : where a tenant is allowed to hold over after 
 his term. Estate from year to year: a lease for a year, 
 which, unless terminated by the lessor or lessee, will arise anew 
 by implication, at the end of the year, for another year. Estate 
 in vadio : in gage or pledge. 
 
 Ester in jugement,/r. To appear in' court as a party. 
 
 Eate./r. 1. Summer. 3. Been, from Ester, etre, to be. 
 
 Esto, /. Be it. Esto perpetua : be it eternal. 
 
 Estop. To stop; bar; prevent; impede; preclude. 
 
 Estoppel. An impediment, by which a man is precluded in law 
 from alleging or denying a fact, in consequence of his own pre- 
 vious action, inaction, allegation, or denial. An estoppel by 
 deed is where it arises from a recital or statement contained in 
 a previous deed of the party estopped ; in pais (in the country), 
 when it arises from an open act, or a verbal representation 
 or declaration upon which another has acted. Estoppel by 
 record is where it arises from an admission of the party made 
 in the record of a court, in pleading or otherwise ; or from a 
 judgment against the party or some one to whom he is privy m 
 blood, law, or estate ; v. lies judicata. Collateral estoppel : 
 the collateral determination of a question by a court having gen- 
 eral jurisdiction of the subject; v. Flea. 
 
 Estoverium, L, Estovers. 1. An allowance made to a person 
 out of an estate, whether of money or other things ; a dote, q. v. 
 3. An allowance made to a man arrested tor felony for the sup- 
 port of his family. 3. The alimony allowed a wife divorced a 
 mensa et thoro. Estoveriis habendis ; v. De. 
 
 Estray. A wandering domestic animal. 
 
ESTE.E — EWE 131 
 
 Estre,/r. To be. Del bien estre : v. De bene esse. 
 
 Estreat. A copy or extract from a record. A forfeited recogni- 
 zance estreated [extracted] from the records to be prosecuted. 
 
 Zistrepe. To strip; lay bare; waste. Estrepamentum, I., Bs- 
 trepement : an aggravated waste, to the injury of the rever- 
 sioner; especially when committed during a suit to recover 
 possession. The writ of estrepement was formerly auxiliary 
 to a real action, and sought, to prevent strip during the pendency 
 thereof; now superseded by an injunction in chancery. 
 
 Et, /. And. Et al., et alii : and others. Et alii e contra (and 
 others on the other side) : words used to describe a joinder of 
 issue. Et adjoumatur: and it is adjourned. Et ad hue 
 detinet : and he still detains. Et allocatur : and it is allowed. 
 Et curia consentiente : and the court agreeing. Et de hoc 
 poult se super patriam: and of this he puts himself upon 
 the country. Et ei legitur in haec verba : and it is read to 
 him in these words [when a prayer for oyer is allowed]. Et ha 
 beas ibi tunc hoc breve : and have you then there this writ. 
 Et habuit: and he had [obtained] it. Et hoc paratus est 
 verificare : and this he is ready to verify. Et hoc petit quod 
 inquiratur per patriam : and this he prays may be inquired 
 of by the country. Et inde petit judicium : and thereof he 
 •prays judgment. Et inde producit sectam : and thereupon 
 he brings suit. Et modo ad hunc diem: and now at this 
 day. Et non : and not, absque hoc. Et non allocatur : and 
 it is not allowed. Et petit auzilium : and he prays aid. Et 
 praedictus A. similiter : and the said A. likewise. Et sic : 
 and so. Et semble: and it seems. Et sic ad judicium: 
 and so to judgment. Et sic ad patriam: and so to the coun- 
 try. Et sic fecit : and he did so. Et sic pendet : and so the 
 matter rests. 
 
 Et, fr. And. Et de ceo se mettent en le pays : and of this 
 they put themselves on the country. Et issint : and so. 
 
 Eundo, morando, et redeundo. In going, staying, and returning. 
 
 Evasio, /. An escape. 
 
 Evesque,/?-. A bishop. Evesche : his diocese. 
 
 Eviction. Dispossession by process of law; recovery of lands; 
 ouster ; a notice to quit. 
 
 Ewe,/r. Water. 
 
132 EX— EX IMPROVISO 
 
 Ex,;. From; of; out of; by or with; aooording to. Ex abun- 
 dant! cautela: from excessive caution. Ex abuso non ar- 
 guitur ad usum : from the abuse of a thing you cannot argue 
 as to its use. Ex adverse : on the other side. Ex eequitate : 
 in equity. Ex aequo et bono : according to what is just and 
 good. Ex assensu patris: from the father's consent; v. Dower. 
 Ex antecedentibus et consequentibus fit optima inter- 
 pretatio: the best interpretation is made by means of what 
 precedes and follows. Ex arbitrio judicis: from the dis- 
 cretion of the judge. Ex auditu: from hearsay. Ex bonis: 
 of the goods. Ex bonis maternis, patemis : from the goods 
 inherited through the mother, the father. Ex capite doli or 
 fraudis : on the ground of fraud. Ex causa : from cause, by 
 title. Ex causa lucrativa : by a lucrative title [gratuitously]. 
 Ex certa scientia : of certain knowledge. Ex comitate : by 
 comity, courtesy. Ex commodate : from a loan. Ex com- 
 paratione scriptorum : by comparison of handwritings. Ex 
 concessione: by grant. Ex concessis: from the granted 
 [premises]. Ex consuitu: from consultation. Ex conti- 
 nenti: immediately. Ex contractu: from contract. Ex 
 culpa levissima: from the slightest fault. Ex debito jus- 
 titiae (from a debt of justice) : as a matter of right. Ex de- 
 bito natural!: from natural obligations. Ex defectu juris: 
 for a defect in right. Ex defectu sanguinis: for a failure 
 of blood. Ex delicto : from fault or crime. Ex dem., de- 
 missione: on the demise. Ex dicto maj oris partis : accord- 
 ing to the voice of the majority. Ex directo: immediately. 
 Ex diurnitate tempoiis, omnia prsesumuntur solemniter 
 esse acta : on account of the lapse of time, all things are pre- 
 sumed to have been done in due form. Ex dolo malo, non ori- 
 tur actio: out of fraud, no action arises. Ex empto: from 
 purchase. Ex eo quod plerumque fit : from that which fre- 
 quently happens. Ex facie : on the face. Ex facto : from an 
 act, actual. Ex facto jus oritur : the law (arises) depends on 
 the fact. Ex fictione juris : by a fiction of law. Ex gratia: 
 by favor. Ex gravi querela (on grievous complaint) : an old 
 writ that lay for one to whom lands were devised by special 
 custom by will, and the heir retained them. Ex hypothesi : 
 according to the hypothesis. Ex improvise : without prepa- 
 
EX INCONTINENTI — EX VI 133 
 
 ration. Ex incontinenti : summarily. Ex industria: with 
 design, on purpose. Ex insinuatione : on the information [of]. 
 Ex integro : anew, afresh. Ex intervallo : after an iaterval. 
 Ex jure naturae : by the law of nature. Ex justa causa : by 
 a just cause. Ex latere : on the side, collateral. Ex lege, 
 legibus : according to law. Ex liceutia regis : by the King's 
 license. Ex looato : from a letting, a hiring. Ex maleficio, 
 non oritur contractus: from misconduct, no contract can 
 arise. Ex mero motu : of mere motion. Ex mora debi- 
 toris : on account of the debtor's delay. Ex more : according 
 to custom. Ex natura rei : from the nature of the thing. Ex 
 necessitate: by necessity; legis, of law. Ex nudo pacto 
 non oritur actio : from a bare agreement [parol and without 
 consideration] no action arises. Ex oflScio : by virtue of office. 
 Ex pacto iUicito non oritur actio: from an Ulegal agree- 
 ment no action arises. Ex parte : 1. from, of, or by one side, 
 one party ; hence, partial, done for or by one party. 2. On the 
 application of. Ex parte materna, paterna : on the mother's, 
 father's side. Ex paucis: from few (things or words). Ex 
 post facto : by matter happening afterwards, from a later act 
 or event. Ex post facto la'w : an act or statute changing the 
 law as to previous events or contracts. Ex praecogitata ma- 
 litia : of malice aforethought. Ex prsemisses : from the prem- 
 ises. Ex proprio motu: of his own accord. Ex proprio 
 vigore : of 'their own force. Ex provisione viri : lands set- 
 tled on the wife in tail by provision of the husband ; or on both 
 husband and wife, by his ancestor. Ex quasi contractu : aris- 
 ing as if from a contract. Ex rel, relatione : on the relation, 
 or iaformation. Ex rigore juris : according to the rigor of law. 
 Ex scriptis olim visis : from writings formerly seen. Ex spe- 
 ciali gratia : of special favor. Ex tempore : by lapse of time ; 
 without preparation. Ex testamento : by a will. Ex trans- 
 verso: across. Ex turpi causa non oritur actio: on a bad 
 [illegal] consideration no action can arise. Ex una parte : from 
 one side. Ex utraque parte: on both sides. Ex vi aut 
 metu : by force or fear. Ex visitatione Dei : by the visita- 
 tion of God. Ex visu scriptionis : from sight of the writing 
 [from having seen the person write]. Ex vi termini : by the 
 force of the term. 
 
134 EXACTION — EXECUTED 
 
 Exaction. The collection of a fee by an officer, where none is due. 
 
 Ezcambium, I. Exchange ; exchange of lands. 
 
 Xizceptio, /. An exception ; a plea ; a defence ; an objection ; a 
 contradictory allegation. Bxceptio ad breve prosternen- 
 dum: a plea in abatement. Bxoeptio doli mali: a plea of 
 fraud. Bxoeptio ejus rei cujus petitur dissolutio ntilla 
 est : a plea of the same matter the dissolution of which is sought 
 [in the action] is of no effect. Exceptio firmat regulum in 
 casibus non ezceptis : the exception strengthens the rule in 
 cases not excepted. Bxceptio rei adjudicatse : a plea that 
 the matter has been previously adjudged. Exceptio semper 
 ultima ponendo est : an exception should always be placed last. 
 
 Exceptions, Bill of. y. Bill, I. 5. 
 
 Exchange. An original common-law conveyance for the reciprocal 
 transfer of landed interests of the same degree. So, when the 
 warrantor was to give the warrantee lands of equal value with 
 those of which he has been dispossessed. 
 
 Exchequer. In England, the revenue department; also, the 
 Court of Exchequer: v. Court, 11, 95. 
 
 Exchequer Chamber, v. Court, 12. Exchequer Division: 
 V. Court, 24. 
 
 Excommengement, fr. Excommunication. 
 
 Excusable homicide. That which involves so little fault that the 
 law excuses it from the guilt of felony. It includes homicide 
 per infortunium, by accident in doing a lawful act, and se 
 defendendo, in self-defence. 
 
 Excusat aut extenuat delictum in capitaUbus quod non 
 operatur idem in civilibus, /. That excuses or extenuates 
 a fault in capital cases which would not so operate in civil. 
 
 Executed. Done; finished; effected; fuUy performed; accom- 
 plished ; now existent ; now in force ; past ; the reverse of execu- 
 tory. Executed consideration, contract : v. Consideration,, 
 Contract. Executed estate : an estate in possession, by which 
 a present interest passes, as distinguished from an executory- 
 estate, one depending on some future contingency. An ex- 
 ecuted trust is one fully created and exactly defined ; an exec- 
 utory trust is where some further instrument remains to be- 
 executed, the author of the trust having given only his general 
 intent. Executed use : one created and " executed " by the 
 
EXECUTIO — EXIGENT 135 
 
 Statute at tlie time of the conveyance. Executory use: a 
 springing use, one to arise at some future time, not dependent 
 on a preceding estate in the land. Executory devise: a 
 devise of a future estate in land which would not be valid by the 
 rules of the common law. 
 
 Executio bonorum, /. Administration of goods. Executio est 
 finis et fructus legis : execution is the end and fruit of the law. 
 Executio juris non habet injuriam : the execution of the law 
 does not work, a wrong. 
 
 Execution. 1. The carrying into effect a judgment or decree. 
 2. A judicial writ issued for that purpose. 3. The completion 
 of an instrument in such a way as to make it legally vaUd. 
 
 Executor. The person named in a will to take charge of the tes- 
 tator's property and carry the will into effect. Executor de 
 son tott,fr. : one who interferes and acts as executor of his 
 own wrong, without lawful authority. 
 
 Executory. Unfinished ; to be completed ; future ; v. Hxecuted. 
 
 Exemplary, v. Damages. 
 
 Exemplification. A certified copy, under seal, of a record. 
 
 Exemplum, I. An example ; a copy. Exempli gratia : for pur. 
 pose of example, for instance. Exempla illustrant non re- 
 Btringunt legem : examples illustrate, but do not restrict, the 
 law. 
 
 Exequatur, /. An order for the home department of a government 
 to recognize a consul or commercial agent of a foreign nation. 
 
 Exercitor maris, /. The employer of a ship ; ship's husband. 
 
 Exfrediare, I. To break the peace. 
 
 Exhaeredatio, /. Disherison ; an injury or loss of inheritance. 
 
 Exhibitio billae, I. (The exhibition of the bill.) The commence- 
 ment of the suit. 
 
 Exigent or Exigi facias, /. A judicial writ in process of outlawry, 
 when the defendant could not be found ; issuing on the return 
 non est inventus to a ca. sa., directing the sheriff to demand the 
 defendant at five successive county courts. If there were not 
 five courts between the teste and return, an allocatur exigent 
 was issued to extend the time so as to make up that number. 
 AUocato comitatu : a new writ of exigent allowed before any 
 county court had been holden, the previous writ having failed. 
 On the defendant's failure to appear, he was outlawed ; and a 
 capias utlagatum might issue. 
 
136 EXIRB — EXTRA 
 
 Exire, /. To go out ; to issue. Exitus : issue, offspring. 
 
 Exlex, I. An outlaw. Exlegare : to outlaw. 
 
 Ezonerare, /. To discharge, disburden. Bxoneretur : let him 
 be discharged. 
 
 Expedit reipublicae, I. It is for the public advantage. Ne sua re 
 quia male utatur : that no one should make ill use of his prop- 
 erty. Ut sit finis litium : that there should be an end of suits. 
 
 Expeditio brevis, I. The service of a vrrit. 
 
 Expensse litis, /. Costs of suit. 
 
 Expire, v. Determine. 
 
 Explees. v. Espleea. 
 
 Expressio falsi, /. A false statement. Expressio eorum qui 
 tacite insunt nihil operatur: the express mention of those 
 things which are implied avails nothing. Expressio unius est 
 exolusio alterius: the express mention of one thing is the 
 exclusion of anbther. 
 
 Expressum facit cessare taciturn, I. A thing expressed puts an 
 end to the thing implied. 
 
 Extend. To appraise the yearly value of lands of a debtor forfeited 
 upon statute or recognizance, so that it may be known how long 
 the creditor is to retain possession to extinguish the debt. 
 
 Extendi facias, /. (That you cause to be extended.) A writ of 
 Extent. 
 
 Extent. A writ of execution upon a debt due the Crown, or due a 
 creditor upon recognizance, statute merchant or staple, directing 
 the sheriff to appraise the debtor's lands and goods ; they were 
 then delivered to the creditor upon his suing out a liberate. Ex- 
 tent in chief was at suit of the Crown ; extent in aid, of a 
 Crown debtor against his private debtor. There was also a 
 special writ called Diem clausit extremum. 
 
 Extortion, v. Larceny. 
 
 Extra, I. Without ; out of ; beyond ; except. Extra feodum : 
 out of his fee. Extra judicium: out of court. Extra jus: 
 beyond the law. Extra praesentiam .mariti : out of the hus- 
 band's presence. Extra legem: out of the law, the law's protec- 
 tion. Extra quatuor maria : beyond the four seas. Extra 
 regnum: out of the kingdom. Extra territorium jus dicenti 
 impune non paretur : you cannot safely obey one exercising 
 jurisdiction out of bis own territory. Extra viam : out of the 
 road. 
 
EXTEACTA — FACTUM 137 
 
 Eztracta, I. v. Estreat. 
 
 E^radition. Delivery of a fugitive by one state to another. 
 
 Eztrahura, I. An estray. 
 
 Eztraneus, I. A foreigner ; a Stranger. 
 
 Extremis probatis media praesumuntur, I. The extremes 
 proved, the things between are presumed. In extremis : at the 
 last extremity. 
 
 Extrinsic. Outside, from outside sources. 
 
 Extum, I. Thence ; from then. 
 
 Ey. Water ; a watery place. 
 
 Eyder,/r. To aid, help. Eyde:aid. Eyes eid : have relief. 
 
 Eygne,/r. Eldest. 
 
 Eyott. A little island. 
 
 Eyre. A way, journey ; the journey of a justice about his circuit; 
 V. Assize. The Justices in eyre were estabhshed in 1176 with 
 a delegated power from the aula regia, and made their circuit 
 around the kingdom once in seven years for the purpose of try- 
 ing various causes ; they were superseded by the justices of 
 Assize and Nisi prius. 
 
 Ez arts,/r. At arts, of arts. 
 
 F. 
 
 Fabric lands. Lands given for the maintenance of churches. 
 Fabricare, /., Fabricate. To forge; coin; create. falsely. 
 Facere, /. To do, make, act, cause. Facias : you cause. Faci- 
 
 endo : doing, paying. Facio ut des : I do that you may give ; 
 
 facio ut facias, I do that you may do ; v. Do. Facit : he does, 
 
 he acts. 
 Factor. An agent employed to buy and sell goods on commission 
 
 in his own name, intrusted with their possession and control. 
 Factum, pi. facta, I. A thing done ; a deed ; a fact. De facto : 
 
 in fact. 
 Factorizing process. Attaching the goods of a debtor in the 
 
 hands of a third party, v. Attachment, 3. 
 Factum a judice quod ad ofScium ejus non pertinet ratum 
 
 non est, /. An act done by a judge which' does not belong to 
 
 his office is held nuU. 
 
138 FACULTIES — FEALTY 
 
 Faculties, Court of. v. Court, 86. 
 
 Fsestingmen. Vassals ; persons of wealth ; frank-pledges. 
 
 Failing of record. Failure of a party pleading a record to pro- 
 dace it when required. 
 
 Faint action, Feigned action, t. Action. Faint pleading: 
 false or collusory pleading, to the injury of a third person. 
 
 Faire, fere, fr. To make ; to do. Faisant, feasant : doing. 
 Fait: a thing done; a deed, act, fact. Fair k sgavoir: to 
 make to know. 
 
 Faitours,/r. Evil-doers ; idle vagabonds. 
 
 Falcare, /. To mow, cut. Falcatura : a day's mowing. 
 
 Faldage. Foldage ; the privilege of getting up a movable sheep- 
 fold, to manure the laud. 
 
 Falsa demonstratio non nocet, cum de corpore constat, I. 
 False description does no harm, when it is clear as to the [thing 
 or] person. Falsa grammatica non vitiat chartam: bad 
 grammar does not vitiate a deed. 
 
 False imprisonment. Any unlawful restraint of the person. 
 False judgment: an EngUsh writ issuing from one of the supe- 
 rior courts to correct error in a court not of record ; v. Court, 39. 
 False pretences : v. Larceny. 
 
 Falsify. In equity practice, to disprove an item in an account. 
 
 Falso retorno brevium. A writ which lay against a sheriff for a 
 false return of writs. 
 
 Falsus in uno, falsus in omnibus, I. False in one, false in all. 
 
 Fama, /. Character ; fame ; reputation. 
 
 Famosi libelli, /. Libellous books ; libels. 
 
 Farm. 1. The rent of land leased ; anciently, provisions ; white 
 farm : if money. 2. A term of years in lands. 
 
 Fas, I. Right, justice ; the divine law. 
 
 Fatetur facinus qui judicium fugit, /. He who flies from judg- 
 ment confesses his guilt. 
 
 Fauces terrse, /. Headlands enclosing an arm of the sea. 
 
 Fautor, I. A favorer ; supporter ; abettor. 
 
 Faux, fausse,/A False; counterfeit. Fauxer, faucher : to forge. 
 
 Favorabiliores rei potius, quam actores, habentur, I. The 
 defendants are held to be favored rather than the plaintiffs. 
 
 Peal,/n Faithful; Pealte : fealty. 
 
 Fealty. The faith which every tenant owes his lord ; his obligation 
 
FEASANCE — FEOH 139 
 
 to perform due obedience and service. The oath of fealty was 
 a ceremony performed on the admission of every tenant, except 
 those in frankalmoign. 
 
 Feasance, /a A doing, a making. Feasor : a doer. Feasant: 
 doing. 
 
 Fee. 1. A freehold estate held of, and granted by, a superior lord, on 
 the condition of performing some service in return for it. It was 
 originally granted as a reward. 3. An estate of inheritance in 
 land ; an estate granted to a man and his heirs. 3. A Tee simple. 
 Fee-farm : land held in fee at a rent, but without other services 
 (except they be specified in the deed of feoffment). Fee-farm 
 rent : that reserved on granting lands in fee-farms, one fourtli 
 or one third their value. Fee simple : an unlimited estate in 
 land, descendible to a man's heirs generally. Fee simple condi- 
 tional : the old estate which arose when land was granted to a 
 man and a limited class of heirs before the statute de Bonis, 
 which turned them all into estates tail. Fee tail : a restricted 
 fee, descendible to certain classes of heirs only ; one which can 
 only pass to the heirs of his body, the direct descendants ; v. Tail. 
 
 Feigned issue. An issue produced in a pretended action for the 
 purpose of trying a single question of fact. Such au issue was 
 formerly frequently directed out of the Court of Chancery, and 
 rested on a fictitious wager. Feigned action : v. Action. 
 
 Felagus, I., Felawe. A companion or friend, bouud iu the decen- 
 nary for the good behavior of the others, v. Tithing. 
 
 Pelo, /. A felon. Felo de se : a self-murderer. 
 
 Felony. 1. An offence for which the criminal forfeited his fee. 2- 
 A serious offence ; one punishable with death or the state prison. 
 
 Feme, femme, fr. A woman. Feme covert : a woman (pro- 
 tected) married. Feme sole : a spinster. 
 
 Feod, Feodum, /. A fee. v. Feudnm, Fee. Feodi firma : fee- 
 farm. 
 
 Feoffare, I. To enfeoff. Feoffamentum : a feoffment. Feoffa- 
 tus : a feoffee. Feoffator : a feoffor. Feoifavit : he enfeoffed. 
 
 Feoffee to uses. He in whom the legal estate was vested, the 
 beneficial owner being the cestui que use. 
 
 Feoffment. 1. The conveyance of a fee by livery of seisin. 2. The 
 deed or charter in which such conveyance was perpetuated. 
 
 Feoh, sax. A stipend ; wages, reward ; a fee. 
 
140 FEORME — FEUDUM 
 
 Feorme, ferme, sax. Provisions, rent ; a manor ; a farm ; a lease 
 on rent, v. Farm. 
 
 Ferae naturae, I. (Of a wild nature.) A term applied to animals 
 not -usually tamed, as distinguished from those domitae natu- 
 rae, domestic. 
 
 Ferdfare, sax. A summoning to military service ; ferdwite, an 
 acquittance therefrom, by fine; ferdsoone: exemption therefrom. 
 
 Feria, ;. A vreek day ; a holiday ; a fair. 
 
 Ferme,//. v. Feorme^ Farm. 
 
 Fesaunt,/r. Doing. Fesour : a doer ; v. J'fl'?.S(y«;, etc. 
 
 Festiuatio justitise est noveroa iufortunii, /. Hurrying jus- 
 tice is stepmother to misfortune. 
 
 Festingman. A surety; frank -pledge, v. Faesthu/men. Festing- 
 peiiny : earnest given to servants when hired. 
 
 Festinum remedium, I. A speedy remedy. 
 
 Fet, fr. Done, made ; v. Fait. Fet assavoir : a thing to be 
 kuown ; v. Fleta. 
 
 Feu, fr. A hearth, fireplace. Feu, few, sc. : a fee. 
 
 Feudal. Having the quality of a feud ; held of another, as opposed 
 to allodial. Feudal system : the system of ^e/s. 
 
 Feudum, /. k fief , feud, fee ; y.Fee. Feudum antiquum: an 
 ancient fee, one which hath descended to a man from his ances- 
 tors, as distinguished from feudum novum, a fee acquired by 
 the man himself. A feudum ut novum antiquum : a new fee 
 granted like an old one, so that it might descend to any of the 
 purchaser's heirs and not be restricted to his issue. At ah early 
 period, all fees were granted in this way ; otherwise a feudum 
 novum, though a fee simple, would resemble a fee-tail. Feudum 
 individuum: one which could only descend to_the eldest son. 
 Feudum laicum : a lay fee, as opposed to one held by spiritual 
 service. Feudum ligium: a liege fee, held directly of the 
 Sovereign. Feudum maternum or paternum: one descend- 
 ed from the mother or father. Feudum militare : a military 
 fee. Feudum militis : a knight's fee. Feudum proprium : 
 a proper fief ; an original, purely mihtary fee, as distinguished 
 from feudum improprium, a later variety. Feodum sim- 
 plex: fee simple. Feudum talliatum: fee-tail. Feudum 
 sine investitura uuUo mode constitui potest : a fee can by 
 no method be created without livery of seisin. 
 
FI — PILIUS 141 
 
 Pi. fa. Fieri facias. 
 
 Fiar, so. The proprietor ; the owner of the fee. 
 Fiat, /. (Let it be done.) A short order or warrant. Fiat in 
 bankruptcy: an order of the Lord Chancellor that a com- 
 mission in bankruptcy should issue ; v. Commission, 2. Fiat 
 justitia, ruat ccelum : let there be justice, though the heavens 
 . fall. Fiat ut petitur : let it be, as is demanded. 
 Fictio, /. A fiction. Fiotio cedit veritati : a fiction yields to 
 truth. Fictio juris: a fiction of law. Fictio legis inique 
 operatur alieni damnum vel injuriam: a legal fiction should 
 not work to any person wrong or injury. 
 Fidei-commissa, I. The civil law expression for trusts created by 
 
 last will. 
 Fidelitas, /. Fidelity ; fealty. 
 Fides, I. Good faith ; trust ; honesty. Fides servanda est : faith 
 
 must be kept. 
 Fiduciary. Relating to a trust ; founded upon confidence. 
 Tiefjfr. A fee; v. Fee,feudum. Fief d'haubert: a fee held by 
 
 knight-service. 
 Fieri facias, I. (That you cause to be made.) A writ of execution 
 directing the sheriff to levy the amount of a judgment from the 
 lands and goods of the defendant ; it is usually enforced against 
 the goods only ; v. Elegit. Fieri feci : the return of the sheriff 
 to dLf.fa. that he has satisfied the judgment. Fieri non debet 
 Bed factum valet: it ought not to be done; but, when done, it 
 is valid. 
 Fifteenths. A tax or aid anciently imposed on cities and towns 
 
 in England of one fifteenth of their valued personal property. 
 Fightwite, sa.v. A fine for a quarrel or disturbance. 
 Filacers, iilizers. (From Filace,/r., a file.) Officers in the C. P. 
 
 and other supei-ior courts ^ho fled and issued writs. 
 File, Slle, fr. A daughter. 
 
 Filiation. 1. The relation of a son to his father. 2. The adjudg- 
 ing a bastard to be the cliild of some man. 
 Filius, /. A son. Filius est notnen naturae, sed hsres est 
 nomen juris ; son is the name of nature, but Aeir is the name 
 in law. Filius mulieratus: a mulier. Filius nullius (the 
 child of nobody): a bastard; so, filius populi, a son of the 
 people. 
 
142 FILS — riRDMRB 
 
 Pils,^tz,_^. A son. 
 
 Filum aquae, I. (The thread of the water.) The water line or 
 edge ; the middle line of a stream. Filum viae : the middle line 
 of a street. 
 
 Pin,^. End. En fin, al fine : at last, at the end. 
 
 Final. Complete, finishing, as opposed to interlocutory, v. De- 
 cree, Process. Final appeal court ; v. Court, 87. 
 
 Fiualis Concordia, /. A final concord ; Stjine of lands. 
 
 Fine. 1. A sum of money paid by an offender as punishment. 
 2. A price paid for a privilege. 3. Fine for alienation: a 
 price paid the lord by the tenant in chivalry for permission to 
 alien his lands. 4. Fine of lands: a conveyance of lands by 
 acknowledgment of record, which had the effect of barring an 
 estate tail by excluding the issue of the one levying the fine, the 
 cognizor. The cognizee sued out a writ of praecipe on a 
 fictitious covenant of the cognizor to convey the land in ques- 
 tion, upon which a primer fine of one tenth the annual value 
 of the land was due the King. The court then granted a 
 licentia concordandi, cong^ d'accorder, or leave to agree, 
 upon which the post fine, or three twentieths the annual value 
 of the land, became due the King. Then followed the ac- 
 knowledgment, the concord itself, made by the cognizor in open 
 court or before commissioners appointed by dedivms potestatem, 
 that the lands were the property of the cognizee. Then followed 
 the note of the fine, an abstract of the writ of covenant and the 
 concord, which was enrolled in the proper office ; and the foot 
 of the fine, containing the whole matter, engrossed in inden- 
 tures by the chirographer and delivered to the cognizor and 
 cognizee. There fwere four kinds of fines, sur cognizance 
 de droit come ceo que il ad de son done [fr), a fine upon 
 the acknowledgment of the right which the cognizee hath by gift, 
 a feoffment of record ; sur cognizance de droit tantum, 
 upon acknowledgment of right merely j sur concessit, upon 
 grant, by acknowledgment of a grant de novo, but of no prece- 
 dent right ; and sur don, grant et render, upon gift, grant, 
 and render, a combination of the first and third kinds. 
 
 Fine force, /r. Absolute necessity. 
 
 Finis, I. An end, limit ; s.fine. 
 
 Firdfare, Firdwite. v. Ferdfare. 
 
PIRE — rCENUS 143 
 
 Fire bote. v. Bote. Fire ordeal : trial by red-hot iron, either by 
 taking a piece in the hand or by stepping blindfold and bare- 
 foot over nine red-hot ploughshares. 
 
 Firma, /. A farm, rent ; t. Farm. Firmarius : a fermor. Firma 
 alba : white rent. 
 
 First-fruits. The first year's profits of a spiritual living, due an- 
 ciently to the Pope. 
 
 Pise. The treasury of a prince or state. Fisk, se. . the revenue ; 
 the forfeited goods of a rebel. 
 
 Fish royal. Whale, porpoise, or sturgeon ; which, when thrown 
 ashore, belonged to the King. 
 
 Fistuca, I. A staff ; a wand delivered as a symbol of property. 
 
 Fitz, fr. Son ; a son. 
 
 Fitzherbert. A law writer, tempo Henry VIII., author of a Grand 
 Abridgment of the year-books and of the new Natura Brevium 
 [F. N. B.], a treatise on the writs then existing, v. Registrum 
 brevium, Natura brevium. 
 
 Fixture. A chattel so fixed or fastened to the land or building as 
 to become real property. 
 
 Flagrante bello, t. During actual war. Flagrante delicto : in 
 the heat of the offence, in the very act. 
 
 Fledwit, Flightwite. 1. A fine paid by an outlaw for pardon. 
 2. A discharge from amerciaments when an outlawed fugitive 
 came to the King's peace of his own accord. 
 
 Fleet A prison in London ; formerly of the Courts of Chancery 
 and the C. P. 
 
 Flem, sax. An outlaw, a fugitive. Flemenesfirinthe : receiving 
 a fugitive. Flemeneswite : a fine imposed on an outlaw. 
 
 Fleta. A treatise on the law founded chiefly on Bracton, and sup- 
 posed to have been written tempo Edward I. by some learned 
 lawyer at that time confined in the Fleet prison. Appended to it 
 is a small French tract entitled Fet assavoir. 
 
 TlBtb, Flet, sax. Land; a house. 
 
 Float, am. A certificate authorizing the occupation of land. 
 
 iFlotsam. Goods floating on the water, lost from a wreck. Jet- 
 
 V^am: goods thrown from the ship. Ligan: goods sunk and 
 
 ^Buoyed. 
 
 Bpcale, I. Firewood ; fuel. 
 
 Fcsnus nauticum, I. Marine interest; a high rate paid on ship 
 loans, v. Bottomry. 
 
144 FOIS — rORMEDON 
 
 Pois, foitz,/r. Time; times. 
 
 Pole laud, sax. Land of the people, v. Boeland. Folcmote 
 folcgemote : a popular assembly ; a county court. 
 
 Folio. A leaf. A page containing seventy-two, or, in Chancery, 
 ninety ■words ; in America, usually one hundred. 
 
 Poot. V. Fine. 
 
 Por, fors,//-. Out; without. 
 
 Porbannitus, /. Banished ; outlawed. 
 
 Porbarrer,/;-. To bar out ; preclude; estop. 
 
 Poroe majeure,^/^. Vis major, superior force. 
 
 Forcible entry or detainer. Violently or illegally taking pos- 
 session or keeping lands or tenements. A criminal offence. 
 Also, the civil action therefor. 
 
 Foreclosure. The process of barring the equity of redemption of 
 a mortgagor ; forfeiting the mortgagee's title. 
 
 Foreign attachment, v. Attachment. Foreign Plea : v. Plea. 
 Foreign bill : a bill of exchange drawn or payable abroad. 
 
 Forejudge. To expel from court ; to deprive of a thing by judgment. 
 
 Forest. A waste tract' of land, belonging to the King, reserved 
 for wild beasts of forest, chase, and waiTcu, and having certain 
 laws and courts of its own. Forest courts ; v. Court, 74. 
 
 Forestall. To obstruct a highway. Forestall the market : to 
 buy up provisions on the way to a market, with intent to sell at 
 a higher price ; a conspiracy to enhance the price of provisions. 
 
 Forgavel. A small money rent ; a quit-rent. 
 
 Forgery. The fraudulent making or alteration of a written instru- 
 ment to the prejudice of another's right. 
 
 Porinsecus, /. Outward; external; foreign. 
 
 Foris, /. Abroad ; without ; out of doors. 
 
 Forisfacere, /. To forfeit. Forisfactura : a forfeiture. 
 
 Forisfamiliated. Portioned off; provided for. 
 
 Forisjurare, ;., Perjurer, /r. To forswear; renounce. 
 
 Forma pauperis, I. v. In. Forma non observata infertur 
 adnullatio actus : where due form is not observed, the nullity 
 of the act is inferred. 
 
 Formata brevia, /. Formed writs, v. Writ. 
 
 Formed action, v. Action. 
 
 Formedon. An old writ of right or real action which lay for a 
 tenant in tail, rormedon in the descender, when brought by 
 
rORO — TRACTIO 145 
 
 the heir against his ancestor's alienee or disseisor ; in the re- 
 mainder, when brought by a remainder-man ; in the reverter, 
 when brought by the donor or his heirs. 
 
 Poro, /. In the forum, or jurisdiction, v. Forum. 
 
 Porprise. A reservation or exception. 
 
 Porsque,/>. Only; but. 
 
 Portescue. A judge of the time of Henry VI., author of a book, 
 De Laudibus Legum Angliis, written in praise of the EngUsh 
 common law. 
 
 Forthcoming bond. A bond to the sheriff, conditioned to deliver 
 property levied on when demanded. 
 
 Portia, I. Force. Portia frisca : fresh force. 
 
 Portior et potentior est dispositio legis quam hominis, I. 
 The disposition of the law is stronger and more powerful than 
 that of man [i. e'. overrules that of man in certain cases]. 
 
 Portuit,/A Accidental. Portuitment : by chance. 
 
 Porty-days court, v. Court, 75. 
 
 Porum, /. A court ; a jurisdiction ; a tribunal ; a forum, or place 
 where legal redress is sought. Porum actus, the forum of the 
 place where the thing was done ; contractus, where the con- 
 tract was made; conscientiaB, the tribunal of conscience, a court 
 of equity; domesticum, a domestic jurisdiction; domicilii, that 
 of the domicile ; domicilii actoris or rei, that of the plaintiff's 
 or defendant's domicile; ecclesiasticum, a spiritual court; lige- 
 antise rei or actoris, the forum of allegiance of the defendant 
 or plaintiff [of the country to which he owes allegiance] ; litis 
 motae, or fortuitum, the foram where the suit happens to be 
 brought ; originis, the forum of a person's nativity ; regium, 
 the King's court ; rei or rei sitee, the forum where the property 
 is ; rei gestee, of the place where the act was done ; sseculare, 
 the secular court. 
 
 Pos, fosse, /r., Possa, I. A dyke or ditch. 
 
 Pounderosa, /. Founderous, out of repair. 
 
 Pour seas. The four seas lying around England. 
 
 Pourcher,y>'. To divide the essoin ; to cause delay in a real action 
 by casting essoins in turn where there was more than one tenant. 
 
 Toy, fr. Faith; oath; fidehty. 
 
 Praotio, I. A division; breaking. Fractlonem die! non re- 
 cipit lex : the law does not regard the fraction of a day. 
 10 
 
146 FRANC— FRAUDS 
 
 Franc, fraunk.T?-. Free. Franc aleu : free, allodial land. 
 
 Franchise. A liberty ; a privilege granted by the Crown to a pri- 
 vate person. 
 
 Francigena, I. A Frenchman ; an alien. 
 
 Pranclaine, franklyn. A freeholder. 
 
 Francus, I. Free ; a freeman. Francus bancus : free bench. 
 
 Francus homo : a freeman. Francus plegius : ^frankpledge. 
 
 Frankalmoign. Free alms; a kind of tenure by spiritual ser- 
 vices, without fealty, in land held by a religious corporation, to 
 themselves and their successors forever. Tenure by divine 
 service was where certain specified services were required, and 
 the lord might distrain ; whereas in frankalmoign he could only 
 complain to the ordinary. Frank bank: free bench. Frank 
 chase : free chase. Frank fee : 1. The reverse of ancient 
 demesne, lands in fee simple. 2. Lands held free of all ser- 
 vices except homage. 3. Lands held by the lord of a manor in 
 ancient demesne of the Crown. Frank ferme : an old kind of 
 socage tenure, changed from knight's service by a new feoffment. 
 Frankfold : free fold, a privilege of the lord to fold the tenant's 
 sheep on his lands to manure them. Frank law : the rights 
 and privileges of a citizen; as to be a juror, witness, etc. 
 Frankmarriage : an estate in tail special, given by the donor 
 to a donee who married the donor's female relative, descendible 
 to them and the heirs of their bodies, free of all services except 
 fealty until the fourth generation of their descendants. Frank- 
 pledge : a tithing, or a decennary. Also, the bond or pledge mu- 
 tually entered into by the members of a tithing to answer for one 
 another's transgressions or to produce the offending member. 
 A system of suretyship for good behavior required of each free- 
 born man on arriving at the age of fourteen. Frank tenant : 
 a freeholder. Frank tenement : freehold. 
 
 Frassetum, I. A wood ; woody ground. 
 
 Frater, I. Brother. Frater consanguineus : a brother by the 
 father's side ; uterinus, by the mother's side. Frater fratri 
 uterino non succedet in haereditate paterna: a brother 
 shall not succeed a uterine brother in the paternal inheritance. 
 Frater nutricius : a bastard brother. 
 
 Frauds, Statute of. The 29 Car. II. c. 2, making written mem- 
 oranda necessary iu many cases of contracts and grants. 
 
PRAUNCHE — FRUCTUS 147 
 
 Fraunohe, fraunke,/c. Free. Fraunk homo : a freeman. 
 
 Fraus, I. Fraud. Fraus est oelare fraudem: it is fraud to 
 conceal fraud. Fraus est odiosa et non prsesumenda : 
 fraud is odious, and will not be presumed. Fraus et dolus 
 nemini patrocinari debent : fraud and deceit ought to avail 
 no one. Fraus latet in generalibus : fraud lurks in general 
 plirases. 
 
 Frectare, /. To freight. Frectum : freight. 
 
 Free alms: Frankalmoign. Free bench: dower in copyhold 
 lands; usually a third or fourth part of the land, to be held 
 dum sola et casta vixerit. Free fold; v. Frank/old. Free- 
 hold: 1. Such an estate as a freeman might accept, i. e. an 
 estate for life or inheritance, not a leasehold. 2. An estate in 
 free socage, not copyhold or villeinage. Freeman: 1. A free- 
 holder, not a villein. 2. One enjoying full privileges of citizen- 
 ship. Free pledge: v. Frank-pledge. Free services: such 
 as a soldier or freeman might perform, not base, uncertain, or 
 villeinous. Free ships: ships of a neutral nation in time of 
 war. Free socage : a tenure by free and certain services, not 
 military ; v. Socage. Free tenure : freehold ; tenure by free 
 services. Free warren : a regal franchise granted a subject to 
 preserve beasts of warren. 
 
 Freight The price paid for transporting goods. 
 
 Frendlesman, sax. An outlaw. Frendwit : a fine for succor- 
 ing or harboring an outlaw. 
 
 Freneticus, /., Frentike, fr. A madman. 
 
 Freoborgh, sax., Free burrow or borow. K frank -pledge. 
 
 Frequentia actus multum operatur, /. The frequency of the 
 act eifects much [continual usage establishes the right]. 
 
 Fresh disseisin. Recent disseisin ; during the time of fresh dis- 
 seisin (fifteen days) a man might right himself by force. Fresh 
 fine : a fine of lands levied within a year past. Fresh force : 
 deforcement or disseisin committed vrithin thirty days past ; v. 
 Assize of fresh force. Fresh suit : immediate pursuit or pros- 
 ecution. 
 
 Friborgh. k frank-pledge. 
 
 Friscus, /. Fresh ; uncultivated. Frisca fortia : fresh force. 
 
 Fructus, I. Fruit; fruits. Fructus rei alienee: the fruits of 
 another's property. Fructus civiles: revenues and recom- 
 
148 FRUCTUS— FUNDUS 
 
 penses, profits, rents. Fructua industriales : the fruits of 
 industry, emblements; as crops of grain, etc., distinguished 
 from fructua naturales : the natural products of the soil or 
 increase of animals, like the fruit of trees, wool, etc. Fructus 
 pendentea : hanging fruits, things not severed from the land, 
 as distinguished from fructus separatL Fructuum per- 
 ceptio: the rightful taking of the produce of property by a 
 person not the owner of the property ; one of the methods of 
 acquiring property with an act of possession. 
 
 Frustra, I. In vain, to no purpose. Frustra est potentia quae 
 nunquam venit in actum : a power which is never exercised 
 is useless. Frustra fit per pliira, quod fieri potest per 
 pauciora: it is vain to employ many means when fewer are 
 enough. Frustra legis auxilium quaerit qui in legem 
 committit: he who transgresses the law vainly seeks its aid. 
 Frustra petis'quod statim alteri reddere cogeris: it is 
 useless to ask what you will immediately have to hand over to 
 another. Frustra probatur quod probatum non relevat : 
 it is useless to prove that which, being proved, is not relevant. 
 
 Frustrum terrse, I. A piece, or single tract, of land. 
 
 Frythe, sax. A wood ; a plain between woods ; an arm of the sea. 
 
 Fuage, fumage. A tax on chimneys. 
 
 Fuer,/?-. To fly ; flight. 
 
 Fugam fecit, /. He has made flight ; whereby the goods of a per- 
 son indicted for felony were forfeited. 
 
 Fugitation, sc. Outlawry. 
 
 Full age. In common law, twenty-one years; in civil law, twenty- 
 five. Full blood ; descent from both of two parents or mar- 
 ried pair of ancestors; half-blood, descent from one only. 
 Full court : a court in banc, with all the judges. Full life : 
 life both in fact and law, legal capacity. Full proof: in civil 
 law, proof by two witnesses or a public instrument. Full right : 
 title conjoined with possession. 
 
 FuUum aquae, /. A stream of water; a flume. 
 
 Functus, I. One who has performed or accomplished ; discharged; 
 Functus officio : one who has served his term of o£5oe ; one 
 whose authority has ceased. 
 
 Fundamus, /. We found [a corporation]. 
 
 Fundus, I. Land. Fimdo anneza : annexed to the soil. 
 
FUNGIBLE — GAEBA 149 
 
 Fungible. Consumable ; measurable ; that may be replaced in kind. 
 
 Pur, /, A thief. Fur manifestus : an evident thief, one caught 
 in the act. 
 
 Purca, /. A gallows. Furoa et flagellum : gallows and whip. 
 Furca et fossa : gallows and pit. 
 
 Furcjure, I. To fork or divide, v. Fonrcher. 
 
 Furiosi nulla voluntas est, I. A madman has no will [is not 
 criminally responsible]. Furiosus absentis loco est : a mad- 
 man is as if absent [his presence is of no effect]. Furiosus 
 solo furore punitur : a madman is punished by his madness 
 alone. 
 
 Further assurance, v. Covenant. A covenant that the grantor 
 will execute any further deeds which may prove necessary to 
 complete the title. 
 
 Purtum, /. Theft. Furtum grave : aggravated theft, punishable 
 with death. Furtum conceptum, oblatum : receiving stolen 
 goods. Furtum manifestum : open theft, detected in the act, 
 bacherend. Furtum non est ubi mittimus habet detentio- 
 nis per dominium rei : there is no theft where the detentioA 
 begins on grounds of ownership [authority]. 
 
 Fustis, I. A staff; delivered as a symbol of land. 
 
 Puturi, /. Persons not yet in being. 
 
 a. 
 
 Gabel, gavel ; Gablum, I. ; Gafol, sax. A tax, duty, rent, or im- 
 post. 
 
 Gage. Security ; a pledge. 
 
 Gager,/r. To find security; to wage. Gager del ley: wager of 
 law. 
 
 Gaignage,^., Gainage. Wainage; profits of tillage; farm tools. 
 
 Gales, /r. Wales. 
 
 Gaol delivery. The emptying of a gaol by trying the prisoners. 
 V. Assize, Be bono et malo. Gaol liberties : a district around 
 a gaol through which prisoners are allowed to go at large, on 
 giving security to return. 
 
 Garaunt, garaunter,^. Warrant ; to warrant. 
 
 Garba, /. A bundle ; a sheaf of com. 
 
150 GAUD — GENERALE 
 
 Gard, garde, /r. Ward; custody; guardianship. 
 
 Garene, fr., Garrena, I. A warren. 
 
 Garner, Garnir,y5-. To warn; to summon; to garnish. 
 
 Garnishee. A person warned, as not to deliver goods. Garnisli- 
 ment, garnishing process : warning a debtor not to pay a debt 
 or deliver goods to his creditor, but to answer the plaintiff's suit 
 and keep the goods till judgment ; v. Attachment. 
 
 Ccaxtsat,fr. Warrant. Garrantie: warranty. 
 
 Garth. A yard ; a little close. 
 
 Gast,^. Waste. Gaster : to waste. 
 
 Gate. A right in land for the use or passage of cattle. 
 
 Gavel. Custom ; toll ; tax ; rent. Gavelbred : rent payable in 
 provisions, in kind. 
 
 Gavelkind. A species of socage tenure, common in Kent, where 
 the lands descend to all the sons, or heirs of the nearest degree, 
 together ; may be disposed of by will; do not escheat for felony; 
 may be aliened by the heir at the age of fifteen ; and dower and 
 curtesy is given of half the land. 
 
 Gavelet. Rent. A process for the recovery of rent in gavelkind 
 tenures ; a kind of cessavit. 
 
 Geld, gild, sax. A payment, tribute, or fine. Money. 
 
 Gemote, sax. A public meeting or assembly ; a court ; a moot or 
 mote. 
 
 Gen', for Generosus, I. A gentleman. 
 
 General agent. An agent in a particular business or employment, 
 for which he has general and usual powers. General assump- 
 sit, average, damages, demurrer, imparlance, legacy, lien, 
 occupant, partnership, tail, verdict : see those titles. Gen- 
 eral issue : a short plea denying in general terms the whole 
 declaration, indictment, or cause of action, without offering new 
 matter. General ship : a ship open generally for conveyance 
 of goods, not chartered. 
 
 Generate dictum generaliter est interpretendum, /. A 
 general expression is to be interpreted generally. Generale 
 nihil oertum itnplicat : a general expression implies nothiug 
 certain. Generalia specialibus non derogant: general 
 words do not derogate from special. Generalia verba sunt 
 generaliter intelligenda: general words are to be understood 
 generally. Generalis clausula non porrigitur ad ea qu% 
 
GENEUOSUS — GLYN 151 
 
 antea specialiter sunt comprehensa : a general clause is 
 not extended to cover things previously specially mentioned. 
 
 Generosus, /., Gentilhoiue,yr. Gentleman. A man entitled to 
 bear arms ; above the rank of yeoman. 
 
 Gents, gentz,/r. People; folk. 
 
 Gerefa, sax. A reeve ; an officer. 
 
 Gerere, I. To bear, to act, to behave. Gerere pro haerede : to 
 act as heir. 
 
 Germanus, I. Of the whole blood ; of the same stock. 
 
 Gersuma, sax. & I. A price ; fine ; reward ; amerciament. 
 
 Gestio pro heerede, /. Behavior as heir. 
 
 Gestum, pi. Gesta, I. A deed ; things done ; transactions. 
 
 Getter, /r. To throw; bring; cast. 
 
 Gift A gratuitous transfer ; a conveyance in tail. 
 
 Gild, sax. v. Oeld. Also, a fraternity; corporation; friborgh. 
 Gilda mercatoria, /. : a mercantile company. 
 
 Gildale. A compotation where every one paid his scot and lot ; 
 vulg. a " Dutch treat." 
 
 Gilour,//-. A cheat ; a deceiver. 
 
 Giser,/r. To lie. Gisant: lying. Gist en le bouche: it lies 
 in the mouth. Cy git : here lies. Le action bien gist : the 
 action well lies. 
 
 Glanvill. The author of the treatise Be Legibus et Consuetudinibtts 
 Angline, the most ancient book in the English law, written about 
 1181, and containing the forms of writs as they then existed. 
 
 Gleba, I. A glebe ; church land ; the minister's land ; a portion in 
 addition to the parsonage. Gleba terrae : a clod of earth. 
 
 Glossa, /. A gloss ; an interpretation or explanation. 
 
 Gloucester. The statute of this name was made in the sixth year 
 of the reign of Edward I. (1278), providing for costs in actions ; 
 giving a writ of cessavit to lessors of tenants in fee-farm, and to 
 the heir an immediate writ of entry in cases where a doweress 
 alienated the land {in casu proviso) ; providing that no suit for 
 trespass de bonis under 40 «. should be brought in the superior 
 courts, that an appeal of murder should not abate for default of 
 fresh suit, that no waste should be committed pending a suit 
 about the lands, that a citizen of London, disseised of land, and 
 suing therefor, should recover damages as well, etc., etc. 
 
 Glyn. A valley, glen. 
 
152 GO — GREB 
 
 Go. To be dismissed the court ; to issue, v. Day. 
 
 God bote. A fine for a spiritual offeuce. God's penny : earnest- 
 mouey; v. Denarius dei. 
 
 Goldsmiths' notes. Bankers' notes. 
 
 Good abearing. A species of probation ; a man bound to good 
 abearing was bound more strictly than if bound to keep the 
 peace ; he was bound also to good behaviour, to refrain from 
 acts contra bonos mores, as well as contra pacem. Good con- 
 sideration : V. Consideration. 
 
 Gors, gorce,/?-. A wear ; a fish-pool. 
 
 Gradatim, I. By degrees ; by steps. 
 
 Grammatica falsa non vitiat chartam, /. Talse grammar does 
 not vitiate a deed. 
 
 Grafiarius, /. A graffer ; a notary. Grafium : a register. 
 
 Grand assize. An extraordinary jury of sixteen knights employed 
 to try writs of right, introduced by Henry II. ; such actions be- 
 ing previously triable only by battel. Grand bill of sale : an 
 instrument whereby a ship is transferred to the first purchaser ; a 
 bill of sale of a ship at sea. Grand cape, cape ad valentiam, 
 jury, larceny, serjeanty : see those titles. Grand days: dies 
 nonjuridici, holidays in court. Grand distress : a distress more 
 extensive than the ordinary distress, running to all the goods and 
 chattels of the party distrained within the county, which lay 
 when he made default after being attached. 
 
 Grange. A bam, granary ; a farm. 
 
 Grant. A gift ; a conveyance ; especially of a fee-simple ; a con- 
 veyance without livery, as of an incorporeal hereditament. 
 
 Granum crescens, /. Growing grain. 
 
 Grassum. A sum paid in anticipation of rent ; a fine paid for a 
 lease ; a customary fine due from a copyhold tenant on the death 
 of the lord. 
 
 Gratis, /. Ereely, gratuitously. Gratis dictum : a voluntary as- 
 sertion. 
 
 Gravamen, I. Injury; grievance; the gist of complaint. 
 
 Great Seal. The emblem of royal authority, intrusted to the 
 Chancellor or Lord Keeper. 
 
 Great tithes. Predial tithes; com, hay, and wood. Great 
 council ; V. Court, 3. 
 
 Giee, fr. Satisfaction; agreement; consent; grace. Per le gree 
 
GRBMIUM — GWABR 153 
 
 ou sans le gree : with or ■vdthout consent. Bon gre mal 
 gre : with good will or bad. 
 
 Gremium, I. Bosom. In gremio legis : in the lap of the law. 
 
 Gressume. t. Qrassum. 
 
 Grith-breoh, sax. Breach of the peace. 
 
 Gros, fr. Large ; substance. En gros : at large ; in substance. 
 Grosse avanture : bottomry. Gros bois : timber. 
 
 Gross average, v. Average. 
 
 Ground rent. Rent paid on a building lease ; fee-farm rent. 
 
 Guaranty. A promise to answer for the payment or performance 
 of another ; a warranty ; to warrant, v. Surety. 
 
 Guardia, /. Ward; guardianship. 
 
 Guardian. A keeper, protector. Guardian in chivalry: the 
 superior lord, who, when the heir was under twenty-one, if male, 
 or fourteen, if female, in knight-service, was entitled to the 
 wardship and marriage of the heir and the profits of the land. 
 Guardian by statute : a kind of guardian appointed by the 
 father's deed or will, under the 12 Car. 2, c. 24. Guardian by 
 appointment of the Court of Chancery: when the father 
 fails to appoint, or is an improper person. Guardian by cus- 
 tom : in copyhold, the next of blood ; in London, the mayor 
 and aldermen. Guardian by deed or will : i. e. of the father. 
 Guardian ad litem : a person representing the interests of a 
 minor in a suit at law, appointed by the court. Guardian by 
 nature : the father, and, on his death, the mother. Guardian 
 for nurture : the father or mother, but guardians of the per- 
 son only, and until the age of fourteen. Guardian in sbcage : 
 the next of blood, in socage tenure, to whom the inheritance 
 cannot possibly descend ; he has the custody of the infant heir's 
 lands and person up to the age of fourteen. Guardian of the 
 Spiritualities, Temporalities : v. Gustos spiritualium, tempo- 
 ralium. 
 
 Guarra, guerra, /., Guerre, /»•. War. 
 
 Guerpi,^. Abandoned; deserted. 
 
 Guet,/r. Watch. Guet apous : an ambush. 
 
 Gule of August The first of August. 
 
 Gwabr mercfaed, brit. Maid's fee ; a payment made to the lord 
 of a manor upon the marriage or incontinency of the daughter 
 of a tenant. 
 
154 HABEAS— HiEC 
 
 H. 
 
 Habeas corpus, I. (That you have the body.) A name given to 
 a number of writs having for their object to bring [a person to 
 court, and particularly the Habeas corpus ad subjiciendum : 
 a writ directed to a person detaining the body of another, to' 
 inquire into the cause of the detention, and have him submit 
 to whatever the court shall direct. Habeas corpus ad faci- 
 endum et recipiendum : a writ to remove the cause, as well 
 as the body of the defendant, to the jurisdiction of a superior 
 court; also called habeas corpus cum causa. Habeas 
 corpus ad prosequendum, testiiicandum, deliberandum, 
 etc. : to remove the body of the prisoner to be prosecuted or to 
 testify in the higher court, in the proper jurisdiction. So ad 
 satisfaciendum, to charge him, upon judgment in an iaferior 
 court, with execution in the superior. Habeas corpora jura- 
 torum: a writ for the sheriff to compel attendance of jurymen 
 in the C. P., hke a distringas juratores in the K. B. 
 
 Habeas Corpus Act. The 31. Car. II. c. 2, providing the remedy 
 by habeas corpus for a violation of personal liberty. 
 
 Habemus optimum testem confltente'm reum, I. We have 
 the best witness, a confessing defendant. 
 
 Habendum, I. (To be held.) The clause of a deed defining the 
 estate granted, containing the words of limitation. Habendum 
 et tenendum : to have and to hold ; to be had and held. 
 
 Habentes homines, I. (Having men.) Rich men. 
 
 Habere facias possessionem, /. (That you make him have pos- 
 session). A writ of execution, for the successful plaintiff in 
 ejectment to recover possession of the lands. Habere facias 
 seisinam : a writ to give the plaintiff in a real or mixed action 
 possession of the freehold. Habere facias visum : a writ to 
 cause the sheriff to take a view of the lands in question. 
 
 Habilis, /. Able ; fit ; suitable ; good, sound. 
 
 Habit and repute, so. Held and reputed. 
 
 Habitus, /. Habit ; apparel ; garb ; manners. 
 
 Heec est conventio, /. This is an agreement. Haec est finalis 
 Concordia : this is the final agreement ; words commencing the 
 foot of ajine. 
 
HJEREDIPETA— HAIMSUCKEN 155 
 
 Heeredipeta, I. (An inheritance seeker.) The next heir. 
 
 Haereditamentum, I., Haereditameut. v. Hereditament. 
 
 Hsereditas damuosa, /. A burdensome inheritance. Hsereditas 
 jacens (a prostrate inheritance) : an inheritance not yet ac- 
 cepted and entered upon by the heir. Hsereditas nihil aliud 
 est quam successio in universum jus quod defunctus 
 babuerit: an inheritance is nothing but the succession to all 
 the rights the deceased had. Haereditas luctuosa : a mourn- 
 ful inheritance, as of a parent to a child. Hsereditas uunquam 
 ascendit: an inheritance never [lineally] ascends. Haereditas 
 paterna : an inheritance from the father. 
 
 Hseres, pi. haeredes, /. Heir. Haeres actu : an heir by appoint- 
 ment. Haeres astrarius: an heir in possession. Haeres de 
 facto : an heir in fact ; from the wrongful act of his ancestor. 
 Haeres factud : an heir by will, a testamentary heir. Haeres 
 est alter ipse et filius est pars patris : an heir is another 
 self and a son is part of the father. Haeres est eadem per- 
 sona cum antecessors : an heir is the same person with the 
 ancestor. Heeres est queni nuptiae demonstrant : he is 
 the heir whom the marriage indicates [the heir is determined 
 by a lawful marriage]. Haeres est aut jure proprietatis 
 aut jure representationis : the heir is either by right of prop- 
 erty or right of representation. Haeres est nomen ooUecti- 
 vum: heir is a collective name. Haeres est nomen juris, 
 filius est nomen naturae: heir is the name of the law, son the 
 name of nature. Haeres &duciarius : an heir in trust, or trus- 
 tee. H^res haeredis mihi est meus haeres : the heir of my 
 heir is my heir. Haeres natus : a born heir. Heeredes prox- 
 imi: next heirs, children. Haeredes remotiori: heirs more 
 remote. Haeres rectus: a right heir. Haeres suus: a proper 
 heir, a child or grandchild. Haeredi magis parcendum est: 
 the heir is to be more favored. Haeredum Deus facit, non 
 homo : God makes the heir, not man. Haeredum appella- 
 tione veniunt haeredes haeredum in infinitum : under the 
 name of heirs come the heirs of heirs indefinitely. 
 
 Haeretico comburendo. v. De. 
 
 Hafne courts. Haven courts ; old courts in EngUsh seaports. 
 
 Haia, /., Haye,/r. A hedge. 
 
 Haimsucken, sc. Assaulting a person in his own house. 
 
156 HALP-BLOOD — HEIR 
 
 Half-blood. Descent from one lineal ancestor only of a pair. v. 
 Full blood. Half-proof: in the civil law, proof by only one 
 witness, or a private instrument. Half-tongue : a jury bilinguu. 
 
 Haly wercfolk, sax. People who held lands by the service of de- 
 fending or repairing a church. 
 
 Ham, sax. A home ; house. Hamesecken ; v. Eaimsucken. 
 Hamsocne: the privilege of a man's house, or the breach 
 thereof. 
 
 Hanaper ofBce. An office on the common law side of the Court 
 of Chancery, in which the writs of private persons and returns, 
 or the fees arising from them were kept, as those relating to the 
 Crown were kept in the Petty-bag office. 
 
 Handborow. A hand-pjedge ; a name given to the nine ordinary 
 frank-pledges of a decennary, the tenth or chief being the head- 
 borow. V. Tithing. ' 
 
 Handhabend. Having in the hand ; a thief caught with the goods 
 in his possession, v. Bacberend. 
 
 Handsale. A sale confirmed by striking hands ; the price. 
 
 Hangwite, sax. A fine for hanging a thief without trial. 
 
 Hanse toTwns. A commercial association of German cities, for- 
 merly existing, chief among which were Bremen, Lubee, and 
 Hamburg, having a peculiar code of maritime laws. 
 
 Harlot^ V. Heriot. 
 
 Harth -penny. A penny tax on every house. -<i. Peter's pence. 
 
 Hat-money. An allowance made the master of a ship for the 
 purchase of vidnter clothing ; primage. 
 
 Haubert,/?-. A coat of mail ; haubergeon. 
 
 Hault, haut,/?-. High. Haut chemin, vey: highway. Haut 
 estret : high street. 
 
 Haustus, I. Drawing ; the servitude of entering and drawing water. 
 
 Ha'w. A house ; a bit of land by a house. 
 
 Hawgh, howgh. A valley ; a green plot in a vale. 
 
 Hay, Haya, /. A hedge ; an enclosure. 
 
 Hayward. An officer who keeps the common cattle of a town and 
 sees to the preservation of hedges. 
 
 Headborow. The chief pledge of a tithing, v. Handborow. 
 
 Hearth-money. A tax of two shillings on every hearth in Eng- 
 land; fuage. 
 
 Heir One who takes the ancestor's property by descent. Heir 
 
HEIKLOOM — HIDAGE 157 
 
 apparent: one certain to be heir if he outlive the ancestor; 
 heir presumptive : the person who would be heir if the ances- 
 tor died to-day, but whose right of inheritance may yet be de- 
 feated by some contingency. Heir by custom : heir by special 
 custom, as gavelkind, etc. Heir by devise : a person to whom 
 lands are devised by will. Heir general : the ordinary heir by 
 blood of all the lands. Heir special : the heir in tail, per for- 
 mam doni, under the form of the gift ; who may or may not be 
 the heir general. 
 
 Heirloom. A chattel, personal property, which descends to the 
 heir with the inheritance j such as the best bed, the doves, the 
 fishes in the pond, the deeds and charters, etc. 
 
 Henghen, sax. A prison, gaol. 
 
 Hengviryte. v. Hangwite. 
 
 Heralds' college. An English corporation, founded 1 Rich. III., 
 empowered to grant arms and preserve pedigrees, consisting of 
 three kings at arms, six heralds, and four pursuivants, to- 
 gether with the Earl Marshal of England. 
 
 Herbagium, ;. Herbage; the right of pasture. Herbagium 
 anterius : the first crop of hay. 
 
 Herbergare, /,, Herberger,/r. To lodge; to harbor. 
 
 Hereditament. That which may be inherited. Corporeal he- 
 reditaments : such as are tangible, visible, material, and may 
 pass by livery of seisin, as distinguished from incorporeal 
 hereditaments, which lie only in grant and are not capable of 
 manual delivery or feofiinent. 
 
 Hereditas, Heres, etc. v. Hareditas, etc. 
 
 Heriot. 1. A tribute in arms, horses, or money, due the lord on 
 the death of a knight tenant. 2. The best or second-best beast, 
 or, in copyhold tenure, other personal chattel, seized by or due 
 to the lord on the death of the tenant. 
 
 Heritable and movable rights, sc. Real and personal. Heri- 
 table bond: a bond accompanied by the conveyance of an in- 
 heritance as security. Heritable jurisdiction : grants of 
 criminal jurisdiction bestowed on great Scottish families. 
 
 Herns, I. A lord ; master. Herus dat ut servius faciat : the 
 master gives [wages] that the servant may do [the work]. 
 
 Heybote. Hedgebote. v. Bole. 
 
 Hidage. A royal tax imposed on land by hides. 
 
158 HIDE — HOMICIDITJM 
 
 Hide. As much land as one plough could work ; from sixty to a 
 hundred and twenty acres ; as much land as would support one 
 family ; a ploughland ; a mansion-house. ' 
 
 Hide (hyde) and gain. Arable land. 
 
 High sea. Begins at low-water mark, excluding the/auces terras. 
 High treason : treason to the King or State. Highway : a 
 foot, bridle, road, or water way open to the public. High Court 
 of Justice, of Appeal : v. Court, 20, 26. 
 
 Hiis testibus, I. (These witnesses.) The attestation clause in 
 deeds. 
 
 Hilary term. In England, began on the 11th and ended on the 
 31st of January. 
 
 Hinc inde, /. In Scotch law, on either side, reciprocally. 
 
 Hind, hine, sax. A servant in husbandry, a domestic. 
 
 Hirst, hurst. A wood. 
 
 Hoc intuitu, I. With this expectation. Hoc loco : in this place. 
 Hoc nomine : in this name. Hoc paratus estverificare per 
 recordum : this he is ready to verify by the record. Hoc per 
 quam durum est, sed ita lex scripta : this is indeed hard, but 
 so the law is written. Hoc vobis ostendit: this shows to you. 
 Hoc titulo : under this title. Hoc voce : under this word. 
 
 Hogenhyne, Agenhyne, sax. A domestic servant ; a member of 
 the household; a guest on his third night or afterwards. 
 
 Holm. An island in a river ; grassy ground by water. 
 
 Holograph. A deed or wiU written entirely by the grantor or tes- 
 tator, in his own hand. 
 
 Holt, sax. A wood, grove. 
 
 Homage, Homagium, I. An humble submission, an acknowledg- 
 ment by the tenant in knight service that he was the lord's vas- 
 sal, reserving only his faith to the King. Liege homage : such 
 as is due the King independent of tenure, without any reserva- 
 tion. Homage ancestral : where a man and his heirs had held 
 immemorially by homage ; and the lord was bound to warranty. 
 Homagium reddere : to renounce homage. 
 
 Home, homme, fr.. Homo, pi. homines, I. A man; men. 
 Homines de iief, feodauz, Homines ligii : feudal tenants. 
 
 Homestead. The place of a home. In America,'a dwelling-house, 
 and land about it, exempted from execution for debts. 
 
 Homicidium, I. Homicide. The killing a man. Homicidium 
 
HOMINATIO - HUNDRED 159 
 
 per infortunium, per misadventure : accidental homicide, 
 conmiitted while doing a lawful act. Se defendendo : in self- 
 defence; V. Excusable homicide. In rixa : homicide in a quarrel. 
 Hominatio, hominium, I. Homage. 
 Homine replegiando. v. Be. 
 
 Homo, I. A man ; a vassal. Homo potest esse habilis et in- 
 babilis diversis temporibus : a man may be capable and incapa- 
 ble at divers times. Homo francus, ingenuus, liber : a freeman. 
 Homologation. Approbation; confirmation. 
 Honesti vivere, alteri non Isedere, suum cuique tribuere, I. 
 
 To live honestlj, injure not another, render to each his own. 
 Honour,^., Honor, I. Honor. A nobler sort of seigniory, v. 
 Challenge, Acceptance. Honorary service: those incident to 
 grand serjeanty. 
 Honorarium, I. An hqnorary or free gift, which cannot be exacted. 
 Hope. A valley. 
 
 Horse juridicae, I. Hours in which the court sits. 
 Hore, ore,/?-. Now. 
 Horn tenure. Carnage. Horn geld : a tax on horned beasts in a 
 
 forest. 
 Hors,/r. Out; without; out of . Hors de son fee : out of his 
 . fee, an old plea to an action to recover rent on services. Hors 
 pris : except. Hors de temps : out of time. 
 Hospes, ;)/. hospites, I. Guest; host. 
 Hospitia curiae, /. Inns of court. Hospitium : household. 
 Hospitelarius, I., Hosteller, /r. An iunlceeper. 
 Hostes, /. Eaemies. Hostes humani generis : pirates. 
 Hotchpot. A mixing together, throwing into a common stock ; as 
 
 of a child's advancement, when an inheritance is to be divided. 
 Housebote, v. Bote. 
 House of Lords, v. Court, 13. 
 HoTW, hovre. A hUl. 
 Hue and cry. The alarm, and pursuit of a felon, in which all were 
 
 bound to join. 
 Huis, huy,/r. A door. 
 
 Hundred. A portion of a county usually containing ten tithings 
 and a hundred frank-pledges, in which all were liable, in case of 
 an offence within the district, to produce the offender or make 
 good the damage. 
 
160 HUNDRED — IGNORARE 
 
 Hundred court: v. Court, ZO. Hundred gemote: v. Coari, 31. 
 
 Hurst A little wood. 
 
 Huscarle, sax. A domestic ; a vassal. Husfastene : a house- 
 holder. Husgablum : house rent or tax. 
 
 Hustings. The principal court of the city of London. The raised 
 place from which candidates for Parliament address the electors. 
 V. Couri, 58, 60. 
 
 Hutesium et Glamor, /. Hue and cry. 
 
 Hypotheca, I. A pledge for a debt without delivery of the prop- 
 erty pledged ; hypothecation. 
 
 Hythe, sax. A wharf or haven. 
 
 Ibi, /. There; in that place. Ibi semper debet fieri triatio, ubi 
 juratores meliorem possunt habere notitiam : a trial ought 
 always to be held where the jury can get the best information. 
 
 Ibid., for Ibidem, /. In the same place. 
 
 Icel, ioeluy, icelle, iceux,^. This ; him ; these ; those. 
 
 Id,;. That; V. Cerium. Id est (abb. i. e.): that is. Id possu- 
 mus quod de jure possumus : we can do [only] that which 
 we can do lawfully. 
 
 Idem, ;. The same. Idem agens et patiens esse non potest: 
 the same person cannot be both agent and patient. Idem est 
 non esse et non apparere : not to appear is the same as not 
 to be. Idem sonans : sounding the same. 
 
 Identitate nominis, /. A writ that lay for him who upon a cajiias 
 or an exigent was taken and committed to prison for another man 
 of the same name. 
 
 Idiota iuquirendo, I. An old writ to inquire whether a man was 
 an idiot or not, by a jury of twelve men ; if so found, the profits 
 of his land and the custody of his person might be granted by 
 the sovereign to any subject who had interest enough to obtain 
 them. 
 
 Ideo quaere, I. Therefore inquire. Ideo consideratum est: 
 therefore it is considered. 
 
 Ignitegium, /. Curfew. 
 
 Ignorare, I. To be ignorant. Ignoramus : v. Bill, I. 6. 
 
IGNORANTIA — IMPORTER 161 
 
 Ignorantia eorum quae quia scire tenetur non ezcusat, I. 
 
 Ignorance of those things which any one is held to know is no 
 excuse. Ignorantia fact ezcusat, ignorantia juris non ex- 
 cusat : ignorance of fact is an excuse, not ignorance of law. 
 
 Ignotum per ignotios, I. A thing unknown by something yet 
 more unknown. 
 
 ll,/r. It, he. II oovient : it is proper. H est communement 
 dit : it is commonly said. 
 
 niugne, illongues, etc.,/r. There. 
 
 Illusory appointment. The appointment hy a person having a 
 power to appoint real or personal property among a class, of a 
 merely nominal share to one of that class, practically excluding 
 him ; frequently forbidden by statute, v. Power. 
 
 ImmemoriaL v. Time. Before the time of Richard I., before 
 A. D. 1189. 
 
 Immobilis, I. Immovable. Immobilia situm sequuntur : 
 things immovable follow [the law ot] their site. 
 
 Impanel. To enter the names of the jurymen on the panel, a bit 
 of parchment attached to the venire facias. In America, to choose 
 the names of jurors for a particular case. 
 
 Imparlance. Leave given to the defendant to talk with the plain- 
 tiff and settle the suit amicably ; an extension of time for plead- 
 ing ; a continuance ; a stay of execution, v. Continuance. 
 
 Imparsonee. Inducted and in possession of a benefice, v. Induc- 
 tion. 
 
 Impeachment of ■waste. Liability for waste ; also, a demand or 
 suit for waste committed. 
 
 Impediens, I. One who hinders; a defendant, deforciant. Im- 
 peditor : the disturber in quare impedit. 
 
 Imperitia, I. Unskilfulness. Imperite : unskilfully. Imperitia 
 culpse adnumeratur : want of skill is reckoned a fault [culpable 
 negligence]. 
 
 Imperium, I. Power, command ; authority. 
 
 Impetere, I. To impeach, command ; to sue. Impetitio vasti : 
 impeachment of waste. 
 
 Implacitare, /. To implead ; to sue. 
 
 Implied, v. Assumpsit, Colour, Condition, Consideration, Covenant, 
 Malice, Trust, Warranty. 
 
 Importer, emporter,//-. To can-y away. 
 
 11 
 
162 IMPOSITIO — IN ARBITRIO 
 
 Impositio, I. Imposition ; a tax or tribute. 
 
 Impossibilis, I. Impossible. Impossibilium nulla obligatio 
 est : there is no obligation of [to do] impossible things. 
 
 Impotentia ezcusat legem, /. Inability excuses the law. [Im- 
 possibility or inability is an excuse for not doing what the law 
 requires.] 
 
 Impound. 1. To put in a pound. 2. To retain in the custody of 
 the law ; as of a forged or suspicious document produced at a trial. 
 
 Imprimatur, /. (Let it be printed.) A license to publish. 
 
 Imprimis, /. In the first place ; first of all. 
 
 Imprisonment. Confinement of any description, v. False. 
 
 Improbare, /. To disapprove ; disallow. 
 
 Improbation. In Scotch law, an action to annul an instrument by 
 proving it false or forged. 
 
 Improper feud. A feud held otherwise than by military service. 
 V. Feud. 
 
 Impropriation. Appropriation of benefices to other than the proper 
 spiritual uses ; a living held by a layman or lay corporation. 
 
 Improve. Scotch, to disprove, invalidate, impeach. 
 
 Improviare, /. To improve land. Improviamentum : the im- 
 provement of land. 
 
 Impunitas semper ad deteriora invitat, I. Impunity always 
 encourages greater faults, v. Malefcia. 
 
 Impuris manibus nemo accedat curiam, /. Let no one come 
 to court with unclean hands. 
 
 Imputation of payments. Application of payments. 
 
 In, /. In; into; in possession. In adversum: against an ad- 
 verse or unwilling party.' In aequali jure, melior [potior] 
 est conditio possidentis [defendentis] : in equal right, the 
 possessor [defendant] has the better condition [position]. In 
 aequali manu (in equal hand) : in the hands of a third person. 
 In alieno solo : on another's land. In alio loco r in another 
 place ; V. Cepit. In ambigua voce legis ea potius accipi- 
 enda est signiiicatio quae vitio caret : in an ambiguous ex- 
 pression of law, that meaning should be taken which works no 
 wrong. In Anglia non est interregnum : in England there 
 is never any interregnum. In antea: henceforth. In aperta 
 luce : in open daylight. In arbitrio alieno : in the discretion 
 of another. In arbitrio judicis: in the discretion of the 
 
IN ARCTA — IN DUBIIS 163 
 
 judge. In arcta et salva custodia: in close and safe cus- 
 tody. In articulo mortis: at the point of death. In ban- 
 co : in banc. In bonis defuncti : among the goods of the 
 deceased. In capita: to the polls. In capite: in chief; 
 V. Caput. In casu consimili : in like case ; v. Action on the 
 case. In casu consimili, proviso; v. Casu. In casu ex- 
 tremse necessitatis omnia sunt communia: in cases of 
 extreme necessity, all is common property. In commendam : 
 in commendation; v. Commendam. In communi: in common. 
 In consideratione inde : in consideration thereof. In con- 
 sideratione legis : in contemplation of law, in abeyance. In 
 consimili casu consimile debet esse remedium: in like 
 case the remedy should be similar. In consuetudinibus non 
 diuturnitas temporis sed soliditas rationis est conside- 
 randa : in customs, not the length of time, but the strength of 
 the reason should be considered. In continenti : immediately. 
 In contractibus tacite insunt quae sunt moris et consue- 
 tudinis: in contracts matters of custom and usage are tacitly 
 implied. In conventionibus contrahentium voluntatem 
 potius quam verba spectari placuit: in agreements it is 
 better to regard the will of the parties than the mere words. 
 In corpore : in body, in substance. In crastino animarum : 
 on the morrow of AU Souls'. In criminalibus sufficit ge- 
 neralis malitia intentionis cum facto paris gradus : in 
 criminal cases a general malice [of intention] is sufiBcient [if 
 coupled] with an act of equal degree [of wrong]. In cujus 
 rei testimonium : in testimony whereof. In curia : in court. 
 In custodia legis: in custody of the law. In damno: in 
 damage. In defense : in prohibition ; enclosed. In delicto : 
 in fault; guilty. In descendu: by descent; v. Formedon. 
 In diem : for a day. In disjunctivis sufBcit alteram par- 
 tem esse veram : in disjunctive [conditions] it is enough that 
 either part be true [happen, be performed]. In dominico : in 
 demesne. In dominico suo ut de feodo: in his demesne 
 as of fee. In dorso : on the back. In dubio, in dubiis : in 
 doubt, in uncertainties. In dubiis benigniora praeferenda 
 sunt : in doubt the more favorable views are to be preferred. 
 In dubio pars mitiora est sequenda : in doubt the milder 
 course is to be preferred. In dubiis non preesumitur pro 
 
164: IN DUBIIS — IN MALEFICIIS 
 
 testamento : in cases of doubt there is no presumption in favor 
 ^ of a will. In duplo, in duplum : in double, for the double 
 value. In duriorem sortem (to the harder lot) : to the most 
 burdensome debt. In eo quod plus sit semper inest et 
 minus : in that which is greater the less is always contained. 
 In esse : in being. In essentialibus : in the essential parts. 
 In ezcambio : in exchange. In esitu : in issue, at the end. 
 In eztenso : in its .full extent. In extremis : in the last 
 extremity. In facie curiae: before court. In facie eccle- 
 Biae : in the face of the church. In faciendo (in doing) : 
 for the performance. In facto : in fact, in deed. In favorem 
 libertatis: in favor of liberty. In favorem vitae omnia 
 praesumuntur : all things are presumed in favor of life. In 
 feodo: in fee. In fictione juris semper subsistit eequi- 
 tas ; in a fiction of law there always remains [must exist some] 
 equity. In fieri : in becoming, in being done ; imperfect, in- 
 complete. In flagrante delicto : in the heat of the offence. 
 In forma pauperis : in the character of a pauper. In foro : 
 in the tribunal, court; v. Forum. In fraudem legis : in fraud of 
 the law. In futuro : in future, at a future time. In genere : 
 in kind. In gremio legis : in the bosom of the law, in abey- 
 ance. In hac parte ; in this behalf. In haec verba : in these 
 words. In hunc modum : after this manner. Inindividuo: 
 in distinct form, in the piece. In initio, initialibus: in the 
 beginning, the preliminaries. In integrum : anew, to the 
 original or complete state. In invitum : against an unwilling 
 party. In itinere : on the way ; v. Assize. In judicio : be- 
 fore a judge, in court. In judicio non creditur nisi juratis : 
 in court belief is only given to persons sworn. In jure: in 
 law. In jure non remota causa sed proxima spectatur : 
 in law the nearest, not the remote, cause is regarded. In jure 
 alterius : in the right of ano|;hor. In jure proprio : in one's 
 own right. In jus vocare : to summon to court. In lecto : 
 on the death-bed. In libera eleemosyna: m frankalmoign. 
 In libero soccagio : in free socage. In limine : on the thresh- 
 old, at the outset. In linea recta: in the direct line. In 
 loco parentis : in the place of a parent. In majore summa 
 continetur minor : in the greater sum is contained the less. 
 In maleficiis voluntas spectatur non esitus: in crimes 
 
IN MALEFICIO— IN QUOVIS 165 
 
 the intent, not the result, is regarded. In maleficio ratiha- 
 bitio maudato comparatiir : in a wrongful act a ratification 
 is held as a command. In mero jure: of mere right. In 
 misericordia : in, mercy. In mitiori sensu : in the milder 
 sense. In mora : in default, in delay. In mortua manu : in 
 dead hand, mortmain. In nubibus (in the clouds) : in abeyance. 
 In nullius bonis: in the property of no one. In nuUo 
 est erratum (in nothing has there been error) : the name of 
 the plea of joinder in error. In octavis : on the octave, an 
 ancient return-day. In odium spoUatoris: to the hatred 
 [prejudice] of the despoiler. In odium spoUatoris omnia 
 praesumuntur : every presumption is made against a wrong- 
 doer. In omnibus : in all things, in all points. In omnibus 
 pcenalibus judiciis et aetati et imprudentiae succurritur : 
 in all penal judgments youth and want of understanding are 
 favored. In ore : in the mouth. In pace Dei et regis : in 
 the peace of God and the King. In pairi casu : in a similar 
 condition. In pari delicto potior est conditio possidentis 
 [defendentis] : where the fault is equal the party in possession 
 [defendant] shall prevail. In pari materia: upon the same sub- 
 ject. In patiendo : in permitting, in suffering. In pendente : 
 in suspension. In perpetuum : forever. In perpetuam rei 
 memoriam : in perpetual memory of a matter. In perpetuum 
 rei testimonium: for perpetual testimony of the thing. In 
 personam : against the person. In pios usus : for religions 
 purposes. In plena vita : in full life. In pleno oomitatu : 
 in the full county court. In pcenalibus causis, benignius 
 interpretandum est : in penal cases the more favorable inter- 
 pretation should be made. In posse : in possibility. In pos- 
 terum : hereafter. In potestate parentis : in the power of a 
 parent. In prassenti: at the present time. In prsesentia 
 majoris cessat potentia minoris : iu the presence of the 
 superior the power of the inferior ceases. In principio : at the 
 beginning. In propria persona: in proper person, in one's 
 own person. In proximo gradu : in the nearest degree. In 
 quantum luoratus est: in so far as he has profited. In 
 quindena : in fifteen days, an old return-day. In quo quis 
 delinquit, in eo de jure est puniendus : in that in which 
 he offends, he may lawfully be punished. In quovis : in what- 
 
166 IN EE — IN 
 
 ever. In re : in the matter, in the affair ; v. Ad rem. In re 
 aliena : in the affairs of another, in another's property. In re 
 propria : in one's own affairs. In rebus : in matters, in cases. 
 In rem r against the thing ; v. Ad rem. In rem suam : in 
 one's own affairs. In rem versum: employed in one's own 
 profit, actually used in one's own affairs. In rerum natura : 
 in the nature of things. In retentis (in things held back) : to 
 be kept back until wanted, taken and preserved secretly. In 
 rigore juris : in the rigor of the law. In rixa : in a quarrel. 
 In scaccario : in the exchequer. In solido (in the whole) : 
 for the full amount, the entire obligation ; jointly and severally. 
 In solidum : for the whole ; as a whole, exclusively. In solo 
 proprio: in one's own land. In solutum: in payment. In 
 spe: in hope,- in expectation. In specie: in kind; in the 
 same form ; specific. In statu quo ante bellum : in the 
 state in which [the matter was] before the war. In stipu- 
 lationibus id tempus spectatur quo contrahimus: La 
 agreements the time in which we contract is regarded. In 
 Btipulationibus quum queritur quid actum sit, verba 
 contra stipulatorem interpretanda sunt: in contracts 
 where there arises a question as to what was done, the words are 
 to be taken against the (stipulator) person to whom the promise 
 is made. In stirpes: according to roots, or stocks; v. Stirps, 
 per stirpes. In stricto jure : in strict law. In subsidium : 
 in aid. In substantialibus : of a substantial nature. In 
 summa : in sum, on the whole. In suo genere : of their own 
 kind. In superficie : in the surface. In suspenso : in sus- 
 pense. In tantum : insomuch ; forasmuch. In terminis ter- 
 minantibus: in terms of determination. In terrorem (in 
 terror) : by way of threat. In totidem verbis : in so many 
 words. In toto : entirely, as to the whole. In toto et pars 
 continetur : in the whole is contained the part also. In tra- 
 ditionibus scriptorum, non quod dictum est, sed quod 
 gestum, inspicitur : in the delivery of deeds, not what is said, 
 but what is done, is regarded. In transitu : in transit, during 
 conveyance ; v. Stoppage. In tuto : in safety. In utero : in 
 the womb. In vadio : in gage or pledge. In vinculis : m 
 chains. In vita : in life. 
 lOtfr. V. En, Enprender, render, etc. 
 
IN ACTION — INDICAVIT 167 
 
 In action. Recoverable by action ; not in possession. In bank, 
 banc: a full court, all the judges; Full Bank. In blank: an 
 indorsement simply of the indorser's name, without restricting it ' 
 to any indorsee, whereby the note becomes payable to bearer. 
 In chief : 1. Tenure in capite, directly of the chief lord or of 
 the Crown, is so called. 2. The first examination of a witness, 
 before the cross-examination. In mercy : a phrase in the rec- 
 ord of old judgments, denoting that the defendant was in mercy 
 of the King, liable to amerciament, for his delay ; or the plain- 
 tiff and his pledges, pro falso clamore suo, for his false claim. 
 In prender : in taking, a term applied to such incorporeal here- 
 ditaments as the person might take for himself, in distinction 
 from such as were in render, in yielding or paying, which the 
 party liable, or the tenant, had to offer. 
 
 Incerta pro nuUis habentur, /. Uncertain things are held as void. 
 
 Inchoate. Begun, incipient. Inchoate dower : a woman's in- 
 terest in a husband's land during his lifetime. 
 
 Incipitur, I. It is begun : a term apphed to an abbreviated entry 
 on the record, as of a judgment or other proceeding. 
 
 Incivile, /. Irregular ; against due course of law ; improper. 
 
 Inclosure. The extinction of rights of common in land. 
 
 Inclusio unius est ezclusio alterius, I. The inclusion of the 
 one is the exclusion of the other. 
 
 Incorporalis, I., Incorporeal v. Hereditament. 
 
 Incrementum, /. Increase. Incrementa : additions, increase of 
 laud by the sea. 
 
 Incumbent A clergyman resident on his benefice. 
 
 lude, /. Thence ; thereof ; therefrom ; thereupon, v. Et. 
 
 Indebitatus assumpsit, I. Being indebted, he undertook, v. 
 Assumpsit. Indebitatus nunquam : never indebted. 
 
 Indebiti solutio, /. The payment of something not due. 
 
 Indefeasible. That which cannot be defeated or made void. 
 
 Indefinite failure of issue. A failure of issue to a person at any 
 time, before or after his death, v. Dying. 
 
 Indemnity, v. Bill, II. 2. 
 
 Indenture. A deed indented, v. Deed, Fine. 
 
 Independent, v. Covenant, Condition. 
 
 Index animi sermo, I. Speech is the indicator of intention. 
 
 Indicavit, I. A writ of prohibition which lay for the patron of a 
 
168 INDICAVIT— INFINITUM 
 
 churcli whose parson was sued in tlie ecclesiastical court in an 
 action of tithes by another clerk, when the tithes in question 
 amounted to a -fourth part of the value of the living ; in which 
 case the suit was cognizable in the " King's court," i. e. the 
 common law courts. 
 
 Indicium,^;. Indicia, /. Sign; mark; badges; tokens; evidence. 
 
 Indictare, I. To indict. Indictment, v. Bill, I. 6. 
 
 Indorsement. The writing of his name on the back by a payee, 
 drawer, or holder of a note or bill, whereby the property in it 
 is transferred. A writing on the back of an instrument, v. In 
 blank. An Indorsement in full, or special indorsement, 
 has added the name of the person to whom the note or bill is 
 assigned. An indorsement without recourse is a kind of 
 qualified indorsement, effected by writing the words " with- 
 out recourse," or words of like meaning, after the indorser's 
 name. The indorser -thereby passes the title without incurring 
 an indorser's liabilities for non-acceptance or non-payment. 
 
 Inducement. A preliminary statement of facts in the declaration 
 of slander, v. Colloquium. 
 
 Inducise, ;. A truce; delay or indulgence. 
 
 Induction. The ceremony of giving a clergyman actual posses- 
 sion of the temporalities of a benefice, after the instituiion ; as 
 by holding the ring of the door, toUing the bell, or the like ; 
 when he becomes imparsonee. 
 
 Inest de jure, I. It is implied in the right, implied by law. 
 
 Infamia facti, I. General bad character, as distinguished from 
 infamia juris, infamy arising from a legal conviction for crime. 
 
 Infangthefe, sax. A privilege of a lord of a manor to judge any 
 thief taken in his fee. v. Outfangthefe. 
 
 Infans, I. A child under the age of seven. 
 
 Infant. A person under twenty-one. 
 
 Infantia, I. The age from birth to seven years. 
 
 Infeft, sc. To give seisin, enfeoff. 
 
 Infeodare, I. To give a fee, give seisin, enfeoff. Infeodatio: 
 enfeoffment. 
 
 Infeodation, infeudation. Enfeoffment. Infeodation of tithes: 
 the granting of tithes to laymen. 
 
 Infinitum in jure reprobatur, I. That which is endless is dis- 
 approved of in law. 
 
INPIRMATIVE — INIQUUM 169 
 
 Iiifirmative. Having a tendency to render infirm, to weaken. 
 
 Information. A complaint against a person for some criminal or 
 penal offence, filed by the proper officer, on behalf of the Crown 
 or people, at his own discretion, on the relation or information 
 of some private person ; resembling in criminal cases an indict- 
 ment, but not founded on the oath of a jury, and in civil cases 
 like the bill or declaration; in each class the subsequent pro- 
 ceedings being as usual. An information in Chancery is a 
 bill instituted by the Attorney-General on behalf of the Crown. 
 An information in the Exchequer has its object to recover 
 money due the Crown, or damages for an itilrnsion upon Crown 
 lands. An information on a penal statute gives the informer a 
 share in the penalty, v. Quo warranto, Quitam. 
 
 Informatus non sum. t. Non sum informatus. 
 
 Infortunium, I. Misfortune ; misadventure, v. Homicide. 
 
 Infra, I. Below; underneath; 'within. Infra setatem: under 
 age. Infra annos nubiles : under marriageable years. Infra 
 annum: within a year. Infra annum luctus: within the 
 year of mourning. Infra brachia: within [her] arms. Infra 
 corpus oomitatus: within the body of a county [where the 
 jurisdiction of Admiralty ceases]. Infra dignitatem curiae: 
 beneath the dignity of the court. Infra hospitium : within an 
 inn. Infra praesidia: within guards, under protection. Infra 
 quatuor maria: within the four seas; in England. Infra 
 regnum: within the realm. Infra sez annos: within six 
 years. Infra tempus semestre : within six months. 
 
 lugenuus, I. A freeman, yeoman. 
 
 Ingressus, /. Entry; ingress. A relief paid by an heir to the 
 head lord. Ingressu, De ingressu : a writ of entry. 
 
 Ingressus et egressus, /. Freedom of entry and exit. 
 
 Inherent, v. Condition, Covenant. 
 
 Inheritable blood. Blood capable 'of transmitting an inheritance ; 
 as that of a legitimate son unattainted. 
 
 Inheritance. An estate or interest in property which may pass 
 by descent from one person to another. 
 
 Inhibition. A writ from a higher ecclesiastical court to restrain 
 proceedings in a lower. 
 
 Iniquum est aliquem rei sui esse judicem, /. It is unjust 
 for any one to be judge in his own cause. 
 
170 INITIATE — INNUENDO 
 
 Initiate. Beguu. Initiate curtesy : the interest of a husband, 
 during his wife's life, in her lands, after the birth of a child 
 capable of inheriting, v. Curtesy. 
 
 Initium, /. The beginning. 
 
 Injunction. A prohibitory writ issuing from a court of equity 
 forbidding a party to do or suffer a certain act. A mandatory 
 injunction forbids a party to allow a thing now existing to con- 
 tinue, and amounts to a direction to him to remove it. A pre- 
 liminary or provisional injunction is granted at the outset of 
 a suit, or pendente lite, to restrain the party's action until the 
 suit has been determined; a final or perpetual injunction pro- 
 hibits the party forever from doing the action or continuing the 
 existence of the thing, and is granted as a means of permanent 
 relief upon the end of the suit. Common injunction: one 
 granted on default. 
 
 Injuria, /. Injury; legal wrong; tortious action. Injuria non 
 praesumitur: tortious action will not be presumed; v. Bam- 
 num. Injuria non ezcusat injuriam : one tort does not ex- 
 cuse another. 
 
 Inlagare, /. To restore to law ; to take back an outlaw. 
 
 Inland bill of exchange. One drawn and payable within Great 
 Britain and Ireland, and the adjacent islands which are part of 
 the British dominions. 
 
 Innocent, (v. Conveyance.) Not tortious. 
 
 lunotescimus, /. We make known; words used in letters pa- 
 tent. 
 
 Innovation. Novation. 
 
 Inns of Chancery. Clifford's Inn, Clement's Inn, New Inn, 
 Staple Inn, and Barnard's Inn; formerly also Eurnival's Inn, 
 the Strand Inn, Lyon's Inn, and Thavies' Inn, with Serjeant's 
 Inn, which consisted of serjeants only. They were formerly pre- 
 paratory colleges for students, inhabited by clerks in chancery, 
 attorneys, etc. ; but performed no public funetions, and are now 
 sunk into insignificance. 
 
 Inns of Court. The four law societies of the Middle Temple, 
 Inner Temple, Lincoln's Inn, and Gray's Inn, which in England 
 are privileged to confer the degree of barrister at law. 
 
 Innuendo, I. Meaning; the clause in a declaration explaining 
 slanderous matter, v. Colloquium. 
 
INOTFICIOSUM— INTENTIO 171 
 
 Inofficiosum. Undutiful. InofBoiosum testamentum : an un- 
 natural will ; one disinheriting a chUd. 
 luops consilii, /. Destitute of counsel. 
 
 Inquest. A judicial inquiry ; especiaDy by a coroner's or sheriff's 
 jury. The finding of a jury. Inquest of ofBce : the inquest 
 of a king's officer, coroner, or escheator, either by writ or commis- 
 sion, or virtiite officii, into a matter in which the King is inter- 
 ested ; the escheat of lands on attainder, etc. The verdict was 
 called ofBce found. 
 Inquiry, 'Writ of. v. Writ. 
 Inquisitio post mortem, /. Inquest after death ; an inquest of 
 
 office held on the death of a tenant in chivalry. 
 losidiatores viarum, I. Highwaymen. 
 Insimul computassent, I. (They accounted together.) An action 
 
 upon an account stated: one of the common counts. 
 Insiuuatio, I. Suggestion. Ex insinuatione : on the informa- 
 tion of. 
 Inspection, Trial by. The trial of some issue in a suit by the de- 
 cision of the judges upon the testimony of their own senses ; as 
 of the nonage of one of the parties, an appeal of mayhem, etc. 
 Instance Court. The ordinary Court of Admiralty, as distinct 
 
 from the Prize Court, v. Court, 91. 
 Instar, /. Likeness ; equivalent. Instar dentium : like teeth. 
 Instituta, I., Institutes. 1. Elements of the Romau law compiled 
 
 under Justinian. 2. Coke's Institutes. 
 Institutio, /., Institution. The investiture of a clerk by the 
 bishop; the ceremony of ordaining him as rector of a parish. 
 V. Induction. 
 Insula, /. An island. 
 Insultus, /. An assault. 
 Insuper, I. Moreover ; over and above. 
 Insurance. A contract of indemnity against certain risks for a 
 
 pecuniary consideration, v. Assurance. 
 Integer,/. Entire; untouched; fresh. Res Integra : a new mat- 
 ter, hitherto undecided. 
 Intendment of law. The true meaning of the law. A presumption. 
 Intentio, /. 1. The plaintiffs demand, count, or declaration. 
 2. Intention ; purpose. Intentio cseca mala : if the purpose 
 is obscure, it is ineffectual. Intentio debet inservire legibus 
 
1 72 INTENTIO — INTEENATIONAL 
 
 non leges intention!: the mteutiou should accord with the 
 laws, not the laws with the intention. 
 
 Inter, I. Between; among. Inter alia: among others. Inter 
 alios acta: things done between other persons [than the 
 parties.] Inter amicos : among friends. Inter arma leges 
 silent (among arms) : when appeal is made to arms the laws 
 are silent. Inter canem et lupum (between dog and wolf) : 
 twilight. Inter partes: between parties. Inter rusticos: 
 among illiterate persons. Inter virum et usiorem : between 
 husband and wife. Inter sese : among themselves. Inter 
 vivos : between persons living. 
 
 Intercommoning. A mutual privilege pf common, enjoyed by 
 two townships or manors in each other's land. 
 
 Interdict. 1. An injunction. 2. An ecclesiastical censure, prohi- 
 bition of divine services, interdiction. 3. In Scotch law, a legal 
 restraint from executing deeds, imposed on persons of weak mind. 
 
 Interesse, /. Interest; an interest in lands or money. Inter- 
 esse termini (the interest of a term) : the state of a lessee for 
 years in the land before his entry. 
 
 Interest, /. It concerns ; it benefits. Interest reipublicse, it is 
 of public importance, ne maleficia remaneant impunita, 
 that crimes should not remain unpunished ; ne sua quis male 
 utatur, that no one make bad use of his property ; quod homi- 
 nes conserventur, that the [lives of] men be preserved ; res 
 judicatas non rescind!, that things once adjudged should not 
 be rescinded ; suprema hominum testamenta rata haberi, 
 that men's last wills be held valid ; ut carceres sint in tuto, 
 that prisons be secure ; ut finis sit litium, that there should be 
 an end of suits. 
 
 Interlocutio, I. Imparlance. 
 
 Interlocutor. Scotch, an order or decree of court. 
 
 Interlocutory. Immediate ; temporary, v. Decree, Costs. 
 
 Intern. To restrict a person within a certain territory as a political 
 prisoner. 
 
 International la'w. Customs and precedents affecting intercourse 
 between nations, or persons of different nations, and sanctioned 
 by usage or approval of nations generally. International 
 private law, or Private international law : the law of the 
 appUcation of the laws of one nation, as to civil or private rights. 
 
INTERPLEADER — IRROTULATIO 173 
 
 •within tlie courts of another nation; the rules of the "conflict 
 of laws." So International public law, when applied to pub- 
 lic or criminal cases. 
 
 Interpleader, v. Sill, I. 7. 
 
 Interpret, v. Construe. 
 
 Interpretatio chartarum benigne facienda est ut res magis 
 valeat quam pereat, I. The interpretation of deeds is to be 
 liberal, that the thing may rather have effect than fail. 
 
 Interrogatories. Questions in writing administered to a party or 
 a witness. 
 
 Interruptio, I. Interruption, interference ; as of a prescription. 
 
 Intestate. A person deceased without a valid wUl. 
 
 Intra, I. Within. Intra moenia: within the walls, domestic 
 Intra parietes (between the walls) : among friends, out of court, 
 Intra quatuor maria : within the four seas. 
 
 Intromission. Assuming authority 'over another's property^ 
 whether lawfully or not. 
 
 Intrusion. The entry of a stranger on land, at the death of a free 
 hold tenant, to the prejudice of him in remainder or reversion, 
 V. Wril of Entry, Information. 
 
 Intuitu matrimonii, mortis, I. In contemplation of marriage, 
 death. 
 
 Invadiare, /. To pledge or mortgage. Invadiatio: a gage, 
 pledge. 
 
 Invecta et illata, I. Things brought and carried in ; a tenant's 
 furniture. 
 
 Inveniendo, /. Finding ; a word used in reserving rent. Inven- 
 tus : found. 
 
 Investiture. Giving possession, whether of a fee or benefice. 
 
 Invito, /. Unwilling. Invito beneficium non datur : a benefit 
 is not [may not be] given to a man against his will. Invito 
 domino, debitore : against the vriU of the lord, the debtor. 
 
 Ipse, /. He; himself; the same. Ipsissimia verbis: in the 
 very words. Ipso facto : by the fact itself. Ipso jure : by 
 the law itself, by the same law. 
 
 Ire ad largum, I. To go at large. 
 
 Irritancy. Scotch, a becoming void, null. 
 
 Irritus, I. Void ; invaUd ; in vain. 
 
 Irrotulatio, irrotulamentum, /. An enrolment, roll, record. 
 
174 IS — JOINDER 
 
 Is qui cognoscit, I. The cognizor. Is oul cognoscitur : the 
 
 cognizee. 
 
 lasint, fr. So; thus. 
 
 Issuable. Traversable ; producing an issue. 
 
 Issue. 1. A single point, developed by the pleadings, on which 
 an action turns, which may be of fact or la'vir. 2. Descend- 
 ants, in general ; [in a will] heirs, children. 3. v. General Issue. 
 4. Issues, profits. 
 
 Ita, /. So, thus. Ita lex Bcripta est : so the law is written. Ita 
 quod : so that. Ita semper &at relatio ut valeat dispo- 
 sltio : let the reference be always so made that the disposition 
 may be valid. Ita te Deus adjuvet: so help you God. 
 
 Item, I. Also ; a single charge in an account. 
 
 Iter, I. Way ; path ; right of way ; journey ; the circuit of a 
 judge ; V. Assize, 'Eyre. Itinera : eyres, circuits. In itinere : 
 on the way. Itinerautes : travelling, in eyre. 
 
 Ja, fr. Yet ; now. Ja demains : furthermore. Ja soit que : 
 
 although. 
 Jacere, /. To lie. Jacens : lying, in abeyance ; v. Hareditas. 
 
 Jacet in ore : it lies in the mouth. 
 Jactitation of marriage. A boasting of marriage, v. Cama. 
 Jactura, /. Jettison, loss h-^ jettison. 
 Jactus, I. Jettison ; thrown, cast, defeated ; ject. 
 Jail. V. Gaol. 
 
 3ect,/r. Cast; overthrown; defeated; cast, computed. 
 Jeo, fr. I. Jeo ay, done, soy, guarantise : I have, give, am, 
 
 warrant. 
 Jeofail, /r. An oversight or mistake in pleading. 
 Jeofails, Statute of A statute giving liberty to amend errors m 
 
 pleading ; and particularly the 14 Edw. III., st. 2, c. 6. 
 Jetsom, jettison, v. Flotsam. Part of the cargo thrown over to 
 
 lighten the ship. 
 Jocus partitus, I. A divided hazard ; an old method of settling a 
 
 case upon a chance. 
 Joinder. A uniting together, meeting. Joinder in demurrer, 
 
JOINT — JUDGMENT 175 
 
 or of issue ; the pleading answering and accepting a demurrer 
 or issue, a similiter. 
 
 Joint. United ; combined ; shared ; the reverse of several. Joint 
 action: one in which two or more parties are joined as plain- 
 tiifs. Joint bond : one entered into by two or more obligors, 
 which can be enforced only by action against them all together. 
 Joint stock company: a kind of extended partnership, 
 formed by voluntary association without a charter or patent, 
 iu which the capital is divided into shares which may be assigned 
 without the express consent of the other members. 
 
 Joint tenants. When two or more persons acquire land at the 
 same time by the same title, other than by descent, they hold it in 
 a joint tenancy. Each is seised of the whole, per my et per tout, 
 as well as the half; there is right of survivorship, but no dower 
 or curtesy; and there must be the four unities of possession, 
 title, time, and interest, v. Coparcenary, Common. 
 
 Jointure. An estate settled before marriage upon the husband and 
 wife jointly; or limited to the wife after the death of the hus- 
 band, to be enjoyed by her in Ueu of dower. 
 
 Jour,//-. A day. Jour en banc: 9, day in bank. 
 
 Journfee,/r. A court day. 
 
 Journeys accounts. The name of a writ sued out of Chancery 
 as soon as possible after the abatement of a former writ, and 
 which had effect as a continuance of the first. 
 
 Judes, /. A judge. Judex a quo, ad quern, v. A quo. Judex 
 sequitatem semper spectari debet : a judge ought always to 
 regard equity. Judex est lex loquens : a judge is the law 
 speaking. Judex non reddit plus quam quod petens ipse 
 requirit : a judge does not give more than the plaiutiif himself 
 demands. Judici officium suum excedenti non paretur : 
 a judge exceeding his office is not to be obeyed. Judicis est 
 jus dicere, non dare : it is the duty of a judge to expound law, 
 not to make it. 
 
 Judgment debt. A debt due under a judgment. Judgment note: 
 a promissory note, containing, in addition to the usual contents, 
 a power of attorney authorizing confession of judgment against 
 the maker, upon default of payment. Judgment nisi : a judg- 
 ment to become absolute unless the court shall within the first 
 four days of the next term order otherwise ; giving the defeated 
 
176 JUDGMENT — JUGE 
 
 party four days to move against the judgment. Judgment 
 paper: in Englisli practice, a sheet containing an incipitur 
 of the pleadings in an action at law, upon which final judgment 
 is signed by the master. Judgment record or roll : a formal 
 systematic transcript or parchment of the proceedings in an 
 action at law leading up to the judgment, and the judgment ; 
 the authentic official record, composed of the various entries in 
 order, signed and filed and docketed in the treasury of the court. 
 
 Judicandum est legibus, uon ezempUs, I. Judgment is to be 
 given according to laws, not precedents. 
 
 Judicature Acts. The statutes regarding the Supreme Court of 
 Judicature, and particularly the 36 & 37 Vict. c. 66, changing the 
 entire organization of the English courts, v. Court, 29. See 
 also 37 & 38 Vict. c. 83; 38 & 39 Vict. c. 77; 39 & 40 Vict. 
 c. 59; 40 & 41 Vict. c. 9 ; and, for Ireland, 40 & 41 Vict. c. 57. 
 
 Judicia posteriora sunt In lege fortiora, I. The later judg- 
 ments are in law the stronger. 
 
 Judicial admission or confession. One made voluntarily in 
 court or before a magistrate. Judicial Committee of the 
 Privy Council: v. Court, 14, 89. Judicial sale: a sale by 
 order of court; under judicial authority, by an ofBcer legally 
 authorized. Judicial separation : a kind of limited divorce, 
 in which the parties are not allowed to marry again. Judicial 
 ■writ: V. Writ. 
 
 Judicio sisti, /. A caution, or security, given in Scotch courts for 
 the defendant to abide judgment within the jurisdiction. 
 
 Judicium, /. A court ; an action ; legal authority ; a verdict ; a 
 judgment. Judicium a non suo judice datum nullius est 
 momenti: a judgment given by one not the proper judge is of 
 no authority. Judicium capitale : judgment of death. Judi- 
 cium Dei : judgment of God, a term applied to the ordeals. 
 Judicium aquae, ferri, ignis: the ortfear by water, iron, or 
 fire. Judicium parium : judgment of peers, by one's peers. 
 Judicium redditur in invitum in praesumptione legis: 
 judgment in presumption of law is given agamst an unwUUng 
 party. 
 
 Juge de paix,/r. In France, an inferior, or police, judge. Juge 
 d'instruction : an officer who receives the complaint, examines 
 the witnesses, and draws up the accusation in criminal cases. 
 
JTJGUM— JURY 177 
 
 Jugum terras, /. A yoke of land, half a ploughland. 
 
 Jura, ;. Rights ; laws ; v. Jm. Jura ad rem : rights to a thing, 
 ia personam, against a person. Jura eodem modo destitu- 
 untur quo constituuntur : laws are abrogated in the same 
 manner in which they are enacted. Jura publica auteferenda 
 privatis : public rights are to be preferred to private. Jura 
 summi imperii : rights of sovereignty. Jura in re : rights in 
 a thing, either partial rights or ownership; v. Jus. Juria 
 regalia, regia: royal rights. 
 
 Juramentum, I. An oath. 
 
 Jurare, I. To swear, make oath. Jurat (he s-wears) : the mem- 
 orandum at the foot of an affidavit showing when, where, and 
 before whom it was sworn. 
 
 Jurata, /. A jury. 
 
 Jurator, ;. A juryman. Juratores sunt judices facti: the 
 jurymen are the judges of fact. 
 
 Jure, I. In right; by right; in law; v. Jus, Jura. Jure belli,, 
 civili, etc. ; v. Jus. Jure uzoris : in the right of the wife. 
 
 Juridical. Belonging to law ; of law. 
 
 Juris, I. Of law ; of right ; v. Jus, Jura, Jure. Juris prsecepta 
 sunt hoc : the precepts of law are this. Juris et de jjire (of 
 law and by law) : a term applied to conclusive, irrebuttable 
 presumptions. Juris et seisinse conjunction:, the union of 
 legal right and seisin. Juris utrum : " a parson's writ of right " 
 to recover lands alienated by his predecessor; v. Assize.. 
 
 Jurisdictio, I. Jurisdiction ; authority to judge or legislate. Plea 
 to the jurisdiction : v. Plea. 
 
 Juristic act. One intended to have a legal effect. 
 
 Jury. 1. A number of men appointed by judicial or ofScial au- 
 thority to determine a question of fact. 2. A jury of twelve 
 appointed by the sheriff, to try civil and criminal oases in court ; 
 the petit or ■petty jury. Grand jury: a body of from twelve to 
 twenty-three men convened by the sheriff at all assizes or courts 
 to inquire into the evidence against accused persons, and see 
 that there is a just probability of their guilt ; v. BiW, I. 6: 
 Common jury: the orAirarj petiy jury, as distinguished from a 
 special jury, a jury composed of members of a certain degree, 
 as freeholders, merchants, etc. ; or a struck jury, a jury chosen 
 from a selected list of forty-eight, of which twelve names are 
 12 
 
178 JURY— JUS ET 
 
 struck out by each party. Sheriff's jury: a jury summoned by 
 a sheriff for trial of an inquiry, or making an inquest or inquest 
 of office. Coroner's jury: a jury appointed by a coroner to 
 inquire into a sudden death. Jury process: the process of 
 summoning a jury by venire facias, and compelling their attend- 
 ance by distringas or habeas corpora jaratorum. Jury of ma- 
 trons was impanelled to judge of a woman's pregnancy in cases 
 where she was condemned to death, and pleaded pregnancy ; or 
 on a writ de ventre inspiciendo. Jury de Medietate Linguae : 
 V. Be, Bilinguis. 
 Jus, I. Right ; justice ; law. v. Jura, Jure, Juris. Jus abu- 
 tendi (the right to abuse) : the right to use as one Kkes, 
 absolute ownership. Jus accrescendi : the right of survivor- 
 ship [as in joint property, on the death of one owner, when the 
 other has the whole]. Jus accrescendi inter mercatores, 
 pro bene&cio commercii, locum non habet : for the bene- 
 fit of commerce, the right of survivorship has no existence 
 among merchants. Jus accrescendi praefertur oneribus : 
 the right of survivorship is preferred to incumbrances, or ultimo 
 voluntati, to the last will. Jus ad rem : a right to a thing 
 (in the civil law) ; a personal right, a right founded on contract. 
 A right to the possession of a thing (in the canon law) ; an in- 
 choate or imperfect right. A right to a thing (in the common 
 law) as distinguished from jus in re, a right without possession. 
 Jus aesneciae : the right of primogeniture. Jus angarise : v. 
 Angaria. Jus aquam ducendi: the right of leading water 
 [over another's land]. Jus banci (the^ right of bench): the 
 right of haTiug a high seat of justice, allowed only to tlie King's 
 justices. Jus belli : the law of war. Jus canonicum, the 
 canon law ; civile, the civil law ; v. Corpus juris. Canon law. 
 Civil law. Jus civitatis : the right of citizenship. Jus com- 
 mune : the common law ; common right. Jus cudendae mo- 
 netae : the right of coining money. Jus cnrialitatis : the right 
 of curtesy of Ungland. Jus dare : to make law. Jus delibe- 
 randi: the right of deUberating. In Scotland, the right of the 
 heir to consider for a year whether he will take up the succes- 
 sion. Jus dicere : to declare the law. Jus disponendi : the 
 right of disposing, of disposition. Jus duplicatum : a double 
 right, droit droit. Jus et fraus nunquam cohabitant : justice 
 
JUS EX— JUSTICE 179 
 
 and fraud never dwell togetlier. Jus ex injuria non oritur : 
 a rigLt cannot arise from a wrong. Jus fiduciarium : a right 
 in trust, a moral right. Jus fodiendi: a riglit of digging. 
 Jus gentivun: the law of nations. Jus habendi et reti- 
 nendi : the right to have and retain the profits, tithes, and offer- 
 ings of a rectory or parsonage. Jus liauriendi : the right of 
 drawing water. Jus in re : in Roman law, a right in a thing ; 
 a right of property availing against all the world, and particu- 
 larly of an easement or servitude ; droit droit, a right of prop- 
 erty coupled with possassion. So also Jus in rem : a real right, 
 a right in the thing itself; v. Ad rem, Jus ad rem. Jus in per- 
 sonam : a right against a person or particular class of persons ; 
 a personal right, a right founded on contract, or the act of an- 
 other person. Jus legitimum : a legal riglrt ; enforceable at 
 law. Jus mariti : the right of a husband ; as, to his wife's 
 movables. Jus merum : bare right [without possession or right 
 thereto]. Jus naturae: the law of nature. Jus naturale: 
 natural law. Jus non scriptum : the unwritten law. Jus 
 pascendi : right of pasture. Jus patronatus : 1. The right of 
 patronage or presentation to a benefice. 2. A commission from 
 the bishop awarded when two rival presentations are made to 
 him upon the same avoidance, and directed to the bishop's chan- 
 cellor and others of competent learning, who are to summon a 
 jury of six clergymen and six laymen to determine who is the 
 rightful patron. Jus possessionis : right of possession. Jus 
 postliminii: the right of the owner to reclaim property after 
 recapture in war. Jus precarium: a right existing only in 
 curtesy, precarious. Jus presentationis : v. Jus patronatus, 1. 
 Jus proprietatis : the right of property. Jus publicum 
 privatorum pactis mutari non potest : a public right can- 
 not be altered by the agreements of private persons. Jus relic- 
 tse : the right of a widow in her deceased husband's personal 
 goods ; anciently, one half, or one third if there were children. 
 Jus scriptum: the written law. Jus tertii: the right of a 
 third party. Jus utendi : the right to use a thing, the opposite 
 of jus abutendi. 
 
 Jusjurandum, I. An oath. 
 
 Justice. A judge of a law court. Justices of assize : appointed 
 to try writs of assize. Judges of the superior courts in England, 
 
180 JUSTICES — KING'S 
 
 sent twice every year to try causes in their respective counties. 
 Justices of the Bench : justices of tlie Common Fleas. Jus- 
 tices in Eyre : v. Eyre. Justice of the Forest : appointed 
 to hold the court Oii justice-seat ; v. Court, 78. Justices of 
 the Peace: county magistrates of limited civil and criminal 
 jurisdiction; v. Quorum, Court, 100, 112. Justice of Oaol 
 Delivery, Assize, Nisi Prius, Oyer and Terminer: see those 
 titles ; V. Assize, Commission. Lord Justice ; v. Lord. 
 
 Justiciar. Justice. The Chief Justiciar, in ancient times the sec- 
 ond person in the kingdom ; later, the' Chief Justice of the K. B. 
 
 Justiciary Court, v. Court, 96. 
 
 Jttsticies. An aucient special writ, empowering the sheriff to try 
 a matter in a county court, although over 40 s. were involved. 
 
 Justifying bail. Showing the sufficiency of bail. 
 
 Justitia nee differenda nee neganda est, I. Justice is not to 
 be denied or delayed. 
 
 Justitiarius, /. Justiciar, justice. Justiciarii itinerantes : jus- 
 tices in eyre. Justiciarii residentes: justices resident at 
 Westminster. 
 
 Juzta, I. According to. Juzta formam statuti: according to 
 the form of the statute. Juzta tenorem sequentem : accord- 
 ing to the following tenor. 
 
 K. 
 
 K. B. The King's Bench, v. Cmrt, 8. 
 
 Keelage. The right of exacting a toll from ships in a harbor; the 
 money so paid. 
 
 Keeper of the Forest. The warden- or chief officer of & forest. 
 Keeper of the Great Seal ; v. Lord. 
 
 Kenning to a terce, sc. The assignment of a dower by a sheriff. 
 
 Kiddle. A dam or wear with a fish-way cut in it. 
 
 Kin. Relations or relationship by blood. 
 
 King's Bench, v. Court, 8. King's Bench Division : v. Court, 
 22. King's Council: v. Court, 6. King's Court: v. Court, 
 2, 115. King's silver: money formerly paid in the C. P. for 
 the licentitt coneordandi in levying a, fine. King's counsel: 
 V. Queen's Counsel. 
 
KIRBY'S — LANDBOC 181 
 
 Kirby's quest. The record of a survey of all the lands in Eng- 
 land made in the reign of Edward I. 
 
 Knight-service. Tenure iu chivalry; y. Tenure, Feud. Tenure 
 by military, uncertain services ; or by paying escuage. 
 
 Knight's fee. So much land as was considered sufBcient to main- 
 tain a knight (twelve ploughlands) ; the possessor of such an 
 estate was formerly obliged to be knighted and attend the King 
 in wars or pay escuage. 
 
 Elnights of the shire. Two members of Parliament, elected to 
 represent each county at large. 
 
 L. S., Locus sigilli, I. The place for a seal. 
 
 TjShfr- There. La ou : whereas. 
 
 Label. A narrow strip of paper or parchment affixed to an instru- 
 ment for an appending seal. In the Exchequer, the copy of a 
 writ. 
 
 Laborers, Statutes ot The 23 Edw. III., 12 Rich. II., 5 Eliz. 
 c. 4, and 26 & 27 Vict. c. 125, making regulations as to laborers, 
 apprentices, beggars, servants, etc. 
 
 Lacerta, /. A fathom. 
 
 Laches. Negligence. 
 
 Lading, Bill of. v. Bill, III., 5. 
 
 Lsesa majestas, /. High treason (injured majesty). 
 
 Lsesione fidei, pro, /. Suits for breach of contract, brought an- 
 ciently in the ecclesiastical courts, but forbidden by the Consti- 
 tutions of Clarendon. 
 
 Lag, sax., Laga, /. Law. 
 
 Lagan, sax. Goods found floating in the sea at a distance from the 
 shore. 
 
 Lage. Law. Lageman : a good and lawful man. 
 • Laicus, L, Lai, fr. Lay, layman. Lais gents : laymen, a jury. 
 
 Laisser aller./r. (To let it go.) Let it alone, let things take 
 'their course. 
 
 Laity. The lay part of the people, v. lay. 
 
 Lancaster, v. County Palatine, Court, 69. 
 
 Landboc, sax. A charter or deed by which lands are given or held. 
 
182 LANDCHEAP — LATRO 
 
 Landcheap. A fine paid by custom on the alienation of land 
 
 within certain manors and liberties. 
 Land-gable. A land tax or rent ; a quitrent. 
 Langemanni, I. Lords of manors. 
 
 Lauguidus in prisona, I. Sick in prison ; a sheriff's retam to a 
 capias. 
 
 Lapse. A slip, omission; the forfeiture of a right to present to 
 a benefice by the patron's negligence, The failure of a testa- 
 mentary disposition by reason of the death of the legatee before 
 the testator ; a lapsed devise or legacy. 
 
 Larceny. The forcible or fraudulent taking and carrying away the 
 goods of another, with intent to convert them to one's own prop- 
 erty. If the taking be lawful, the carrying away was formerly 
 embezzlement ; but is now made by statute, in some cases, lar- 
 ceny. If openly, from the person, by force or "fear, it is rob- 
 bery. If money be taken under color of office,*or.by ofBcial 
 oppression and threats, it is extortion. If from the person, in a 
 dwelling-house (in the daytime, v. Burglary), or on a wharf, it is 
 compound or mixed larceny ; as distinguished from simple 
 larceny, which covers ordinary cases of theft. There was for- 
 merly also a distinction between grand and petit larceny, 
 turning on the value of the goods stolen. If the owner intend 
 to part with the entire right of property, it is obtaining goods 
 under false pretences ; if he merely intend to relinquish pos- 
 session, it is stiU larceny ; the goods in both cases being obtained 
 by fraud. 
 
 Larcyn,^. Larceny; robbery. 
 
 Large, k,fr: At large. Mettre k large : to set at liberty. 
 
 Laron,^. A thief. 
 
 Last heir. He to whom lands escheat for want of lawful heirs, 
 that is, the chief lord or the King. 
 
 Lata culpa dolo sequiparatur. Gross fault is put on a level 
 with fraud. 
 
 Latens, I. Latent ; not apparent. Latens ambiguitas : an am- 
 biguity not evident, not on the surface. 
 
 Lathe. A division of a county, containing several hundreds. 
 
 Latitare, I. To lie hid. Latitat; v. Bill, I. 8. 
 
 Latori prsesentium, /. To the bearer of these presents. 
 
 Latro, I. A thief. Latrocinium : larceny. 
 
LATU — LE 183 
 
 Latu sensu, /. In a wide sense. 
 Laudibus Iiegum Anglise, de. t. Fortescue. 
 Law. For Abnormal, Adjective, Agrarian, Brehon, Canon, Civil, 
 Codes Napoleon and Civile, Consolato del Mare, Crown, Ecclesi- 
 astical, Ex post facto, International, Marque, Martial, Military, 
 Municipal, Normal, Oleron, Positive, Private, Public, Rhodian, 
 Salic, Spiritual, Substantive law, see those titles. Law borgh, 
 so. -. a pledge for a party's appearance. Law-burrows, sc. . 
 security to keep the peace. Law day : a day of open court ; 
 a day fixed for the payment of a bond debt. Law lords : peers 
 who have held high judicial office, or have been distinguished 
 in the legal profession. Law merchant, commercial la.'w, 
 the law of merchants, lav7 of the staple : the law prevail- 
 ing generally as to commercial matters, mercantile paper, etc., 
 among merchants throughout the civilized world. Law of the 
 land : due process of law. Law of nations : 1. The Jus 
 gentium of the Romans; laws common to the civilized world. 
 2. International law. Wager of Law: v. Comjpurgatores, 
 Wager. 
 Law^e. A hill. t 
 
 Lawful. Legal, having the qualifications prescribed by law. 
 Lawful man : a man free and capable of bearing oath, unat- 
 tainted. 
 Lawing of dogs. Expeditation; cutting out the ball or claws of 
 
 a dog's foot, that he might not chase deer. 
 Lawless Court. A court held on King's-hill, Rochford, Essex, on 
 Wednesday after old Michaelmas day, at cock-crowing. They 
 speak in whispers, have no candle, nor pen and ink, but a coal ; 
 and he that owes suit and semce forfeits double rent for each 
 hour that he is missing. The court still exists. 
 Lawnde, lounde. A plain between woods. 
 Lay. 1. Not clerical, not ecclesiastical. A layman. Lay corpo- 
 ration : V. Corporation. Lay fee : a fee lield by secular, not 
 religious services. Lays gents : laymen, a jury. Lay impro- 
 'priator : v. Impropriation. 2. To state or allege in pleading. 
 Lay days. Days allowed in charter-parties for loading or un- 
 loading. 
 Le, Les,/r. The. Lesquel: the which. Le roi le veut (the 
 King wills it) : the form of royal assent to a bUl in Parliament. 
 
184 LE — LEGIBUS 
 
 Le roy s'aTisera (the King will consider) : the form of dissent 
 to a bill. Le salut du peuple est la supreme loi : the public 
 welfare is the highest law. 
 
 Lea, ley. A pasture. 
 
 Leading a use. v. Deeds to lead a use. Leading question : one 
 so framed as to suggest the answer. 
 
 Leal, fr. Loyal. Lealte : legality, loyalty. 
 
 Lease. A conveyance of an estate in lands or hereditaments, less 
 than that possessed by the grantor, for hfe, years, or at will. 
 
 Lease and release. A species of conveyance in England, based 
 upon the Statute of Uses, and evading livery of seisin and enrol- 
 ment. 
 
 Leet. v. Court, 32. 
 
 Legacy. A bequest of goods or chattels ; v. Bequeath ; a gift by 
 last will. A general legacy is one payable out of any assets ; 
 a specific legacy is a legacy of a particular piece of property ; 
 a demonstrative legacy is one directed to be paid out of a 
 particular fund. A cumulative legacy : one given in addition 
 to, not in lieu of, one given before. A lapsed legacy : v. Lapse. 
 A residuary legacy : a bequest of all the testator's personal 
 estate not otherwise disposed of by the will. 
 
 Legal assets, v. Assets. Legal estate : one held by legal title, 
 enforceable in a court of common law ; not equitable. Legal 
 memory : runs back to the beginning of the reign of Richard I. 
 
 Legalis homo, I. A lawful man. 
 
 Legem amittere, I. To lose one's law, one's privilege of being ad- 
 mitted to oath. Legem facere : to make oath ; to wage law ; 
 v. Wager. Legem habere : to have law, to be capable of giving 
 evidence upon oath. 
 
 Leges, /. Laws. Leges figeudi et reiigendi consuetude est 
 periculosissima : the practice of making and remaking law 
 is most dangerous. Leges posteriores priores contrarias 
 abrogant: later laws abrogate prior laws which are contrary 
 to them. Leges scriptae, non scriptas : written, unwritten 
 laws. Leges sub graviori lege : laws under a weightier law. 
 Leges vigilantibus non dormientibus subveniunt : laws 
 are for the aid of those who are diligent, not those who sleep 
 upon their rights. 
 
 Legibus solutus, I. Not bound by the laws, released from law, 
 
LEGISPERITUS — LEVAUI 185 
 
 above law. Legis constructio non faoit injuriam : the con- 
 struction of law works no wrong. 
 
 Legisperitus, I. Learned in the law. 
 
 Legit vel non ? I. Does he read or no ? Legit ut clericus : 
 he reads like a clerk. A question to, and answer of, the ordi- 
 nary, when a prisoner claimed benefit of clergy. 
 
 Legitim. In Scotch law, the children's share in the father's mov- 
 ables. 
 
 Legitima potestcis, ;. (Lawful power.) Liege poustie. 
 
 Lei, leie,//-. Law. 
 
 Leonina societas, /. The lion's partnership, a partnership where 
 one party gets all the advantage. 
 
 Les lois ne se chargent de punir que les actions ezt^rieures, 
 fr. Laws only attempt to punish outward acts. 
 
 Lese majesty. High treason. 
 
 Lessor of the plaintiff The real plaintiff in ejectment. 
 
 Let. 1. To demise, lease. 2. To deliver. 3. Hindrance, inter- 
 ruption. 
 
 Letter-missive. 1. A letter from the King to a dean and chapter 
 containing the name of the person whom he would have them 
 elect as bishop. 2. A letter sent by the Lord Chancellor to a 
 peer who is made the defendant to a bill in Chancery, to request 
 his appearance. 
 
 Letters. An instrument giving authority : a written appointment 
 or authority by, and under the seal of, a court. Letters of 
 administration, attorney, marque and reprisal, close or 
 clause, patent : see those titles. Letters of credit, of ex- 
 change ; V. BUI, III. 2, 4. Letters of request : a mode of 
 beginning a suit originally in the Court of Arches, instead of the 
 Consistory Court. Letters testamentary: the instrument of 
 authority and appointment, given an executor by the proper 
 court. 
 
 Levandse navis causa, I. Por the purpose of lightening the ship. 
 
 Levant et couohant,/r., Levantes et cubantes, /. (Rising up 
 and lying down.) A term applied to trespassing cattle who have 
 been long enough on the land to have lain down and risen up to 
 feed, — one night, or a night and day, — until which time they 
 could not, in certain cases, be distrained. 
 
 Levari facias, I. An old writ directing the sheriff to levy execu- 
 
186 LEVARI — LEX MERCATORL&. 
 
 tion against a judgment debtor out of bis goods and the profits 
 of his land ; superseded h^ fieri facias and elegit. 
 
 Levis culpa, I. Slight negUgence or fault. 
 
 Levitical degrees. Those degrees of kindred set forth in the 
 eighteenth chapter of Leviticus, within which marriage is forbid- 
 den by the English and American law. 
 
 Levy. 1. To raise. 2. To execute. 3. To collect, take or seize. 
 
 Lez, I. Law. lies agraria : an agrarian law. Lez aliquando 
 sequitur aequitatem: the law sometimes follows equity. Lex 
 Anglise, anglicana: the law, or curtesy, of England. Lex 
 Angliee non patitur absurdum : the law of England will not 
 suffer an absurdity. Lex Angliae sine Parliamento mutari 
 non potest: the law of England cannot be altered without 
 Parliament. Lex apparens (manifest law) : trial by ordeal or 
 battel. Lex citius tolerare vult privatum damnum quam 
 publicum malum: the law will rather suffer a private loss 
 than a public ill. Lex communis : the common law. Lex 
 contractus: the law of [made by] the contract. Lex de&cere 
 non debet in justitia exMbenda : the law ought not to fail 
 in showing justice. Lex domicilii : the law of the domicil. 
 Lex est ab seterno : law is from everlasting. Lex est nor- 
 ma recti : law is a rule of right. Lex est ratio summa, quae 
 jubet quae sunt utilia et necessaria, et contraria prohibet: 
 law is the highest reason, which ordains what is useful and neces- 
 sary, and forbids the contrary. Lex et consuetude Parlia- 
 menti : the law and custom of Parliament. Lex favet doti : 
 the law favors dower. Lex feudi : the law of the fee. Lex 
 fingit ubi subsistit sequitas : the law feigns [makes a fiction] 
 where equity exists [in a case where equity requires it]. Lex 
 fori : the law of the court [where the remedy is sought]. Lex 
 judicat de rebus necessario faciendis quasi de re ipsa 
 factis : the law judges of things necessarily to be done as if done 
 in fact. Lex ligeantiae : the law of [the countij to which one 
 owes] allegiance. Lex loci : the law of the place. Lex loci 
 contractus, delictus, actus : the law of the place where the 
 contract, crime, act, took place. Lex loci rei sitae : the law 
 of the place where the thing is situated. Lex loci solu- 
 tionis: the law of the place of payment. Lex manifesta: 
 manifest law; v. Lex apparens. Lex mercatoria: the law 
 
■LEX NECESSITATIS— LIBER 187 
 
 Iiez necessitatis est lex temporis: the law of 
 necessity is the law of the moment. Lex neminem cogit 
 ad vana seu inutilia : the law compels no one to do vain or 
 useless things. Lex neminem cogit ostendere quod ne- 
 scire prsesumitur : the law forces no one to show what he is 
 presumed not to know. Lex nemini operatur iniquum : the 
 law works injustice to no one. Lex nil frustra facit : the law 
 will do (does) nothing in vain. Lex non cogit ad impossi- 
 bilia: the law does not force [one to do] impossible things. 
 Lex non curat de minimis: the law takes no account of 
 trifles. Lex non favet votis delicatorum : the law does not 
 consider the wishes of the fastidious. Lex non patitur frac- 
 tiones et divisiones statutorum: the law suffers not fractions 
 and divisions of statutes. Lex non requirit verificari quod 
 apparet curiae : the law does not require proof of that which 
 is apparent to the court. Lex non scripta : the unwritten law. 
 Lex patriae : the law of one's country. Lex plus laudatur 
 quando ratione probatur : the law is most worthy of praise 
 when consonant with reason. Lex posterior derogat priori : 
 a prior statute shall give place to a later one. Lex rejicit su- 
 perflua, pugnantia, incongrna : the law rejects things super- 
 fluous, contradictory, incongruous. Lex reprobat moram: 
 the law reproves delay. Lex respicit aequitatem : the law 
 regards equity. Lex scripta : the written law. Lex semper 
 dabit remedivfan: the law will always give a remedy. Lex 
 semper intendit quod oonvenit ration! : the law always 
 intends what is agreeable to reason. Lex spectat naturae 
 ordinem: the law regards the order of nature. Lex suc- 
 currit minoribus: the law aids [favors] minors. Lex tali- 
 onis : the law of retaliation. Lex terrse : the law of the land, 
 due process of law. 
 
 Ley,/r. Law; an oath. Ley gager : wager of law. 
 
 Libel. 1. A little book. 2. The first pleading in an ecclesiastical 
 or admiralty cause. 3. Written defamation. To libel : 1. To 
 seize under admiralty process. 2. To defame by published 
 writing. 
 
 Libellus, I. A lidel. Libellus famosus r a defamatory publica- 
 tion. 
 
 Liber, I. 1. A book ; a part of a book. Liber Assisarum (the 
 
188 LIBEE— LICET 
 
 Book of the Assizes) : a collection of cases in assizes, tlie fourth 
 volume of the reports of the reign of Edward III. Iiiber Feu- 
 dorum (the Book of Piefs) : a code of feudal law compiled under 
 Frederic Barbarossa at Milan in 1170. Liber judicialis : the 
 Dome book ; v. Domlec. Liber niger : the Black-book. 
 2. Free. Liber bancus : free bench. Liber et legalis homo : a 
 free and lawful mwa.; a juror. Liber homo: a freeman. Li- 
 bera chasea: free chase. Libera eleemosyna: free alms, 
 frank-almoign. Libera falda : frank fold. Libera lex : v. Lex 
 terrte, frank law. Libera piscaria: free fishery. Libera 
 vrarrena: free warren. Liberum corpus sestimationem 
 non recipit: the body of a freeman does not admit of valuation. 
 LiberuDi maritagium: frank-marriage. Liberum servi- 
 tium : free service. Liberum soccagium : free socage ; v. 
 Socage. Liberum tenementum : fraiik tenement, freehold. 
 
 Liberare, /. 1. To free, set free. 3. To deliver, tender. 
 
 Liberate, I. (Deliver ye.) An old original writ to the Exchequer 
 for the payment of a pension or grant ; or to a sheriff for lands 
 taken on forfeit of a recognizance; or to a gaoler for the delivery 
 of a prisoner, v. Extent, Statute Merchant, Statute Staple, Rec- 
 ognizance. 
 
 Libertas, /. Liberty ; a privilege, exemption, franchise. Libertas 
 non recipit sestimationem : liberty does not admit of valu- 
 ation. 
 
 Liberty. A privilege, held by royal grant or prescription. A 
 place or district wherein certain privileges may be enjoyed ; an 
 extension of a gaol ; an exclusive jurisdiction. 
 
 Licentja concordandi, /. Leave to agree ; v. Fine. Licentia 
 loquendi : leave to speak ; v. Imparlance. 
 
 Licet, /. 1. Although. Licet dispositio de interesse future 
 sit inutilis, tamen potest fieri declaratio prsecedeus quae 
 sortiatur affectum, interveniente novo actu : although the 
 grant of a future interest is invalid, yet a declaration precedent 
 may be made -which will take effect on the intervention of 
 some new act. Lroet ssepe requisitus : although often re- 
 quested. 
 2. It is allowed. Licere : to be lawful. Licitum : lawful. Li- 
 cita bene miscentur, formula nisi juris obstet (lawful 
 acts are well when mingled, unless some form of law forbid) : 
 
LIDrORD — LIMITATIO 189 
 
 the several acts may be done by different parties, and yet the 
 entire transaction take effect. 
 
 Lidford law. Lynch law. 
 
 Lie. To lie. To be available, proper. To lie in : to be capable 
 of, to consist in; v. Corporeal, Bender. Lie in franchise. 
 Waifs, ■wrecks, estrays, and the like, which the persons entitled 
 thereto may seize without the aid of a court, are said to lie iu 
 franchise. Property which passes, and must pass, by deed or 
 charter, such as incorporeal hereditaments, is said to lie in 
 grant; as opposed to fees and freeholds in the land itself, 
 which lie in livery. 
 
 Liege. Bound in fealty; in simple fealty, without services; sov- 
 ereign. V. Homage. Liege poustie, sc. : a state of health 
 which gives one lawful power of disposition; the reverse of 
 death-bed. 
 
 Lien. The right of a possessor or bailee to hold the property of 
 another until some demand is satisfied; a special or particular 
 lien, if the demand arise from the property itself, as by labor or 
 service upon it, and the lien is thus confined to that property ; a 
 general lien, if the demand is general and indefinite, as for a 
 balance of accounts. In equity, a vendor has a vendor's lien 
 for the unpaid purchase money; a vendee has a lien for purchase 
 money paid before tlie conveyance is complete. A mechanic's 
 lien, on land and houses for labor done upon them. Maritime 
 liens: for wages, damages by collision, goods supplied a ship, 
 etc. Equitable, mechanics', and maritime liens exist indepen- 
 dently of possession. 
 
 Lieu-conns, /r. A place well known, of notoriety, as a castle or 
 manor. In lieu: in place of. Lieu-tenant: a substitute, 
 deputy. 
 
 Life-estate, v. Estate. 
 
 Ligan. v. Flotsam. 
 
 Ligiantia, /., Ligeance. Allegiance ; the bond of fealty, fidelity 
 between subject and sovereign. 
 
 Ldgius, A Bound to /e«%; liege; subject; sovereign. 
 
 Lignum, I. Wood ; dead wood, fuel. v. Arbor. 
 
 Limitatio, I. Limitation. Setting a bound or limit; a restric- 
 tion. Words of limitation : words which define or limit the 
 estate a grantee is to take, as distinguished from words of pur- 
 
190 LIMITATION — LITER A 
 
 cbase, which name the grantee or grantees to whom the coHtsj- 
 ance is made. Thus, those who take by consent take under the 
 words of limitation; those who take by purchase, under the words 
 of purchase; v. Descent, Purchase. Limitation of actions: 
 a fixing of a term by law within which actions must be brought, 
 or the right of action wiU be barred. The principal English 
 Statutes of Limitation are the 21 Jac. I. c. 16 and 3 & 4 
 Will. IV. c. 27. See also -37 & 38 Vict. c. 57. Limitation of 
 estates : a limiting or determining an estate by an event, as to 
 A so long as he remained unmarried. If there be a limitation 
 over, which derogates from, or cuts short, the first estate granted, 
 it is a conditional limitation ; as, to A and his heirs, but if 
 he marry, to B. If there be no limitation over, but the estate is 
 cut short upon the happening of the event, it is an estate upon 
 condition; as, to A and his heirs so long as he remain un- 
 married ; V. Conditional limitation. 
 
 Limited company. A joint-stock company with limited liability, 
 where each person cannot be called on to contribute beyond the 
 amount of his shares, except as under § 4 of the 30 & 31 
 Vict. c. 131, providing that the liability of the directors or man- 
 agers may be unlimited. Limited Divorce, Partnership: see 
 those titles. 
 
 Linea, I. A line ; a line of descent. Linea recta semper prse- 
 fertur transversal! : the direct line is always preferred to the 
 collateral. 
 
 LineaL In a direct line ; from parent to child. Lineal warranty: 
 a warranty of land made by a person in the Hue of title, or who 
 might have been heir. v. Collateral. 
 
 Liquere, I. To be clear. Liquet satis : it is sufficiently clear. 
 
 Liquidated. Cleared away ; settled; y. Damages. Liquidation: 
 the winding up of an insolvent firm or company. 
 
 Lis, I. A dispute, controversy ; a suit. Lis mota : a controversy 
 begun [before suit] ; suit brought. Lis pendens : a suit pend- 
 ing; that legal process, in a suit regarding land, which amounts 
 to legal notice to all the world that there is dispute as 1o the 
 title ; in equity, the filing of the bill and serving a subpoena 
 creates a lis pendens, except when statutes require some record. 
 
 Litera, I. A letter ; the letter [as distinguished from the spirit of 
 a document]. Litera acquietantiee : a letter of acquittance. 
 
LITIGIOUS — LOCATION 191 
 
 Litera ezccimbii : a bill of exchange. Litera sciipta ma- 
 net : the written letter lasts. Literae clausse : close writs. 
 Literee patentes : open writs ; letters patent. Iiiterse procu- 
 ratorise: letters of attorney. Literae recognitionis : a bill 
 of lading. Literae sigUlatae : sealed letters ; the return of a 
 sheriff. 
 
 Litigious right. One which can only be asserted by a suit. 
 
 Litis contestatio, /. In civil and canon law, the issue, the coming 
 to an issue, in pleading. In ecclesiastical courts, the general 
 answer and denial of the defendant. 
 
 Littleton. A judge of the reign of Edward IV. who wrote a trea- 
 tise upon tenures, upon which Coke, C. J. wrote an extensive 
 comment. 
 
 Littoral. Belonging to the shore ; on the sea-shore. 
 
 Littus maris, I. The sea-shore. 
 
 Livery. Delivery. A writ for the heir in knight-service to recover 
 his lands ; v. Ousterlemain. Livery of seisin : the ceremony of 
 delivery of corporeal possession of lands and tenements by 
 the grantor to the grantee. The grantor or his attorney went 
 upon the land and there delivered a twig, latch, key, or other 
 symbol, in the name of the seisin. Jjivery in laTv was when 
 they did not enter, but performed the ceremony in sight of the 
 land. 
 
 Livre,/r. A book ; a pound. 
 
 Lloyd's. An association in the city of London, the members of 
 which underwrite each other's policies. Lloyd's bonds : ad- 
 missions of indebtedness, issued under the seal of a company, 
 with a covenant to pay at some future time. 
 
 Local action, v. Action. ' 
 
 Locare, I. To let for hire. Locatio: a letting. Locatio-con- 
 ductio : a letting and hiring, a compound word expressing the 
 transaction on both sides. Locatio custodise : a bailment for 
 reward for safe-keeping. Locatio rei : the letting of a thing. 
 Locatio operarum: a letting of services. Locatio operis 
 faciendi : a letting of a thing for the purpose of having work 
 performed upon it. Locatio operis mercium vehendarum : 
 a bailment of goods to be transported. 
 
 Location. The designation of the boundaries and position of land 
 from a point of survey. Locative calls : v. Culls. 
 
192 LOCATOU— LORD 
 
 Locator, /. A lessor ; a lender. 
 
 Locus, I. A place. Loco : v. In loco. Locum tenens : a lieu- 
 tenant, substitute. Locum teuere : to hold place ; to be appli- 
 cable. Locus contractus : the place, of the contract. Locus 
 delicti : the place of the crime. Locus in quo : the place in 
 vhich [the trespass was committed]. Locus partitus: a di- 
 vision between two towns or counties to determine where the 
 land in question lies. Locus pcenitentiae (room for repent- 
 ance) : opportunity to retract. Locus regit actum: the place 
 [the law of the place] governs the act. Locus rei sitse : the 
 place where the thing is situated. Locus sigilli: the place for 
 the seal. Locus standi : a right to be heard. ** 
 
 Loij/r. Law. Loial: lawfiil. Loisible : lawful. 
 
 Loier,/r. Reward; fee; rent. 
 
 London Court of BEinkruptcy. v. Court, 50. Loudon and 
 'Westminster Sittings : v. Court, 28. 
 
 Longa possessio est pacts jus, /. Long possession is [gives] a 
 right of peace. Longa possessio parit jus possidendi et 
 tollit actionem vero domino: long possession is equal to 
 right, and deprives the true owner of his action. Longum tern- 
 pus, et longus usus qui excedit memoria homiuum, sufS- 
 cit pro jure: long time and usage beyond the memoij of man 
 sufiBoes for right. 
 
 Loquela, A A plaint; declaration; plea; suit; imparlance. 
 
 Loquendum ut vulgus, sentiendum ut docti, /. Speak like the 
 common people ; think like the learned. 
 
 Lord. 1. A feudal superior, one of whom the tenant holds lands. 
 2. A title of honor applied to peers. 3. A title of office. Lord 
 Admiral, Advocate, Chancellor, Chief Justice, Paramount, Priuy 
 Seal, Treasurer : see those titles. Lords spiritual : the bishops 
 and archbishops in the House of Lords. Lords temporal: 
 the peers having seats in the House of Lords. Lord Cham- 
 berlain, of England, has the government of the palace at 
 Westminster; of the King's House, has authority over the 
 King's wardrobe ; also to license theatres and plays. Lords 
 Justices : two judges appointed under the 14 & 15 Vict. c. 83, 
 to assist the Lord Chancellor in hearing appeals from the Mas- 
 ter of the Rolls and the Vice-Chancellors. They are now judges 
 of the Court of Appeals; v. Court, 18, 26. Lord Keeper of 
 
LORD — LYTTELTON 193 
 
 the Great Seal : ex officio lord and privy-councillor, an office 
 now fused with tliat of Lord Cliaucellor. Lord Lieutenant. 
 1. The Viceroy of the Crown in Ireland. 2. The principal mili- 
 tary officer of a county, appointed by the Crown. Lord 
 Mayor's Court: v. Court, 62. Court of Lord Steward, 
 Treasurer, ComptroUer of the King's Household, Lord 
 Warden of the Stannaries, etc. : v. Court, 54, 53, 46, 67, H. 
 
 Lord Cranworth's Act The 23 & 24 Vict. c. 145, conferring 
 certain general powers upon trustees and mortgagees. 
 
 Lord Denman's Act The 6 & 7 Vict. c. 85, removing the dis- 
 ability of witnesses not parties on ground of interest. 
 
 Lord EUenborough's Act The 43 Geo. III. c. 68, for punishing 
 with death various assaults upon and offences against the person. 
 
 Lord Langdale's Act The Wills Act, 7 Will. IV. & 1 Vict. c. 26. 
 
 Lord Lyndhursts Acts. The 5 & 6 Will. IV. c. 54, making mar- 
 riage within the prohibited degrees void ab initio ; the 7 & 8 
 Vict. c. 45, concerning meeting-houses. 
 
 Lord St Leonards's Acts. The 22 & 23 Vict. c. 35, and 23 
 & 24 Vict. c. 38, for amending the law of property, relieving 
 trustees, etc. 
 
 Lord Tenterden's Act The 9 Geo. IV. c. 14, for the amendment 
 and extension of the Statute of Frauds, etc. 
 
 Lords' Act. The 32 Geo. 11. o. 28, for the relief of insolvent 
 debtors. 
 
 Lors,/A Then. Lorsque : at the time when. 
 
 L°y> />"■ Law. Loyal : lawful. 
 
 Lucrative succession. Scotch, the conveyance to the heir, with- 
 out valuable consideration, of a part of his inheritance, where- 
 upon he is liable for all previous debts of the grantor. 
 
 Lucri causa, /. For the sake of gain. 
 
 Luctuosa, /. Mournful, v. Hiereditas. 
 
 Lunatico inquirendo. v. Be. 
 
 Lupinum caput, /. A wolf-head ; an outlaw. 
 
 Lutosa, /. Miry ; impassable as a road. 
 
 Lui, luy,/r. Him ; her ; he ; it. 
 
 Lying in livery, in grant v. Lie, etc., Hereditament. 
 
 Lyttelton. v. Littleton. 
 
 13 
 
194 MJIREMIUM — MAINPERNOURS 
 
 M. 
 
 MaBremium, maremium, ;. Timber ; wood for building. 
 Magis, I. More. Magis dignum trahlt ad se minus dignnm : 
 
 the more worthy draws after itself the less worthy. 
 
 Magister rerum usus, I. Usage is the master of things [nsage 
 determines]. Magister cancellariae : a master in chancery. 
 Magister navis : the master of a ship. 
 
 Magistralia brevia, ;. Special writs, v. Writ. 
 
 Magistrate. A public civil officer ; a person intrusted with the 
 commission of the peace. 
 
 Magna assisa, I. The grand assize. Magna Charta : the Great 
 Charter. It was granted by John at Runingmede in 1215, at 
 the same time with the Carta de Foresta, and confirmed by 
 Henry III. in the ninth year of his reign, and also by the 25 
 Edw. I. This latter charter, the Con/!rmatio chartarum, is the 
 one commonly referred to as the Great Charter, the basis of the 
 English constitution. Magna Charta contained thirty-seven 
 chapters, for the most part concerning landed estates and the 
 rights of freemen. Magna culpa : gross negligence. Magna 
 componere parvis : to compare great things with small. 
 Magna serjeantia: grand serjeanty. Magnum cape: v. 
 Cape. Magnum concilium (the great council) : Parliament. 
 
 Maiden assize. One during which there is no capital conviction. 
 Maiden rents : a fine paid the lord by a copyhold tenant on 
 marriage, for omitting the marcheta. 
 
 Maihemium, I., Mayhem, maim, etc. Violently depriving another 
 of a member used in fighting ; such an injury to a man as di- 
 minishes his power of self-defence. 
 
 Mail, Maille,/r. Rent ; tribute. 
 
 Main,/;-. Hand, a hand. Main k main : immediately. 
 
 Mainbour,/^ & sax. k. handborow ; mainprise. 
 
 Mainour, meynour, etc., fr. A thing stolen ; especially when 
 found in the thief's possession, v. Handhabend. 
 
 Mainoverer, mainovre,/r. Labor of the hands. To cultivate, 
 manure. 
 
 Mainpernours. Sureties for the appearance of a person, who is 
 
MAINPRISE — MALFEASANCE 195 
 
 arrested and delivered to thein out of prison. They had no 
 right to imprison him or surrender him up, like bail, and were 
 bound to produce him in answer to all and any charges ; v. 
 Mainprise. Mainpernable : capable of being bailed. 
 
 Mainprise. The release of a man arrested, into the custody of his 
 friends, who became bound for his appearance. A •wrrit of 
 mainprise directed to the sheriff ordered him to take main- 
 pernours, and set the prisoner at large. 
 
 Mains-worn. Perjured by oath of hand upon the book. 
 
 Maintenance. Officious intermeddling in another's suit; aiding a 
 party with money or otherwise, v. Champerty. 
 
 Maintenant,/r. Now; presently. 
 
 Maintes fois,/r. Many times. 
 
 Mais.yr. But. More. Maisne: younger. 
 
 Major, I. Greater. Major haereditas venit unicuique nos- 
 trum a jure et legibus quam a parentibus : a greater 
 legacy comes to every one of us from right and the law than 
 from our parents. Majora regalia: the higher royal preroga- 
 tives. Majorae summae minor inest: the greater sum in- 
 cludes the less. Majus dignum, etc. ; v. Magis. Majus jus : 
 more right. 
 
 Make law, To. To deny under oath. v. Wager of Iwa. 
 
 Mal,/r., Malum,/. Ill; wrong; evil. Mai de venue: v. Es- 
 soin. Mai gree : of bad grace ; against the will of. 
 
 Mala fides, /, Bad faith. Mala grammatica non vitiat char- 
 tam : bad grammar does not vitiate a deed. Mala in se : evils 
 bad in themselves, natural wrongs. Mala prohibita : wrongs 
 prohibited (bylaw). Mala praxis: malpractice. Mala tol- 
 ta : an oppressive tax. v. Malum. 
 
 Male, /. Ill ; unfavorably. Male creditus : of bad repute. 
 
 Maledicta est expositio quae corrumpit teztum, /. Cursed 
 the interpretation which corrupts the text. 
 
 Malfeasance, fr., Maleficium, /. Wrong-doing, crime. Male- 
 ficia non debent remanere impunita ; et impunitas con- 
 tinuum affectum tribuit delinquenti : crimes ought not to 
 remain unpunished ; and impunity gives a continual impulse to 
 the criminal [to commit another crime]. Maleficia'propositia 
 distinguuntur : crimes are distinguished by the purposes which 
 prompted them. 
 
196 MALICE — MANDATUM 
 
 » 
 
 Malice. Express or actual malice is necessary to establish cer- 
 taitt degrees of criminal liability in certain cases, and may be 
 defined as the'intent of one person to injure any otlier. But in 
 certain other cases of heinous or reckless action, where the law 
 dispenses with proof of actual malice, but afBxes similar penal- 
 ties or punishment, there is said to be implied or construc- 
 tive malice. Actual malice, resulting in the crime of murder, 
 is specially named malice aforethought or malice prepense. 
 
 Malicious prosecution. One brought without probable cause, 
 and with intent to injure the defendant. The action for mali- 
 cious prosecution is an action on the case for damages, 
 brought after the fruitless termination of the suit complained of. 
 
 Malitia supplet aetatem, /. (Malice supplies age.) Proof that 
 a child between the ages of seven and fourteen has " mischievous 
 discretion " will render him doli capax, and criminally liable. 
 
 Malum, I. EvU ; wickedness ; ill. v. Mai. Malo animo : with 
 evil intent. Malum non praesumitur : evil [intent] is not to 
 be presumed. Malum lecti, veniendi ; v. Essoin. Malus 
 usus abolenda est : a bad custom ought to be abolished. 
 
 Manbote, sax. A compensation for homicide, due the lord for kill- 
 ing his vassal, the amount of which was regulated by the were. 
 
 Mandamus, /. (We command.) A writ, formerly prerogative, 
 issuing out of a superior court to an inferior court, a public or 
 private corporation, or an officer, directing them to perform some 
 public, ministerial, or official duty, or to restore the complainant 
 to his rights and privileges. If peremptory, it directed the 
 defendant to perform its orders absolutely; if alternative, to 
 do so, or show cause to the contrary. 
 
 Mandans, Mandator, /., Mandant. A person commanding or 
 committing ; the employing party in a contract of mandate. 
 
 Mandare, /. To command. To commit to, to intrust with. 
 
 Mandatarius, I., Mandatary. The party to whom a charge is 
 given ; the party employed in a mandate. Mandatarius ter- 
 minos sibi positos transgredi non potest: a mandatary 
 cannot exceed his instructions. Mandavi ballivo ( I have 
 commanded the bailiff) : an old sheriif 's return to an execution 
 made in a liberty. 
 
 Mandatum, I., Mandate. A command ; a contract by which one 
 man employs another gratuitously in the conduct of his affairs. 
 
MANBRIUM — MARKSMAN 197 
 
 Manerium, /. Manor ; a manor. 
 
 Manifest. A sea-letter; one of a ship's papers, specifying the 
 cargo, port of departure, and destination. 
 
 Manor. A feudal estate granted to a lord or great personage with 
 the right to hold a court-baron. It consisted of terrse tene- 
 mentales, bocland, lands held of the manor in freehold ; and 
 the demesne lands, terras dominicales, reserved for the 
 lord's own use ; which again were divided into lands held by 
 tenants in copyhold {/olcland), lands held by the lord for his own 
 use, and the lord's ■waste, used for pasture and common. 
 
 Manorial Court v. Court, 3i. 
 
 Manrent. A bond between the lord and vassal ; the vassal prom- 
 ising fidehty in consideration of the lord's protection. 
 
 Manslaughter. Homicide without mahce, but not excusable ; as, 
 voluntarily, upon a sudden affray ; or involuntarily, while per- 
 forming an unlawful act, or when attended with criminal negli- 
 gence. 
 
 Mansuetse naturae, /. Tamed ; of a domestic nature. 
 
 Mcinucapere, I. To become surety, mainpernor. Manucaptio: 
 
 Manus, I. A hand. An oath ; a person swearing, a compurgator. 
 Manu brevi: with a short hand, briefly. Manu forti: with 
 strong hand. Manus mortua (a dead hand) : mortmain. 
 
 Manure. To occupy, labor upon. 
 
 Marca, /., March. A border ; boundary line. Marchers : noble- 
 men formerly living on the borders of Wales and Scotland in a 
 state of semi-sovei-eiguty, with laws of their own. 
 
 Marcheta, Mercheta, I. 1. In Scotch law, the right of the lord to 
 pass the first night with the bride of his tenant. A fine for re- 
 mitting such right. 2. In England, a maid's fee; a fine paid 
 the lord by a tenant on the marriage of his daughter. 
 
 Mare, /. Sea. Mare altum : the high sea. Mare apertum : 
 the open sea. 
 
 Maritagium, /. Marriage. 
 
 Market overt. A place, market, or shop, for the public sale of 
 goods, where the innocent purchaser took a perfect title, except 
 as against the Crown, whether the goods were stolen or right- 
 fully sold. 
 
 Marksman. A person who cannot write his name. 
 
198 MAEIiEBEUGB — MASTERS 
 
 Marleberge, Marlbridge. The statute passed 52 Hen. III., a. b. 
 1267, confirming the Great Charter and the Charter of the For- 
 est, providing penalties for wrongful distress, introducing writs 
 of entry in the post, providing as to guardians and wards in soc- 
 age, etc. 
 
 Marque ana Heprisal, letters of. A commission issued by a 
 sovereign or state to its subjects, authorizing the seizure of the 
 property of an offending nation, as reparation for the injury. It 
 is now usually issued to privateersmen in time of war. La-w of 
 Marque : the law governing such reprisals. 
 
 Marriage. The feudal right enjoyed by the lord or guardian in 
 chivalry of disposing of his ward in marriage. If the infant 
 ward refused, he or she forfeited the value of the marriage 
 (valor maritagii, /.), as much as a jury would assess, or the 
 suitor would in good faith give for the alliance ; and double the 
 value of the marriage (duplex valor maritagii) was forfeited 
 if the ward married without the lord's consent. Marriage 
 articles : articles of agreement for a marriage settlement to be 
 drawn after marriage. Marriage brokage : negotiating a mar- 
 riage for a consideration. Marriage license ; v. San. Mar- 
 riage settlement: a settlement of the estate of a husband and 
 wife, in consideration of the marriage, upon the wife, or the 
 husband and wife, in a certain way. 
 
 Marshalling of Assets, Securities, . v. Assets. 
 
 Marshalsea. A prison in London, formerly belonging to the 
 K. B. An old court; v. Court, 55. 
 
 Martial law. The rule imposed on a conquered or occupied coun- 
 try by the commander of an army during the suspension of the 
 civic authority. Courts martial : v. Coiirt, 93. 
 
 Masters in Chancery. Officers of the Court of Chancery, who 
 took accounts, oaths, affidavits, and acknowledgments, made in- 
 quiries concerning facts, and discharged other ministerial duties. 
 They were formerly the chief clerks, or prneceptores. Master of 
 the Crown OfBce: the Queen's coroner and prosecuting at- 
 torney in the K. B. Master of the Rolls : originally the chief 
 of the Masters in Chancery, had the custody of the records and 
 the rolls which pass under the great seal. Later, an assistant 
 judge, holding a court of his own next inferior to that of the 
 Lord Chancellor; v. Court, 16. 
 
MATERP AMTTjIAS — MELIUS 199 
 
 Materfamilias, /. The mother of a family. 
 
 Materna maternis, /. The goods acquired through the mother 
 descend to those conaected with her. 
 
 Matrimonia debent esse libera, /. Marriages ought to be free 
 [not forced]. 
 
 Matrons, Jury of. v. Jury. 
 
 Matter in deed. "Writiug under seal. Matter in pais : matter of 
 fact [not in writing]. Matter of record : matter entered on the 
 rolls of a court of record, which were formerly always parchment. 
 
 Maugre,//-. -f.Malgre. 
 
 Maunder,//-. To command ; to return [to a writ]. 
 
 Mauveise, mauveys, Jr. False ; bad ; defective. 
 
 Maximus, I. The greatest. Maxime: chiefly, most of all. 
 Maximus erroris magister populus : the people is the great- 
 est master of error. 
 
 Mayhem, v. Maihemium. 
 
 Mayn,/A A hand. v. Main. 
 
 Mayor. The head of a municipal corporation. Lord Mayor : a 
 title of the Mayors of London, York, and Dublin. 
 
 Medical jurisprudence. The science of medicine as applied to 
 legal questions. 
 
 Medietas linguae, /. Half-tongue, v. Bilinffuis. 
 
 Medio tempore, /. Li the mean time. 
 
 Meditatio fugae, /. Intention of flight. 
 
 Medletum, /. A medley ; a ahance-medley. 
 
 Meindre age,y>. Minority ; lesser age. 
 
 Mein, meyn,y>. A hand. v. Main. 
 
 Melior est conditio possidentis, et rei quam actor, ubi 
 neuter jus habet, I. The position of the party possessing is 
 the stronger (better), and of the defendant than the plaintiff, 
 when neither has the right. Meliorem conditionem suam 
 facere potest minor, deteriorem nequaquam (a minor can 
 make his condition better, but never worse) : the contracts 
 made by a minor are only valid if beneficial to him. 
 
 Melius est petere fontes quam sectari rivulos, /. It is 
 better to seek the fountains than to follow out the streamlets. 
 
 Melius inquirendum, I. A writ directing the sheriff to make 
 further inquiry as to the lands, etc. of a person outlawed or 
 attainted ; after office found or a diem clausit extremnm. 
 
200 MEMORIA — MISTER 
 
 Memoria, I., memorie,/r. Memory; mind; understanding. Time 
 of memory, memory of man (v. Legal memory) : extends 
 back to the reign of Richard I. 
 
 Mens, I. Mind; intent; intention; meaning; will. Mens tes- 
 tatoris in testamentis spectanda est : in wills the intention 
 of the testator is to be considered. 
 
 Mensa et thoro, /. (v. A, Divorce.) Erom bed and board. 
 
 Mensura domini regis, I. The King's measure ; the standard. 
 
 Mercator, /. A merchant. Meroatum : a market. 
 
 Mercenlage, sax. The Mercian laws, which were observed ia 
 many of the midland counties and those on the Welsh border. 
 
 Mercy. The arbitrament of the judge, v. Amerciament. 
 
 Mere, sax. A fenny place. 
 
 Mere droit, fr., Merum jus, I. Mere right, right without pos- 
 session. 
 
 Meremium, I. {Mceremium.) Timber. 
 
 Merger. The sinking of one estate or interest in another ; as by 
 consolidation, or union in tlie same person. 
 
 Merton, Statute of. Passed 20 Hen. III., a. d. 1253, concerning 
 dower, usury, legitimacy, lord's right in parks, etc. 
 
 Merx est quicquid veudi potest, I. Merchandise is whatever 
 can be sold. 
 
 Mese, mais,/r. But. 
 
 Mesaventure,/r. Mischance; accident. ■^.Homicide. 
 
 Mese, meas, meason, 6\a.,fr. A house. 
 
 Mesne, fr. Middle ; mean. An intermediate lord standing be- 
 tween the chief lovA. and the tenant paravail. A writ of mesne 
 in the nature of a writ of right lay for the tenant paravail 
 against the mesne lord who suffered the tenant to be distrained 
 for rent or services due from the mesne lord to the lord para- 
 mount. Mesne process: v. Process. Mesne profits: in- 
 termediate profits ; profits while the land was occupied by a per- 
 son having no right, or before a writ of ejectment was brought. 
 
 Mesprendre,/;-. To do amiss, offend. Mesprision : a mistake. 
 
 Messis sementem sequitur, I. The crop follows [belongs to] the 
 sower. 
 
 Messuage. A dwelling-house with outbuildings, garden, and 
 curtilage. 
 
 Mester, mestre.yr. Need ; •occasion. 
 
MESTIER — MINUS 201 
 
 Mestier,//-. (Mystery.) Handicraft, trade. 
 
 Meta, /. A butt ; a boundary line. 
 
 Metegavel, sax. Rent payable in victuals. 
 
 Metes and bounds. Bulls and bounds. 
 
 Mettre, fr. To put, fix. Mis en escript : put in writing. 
 Mettre a large : to set free. 
 
 Meum et tuum. Mine and tliine. 
 
 Metropolitan. The archbishop of a province. 
 
 Metus causa, /. By reason of fear. 
 
 Meyn,//-. Hand. v. Main. 
 
 Mi. niy./'"- Half ; middle. An atom, a smallest part of a thing. 
 
 Michaelmas Term. In England, begins on the 2d, and ends on 
 the 25 th of November. 
 
 Michelgemote. The great assembly of the people ; the Witena- 
 gemote. v. Courl, 1. 
 
 Middlesex, Bill of. v. Bill, 1. 8. 
 
 Miles, pi. milites, /. A soldier, knight. 
 
 Milieu,//-. Middle. Juste milieu : the happy mean. 
 
 Military Court, v. Courl of Chivalry, Court, 93. Military 
 feuds: genuine or original feuds, held in chivalry, by knight 
 service ; v. Tenure. Military law : regulations for the govern- 
 ment of the army. Military tenures : by knight service and 
 escuage ; v. Tenure. 
 
 Minas, per, I. By threats, v. Duress. 
 
 Minatur innocentibus qui parcit nocentibus, /. He threatens 
 the innocent who spares the guilty. 
 
 Minimus, I. The smallest. Minime: in the least. Minima 
 poena corporalis est major qualibet pecuniaria : the small- 
 est corporal punishment is greater than any pecuniary one. 
 Minime mutanda sunt quae certam babuerunt inter- 
 pretationem : those things which have [once] had a certain 
 interpretation are not to be altered. 
 
 Minor, I. Less; younger; an infant. Minor jurare non po- 
 test : a minor cannot make oath. Minor 17 annis non ad- 
 mittitur fore executorem : a person under seventeen is not 
 admitted to be executor. Minor aetas : infancy. Minora re- 
 galia : the lesser prerogatives of the Crown. 
 
 Minus. Less ; not. Minus solvit qui tardius solvit : he who 
 pays too late does not pay at all. 
 
202 MISA — MODUS 
 
 nSjBa, I. Mise; the issue in a real .action. Misse: costs; ex- 
 penses. 
 
 Misadventure, t. Mesaveniure. 
 
 Miscontinuance. Continuance by faulty process. Discontinu- 
 ance. 
 
 Misdemeanor. An indictable offence not amounting to felony. 
 
 Mise./r. 1. Expenses, costs. 2. The issue in a writ of right, the 
 
 Misera eat servitus, ubi jus est vagum aut incertum, /. 
 
 Obedience to law is a hardship where the law is vague or un- 
 certain. 
 
 Misericordia, I. Mercy ; an amerciament. 
 
 Misfeasance. A misdeed, trespass ; the improper performance of 
 an act otherwise lawful, v. Nonfeasance. 
 
 Misjoinder. The improper joining of parties in a suit; or of dif- 
 ferent causes of action. 
 
 Misnomer. Misnaming ; making a mistake in a person's name. 
 
 Mispleading. The use of a wrong plea, or the omission of an es- 
 sential part ; not curable by verdict. 
 
 Misprision. A neglect, oversight ; a contempt. The concealment 
 of a crime ; as of treason or felony. 
 
 Mitiori sensu, I. In the milder sense. 
 
 Mitter k large, /r. To set free. Mitter avant: to set before. 
 Mitter le droit : to pass the right. Mitter Testate : to pass 
 the estate ; words used to distinguish different kinds of releases. 
 
 Mittere, /. To send, put. Mittere in confusum : to put into 
 hotchpot. Mittimus (we send) : 1. The warrant of a justice 
 committing a prisoner to gaol. 2. A writ to transfer records 
 from one court to another. 
 
 Mittomus, I. Let us suppose ; put the case. 
 
 Mixed action, v. Action. Mixed jury : v. Bilinguis. Mixed 
 larceny ; v. Larceny. 
 
 Mobilia, sequuntur personam, immobilia situm, /. Movable 
 things follow [the law of] the person ; immovable, of the place. 
 
 Modo et forma, /. In manner and form. Old words in a plea, 
 not usually material, putting in issue concomitant matters such 
 as time, place, etc. 
 
 Modus, /. Manner, mode. The manner in which an estate con- 
 veyed is to be held. Modus dat legem donationi : manner 
 
MOINDRE— MOOT 203 
 
 gives law to a gift ; the mode of conveyance determines the 
 character of the grant. Modus decimandi: a manner of 
 tithing, a partial exemption from tithes, or a pecuniary composi- 
 tion prescribed by immemorial usage, and of reasonable amount ; 
 for it will be invalid as a rank modus, if greater than the value 
 of the tithes in the time of Richard I. Modus de non deoi- 
 mando : a modus of entire exemption, a prescription to be dis- 
 charged from tithes, non valet, is not valid. Modus et oon- 
 ventio vincunt legem: the form of agreement and the con- 
 sent of the parties overrule the law. Modus operandi: the 
 method of operating. 
 
 Moiudre, moins, taein3,/r. Less ; the least. 
 
 Molendinum, I. A miU. 
 
 MoUiter manu, /. With gentle hand. Molliter manua im- 
 posuit : he gently laid hands upon ; old words in pleas of justi- 
 fication of trespass. 
 
 Molt,yr. Much; many; very. 
 
 MolutuB, I. Ground ; sharpened, v. Arma. 
 
 Molyn, Jr. A mill. Molyn ventresse : a windmill. 
 
 Moneta, /. Money. 
 
 Money counts. The common counts in assumpsit, founded on an 
 imphed promise to pay money ; including the counts for money 
 had and received to the plaintiffs use, money lent, money paid, 
 and money due on insimul computassent. 
 
 Monition. A summons to the defendant to appear and answer, 
 issued on filing the libel in ecclesiastical and admiralty courts. 
 
 Monstrans de droit, yr. Showing of right; a common-law method 
 of obtaining restitution of real or personal property, before the 
 Chancery or Exchequer, the record title to which was in the 
 Crown, as after an inquest of office. The plaintiff, if successful, 
 obtained a judgment of amoveas nanus or ousterlemain. 
 
 Monstrans de faits,/)-. A showing of deeds ; a profert, where a 
 man pleaded a deed ; whereupon the other party might claim 
 oyer. 
 
 Monstravit, monstraverunt, I. A writ for tenants in ancient de- 
 mesne who were distrained for duties or services contrary to their 
 liberties. 
 
 Moot. A meeting or court ; an argument. A subject for argu- 
 ment. 
 
204 MORA-MULIER 
 
 Mora reprobatur in lege, /. Delay is disapproved of in law. 
 Morandse solutionis causa, /. For the purpose of postponing 
 
 payment. 
 Morari, I. To delay. Moratur in lege : he demurs. 
 Morganatic marriage. A marriage between a woman and a man 
 of higher rank, in which it is stipulated that neither she nor her 
 children shall share his rank or enjoy the ordinary ciyil conse- 
 quences of legal marriage. 
 
 Morier, mourir, etc.,//'. To die. Mourant: dying. 
 
 Mors, I. Death. Mors dicitur ultimum supplicium : death is 
 called the extreme penalty. Mors omnia dissolvit : death dis- 
 solves all things. 
 
 Mort,/-. Death. Mort d'ancestor: v. Assize. 
 
 Morte donantis donatio confirmatur, /. A gift is complete by 
 the death of the donor [applied to revocable gifts]. 
 
 Mortgage, Mortuum vadium, /. A dead pledge ; one where the 
 rents and profits did not go to the discharge of the debt. A con- 
 veyance of land defeasible on the performance of a certain condi- 
 tion ; usually the payment of money. 
 
 Mortis causa, I. By reason, in contemplation, of death, v. 
 Causa, Donatio. 
 
 Mortmain. (Dead hand.) A term applied to conveyances to a cor- 
 poration ; particularly a religious corp^oration, when it was held, 
 without possibility of alienation or change, by persons dead in 
 law. Statute of Mortmain : 7 Edw. I. ; 9 Geo. II. c. 36. 
 
 Mortuary. Originally, a gift left by a man on his decease to the 
 parish church, a corse present; later, it was claimed as a due, a 
 sort of ecclesiastical heriot. 
 
 Mortum, /. Dead. Mortuum vadium : a mortgage. Mortuus 
 ezitus non est ezdtus : a dead issue is uo issue. 
 
 Mos pro lege, /. Custom instead of law. 
 
 Mote, sax. A court or assembly ; a meeting of the people. 
 
 Motion. An application made to the judge viva voce in open court. 
 
 Moult, mult,//-. V. Molt. 
 
 Movable, v. Heritable. 
 
 Moy,/-. Me; I. 
 
 Moyen,//-. Mean ; intermediate ; middle. Pur moyen : by means 
 of. 
 
 Mulier, I. A woman, wife. A lawful son. Mulier puisn6 
 
MULTIFARIOUS — MUTUS 205 
 
 (v. Bastard eignf) : the eldest legitimate son. Multa conce- 
 duntur per obliquum quae non conceduntur indirecto: 
 many things are allowed indirectly wliioli are not allowed di- 
 rectly. Multa in jure communi contra rationem dispu- 
 tandi, pro communi utilitate introduota sunt : many things 
 have been introduced into the common law for the public good, 
 which are inconsistent with sound reason. 
 
 Multifarious. In equity pleading, putting distinct subjects in the 
 same biU. 
 
 Multiplepoinding. A proceeding in Scotch law like interpleader. 
 
 Multiplicity of suits. This is discouraged by equity ; as if a bill 
 be brought for a part of a single cause of action, or an heir seek 
 to redeem one of two mortgages made by the ancestor. And see 
 Bill, I. 12. 
 
 Multitude errantium non parit errori patrocinium, I. The 
 multitude of those who err does not amount to a protection of 
 error. 
 
 Multure. The grinding of grain ; the toll paid therefor. 
 
 Municipal corporation. A public corporation, administering 
 local government. Municipal la'w : the law of a particular 
 state or nation. Municipal court : v. Court, 112. 
 
 Muniments, Miniments. Deeds or written evidences of title. 
 
 Munus, pi. munera, I. Grants made under the early feudal sys- 
 tem, revocable at the lord's pleasure. 
 
 Murder. 1. Malicious homicide ; v. Malice. 2. Anciently, secret 
 homicide ; the homicide of a Norman as distinct from that of an 
 Englishman ; v. Bnglecery, Murdrum. 
 
 Murdrum, /. Murder. A fine imposed on a hundred where a per- 
 son was found slain, Englecery not being proved. 
 
 Murorum operatio, I. The service of repairing castle walls or 
 city walls ; which was commuted into a money payment by the 
 tenants, called murage ; which name was also given to a toll for 
 the same purpose, taken of every cart or horse passing through 
 the town. 
 
 Mutatis mutandis, I. Those things changed which ought to be 
 changed ; making the necessary changes. Mutato nomine de 
 te fabula narratur : the story is told of you, under a different 
 name. 
 
 Mutus et surdus, I. Deaf and dumb. 
 
206 MTJTUUM— NATJFRAGIUM 
 
 Mutuum, I. A loan of fimgible goods, to be consumed smd re- 
 turned in kind. 
 My, fr. Half; middle. 
 Mys./r. {^Mitter.) Put; set; inserted. 
 
 N. 
 
 N. L., Non liquet. N. P., Nisi Prius. N", Ne. 
 
 Na, Nad, Navera,/r. He has not, shall not have ; there is not. 
 
 Naam, nam, sax., Name,/r., Namium, /. A taking; a distress. 
 Namium vetitum : withernam. 
 
 Nadgayers, Naidgaits, etc.,/r. Lately; not long since. 
 
 Naif,/?-. A villein, a born slave; a woman slave. 
 
 Naiftfe,//., Naivitas, I. Villeinage. 
 
 Nailours,/r. {Nailleitrs.) Not elsewhere. 
 
 Nam, I. Tor. (For maxims beginning with nam, see nnder second 
 word.) 
 
 Nappent,/c Does not belong. 
 
 Narr., for Narratio, I., Narragon, fr. A count; a declaration. 
 Narrare, /., Narrer,/r. : to declare, to count. Narrator, I. -. 
 a countor, advocate. 
 
 Nastre, fr., Nasci, /. To be bom. Nati et nasoituri, /. : bom 
 and (to be bop) unborn. 
 
 Nativus, nativa, I. A villein, a female slave. Nativitas: v. 
 Nai/te. 
 
 Natura Brevium, I. (The nature of writs.) A collection of origi- 
 nal writs, with brief comments upon them, compiled in the reign 
 of Edward III., called Old Natura Brevium (0. N. B.), to 
 distinguish it from the Natura Brevium of Fitzherbert. Natura 
 non facit saltum ; ita nee lex: nature makes no leap [moves 
 gradually] ; so neither does law. 
 
 Naturale est quidlibet dissolvi eo modo quo ligatur, /. It 
 is natural for a thing to be dissolved as (in the manner in which) 
 it is created. 
 
 Naturalization. Admitting an alien to full rights of citizenship, 
 for which an Act of Parliament was formerly necessary, v. 
 
 Naufragium, /. Shipwreck. 
 
NAULUM — NECESSITAS 207 
 
 Naulum, I. Freight. 
 
 Nautico foenere, I. 'Wiih.fcenus nauticum, marine interest. 
 
 Navigable. A river is navigable at common law as far as the tide 
 ebbs and flows. 
 
 Navigation Act The 12 Car. II. c. 18, forbidding foreign ships 
 and seamen to trade with British colonies. 
 
 Navis bona, /. A "good ship." 
 
 Ne,/r. Not. Ne baila pas (he did not deliver) : an old plea to 
 detinue. Ne disturba pas (he did not hinder) : the general 
 issue in quare impedit. Ne dona pas (he did not give) : the 
 general issue in formedon. Ne disseise pas : not disseised. 
 Ne gist en le bouche : it does not lie in the mouth. Ne re- 
 lesse pas : not released. Ne unques accouple (never mar- 
 ried) : a plea in do-mer unde nihil habet. Ne unques execu- 
 tor : never executor. Ne unques receivour (never receiver) : 
 a plea in account. Ne unques seise que do'wer (never so 
 seised that dower [ensued]) : the general issue in dower unde nil 
 habet. 
 
 Ne, I. Lest ; that not. Ne admittas : a writ to forbid the admis- 
 sion of a clerk pending a quare impedit. Ne deficiat justitia : 
 lest justice should fail. Ne exeat regno : a prerogative writ 
 issuing from Chancery to prevent a person from leaving the 
 kingdom or state ; formerly pohtical, but now used by the plain- 
 tiff in a civil suit; called iu America ne ezeat republica. 
 Ne injuste vexes: an old writ prohibiting a lord from de- 
 manding more services from the tenant than were justly due by 
 the tenure under which his ancestors held. Ne quis plus do- 
 nasse praesumatur quam in donatione expresserit: lest 
 any one be presumed to have given more than he expressed in 
 the grant. Ne recipiatur (that it be not received) : a caveat 
 or warning to an officer, filed by a party, and directing him not 
 to receive some process or record of the adverse party. Ne 
 varietur (that it be not changed) : words written by a notary on 
 a bill or note for purposes of identification. 
 
 Nee, neque, /. Nor ; neither. 
 
 Necessitas est lex temporis et loci, /. Necessity is the law of 
 tiiTie and place. Necessitas facit licitum quod alias non 
 est licitum : necessity makes that lawful which is otherwise not 
 lawful. Necessitas inducit privilegium quoad jura pri- 
 
208 NECESSITAS — NEMO 
 
 vata: necessity [of self-preservation, obedience, or resulting 
 from acts of God or a stranger] creates a privilege as to private 
 rights [is an excuse for the violation of them]. Necessitas 
 publica major est quam privata: the public necessity over- 
 rules the private one [e. g. a man must die for his country]. 
 Necessitas quod cogit defendit: necessity excuses what it 
 compels. Necessitas vincit legem: necessity overrules the 
 law. 
 
 Nee, nk,fr. Bom. Nee vife : bom alive. 
 
 Nefas, I. Wrong; impious action. Dies nefasti: not court 
 days. 
 
 Negare, /. To deny. Negatum : denied. 
 
 Negative pregnant. One v^hioh implies a possible affirmative ; a 
 denial not full, not covering the entire assertion. 
 
 Negligentia semper habet infortunium comitem, I. Negli- 
 gence always has misfortune for a companion. 
 
 Negotiable. A term applied to an evidence of debt which may he 
 so transferred that the transferee may sue in his own name. 
 Transferable by indorsement. Negotiable vrords : the words 
 " order " or " bearer " in a note, bill, or check. 
 
 Negotiate. To arrange ; to sell, to discount ; to indorse and de- 
 liver. 
 
 Negotiorum gestor, I. A person who manages the affairs of 
 another in his absence, without his knowledge or mandate. 
 
 Neife, neif, niefe. v. Naife. 
 
 Neint,yr. None ; not ; v. Nient. Neint contrlsteant : notwith- 
 standing. Neint meins : none the less. 
 
 Nem. con., Nemine contradicente, /. No one dissenting. 
 Neminem oportet esse sapientiorem legibus: no one 
 sliould be wiser than the laws. 
 
 Nemo, /. No one. Nemo admittendus est inhabilitare 
 seipsum: no one is to be allowed to prove himself incapable. 
 Nemo agit in seipsum: nobody can (act upon himself) sue 
 himself, or be judge in his own cause. Nemo allegans suam 
 turpitudinem est audiendus: no one should be heard to allege 
 his own infamy. Nemo bis punitur pro eodem delicto: 
 no one is punished twice for the same oifence. Nemo oogitur 
 rem suam vendere, etiam justo pretio : no one is forced 
 to sell his own property, even for a fair price. Nemo contra 
 
NEMO CONTRA— NEMO POTEST 209 
 
 factum suum venire potest : no one can contravene his own 
 deed. Nemo cogitationis pcenam patitur : no man suffers 
 a punishment for thought. Nemo dat qui non habet: no 
 one who has no title can make a grant. Nemo dat quod non 
 habet : no one can give what he does not possess. Nemo de 
 domo sua extrahi potest: no one can be forcibly taken from 
 bis bouse. Nemo debet bis vezari pro una et eadem 
 causa : no one ought to be twice troubled for one and the same 
 cause. Nemo debet esse judex in propria causa: no one 
 ought to be judge in his own cause. Nemo debet ex alieno 
 damno lucrari : no one ought to benefit by the loss of another. 
 Nemo debet locupletari aliena jactura: no one ought to 
 be enriched by another's loss. Nemo est baeres viventis : 
 a person living has no heir. Nemo euim aliquam partem 
 recte intelligere possit antequam totum iterum atque 
 iterum perlegerit : for no one can rightly understand any part 
 before having again and again gone over the whole. Nemo 
 ex alterius facto prsegravari debet: no one ought to be 
 burdened in consequence of another's act. Nemo ex consilio 
 obllgatur : no man is bound by his advice. Nemo ex pro- 
 prio dolo consequitur actionem : no man acquires a right 
 of action from his own wrong. Nemo in porpria causa tes- 
 tis esse debet : no one ought to be witness in his own cause. 
 Nemo inauditus condemnari debet, si non sit contu- 
 max: no one ought to be condemned unheard, unless he be 
 contumacious. Nemo invitus compellitur ad commuuio- 
 nem : no one can be forced into a partnership against his will. 
 Nemo patriam in qua natus est exuere, nee ligeantise 
 debitum ejurare possit : a man cannot abjure his native 
 country nor liis due allegiance. Nemo plus juris ad alium 
 transferre potest quam ipse haberet: no one can transfer 
 to anotlier a greater interest than he himself possesses. Nemo 
 potest contra recordum veri&care per patriam : no one 
 can disprove a record by an issue to the jury. Nemo potest 
 esse dominus et tenens, haeres : no one can be [both] lord 
 and tenant, heir. Nemo potest esse simul actor et ju- 
 dex: no one can be both judge and suitor. Nemo potest 
 facere per alium quod per se non potest: no one can 
 do by another what be cannot do himself. Nemo potest 
 14 
 
210 NEMO — NEXT 
 
 mutate consilium Buum in alterius injuriam: no one 
 
 can change his purpose to another's injury. Nemo prEesumi- 
 tur alienam posteritatem suae prsetulisse : no man is pre- 
 sumed to have prefeiTed another's posterity to his own. Nemo 
 praesumitur esse immemor suae aeternae salutia, et mazi- 
 me in articulo mortis : no one is presumed to be unmindful 
 of his salvation, most of all at the point of death. Nemo 
 prassumitur malus : no one is presumed guilty. Nemo pro- 
 hibetur pluribus defensionibus uti : no one is forbidden to 
 use several defences. Nemo prudens punit ut prsterita 
 revocentur, sed ut futura praeveniantur : no one punishes 
 to undo what is done, but to prevent what may be done. Nemo 
 puuitur pro alieno delicto : no man is punished for the fault 
 of another. Nemo sibi esse judex, vel suis jus dicere 
 debet: no one ought to be judge in cases where himself or 
 his family are concerned. Nemo tenetur ad impossibilia : 
 no one is held to [perform] impossibilities. Nemo tenetur, 
 no one is bound ; divinare, to divine [foresee] ; edere instru- 
 menta contra se, to show instruments against himself [his 
 own interest] ; jurare in suam turpitudinem, to swear to his 
 own infamy; seipsum prodere, to betray himself ; seipsum 
 accusare, to accuse himself; seipsum infortuniis et pericu- 
 lis ezponere, to expose himself to misfortunes and dangers. 
 
 Nemy,/r. Not. 
 
 Nestre,//-. To be not. Nest : it is not, there is not. 
 
 Never indebted, plea of. The common traverse or general issue 
 in actions of debt on simple contract. 
 
 New assignment. A restatement of a cause of action with more 
 particularity, in answer to the defendant's plea ; as when the de- 
 fendant answered only one of several trespasses ; or if he pleaded 
 a justification, and the plaintiff grounded his action on excess. 
 New trial : a rehearing of a case, after verdict, before another 
 
 jury- 
 
 Next friend. A person, usually a relative, not appointed by court 
 (v. guardian ad litevi), in whose name au infant or married 
 woman sues, and who becomes responsible for costs. 
 
 Next of kin. 1. A person's nearest relatives according to the 
 civil law ; v. Degree. 2. The relatives of a decedent eatitled to 
 his personal estate under the statute of distributions. 
 
NIEFE — NISI 211 
 
 Niefe.yj-. v. Naif. A female villein. 
 
 Nient,/n Not ; nothing ; t. Neint. Nient comprise : not in- 
 cluded. Nient culpable : not guilty, the general issue. Nient 
 dedire (to deny nothing) : to suffer judgment by default. 
 Nient le fait : not the deed ; v. Non est factum. Nient 
 seisi : not seised. 
 
 Nihil, nil, I. Nothing; not. Nihil aliud potest rez quam 
 quod de jure potest : the King can do nothing else than 
 what he can do by law. Nil capiat per breve (that he take 
 nothing by his writ) : words of judgment for the defendant on 
 an issue on a plea in bar or abatement. Nil debet (he owes 
 nothing) : the general issue in debt on a simple contract. Nil 
 dicit (he says nothing) : words in a judgment against the de- 
 fendant for default in failing to answer. Nihil consensui tain 
 contrarium est quam vis atque metus : nothing is so un- 
 like consent as force and fear. Nihil facit error nominis 
 cum de corpore constat : an error in the name has no effect 
 when it is clear as to the person meant. Nihil habet (he has 
 nothing) : the name of a return made by a sheriff upon a scire 
 facias, or other writ, which he has been unable to serve. Nil 
 habuit in tenementia (he had nothing in the tenements) : a 
 plea in an action of debt upon a lease indented, setting up that 
 the person claiming to be landlord had no title. Nihil per- 
 fectum est dum aliquid restat agendum : nothing is perfect 
 while anything remains to be done. Nihil prsescribitur nisi 
 quod possidetur : there can be no prescription in that which 
 is not possessed. Nihil tam conveniens est naturali aequi- 
 tati, quam voluntatem domini volentis rem suam in 
 alium transferre, ratam haberi: there is nothing so con- 
 sistent with natural equity as to hold good the wish of an owner 
 desiring to transfer his property to another. Nihil tam natu- 
 rale, etc. ; v. Naturale. 
 
 Nimia sub till tas in jure reprobatur et talis certitudo cer- 
 titudinem confundit, I. Excessive subtlety is disapproved of 
 in law, and such nicety confuses certainty. 
 
 Kisi, /. Unless ; if not. Rule, decree nisi ; v. Absolute. Nisi 
 feceris (shouldst thou not do it) : the name of a clause com- 
 monly occurring in the old manorial writs, commanding that, if 
 the lords failed to do justice, the King's court or officer should 
 
212 NISI — NON 
 
 do it. By virtue of this clause, the King's court usurped the 
 jurisdiction of the private, manorial, or local courts. Nisi 
 prius: unless before, a term applied to trials of fact before a 
 single judge ; to the ordinary court, the court of a judge on his 
 circuit, as distinguished from the full bench, or the courts at 
 Westminster; v. Assize. Nisi prius court ; v. Court, 27. A 
 trial before a single judge with jury. Nisi prius record, roll: 
 the parchment roll containing the pleadings, issue, and jury pro- 
 cess of an action, made up for the use of the judge at nisi prius. 
 Nisi prius writ : the old name of the writ of venire facias, 
 which directed the sheriff to bring the men impanelled as jurors 
 to the courts at Westminster unless before that the justices of 
 assize came into his county. 
 
 Nocere, /. To hurt, damage. Nocent : guilty. Nocumentnm : 
 nuisance, damage. 
 
 Nolle, I. To be unwilling. Nolens volens: willing or not. 
 Nolle prosequi, Nol. pros. : a formal entry of the plamtiff, 
 or prosecuting officer, on the record, that he will not further 
 prosecute his suit as to some of the counts, or as against some 
 of the defendants ; or, less frequently, that he wiU wholly dis- 
 continue the action. 
 
 Nolo contendere, /. (I do not wish to contend.) The name of a 
 plea in an indictment or crimiual case, upon which the accused 
 may be sentenced. 
 
 Nomen, I. Name. Nomen collectivum : a collective name, a 
 singular noun of multitude. Nomen generalissimum : a 
 most general name, the most comprehensive term. Nomen 
 juris: a term technical in law. Nomen universitatis ; the 
 name (of the whole together), the entire thing, from all points of 
 view, vrith all its rights. Nomina sunt notse rerum : names 
 are the marks of things. Nomine pcense (in the name of a 
 penalty) : a penalty fixed by covenant in a lease for non-perform- 
 ance of its conditions. Nomine damni : in the name of dam- 
 age ; by way of damages. 
 
 Nominal partner, v. Partner. 
 
 Nominatim, /. By name ; each named in turn. 
 
 Nomination, v. Presentation. 
 
 Non, I. No, not. i[ror many phrases beginning with nan, see 
 under second word.] Non acceptavit (he did not accept): 
 
NON ACCIPI — NON EST 213 
 
 a plea to an action against the drawee of a bill of exchange. 
 Non accipl debent verba in demonstrationem falsam, 
 quae competunt in limitationem veram : words ought not 
 to be taken for a mistaken description, when they may serve as 
 a good limitation ; v. Falsa demonstratio. Non accrevit infra 
 sex annos (it did not accrue within six years) : a plea of the 
 statute of limitations. Non age : v. Nonage. Non aliter a sig- 
 nificatione verborum recedi oportet quam cum mani- 
 festum est aliud sensisse testatorem: the literal meaning 
 of words ought not to be departed from except when it is clear 
 that the testator meant something else [in using them]. Non 
 assumpsit (he did not promise): the general issue in assumpsit. 
 Non assumpsit infra sez annos (he did not promise within 
 six years) : a plea of the statute of Lmitations in assumpsit. 
 Non cepit (he did not take) : the general issue in replevin. 
 Non claim : v. Nonclaim. Non concessit (he did not grant): 
 the plea of a defendant, a stranger to a deed or patent relied upon 
 by the plaintiff, denying that it was granted as alleged. Non 
 consentit qui errat : he who mistakes does not consent. Non 
 constat: it does not appear, it is not clear. Non cuV (cul- 
 pabilis) : not guilty. Non damnificatus (not damnified) : a 
 plea of performance to an action of debt on a bond of indem- 
 nity ; V. Bond. Non dat, etc. : v. Nemo dat. Non debet 
 adduci exceptio, etc. : v. Bxceptio rei. Non debet cui plus, 
 etc. : V. Cui licet. Non debet fieri : v. Fieri. Non deci- 
 mando : v. Le, Modus. Non decipitur qui scit se decipi : 
 a person is not deceived who knows he is being deceived. 
 Non dedit: Ne dona pas. Non demisit (he did not de- 
 mise) : a plea to an action for rent, denying a ^aro/ lease; v. 
 Nil habuit in tenementis. Non detinet (he does not detain) : 
 the general issue in detinue. Non distringendo : an old vrrit 
 to prevent a distress. Non entia : things not existent. Non 
 efficit affectus nisi seqaator efiectus : the intent amounts to 
 nothing unless the effect follow. Non est arctius vinculum 
 inter homines quam jusjurandum : there is no closer bond 
 among men than an oath. Non est disputandum contra 
 principia negantem : there is no disputing with one who 
 denies principles. Non est factum (it is not his deed) : the 
 general issue in debt on a specialty. Non est inventus (he is 
 
214 NON EST — NON POTEST 
 
 not found) : the return made by the sheriff to a capias requiring 
 him to arrest the person of the defendant, when he is not found 
 within his bailiwick ; and see Bill, I. 8. Non facias malum 
 ut inde fiat bonum: you should not do evil that good may 
 result. Non feasance; v. Nonfeasance. Non fecit (he did 
 not make it) : a plea to an action on a promissory note, etc. 
 Non habuit ingressum nisi per, etc. : he had no entiy 
 except through, etc. Non impedit clausula derogatoria 
 quo minus ab eadem potestate res dissolvantur a qua 
 constituentur : a derogatory clause in an act does not prevent 
 its being dissolved by the same power which created it. Non 
 impedivit : ne disturba pas. Non infregit conventionem : 
 he did not break the covenant. Nonjoinder: v. Nonjoinder. 
 Non juror : v. Nonjuror. Non jus sed seisina faoit stipi- 
 tem: it is not the right, but the seisin, that determines the 
 root of descent ; i. e. an estate descends from the person last 
 actually seised, not seised in law merely. Non liquet : it is 
 not clear [I am undecided]. Non memini : I do not remem- 
 ber. Non observata forma, infertur adnullatio actus: 
 where due form is not observed, the annulling of the act follows. 
 Non obstante: notwithstanding, in spite of anything to the 
 contrary. Non obstante veredicto: a judgment for the 
 plaintiff entered by order of court after a verdict for the defend- 
 ant. Non omittas (that you do not omit) : a writ or clause 
 in a writ authorizing a sheriff to enter a liberty in serving 
 process. Non omne damnum producit injuriam: not 
 every damage produces a legal wrong. Non omne quod li- 
 cet honestum est : not everything that is lawful is honorable. 
 Non omnium quae a. majoribus constituta sunt ratio 
 reddi potest : "a reason cannot be given for everything estab- 
 lished by our forefathers. Non plevin: v. Nonplevin. Non 
 possessor! incumbit necessitas proband! eas ad se per- 
 tinere : the burden does not lie on a possessor of proving his 
 possessions his own. Non potest adduci, etc. ; v. Exceptio. 
 Non potest probari quod probatum non relevat: that 
 cannot be proved which would not be relevant if proved. Non 
 potest quis sine brevi agere : no one can sue without a writ. 
 Non potest res gratiam facere cum injuria et damno 
 aliorum : the King cannot confer a benefit to the damage and 
 
NON PROS'— NONJUROR 215 
 
 •wrong of others. Non pros', prosequitur (he does not pur- 
 sue) : an entry by, and judgment for, the defendant, when the 
 plaintiff fails to proceed with his suit, or to file any necessary 
 process in due time. Non quod dictum, sed quod factum 
 est, Inspicitur : not what was said, but what was done, is re- 
 garded. Non refert an quis assensum suum prsefert ver- 
 bis, an rebus ipsis et factis : it matters not whether he give 
 his consent by words, or by the tilings themselves and deeds. 
 Non refert quid notum sit judici, si notum non sit in 
 forma judicil : it matters not what may be known to the judge, 
 if it be not known judicially. Non refert verbis an factis 
 fit revocatio : it does not matter whether the revocation be in 
 words or deeds. Non sequitur : it does not follow; v. Nonsuit. 
 Non Solent quae abundant vitiare scripturas : superfluous 
 expressions do not usually vitiate instruments. Non submi- 
 sit (he did not submit to arbitration) : a plea to an action on an 
 award. Non suit : v. Nonsuit. Non sum informatus (I am 
 not instructed) : a species of judgment by default, entered for 
 the defendant's attorney ; usually in pursuance of an agreement 
 between the parties. Non tenuit ([the plaintiff] did not hold) : 
 a plea in bar in replevin to an avowry for arrears of rent. Non 
 tenure : v. Nontenure. Non term : v. Nonterm. Non-user : 
 v. Nonuser. Non valet ezceptio, etc. : v. Exceptio. Non 
 videntur qui errant consentire : they who consent under a 
 mistake do not consent at all. Non videtur consensum 
 retinuisse si quis ez prsescripto miuantis aliquid immu- 
 tavit : if he changed anything at the dictate of a person threat- 
 ening, he is not held to have continued his consent. 
 
 Nonability. Incapacity ; as, to sue, etc. 
 
 Nonage. Infancy; under age ; v. Age. 
 
 Nonclaim. A neglect to challenge another's right vrithin the time 
 limited by law, by which the claimant was barred of his right or 
 entry. 
 
 Nonfeasance. A not doing ; a non-performance, v. Malfeasance. 
 
 Nonjoinder. A failure to join in an action all the necessary par- 
 ties. A plea in abatement on that ground. 
 
 Nonjuror. A person refusing to take an oath imposed by the gov- 
 ernment ; particularly the oath of allegiance to William III. and 
 his successors, after the abdication of James II. 
 
216 NONSUIT — NOTICE 
 
 Nonsuit A judgment given against a plaintiff when he cannot 
 prove his case, or when he abandons it after issue joined and 
 before verdict. Nonsuits are commonly voluntary, and were 
 effected by the plaintiff's not answering when called to hear the 
 verdict. 
 Nontenure. An exception to the demandanfs count in a real ac- 
 tion, denying that he was terutnt of the freehold. 
 Nonterm. The time of vacation between term and term. 
 Nonuser. Omission to assert a privilege, franchise, easement, or 
 
 right. 
 Normal la'w. The law affecting persons mi juris and compos men- 
 tis, when they are in a normal condition ; the law of things, as 
 distinct from the law of persons. 
 Noscitur a sociis, I. [He] it is known by [his] its companions. 
 The meaning of a word may be determined by the meaning of 
 the words associated with it. 
 Not found. V. Bill, 1. 6. Not guilty : a plea of the general issue 
 in trespass, case, and criminal causes. Not possessed : a plea of 
 specific traverse in trover, denying that the plaintiff was possessed 
 of the goods at the time of action brought. Not proven : a 
 Scotch verdict in criminal cases, having the legal effect of a ver- 
 dict of not guilty, but leaving the prisoner under suspicion. 
 Nota, /., Note. A note, a memorandum ; a preliminary memoran- 
 dum of a deed or charter; v. Fine. A promissory note: 
 a negotiable unconditional promise, written and signed by the 
 maker, for the payment of a certain sum of money to some 
 certain person, his order, or bearer. He is called the payee. 
 Notary. A public ministerial officer, before whom many acts are 
 required to be done ; as the attestation of deeds or writings, the 
 protesting of negotiable paper, etc. 
 Notice, Notitia, ;. 1. Knowledge. Actual notice : when a third 
 person has actual knowledge of a fact or transaction affecting his 
 interests. Constructive notice : when such an act is done or 
 state of things exists as would put a reasonable man on his in- 
 quiry, or where a legalized form of notice [such as record or 
 advertisement] is complied with ; in both of which cases, as to 
 the rights of a third party, the legal consequences of actual no- 
 tice wiU follow. 2. A written notification, dated, addressed, and 
 signed by the party or his attorney. 
 
NOVA — NULLUS 217 
 
 Nova, /. New. Nova oonstitutio futuris formam imponere 
 debet, non prseteritis : a new statute ought to prescribe form 
 to future acts, not past [ought to be prospective, not retrospect- 
 ive, in its operation]. NQva custuma: v. Custuma. Novae 
 Narrationes (new counts) : a book of forms of pleadings pub- 
 lished in the reign of Edward III. Nova statuta (new stat- 
 utes) : the English statutes from 1 Edward III. 
 
 Novatio, /., Novation. The substitution of a new debt or obliga- 
 tion for an old one, which latter is thereby extinguished. It is 
 novation if either the debtor, the creditor, or the obligation be 
 changed. 
 
 Novel, _/9-. New. Novel disseisin : v. Assize. 
 
 Novels. The New Constitutions of Justinian and his successors. 
 
 Noverint imiversi per prcesentes, I. Know aE men by these 
 presents. 
 
 Noviter ad notitiam perventa, I. Matters lately come to the 
 knowledge of a party. 
 
 Novum judicium non dat jus novum, sad declarat anti- 
 quum, /. A new judgment does not give new law, but declares 
 the old. 
 
 Nuda pactio obUgationem non parit, I. A bare promise does 
 not create an obligation. 
 
 Nudus, nudum, /. Naked ; bare. Nuda patientia : mere suffer- 
 ance. Nuda possessio : mere possession. Nudum pactum: 
 an agreement without a consideration ; v. Ex. 
 
 Nuisance. Annoyance, damage, especially if to or from real prop- 
 erty, v. Common, Private, Assize. 
 
 Nul./r. No ; no one. Nul agard, nul fait agard, nul tiel 
 agard : a plea denying the award in an action on an arbitration 
 bond. Nul assets ultra : no further assets. Nul disseisin ; 
 the general issue in a real action, or assize of novel disseisin. 
 Nul prendra avantage de son tort demesne : no one shall 
 take advantage of his own wrong. Nul tiel record : a pleading 
 denying the existence of a record as alleged ; the general plea in 
 an action of debt on a judgment. Nul tort (no wrong) : an old 
 general issue in a real action, like Nul disseisin. Nul ^^ast 
 fait : the old general issue in an action of waste. 
 
 Nullus, nullum, /. No one ; none ; null ; void. Nulla bona (no 
 goods) : a sheriff's return to a, fieri facias, when the defendant had 
 
218 NULLA— NUPTLffl 
 
 no goods within the county on which a levy could he made. Nulla* 
 pactione effici potest ut dolus prsestetur (by no agreement 
 can it be effected that a fraud should be maintained) : no possible 
 contract can prevent the agreement from being invahdated by 
 fraud. NuUius filius : nobody's son, a bastard. Nullius in 
 bonis: the property of no one. NuUlus juris: of no legal 
 force. Nullum arbitrium : no award ; v. Nul agard. Nul- 
 lum iniquum est prsesumendum in jure : nothing unjust is 
 to be presumed in law. Nullum simile est idem : nothing 
 similar is the same. Nullum tempus occurrit regi (no time 
 runs against the King) : no lapse of time is a bar to a right 
 of the Crown. NuUus commodum capere potest de in- 
 juria sua propiria : no one can take advantage of his own wrong. 
 NuUus idoneus testis in re sua intelligitur : no one is under- 
 stood to be a fit witness in his own case. NuUus jus alienum 
 forisfacere potest : no one can forfeit another's right. NuUus 
 recedat e curia oancellaria sine remedio : let no one leave 
 the Court of Chancery without a remedy. NuUus videtur 
 dolo facere qui suo jure utitur: he is not to be esteemed a 
 wrong-doer who avails himself of his legal rights. 
 
 Numerus certus pro incerto ponitur, /. A definite number is 
 put for an uncertain one. 
 
 Nunc pro tunc, I. Now for then, retroactive. 
 
 Nuncupative wiU, Oral directions as to the disposal of the tes- 
 tator's property, made before witnesses, and not immediately re- 
 duced to writing. 
 
 Nundinae, I. A fair ; fairs. 
 
 Nunq, nunques.^r. Never. 
 
 Nunquam indebitatus, I. Never indebted. Nunquam crescit 
 ex post facto praeteriti delicti sestimatio : the character of 
 a past offence is never aggravated by a subsequent matter. 
 Nunquam prsescribitur in falso : there never can be prescrip- 
 tion in a case of forgery. 
 
 Nuper, I. Late. Nnper obiit (lately died) : an old writ for a co- 
 heiress who was kept out of possession by her coparcener. 
 
 Nuptise, /. Marriage. Nuptias non concubitus sed con- 
 sensus facit: the consent, not the consummation, makes the 
 marriage. ' 
 
— ODIO 219 
 
 0. 
 
 O. N. B. Old Natura Brevium. 
 
 Ob, I. For ; about ; oa account of. Ob turpem causam : for an 
 immoral consideration. 
 
 Obit, A (He dies.) A funeral solemnity; the anniversary office ; 
 Obiit sine prole : he died without issue. 
 
 Obiter, I. By the way, in passing, v. Dictum. 
 
 Oblata, /. Gifts or offerings to the Crown ; formerly a regular 
 source of royal revenue. Old debts, in the Exchequer, Oblations. 
 
 Oblations. Gifts or offerings to God or the Church ; mortuary 
 presents, soulscot ; payments or gifts for masses, funerals, etc. 
 Formerly the principal source of church revenues. 
 
 Obligation. A bond ; a sealed writing by which a person is legally 
 bound. 
 
 Obligor. The party bound. Obligee : the party to whom a prom- 
 ise is made in a bond. 
 
 Obsta principiis, I. Withstand the beginnings. 
 
 Obstupare, /. To stop up. Obstupavit et obstruzit : stopped 
 up and obstructed. 
 
 Obtemperandum est consuetudini rationabili tanquam 
 legi, I. A reasonable custom is to be obeyed like law. 
 
 Obtulit se, /. (He offered himself.) An entry on the record when 
 the other party did not appear. 
 
 Obventio, I. Obvention ; rent ; revenue of a spiritual living. 
 
 Occupant A person who takes possession of a thing in default of 
 an owner. General occupant : the first person who entered 
 on lands held pur auter vie after the death of the tenant, and 
 who might hold them until the death of the cestui que vie. If 
 he entered under the original grant, as heir of the tenant, or 
 otherwise, he was termed a special occupant. 
 
 Occupatio, /. The taking of what previously belonged to no one ; 
 an original method of acquiring property. 
 
 Occupavit, I. An old writ for one ejected from his land in time 
 of war. 
 
 Octave. The eighth day after a feast ; one of the old return-days. 
 
 Octo tales, /. Eight such. v. Decern tales. 
 
 Odio et atia. v. De. 
 
220 (EPS — OMNE 
 
 GBps, cea,fr. Use. 
 
 Office, Office foand. v. Inquest of Office. Office copy: 1. The 
 copy of a record or filed document made by the officer having it 
 in charge, or by him sealed or certified. 3. A copy written at 
 pleasure ; v. Close copy. 
 
 Officina justitiss, I. The workshop of justice, v. Court, 15. 
 
 Officium, /. Office. Ex officio : by or from office, by virtue of of- 
 fice, officially. Officium nemini debet esse damnosum : an 
 office ought not to be an occasion of loss, to any one [holding it], 
 
 Oie, oiez, oir.yn v. Oyer. 
 
 OU, 6yel,/A 1. Yes; yea. 3. The eye. 
 
 Old Bailey, v. Court, 48. Old Natura Brevium. A list and 
 treatise of the writs most in use, compiled in the reign of Ed- 
 ward III. ; V. Natura Brevium, Fitzherbert. Old Statutes: 
 T. Vetera Statuta. 
 
 Oleron. A code of maritime laws was published at Oleron, an 
 island off the French coast, in the twelfth century, under Rich- 
 ard I. or his mother, Queen Eleanor. 
 
 Olograph, olographic. A deed or instrument written entirely by 
 the person making it, a holograph, autographic. 
 
 Om, on,^. Man; one; anyone. 
 
 Omissio eorum qui tacite insunt nihil operatur, /. The omis- 
 sion of those things which are tacitly implied has no effect. 
 
 Omissis omnibus aliis negotiis, /. Laying aside all other busi- 
 ness. 
 
 Omne crimen ebrietas et incendit et detegit, I. (Drunken- 
 ness both instigates and discloses every crime.) Drunkenness 
 aggravates the offence. Omne jus aut consensus fecit, aut 
 necessitas constituit, aut firmavlt consuetudo : every 
 legal right was either created by consent, enacted by reason 
 of necessity, or confirmed by custom. Omne majus continet 
 in se minus : every greater contains in itself the less. Omne 
 majus dignum, etc. -. v. Magis dignum. Omne quod inse- 
 diiicatur, etc. : v. Ineeiificatum. Omne sacramentum debet 
 esse de carta scientia: every oath [every statement sworn 
 to] ought to be upon certain knowledge. Omne testameutum 
 morte consummatum est: every will is made complete by 
 the death [of the testator.] Omnes licentiam habere his, 
 quae pro se indulta sunt, renunciare : all have liberty to 
 
OMNES — OPEEATIO 221 
 
 renounce such privileges as are conferred for tlieir own benefit. 
 Omnes sorores sunt quasi unus haeres de una hseredl- 
 tate: all sisters are, as it were, one heir of one inheritance. 
 Omni exceptione majores : beyond all exception ; aboye sus- 
 picion. Omnia delicta in aperto leviora sunt: all faults 
 committed openly are less heinous. Omnia performavit : he 
 hath performed them all. Omnia praesumuntur contra 
 spoliatorem : every presumption is made against a despoiler 
 [one who destroys or withholds evidence]. Omnia prssumun- 
 tur rite, legitime, solemniter esse acta : all things are pre- 
 sumed to have been properly, lawfully, formally done, donee 
 probetur in contrarium, until proof be made to the contrary. 
 Omnia quse sunt uxoris sunt ipsius viri : all things which 
 are the wife's are the husband's. Omnibus ad quos prae- 
 sentes literse pervenerint, salutem : to all to whom these 
 letters shall come, greeting. Omnis actio est loquela: every 
 action is a complaint. Omnis definitio in lege periculosa : 
 any definition in law is dangerous. Omnis innovatio plus 
 novitate perturbat quam utilitate prodest : every innova- 
 tion disturbs more by its novelty than it benefits by its utility. 
 Omnis nova constitutio futuris formam imponere debet, 
 non praeteritis : every new enactment ought to prescribe form 
 for future things, not past. Omnis privatio praesupponit 
 habitum : any deprivation implies former possession. Omnis 
 ratihabitio retrotrahitur et mandate priori aequiparatur : 
 every ratification works backward, and amounts to a previous 
 command. Omnium bonorum: of all the goods; of one's 
 entire estate. 
 
 Oneris ferendi, I. The servitude of support ; as by a party wall 
 or other structure to a neighbor's house. 
 
 Onerous. Not lucrative; with good consideration. 
 
 Onomastic. A signature to an instrument written by another 
 hand ; not holographic. 
 
 Onus proband!, I. The burden of proving. 
 
 Ope et consilio, I. By aid and counsel. 
 
 Open law. Manifest law ; trial by ordeal or battel. Open poli- 
 cy : V. Policy. Open theft : v. Furtum manifestum. 
 
 Operarius, I. A tenant by bodily labor. 
 
 Operatic, I. A day's work by the tenant. 
 
222 OPINIO — ORIGINAL 
 
 Opinio quae favet testameuto est tenenda, I. The opiuiou 
 which favors the will is to be held. 
 
 Oportet, I. It behoves. Oportet quod certa res deducatur 
 in donationem, in judicium : it is necessary that a thing cer- 
 tain be brought into the gift, to judgment. 
 
 Opp'. For Obtnlit se, he offered himself; an entry on the record 
 when one party made default. 
 
 Optima est legis interpres consuetudo, I. Custom is the best 
 interpreter of laws. Optima est lex quee minimum relin- 
 quit arbitrio judicis, optimus judex qui minimum sibi : 
 that law is best which leaves least to the judge's discretion; that 
 judge, who leaves least to himself. Optimus interpres rerum 
 usus : usage is the best interpreter of things. 
 
 Option. The prerogative of an archbishop on appointing a bishop 
 to have the latter provide a living for a clerk named by the for- 
 mer. Optional writ : a writ framed in the alternative, to do a 
 thing or show cause. 
 
 Opus, ;. Work, labor. Benefit, advantage. Opus manificum : 
 manual labor. Opus novum : a new structure. 
 
 Orator. A petitioner ; a plaintiff in equity. 
 
 Ordeal. An old method of trial by the judgment of Ood. The fire 
 or iron ordeal, where the accused took a piece of red-hot iron 
 in the hand, or stepped blindfold and barefoot over red-hot 
 ploughshares. The water ordeal, where he either plunged his 
 arm into boiling water, or was thrown into a pond. If he es- 
 caped unhurt, or sank in the latter case, he was acquitted. The 
 campfight or dnellitm was also a sort of ordeal ; so the corsned. 
 
 Order. In Chancery, a decision upon an interlocutory matter. 
 The acts of a judge in chambers, v. Rule. 
 
 Ordinary. The judge having the ordinary, original, ecclesiastical 
 jurisdiction in a diocese ; generally the bishop. In some Ameri- 
 can States, the judge of probate and administration. Ordi- 
 nary's court: V. Court, 82, 110. 
 
 Ordine placitandi servato, servatur et jus, I. When the order 
 of pleading is observed, the law is also. 
 
 Ore, fr. Now. 
 
 Ore tenus, I. Orally ; by word of mouth. 
 
 Original BiU. v. Bill, I. 10. Original writ, conveyance, 
 process ; v. Writ, Conveyance, Process. 
 
ORIGO — OVEL 223 
 
 Origo rei inspici debet, I. The origin of the thing ought to be 
 examined. 
 
 Orphan's Court A Court of Probate, v. Court, 110. 
 
 Oater, Otei, fr. v. Oitster. 
 
 Ostendit vobis, I. Shows to you. 
 
 Ostensible partner, v. Partner. 
 
 Ou,/r. Or; where; whither; whereas; with; within. 
 
 Oultre le Taer,fr. Beyond the sea. 
 
 Ouster, oster, otei, fr. To put out ; take away ; dispossess ; to 
 oust, deprive of. Dispossession of a freehold or chattel real, 
 or an hereditament corporeal or incorporeal ; the most general 
 term for exclusion from the possession of land ; whereby the 
 party ousted can only regain possession by employing legal 
 remedies. Ousterlemain (to remove the hand) : 1. The livery, 
 
 • or delivery of the ward's lands out of the hands of the guardian 
 on the former's arriving at the proper age ; a writ against the 
 lord for this purpose. 2. A delivery of lands out of the King's 
 hands by judgment for the pUtitioner on a monstrans de droit. 
 
 Ouster, /r. Over; further; beyond. Ouster le mer: beyond 
 sea; V. Essoin. 
 
 Outer bar. The junior barristers, v.' Queen's Counsel. 
 
 Outfangthefe, sax. Either a tenant taken for theft outside the 
 manor, or a strange thief taken within it. The privilege enjoyed 
 by a lord of a manor of trying one of his tenants taken else- 
 where for theft. 
 
 Outla-w. A person out of the protection of the law; whose prop- 
 erty is thereby forfeited, and who has, in general, no legal rights. 
 In early times he bore a caput lupinum, and might be killed at 
 sight. 
 
 Outlawry. A process by which a defendant or person in con- 
 tempt on a civil or criminal process was declared an outlaw. If 
 for treason or felony, it amounted to conviction and attainder. 
 V. Exigent, Capias utlagatum. 
 
 Outre,/^. Beyond. 
 
 Outstanding term. Attendant term. 
 
 Ove,/r. . With, for. Ovesque : with. 
 
 Overt. Open, evident, v. Market. 
 
 Ovel, owel, /r. Equal. Owelty: equality. En owel main: 
 in equal hand. 
 
224 OWLING— PALATINE 
 
 0^7ling. The offence of transporting wool or sheep out of the 
 kingdom. 
 
 Ozgang, ozgate. As much land as an ox could till ; fifteen acres. 
 
 Oyel, oyl, oU,/r. Yes. 
 
 Oyer, fr. To hear ; hearing. Oyez : hear ye. The hearing a 
 deed read in court, to which a defendant was entitled in actions 
 based upon the deed or record where the plaintiff had to make 
 prqfert. To crave oyer: to demand that the instrument be 
 read, or that the party may be furnished with a copy. 
 
 Oyer et terminer, /r. To hear and determine. 1. A special com- 
 mission to judges or others to inquire into a treason or felony on 
 a sudden outbreak or public outrage. 2. The general commis- 
 sion of the same nature ; v. Assize. 3. In New York, the title 
 of a criminal court, v. Court, 111. 
 
 P. 
 
 •m 
 
 P. C. Por Parliamentary Cases, Privy Council, Pleas of the 
 ' Crown. 
 
 P. P. Per procurationem. 
 
 Pactum, I. A pact; compact, agreement. Pacta dant legem 
 contractul : the stipulations of the parties constitute the law of 
 the contract. Pacta privata non derogantjuri communi: 
 private agreements cannot derogate from public right. Pactum 
 corvinum de hsereditate viventis : a crow-like bargain for 
 the inheritance of a living person. Pactum de non petendo: 
 an agreement not to sue. 
 
 Paine forte et dure, fr. A punishment for a person accused of 
 felony who stood niut« and refused to plead. It was not admia- 
 istered until after threefold warning (trina admonitio), and 
 consisted of being crushed with weights and starved. 
 
 Pais,/?-. The country. The jury. In pais: open, in the country; 
 V. Matter in pais. Trial per pais : by the jury. 
 
 Paix,/r. Peace. The concord of a /»e. 
 
 Palace court, v. Court, 56. 
 
 Palam, I. Openly. Palam populo : before the people. 
 
 Palatine. Pertaining to a palace, possessing royal privileges. Vi 
 County. 
 
PANDECTS — PARISH 225 
 
 Pandeota. The Code Justinian, or Digest, the chief compilation 
 of tlie corpus juris civilis under Justinian. 
 
 Panel, panell. A parchment schedule containing the names of the 
 jurymen returned by the sheriff, annexed to the venire facias. 
 V. Impanel. 
 
 Paper-book. A formal collection, copy, or file of the pleadings 
 and proceedings in a cause, prepared for the judges upon the 
 hearing ; the transcript of the record. 
 
 Far, I. Equal, like. Par in parem imperium non habet: an 
 equal has no authority over an equal. Par delictum: equal 
 guilt. 
 
 Parage. Equality of condition, blood, or dignity, v. Disparage. 
 
 Paramount Above, over all. The lord paramount: the chief 
 lord, of whom the mesne lords held. 
 
 Paraphernalia, Parapherna. Movable goods vrhich a widow is 
 allowed to retain besides her dower; jewels, apparel, etc. 
 
 Paratum habeo, I. (I have him in readiness.) A sheriff's return, 
 upon a ca. resp., that he had taken the defendant, and had him 
 ready to bring into court. 
 
 Paratus est verificare, I. He is prepared to verify, v. HI hoc. 
 
 Paravail. The lowest tenant of land was so called, he who held of 
 the mesne lords, and was supposed to occupy the land. 
 
 Parceners. Coparceners, v. Coparcenary. 
 
 Parchemin,yr. Parchment; a record. 
 
 Parco fracto. v. Poundbreach. 
 
 Parens patriae, I. The father of the country; in England, the 
 King ; in America, the State ; having guardianship of the poor 
 and incapable. 
 
 Par, /. Equal. Pares: peers. The freeholders of a neigh- 
 borhood. Pares curiae: the tenants of a manor in attend- 
 ance on the court. Pares de vioineto: the freeholders 
 of the neighborhood, the venue. Pares regni: peers of the 
 realm. 
 
 Pari delicto, I. Of equal guilt. Pari materia; of the same 
 matter, on the same subject. Pari passu: in equal degree, by 
 equal steps. Paribus sententiis reus absolvitur: when the 
 opinions are equally divided, the defendant is acquitted. Parium 
 judicium: judgment of the peers, trial by jury. 
 
 Parish Court v. Court, 113. 
 
 15 
 
226 -PARK — PARTY 
 
 Park. A piece of enclosed land privileged for tie keeping of beasts 
 of chase. 
 
 Parler,/r. To speak. Parlance: speech. 
 
 Faxmy, fr. By; through, throughout. 
 
 Parol, /r. A word. Oral ; not written, not under seal. Parol 
 contract: a contract, written or otherwise, but not under seal 
 or of record. Parol demurrer: v. Age-prier. Parola de 
 ley : the technical words of law. 
 
 Pars, /. A part, party. Pars enitia : v. Emtia. Pars ejusdem 
 negotii: part of the same transaction. Pars fundi: part of 
 the soil. Pars judicis : the duty of the judge. Pars ratio- 
 nabilis : v. De rationabili parte bonorum. 
 
 Parson imparsonee. v. Induction, Imparsonee, Uecior. 
 
 Part and pertinent. Scotch, for appurtenances. 
 
 Parte, I. v. Pars. Parte inaudita : one side unheard, ex parte. 
 Partes finis nil habuerunt (the parties to the fine had noth- 
 ing) : an old pleading in answer to a fine of land, set up in an 
 action, but which had been levied by a stranger. 
 
 Particeps criminis, /. A party to the crime, an aocomphoe. 
 
 Particular average, lien. v. Average, Lien. Particular estate: 
 an estate for life or years preceding a remainder. 
 
 Partition. The division of land held by more than one owner, as 
 in common, joint tenancy, or coparcenary, into several shares. 
 
 Partnership. An association of persons for the purpose of profit, 
 in which the members (partners) are mutually principal and 
 agent, and share in the profits or losses ; a general partner- 
 ship. Limited partnership : one which contains one or more 
 special partners. Dormant partner: one who partakes of the 
 profits, but has no power in the partnership, and whose name 
 does not appear in the firm. Nominal partner: one whose 
 name appears in the firm, but who has no real interest. Osten- 
 sible partner : one who holds himself out as a partner, by inter- 
 fering in partnership affairs, assuming authority, or allowing his 
 name to appear in the firm. Special partner : one who is only 
 liable for losses to the extent of his capital invested, and has no 
 authority in partnership affairs. 
 
 Partus, /. Birth, offspring. Partus sequitur ventrem: the 
 offspring follows the womb [belongs to the owner of the mother]. 
 
 Party-wall A wall erected on the line between two lots of land, 
 
PARVA— PEAS' 227 
 
 belonging to the owners in common. Party-jury: v. Bilinguis. 
 Party-witness: v. Witness. 
 
 Parva proditio, /. Petty treason. Parva serjeantia: petty 
 serjeanly. Parvum cape: petit cape ; v. Cape. 
 
 Fas, fr. Not; no. A step. 
 
 Fascha, I., Faqaes, fr. Easter. 
 
 Fateat universis per praesentes, I. Know all men by these 
 presents. 
 
 Patent. Open; unsealed, v. Clause, Ambiguity, Writ. Letters 
 patent : a grant of some privilege, title, property, or authority 
 made by the sovereign to one or more subjects. Patent : the 
 grant of an exclusive privilege to make, use, or sell an invention 
 for a term of years ; a grant by the state or government of pub- 
 he lands. 
 
 Pater, I. Father. Pater-familias : the father of a family. Pater 
 est queni nuptise demonstrant : the father is he whom the 
 marriage indicates. Pater patriae: father of the realm; v. 
 Parens. Paterna paternis : paternal estates [go to the] heirs 
 on the father's side ; v. Materna. 
 
 Patiens, /. The passive party to an act ; the patient, v. Agent. 
 
 Patria potestas, I. In civil law, the authority of a father over his 
 family. 
 
 Patron. He who has an advowson, the gift of a benefice. Pa- 
 tronage : the advowson. 
 
 Patroon. In New York, the lord of a manor. 
 
 Pawn. A bailment of personal property as security for a debt ; a 
 pledge. 
 
 Pax, I., FcdXi/r. The peace: Pax ecclesise : the peace of the 
 church, sanctuary. Pax regis : the King's peace ; lawful order, 
 quiet. The verge of the court, a privileged district or sanc- 
 tuary around the King's palace. 
 
 Payee, v. Note, Bill, III. 4. 
 
 Payments, Appropriation, Application, Imputation of. The 
 application of a payment to one of several debts existing be- 
 tween the same parties. If the debtor say nothing about it, the 
 creditor may apply the payment to whichever debt he choose. 
 
 Fa.jB,/r. Country, v. Pais. 
 
 Peace, Bill of. v. Bill, I. 12. Commission of: v. Assize. 
 
 Feas,/r. Peace ; the concord of a.fne. 
 
228 ■ PECCATUM — PER 
 
 Peecatum, /., Peohe,/r. A fault; a sin. 
 
 Fecia, /. A piece. 
 
 Peculiar. In ecclesiastical law, a parish exempt from the ordiaarfs 
 jurisdictionj and subject only to the metropolitan, or to him who 
 holds the benefice, v. Court of Peculiars, Court, 84. 
 
 Feculium, /. Such priyate property as was allowed a wife, child, 
 or slave in the Roman law. Paraphernalia. 
 
 Pecunia, I. Cattle ; property ; personal property ; fungible goods ; 
 money. Pecunia numerata : counted money. Pecunia non 
 numerata: money not paid. Pecunia trajectitia: a loan of 
 money on a ship or cargo ; bottomry, foenus nauticum. 
 
 Pecus, pl. pecora, I. ' A beast ; cattle. 
 
 Pede pulverosus, /. Dusty foot; a huckster attending fairs. 
 V. Court of Piepowders, Court, 36. 
 
 Pedem ponere, /. To place the foot; enter on lands. Pedis 
 positio : actual possession. 
 
 Pee,//-. The foot ; the foot of a/»e. 
 
 Peer. An equal. The vassal of a lord who sat in his court to 
 judge his co-vassals. A lord temporal, having a seat in Par- 
 liament ; a baron or higher nobleman. 
 
 Pees,/r. v. Peas. 
 
 Peine, /r. Punishment, v. Paine. 
 
 Penal. Punishable; with a penalty annexed, v. Action, Bill, 
 III. 7. 
 
 Pendente, I. Hanging. Pendente lite : during the suit, nihil 
 innovetur, nothing should be changed, v. Fructus. 
 
 Fen&ie, fr. To hang. Pendu : hanged. 
 
 Pensa, I. A weight. Pensata: weighed. 
 
 Per, ;. Through ; by ; during. Per ambages : by evasive meth- 
 ods. Per annulum et baculum : .^jimng and staff ; v. Annu- 
 lus. Per annum : by the year. Per auter vie : for the life of 
 another ; v. Pur. Per aversionem : a sale by bulk, in a lump. 
 Per capita: per head; by heads, as distinguished from per 
 stirpes, by roots of descent, by families. Per consequens : 
 consequently. Per considerationem curiae : by the judgment 
 of the court. Per contra : on the other hand. Per corpus 
 (by the body) : by battel, as distinguished from trial by jury. 
 Per, per and cui : y. Entry, writ of. Per our', curiam : by the 
 court. Per defaltam : by default. Per diem : per day. Per 
 
PER — PEREMPTORY 229 
 
 equipollens : by an equivalent [word]. Per ezpressum : ex- 
 pressly. Per fas aut uefas ; by right or ■wrong. Per formam 
 doni : by the/oraj of the gift, which governed descent in estates 
 tail. Per fraudem: by fraud. Per incuriam: by mistake. 
 Per infortunium : by misadventure. Per legale judicium 
 parium: by the lawful judgment of his peers. Per legem 
 Anglise, terrse : by the law of England, of the land. Per me- 
 dletatem linguae : by half-tongue ; v. Bilingms. Per metas 
 et bundas : by metes and bounds. Per minas : by threats. Per 
 misadventure : by mishap. Per my et per tout (/r.) : of 
 the half and of all ; v. Joint tenants. Per omnes : by all [the 
 judges]. Per pais : by the country ; v. Pais. Per pares Cur- 
 tis : V. Far. Per patriam : by the country. Per proo', pro- 
 curationem : by appointment ; as agent. Per quae servitia 
 (by which services) : a writ judicial issuing from the note of a 
 fine of lands, which lay for the cognizee of a manor, seigniory, etc., 
 to compel the tenant of the land to attorn to him. Abolished by 
 the 3 & 4 Will. IV. c. 27. Per quod actio accrevit : where- 
 by an action accrued. Per quod consortium amisit (whereby 
 he lost the society [of his wife]) : an action by the husband for 
 trespass to the wife. Per quod servitium amisit (whereby 
 he lost the service) : an action for injury to, or seduction of, a 
 child or servant. Per saltum : by a leap, at one step. Per 
 se : by himself, in itself Per stirpes : by stocks ; v. Capita, 
 Per capita. Per subsequens matrimonium : by a subse- 
 quent marriage. Per tant : v. Pur. Per testes : by witnesses ■' 
 V. Common form. Per totum tempus prsedictum : during 
 all the time aforesaid. Per totam curiam : by the fuU court. 
 Per usucaptionem : by possession, by uninterrupted enjoy- 
 ment. Per vadium : by gage, by way of pledge. Per verba 
 de futuro : by words of the future [tense] ; de praesenti, of the 
 present ; a distinction made in contracts of marriage. Per vi- 
 sum ecclesiae: by the supervision of the church. Per visum 
 juratorum : by a view of the jury. Per vivam vocem : by 
 the living voice, viva voce. ' 
 
 Per, /r. V. Pur. Peramount : above. Peravaile : below. 
 
 Perdre,/r. To lose. Perdu, pert : lost. 
 
 Peremptory, v. Mandamus. Peremptory challenge: a chal- 
 lenge to a juror without cause or reason given, usually allowed 
 
230 PEREMPTORY— PERSPICUA 
 
 in criminal cases. Peremptory plea: not dilatory, one im- 
 peaching the right. 
 
 Perfeotmg bail, 'io justify bail after exception. 
 
 Pergamenum, /. Parchment ; a record. 
 
 Periculum, I. Danger, peril. Periculo petentis : at the risk of 
 the suitor. Periculum rei venditae, nondum traditee, est 
 emptoris : the risk of a thing sold, not yet deliyered, is the 
 buyer's. 
 
 Perjury. False swearing, under oath lawfully administered in a 
 judicial, legal, or political proceeding, to a material point. 
 
 Permissive -waste. Waste resulting from omission, v. Waste. 
 
 Pernancy. Receiving ; actual taking of rents or profits. 
 
 Pernor, pernour,/?-. A taker, receiver. 
 
 Ferpetua lex, etc. v. Clausula. 
 
 Perpetual curate, v. Rector. 
 
 Perpetuating testimony, v. Bill, I. 13. 
 
 Perpetuity. An estate unalienable for a long time ; for time longer 
 than that allowed by law. Such limitation, if for a time which 
 may be longer than lives in being at the time it takes effect and 
 twenty-one years nine months after, is void for remoteness. 
 
 Perquirere. I. To gain, acquire. Perquisitio ; purchase. 
 
 Persona conjuncta sequiparatur interesse proprio, I. (A 
 united person is equivalent to one's own interest.) Nearness of 
 blood is as good a consideration as personal profit. Persona 
 impersonata : a parson imparsonee. Persona praedilecta : a 
 person particularly favored. 
 
 Personable. Able to maintain a plea, capable of suing. 
 
 Personal. Of the person, following the person, not real. Perso- 
 nal replevin : v. Replevin. Personal estate, assets, prop- 
 erty: those which go to the executor, not the heir, on the death 
 of the owner; usually things movable. Personal action, 
 chattels, replevin: v. Action, Chattels, Replevin. Personal 
 representative : the executor or administrator ; sometimes, 
 the next of kin. 
 
 Personalty. Personal property. Mixed personalty: chattels 
 real ; for they are subject to the statutes of Mortmain, which 
 pure personalty is not. 
 
 Perspicua vera non sunt probanda, I. Plain truths need not 
 be proved. 
 
PERTINENS — PIGHTEL 231 
 
 Fertinens, I. Appendant, appurtenant. PertinentiaB : appurte- 
 nances. 
 
 Pesoher,/;-. To fish. Pescherie : fishery. 
 
 Petere, ;. To beg, demand; to sue. Petena: a demandant, a 
 plaintiff in a real action. Petit judicium : he prays judgment. 
 
 Peter's pence. A tax of a peony on each house m England ; 
 formerly paid the Pope. 
 
 Petit, fr. Petty ; small. Petit Cape, Jury, Larceny, Ser- 
 jeanty, Treason : see those titles. 
 
 Petitio, /. A demand ; a count. Petitio principii : a begging of 
 the question. 
 
 Petition de droit, yj-. The modern name for a monstrans de droit; 
 a petition of right filed in Chancery, by which a subject recovers 
 lands or goods in possession of the Crown. Upon being in- 
 dorsed by the King, Soit droit fait al partie (let right be 
 done to the party), a commission of inquiry issued ; and judg- 
 ment for the petitioner was by amoveas nanus. 
 
 Petition. A written motion to a court. Petition of Right: 
 1. V. Petition de Droit. 2. A parliamentary declaration of the 
 liberties of the people, assented to by Charles I. in 1629. Peti- 
 tioning creditor : the one who institutes proceedings for the 
 adjudication of a bankrupt. 
 
 Petitory Suit. A suit in admiralty to determine the title to prop- 
 erty, not the possession. Droitural, not possessory. 
 
 Peto, I. I demand ; the first word of the demandant's count in a 
 real action. 
 
 Petty. V. Petit. Petty average : v. Average. Petty-bag 
 oflSce : an office on the common-law side of the Court of Chan- 
 cery whence issued writs in Crown matters, or for or against the 
 officers of the court ; v. Eanaper. It succeeded to the duties of 
 the Cursitors. Petty sessions : a court of summary jurisdiction 
 held by one or more justices of the peace. 
 
 Peu,/r. Pew; a little. A peu prfes : almost. 
 
 Veatjfr. Can. Ne peuvent : they cannot. 
 
 Piccage. Money paid for setting up booths at fairs. 
 
 Pickery, sc. Petty theft. 
 
 Pie,/r. Afoot. FiepoMdreiv. Pedepulverosus. Piedpoudre: 
 V. Court of Piepowders, Court, 36. 
 
 Pightel. A little close ; a hedged bit of land. 
 
232 PIGNUS— PLEA 
 
 Pignus, ;. A pledge. Pignori aooeptum : a bailment in pledge. 
 
 Pin-money. An allowance made by a liusband to his wife for her 
 apparel and personal expenses, which remains his property until 
 expended. 
 
 Piperolls. The great rolls of aoconnts in the Exchequer. 
 
 PipoTwderB. v. Court, 36. 
 
 Piscary. Eishery; a liberty of fishing in another man's waters. 
 
 Fixing the coin. Testing coin by a jury of the Goldsmiths' Com- 
 pany. 
 
 Place. Pleas. Place -where : v. Locus in quo. 
 - Placita, I. Pleas ; suits ; pleadings. The title of a judgment record 
 The old pubhc assemblies at which the King presided. Placita 
 oommunia coronse : v. Communis. Placita juris : rules of 
 law, arbitrary legal principles. 
 
 Placitamentum, I. The pleading of a cause. Placitabile : plead- 
 able. 
 
 Placitum, ;. sf. JPlacifa. A- plea, suit, cause; an assembly, court; 
 a day in court; amulet or fine; a judicial proceeding; a legal 
 principle. Placito debiti, detentionis, etc. : in a plea of 
 debt, detinue, etc. 
 
 Plaga, /., Plaie./r. A wound ; an incised wound. 
 
 Plaidenr,/?-. A pleader, advocate. 
 
 Plaint. The first process in an inferior court. 
 
 Plaintiff. The party suing in a personal action, whose name ap- 
 pears on the record. The party really interested as suitor in any 
 judicial proceeding. Equitable plaintiff: one who, althongh 
 really interested, sues in the name of another having the legal 
 claim. Plaintiff in error : the party who brings a writ of er- 
 ror. Calling the plaintiff [to hear the verdict] : v. Calling the 
 plaintiff. Nonsuit. 
 
 Plea. 1. A suit or action. 2. A pleading. 3. The pleading of 
 the defendant. 4. A defendant's pleading setting up matter of 
 fact. 5. In equity, a short answer in bar of the suit without 
 giving discovery, stating facts which, if inserted in the bill, 
 would render it demurrable. Pleas in abatement, avoidance, 
 bar, confession and avoidance, dilatory, equitable, per- 
 emptory, puis darrein continuance, special: see those 
 titles. In good order of pleading, a person ought to plead, — 
 1st. To the jurisdiction of the court: a foreign plea, 
 
PLEA — PLEADER 233 
 
 showing some other court in which the matter should be tried. 
 2d. To the person of the plaintiff, and next of the de- 
 fendant: pleas of disability, privilege, etc. 3d. To the ■writ: 
 pleas of variance, death of parties, misnomer, misjoinder, non- 
 joinder, etc. 4th. To the action of the writ : showing the 
 plaintiff had no cause to have that writ broughtj though he 
 might have another on the same cause of action, as if he mis- 
 took his action. 5th. To the count or declaration: vari- 
 ance, specialty of record, incertainty, etc. 6th. To the action 
 itself: in bar thereof. The first five are dilatory pleas ; the 
 sixth is peremptory, and includes pleas in confession and avoid- 
 ance, which are special pleas par excellence, usually called spe- 
 cial pleas in bar, or special pleas ; pleas of traverse, which 
 include the general issue, the specific traverse, and the special 
 traverse ; and pleas of estoppel, which are sometimes also called 
 special pleas in bar, as well as the specific traverse and the spe- 
 cial plea proper. All dilatory pleas may be called pleas in abate- 
 ment ; but the latter term more properly includes only the third, 
 fourth, and fifth classes. Demurrers properly take order at the 
 head of the sixth division. Age-prier was called a plea in sus- 
 pension. In criminal law, the prisoner should plead, — 1st. To 
 the jurisdiction. 2d. In abatement. 3d. Special pleas in bar, 
 as autrefois, acquit, convict, attaint, and pardon. 4th. The gen- 
 eral issue of not guilty. Common pleas : civil actions between 
 subject and subject, as distiuot from pleas of the Crown, 
 criminal actions. Court of Common Fleas: v. Court, 10. 
 V. Pleading. Plea side: r. Court, 8, 11. 
 
 To Plead. 1. To litigate ; v. Plea, 1. 2. To conduct the plead- 
 ings, that part of a suit which contained the allegations of the 
 parties, formerly oral, by which they came to an issue; v. Plea, 2. 
 3. To make an allegation of fact m conducting the pleadings ; 
 as distinct from to demur ; v. Plea, 4. 4. To put in a special 
 plea or plea in bar in answer to the declaration ; v. Plea, 3. 
 5. (Colloquial.) To appear in a cause, to act as advocate. To 
 plead over : v. Pleading. 
 
 Pleader. An advocate.' Special pleader: a person (whether 
 admitted to the bar or not) employed to draw up pleadings, par- 
 ticularly special pleas, and to give legal opinions ; v. Special 
 
234 PLEADING — PLOUGHBOTE 
 
 Pleading. The process of making the series of allegations in a 
 cause which terminated in an issue. These allegations were for- 
 merly made orally in court, and are now termed pleadings, con- 
 sisting of the declaration, plea (v. Plea, 4), replication, rejoinder, 
 surrejoinder, rebutter, surrebutter, etc. ; v. Replevin. Special 
 pleading: v. Pleader. Pleading over: to go on pleading 
 without noticing a defect in the last pleading of the other party, 
 whereby such defect may be cured. 
 
 Pledge. 1. A bailment of personal property as security for some 
 debt or engagement, the debtor retaining the title while the cred- 
 itor has actual or constructive possession. 2. A thing pledged. 
 3. A surety. Pledges to prosecute: persons who become 
 sureties for the plaintiff in a civil action, and were liable with 
 him to be amerced pro falso olamore suo, for his false claim, 
 if he deserted or lost his suit. Later they became fictitious per- 
 sons, as John Doe and Richard Roe. 
 
 Plee,/r. An action; a plea. 
 
 Plegii ad prosequendum, /. Pledges to prosecute. 
 
 Plegii de retorno habendo : sureties for a return in replevin. 
 
 Plein,/r. Pull. Pleine age : full age. Pleinement adminls- 
 tre : fully administered. 
 
 Plenary. Pull, complete ; done formally and at length ; not sum- 
 mary. 
 
 Plenus, plena, I. Pull. Plena setas : full age. Plena fides : 
 good credit (full faith). Vlena. ■proha.ti.o -. full proof . Pleno 
 jure : with perfect right. Plenarie: fully. Plene adminis- 
 travit (he has fully administered) : a plea by an executor or 
 administrator that he has no assets of the deceased remaining 
 in his hands ; plene administravit prseter, a similar plea 
 excepting a specified balance which is not sufficient to satisfy 
 the plaintiff's demand. Plene computavit: he has fully ac- 
 counted, a plea in an action of account. Plenum dominium : 
 V. Dominium. Plenum rectum : full right. 
 
 Plenarty. A full benefice, not a vacancy. 
 
 Plevina, I., Plevine,/;-. Security; a pledge's liability. 
 
 Pleyn,y7-. v. Plein. 
 
 Pleynte,yV. A. plaint, complaint. 
 
 Ploughbote. V. Bote. Plough-land; one hundred and twenty 
 acres ; a carucata. 
 
PLURIES — POETGKEVE 235 
 
 Pluries, /. Many times. A writ issued after the first writ and an 
 alias writ liave failed of effect ; the third writ. A second plu- 
 ries is a fourth writ, etc. 
 
 Pluris petitio, I. A claim for more than is due. 
 
 Plus, /. More. Plus peccat author quam actor: the insti- 
 gator sins more than the actor. Plus valet unus oculatua 
 testis quam auriti decern : one eyewitness is of more weight 
 than ten earwitnesses. 
 
 Plus, pluis, fr. More, most. Au pluis : at the most. Plus 
 tost : rather ; sooner. Plus tost que : rather than, as well as. 
 
 Pocket sheriff. One appointed by the sole authority of the 
 Crown, without being nominated by the judges of the Ex- 
 chequer. 
 
 Poer,/r. Power; to be able. Foet: y. Peul. 
 
 Poena, I. Punishment, penalty; damages. Poena oorporalis: 
 corporal punishment. Poenalis : penal. ' 
 
 Poenitentia, /. Repentance ; change of mind. 
 
 Poinding, sc. Distress ; a diligence, process of attachment. 
 
 Police Court, v. Couri, 113. 
 
 Policies of Assurance Court v. Court, 64. 
 
 Policy. An instrument embodying the contract of insurance, 
 which is open if the value is to be proved by the insured, in 
 case of loss ; and valued where the value is inserted in the 
 policy in the nature of hquidated damages. 
 
 PolL Cut; shaved, even. v. Deed. Polls: v. Challenge. 
 
 Pollicitation. A promise before acceptance, without mutuality. 
 
 Ponderantur testes, non numerantur, /. Witnesses are 
 weighed, not counted. 
 
 Pondus regis, /. The king's weight ; the standard. 
 
 Pone, /. (Put.) 1. An original writ issuing to remove a cause 
 from an inferior, or county court, to a superior, or to the C. B. 
 3. Pone per vadium et plegios : a writ issuing after the non- 
 appearance of the defendant to the original writ, commanding 
 the sheriff to attach him and take security or pledges. Ponit 
 se super patriam : he puts himself on the country. 
 
 Pontage. A toll on, or tax for, a bridge. 
 
 Popular action: v. Action. Popular Court: v. Court, 116. 
 
 Porter,//-., Portare, /. To bear; bring. 
 
 Portgreve. The chief officer of a seaport town. 
 
236 POSER— POTIOR 
 
 Poser, /c. To put a question. 
 
 Positive law. Law enforced by a sovereign political authority, as 
 distinct from laws of honor, laws of nature, etc. 
 
 Posse, /. To be able. Posse comitatus : the force of a county, 
 the entire population above the age of fifteen, except peers and 
 clergymen. In posse : in possibUily, not in esse. 
 
 Fosse^sio fratris facit sororem esse hEeredem, I. The posses- 
 sion of the brother makes the sister heir. If a man die, and 
 leave two sons by different wives, and the one brother be seised 
 in possession of the father's estate and die, the estate shall not 
 pass to his brother, but to his sister of the whole blood in pref- 
 erence. A maxim when descent was traced from the person last 
 seised, not, as now, from the purchaser. 
 
 Possessory. About the possession, not petitory, v. Action.. 
 
 Possibility. An uncertain event, a contingency. Possibility 
 coupled ■with an interest : an expectation recognized in law 
 as an estate or interest ; as where the person who is to take an 
 estate on the happening of the contingency is named or ascer- 
 tained ; not a bare possibility, as the expectation of an heir 
 apparent. Possibility on a possibility: a double contin- 
 gency, as an estate limited to a man's unborn son John; it is bad 
 in law. Possibility of reverter : the estate of the grantor of 
 an estate upon condition. 
 
 Post, /. After, afterwards; v. Entry, writ of. Post diem, dis- 
 seisinam : after the day, the disseisin. Post-factum : an 
 after act. Post-fine : the king's silver ; v. Fine. Post litem 
 motam : , after the suit was begun ; after the dispute arose. 
 Post mortem : after death. Post-natus : after bom. Post- 
 obit bond : a bond in which the obligor agrees to pay a sum 
 after the death of a third person, usually a iperson from whom 
 the obligor expects to inherit. Post prolem suscitatam: 
 after issue born. Post terminum : after the term. 
 
 Postea, I. Afterwards. The entry on the record of the proceed- 
 ings at the trial of an action, stating what happened after the 
 issue joined, at which the nisi prius record ends. 
 
 Post-note. A bank-note payable at a future time. Post-obit: 
 V. Post. 
 
 Potentia, I. Power. Poteutia propinqua : a near possibility. 
 
 Potior est conditio defendentis, ;. The defendant has the 
 
POTWALLERS — PRECIPE 237 
 
 better position' [where both are in fault]. Potior est con- 
 ditio possidentis : the possessor has the stronger position. 
 
 Pot'wallers, PotTvallopera. Persons who cooked their own diet 
 in a fireplace of their own, and were therefore, by the custom of 
 some boroughs, entitled to vote. 
 
 Poundage. An allowance made the sheriff for his services in a levy. 
 
 Pound breach. The offence of breaking into a pound, and taking 
 out the cattle impounded. 
 
 Pour, /a Por ; v. Pur. Pour compte de qui il appartient : 
 for account of whom it may concern. Pour seisir terres: 
 a writ for the King to seize lands of a widow, held in dower, 
 and in capite, if she married without his permission. 
 
 Pourparty,/?-. Partition ; division among coparceners. 
 
 Pourpresture,/*-. The wrongful enclosure of another man's land ; 
 encroaching on Crown or common lands. 
 
 Poustie, sc. Power, v. Liege poustie. 
 
 Po'wer. Authority. An instrument conferring authority upon 
 another. A power of appointment : authority vested in a 
 person called the donee, by deed or will, to appoint a person to 
 the enjoyment of property of the grantor or testator. If the 
 donee have no interest in the property himself, it is a power 
 collateral. If he has an interest, it is a power coupled 
 ■with an interest ; and these may be either appendant 
 (appurtenant), as when the appointment is made out of, or in 
 derogation of, his own estate, or in gross, when the appointment 
 is to take effect on the termination of his estate. If the donee 
 can appoint any one, it is a general power ; if the appointment 
 must be to one or all of a certain class of persons, it is par- 
 ticular ; and in this latter case, if the power is to appoint to all 
 of a certain class, the appointment must not be illusory. Power 
 of attorney : the instrument giving authority to an agent, an 
 attorney in fact, to make contracts or perform legal acts. , 
 
 Practice Court v. Court, 9. 
 
 Preeceptores, /. Masters in chancery. 
 
 Praecipe, I. (Command.) An original writ commanding the de- 
 fendant to do something or show cause to the contrary. Pre- 
 cipe in capite : a prsecipe or writ of right for a tenant in 
 capite. Praecipe quod reddat (command that he return) : a 
 writ directing the defendant to restore the possession of land, 
 
238 PRJICIPE — PRAVA 
 
 employed at the beginning of a common recovery. Freecipe 
 quod teneat conventionem : a writ of covenant employed at 
 the beginning of a. fine of lands. Tenant to the praecipe: 
 the person against whom a praecipe was brought ; v. Recovery. 
 
 PrEeco, I. A herald ; the crier of a court. 
 
 Prsed', /. Tor prsedictus, aforesaid. 
 
 Praedium, I. Land; an estate. Prsedia belli: booty. Prae- 
 dium dominans, the dominant, serviens, the servient, estate 
 in a precdial servitude, an easement enjoyed by the owners of 
 one estate over another. 
 
 Praedial tithes. Such as arise from land. v. Tithes, Great tithes. 
 
 Praef , I. For prsefatus, aforesaid. 
 
 Praemissa, /. The premises. 
 
 Preemium, I. Reward. Praemium pudicitiae: the price of 
 chastity. 
 
 Praemunire, /. To forewarn, summon. The offence of obeying 
 or furthering other authority in the realm than that of the 
 Crovra, particularly that of the Pope; Papal usurpation. 
 
 Praepositus, /. A person placed in authority; a provost, sheriff. 
 Praeposita negotiis vel rebus domesticis : set over house- 
 hold matters, a term expressing a wife's authority to bind her 
 husband for necessary purchases. 
 
 Praerogativa regis, /. The King's prerogative. 
 
 Praescriptio, I. Prescription. Praescriptio fori: an exception 
 to the jurisdiction. 
 
 Praesens in curia, /. Present in court. 
 
 Praesentia corporis toUit errorem nominis, /. The presence 
 of the body [the person meant] cures an error in the name. 
 
 Prffistare, I. To pay ; perform ; make good. 
 
 Praesumitur pro legitimatione, I. The presumption is in favor 
 of legitimacy. 
 
 Praesumptio juris, /. (Presumption of law.) A presumption of 
 fact, rebuttable. Praesumptio juris et de jure: a presump- 
 tion of law, irrebuttable. To the latter applies the maxim, 
 Prffisumptio juris plena probatio: a legal presumption of 
 law is full proof; to the former, Praesumptio valet in lege: 
 a legal presumption is of weight. . 
 
 Pratum, /. A meadow. 
 
 Prava consuetude, ;. A bad [illegal] custom. 
 
PEAXIS — PRESENTATION 239 
 
 Praxis judicum interpres legum, I. The practice of judges is 
 the interpreter of the laws. 
 
 Pray in aid. v. Aid-prier. 
 
 Prebendary. A stipend (not a benefice or dignity) paid a preb- 
 end, a member of a collegiate or cathedral church. 
 
 Frecariae, preces, I. Day's-works, performed for the lord in har- 
 vest time by the tenants of certain manors. 
 
 Prece partium, I. v. Dies dains ; or prayer of the parties. 
 
 Precedent, v. Condition,. An adjudged case; a recognized method 
 of procedure. 
 
 Precept. An order; a written direction in minor process to a 
 sheriif or other officer ; a precept of a justice of the peace for 
 the bringing of a person or records before him. 
 
 Precludi non debet, /. (He ought not to be barred.) The be- 
 ginning of a replication to a special plea. 
 
 Predial, t. Preedial. 
 
 T?ree,fr. A meadow. 
 
 Premises. (Things put before.) The part of a deed preceding 
 the habendum. The place in question ; the laud or houses 
 granted. 
 
 Premium. The money paid by the insured in the contract of in- 
 
 Prender, fr. To take, taking ; the power or right of taking a 
 thing before it is offered. Thus a heriot is said to lie in prender 
 because the lord may seize the identical thing itself; but he may 
 not distrain for it. 
 
 Prerogative. A privilege, a royal privilege, v. Court, 85 ; Writ. 
 
 Pres,yr. Near. v. Cy-pres. 
 
 Prescribe. To claim title to incorporeal hereditaments, on grounds 
 of long usage, in one's self, one's ancestors, or grantors, by 
 prescription [which differs from custom, a local usage not 
 annexed to any particular person]. Tliis prescription is acquisi- 
 tive or positive prescription, as distinct from restrictive 
 or negative prescription, which is the loss of a remedy by 
 lapse of time ; outlawry of actions. 
 
 Present. 1. To offer a clerk to the bishop for institution in a 
 benefice ; v. Presentation. 2. To find judicially ; v. Present- 
 
 Preseutation. The offering of a clerk by the patron to the ordi- 
 
240 PRESENTATION — PUTNCIPLA. 
 
 nary for institution in a living ; v. Advowson. Nomination is 
 the appointment of- a clerk to the patron to be by him presented. 
 A person may have the right of nomination by virtue of a manor, 
 by grant or mortgage of the entire advowson or of the pro- 
 chein avoidance, the next presentation, Presentative : v. 
 Advowson. 
 
 Presentment, presentation. The notice taken by a grand jury 
 of an offence from their own knowledge, without an indictment. 
 
 Prest, prist, pret,//. Ready. 
 
 Presumptio, I., Presumption, v. Prasumpiio. 
 
 Presumptive heir. v. Heir. 
 
 Pretium, I. Price; cost; value; reward. Pretium afiectionis 
 (the price of affection) : a fancy price. Pretium periculi : re- 
 muneration for risk. Pretium succedit in loco rei: the price 
 succeeds in place of the thing [sold]. 
 
 Prima facie, /. At first appearance, first sight. Prima tonsura : 
 the first mowing. Primse impressionis (of first impression) : 
 ■without precedent ; res nova. 
 
 Primage. A small extra allowance made to the master of a ship 
 for his care and trouble ; or to master and mariners for loading 
 and unloading, use of cable, etc. v. Hat-money. 
 
 Primer, fr. Eirst. Primer fine : v. Fine. Primer seisin : a 
 feudal right of the King, when any of his tenants in capiie died 
 seised of a knight's fee, to receive from the heir, if he were of 
 full agCj one year's profits if the lands were in immediate posses- 
 sion, or half a year's profits if they were in reversion expectant 
 on a life estate. 
 
 Primitiae, I. t\\i, first fruits. 
 
 Primo venienti, /. To the one first coming. An executor an- 
 ciently paid debts as they were presented, whether the assets 
 were suflacient to meet all debts or not. 
 
 Primus inter pares, /. Eirst among equals. 
 
 Prinoeps legibus solutus est, /. The emperor is unbound by 
 laws. 
 
 Principal. Chief, the one commanding ; as opposed to Accessory, 
 agent. Principal challenge : v. Challenge. 
 
 Principia probant, non probantur, I. Principles prove, and 
 are not [to be] proved. Priucipiis obsta: v. Obsta. Prin- 
 cipium : the beginning. 
 
PRIOR— PRIVITY 241 
 
 Prior in tempore, potior in jure, /. v. Qui prior, etc. The 
 one earlier in time has the bettejr right. 
 
 Pcia,/r. Taken. Prise, prisa, I. -. a seizure. 
 
 Prisage,/n 1. An ancient right of the Crown to take two tuns of 
 wine out of every ship importing twenty or more. 2. The 
 share of the Crown in prizes captured at sea. 
 
 Prisal en auter lieu,/r. A taking in another place. 
 
 Prist,//-. Ready ; an old word in oral pleading expressing a ten- 
 der or joinder of issue. 
 
 Private act, statute. A statute affecting private concerns, of 
 wliich the courts are not bound to take notice. Private cor- 
 poration : V. Corporation. Private law : law affecting rights 
 between subject and subject ; v. Public law. International law. 
 Private nuisance : a nuisance affecting a private person or his 
 estate ; v. Nuisance. 
 
 Privatum commodum publico cedit, or Privatum incom- 
 modum publico bono pensatur, /. Private advantage must 
 yield to pubhc ; or, the private inconvenience is made up by the 
 public good. Privatorum pacta, etc. : v. Pacta privata, etc. 
 
 Privement enciente, fr. Privily [not visibly] pregnant. 
 
 Privies: v. Priviti/. 
 
 Privilege. A private right or franchise of some particular person 
 or class, against or beyond the course of law. Writ of privi- 
 lege: a writ for a member of Parliament, arrested on a civil 
 suit, to obtain deliverance out of custody. 
 
 Privileged communication. 1. A defamatory statement made 
 to another, in pursuance of a duty political, judicial, social> or 
 personal, so that an action for libel or slander will not lie, though 
 the statement be false, unless in the last two oases actual malice 
 be proved in addition. 2. A communication protected from dis- 
 closure in a legal proceeding, as one from a client to his counsel. 
 Privileged debts : debts which are first paid in full out of a 
 decedent's or insolvent's estate, in preference to all others. 
 
 Privilegium clericale, I. Benefit of clergy. Privilegium con- 
 tra rempublicam non valet: a privilege [excuse] does not 
 avail against the public good. 
 
 Privity. Connection ; mutuaUty of interest. The term privy is 
 properly used in distinction from party ; but privies to a con- 
 tract is used to mean the parties themselves. Privity of es- 
 10 
 
242 PRIVITY — PRO 
 
 tate:,tliose interested, or who have been or might have been 
 interested, in the same estate under the same title ; as an ances- 
 tor, an heir, a grantor or grantee, etc. 
 
 Privy. V. Priviti/. Privy council: the Enghsh royal council, 
 the judicial committee of which acts, or formerly acted, in lu- 
 nacy, ecclesiastical, and admiralty cases as a court of last appeal ; 
 and has power of inquiring into offences against the government ; 
 V. Court, 6, 14. Privy seal t in England, grants and letters 
 pass first under the privy signet, kept by a secretary of state ; 
 then under the privy seal, kept by the Lord Privy Seal, 
 usually a baron and member of the Cabinet ; and then, if neces- 
 sary, under the Great Seal. Privy verdict: one formerly 
 given to the judge out of court, when the jury had agreed after 
 adjournment. 
 
 Prize Court, v. Court, 92. 
 
 Pro, I. Por ; in consideration of ; on behalf of ; in lieu of. Pro 
 bono et malo : for good and evil. Pro bono publico : for 
 the public good. Pro confesso (for confessed) : a decree upon 
 a bill in equity in favor of the plaintiff, when the defendant 
 has not appeared and answered. Pro consilio impedendo: 
 for advice to be given. Pro convicto : as convicted. Pro 
 defectu emptorum: for want of purchasers. Pro de- 
 fectu exitus, baeredis: for failure of issue, for want of an 
 heir. Pro defectu justitiae : for defect of justice. Pro de- 
 fendente : for the defendant. Pro derelicto : as abandoned. 
 Pro diviso : as divided, in severalty. Pro domino : as mas- 
 ter. Pro eo quod cum: for that whereas. Pro et durante: 
 for and during. Pro falso clamore: for his false claim; 
 V. In mercy. Pro forma: as a matter of form. Pro hao 
 vice (for this turn) : for this particular affair. Pro indefenso : 
 as making no defence. Pro indiviso : as undivided, in com- 
 mon. Pro interesse suo : to the extent of his interest. Pro 
 laesione fidei : for breach of faith ; v. Lmsione, Pro majori 
 cautela: for greater security. Pro misis et custagiis: for 
 costs and charges. Pro nou scripto : as if not written. Pro 
 omni servitio : in lieu of all service. Pro quer', querente' : 
 for the plaintiff. Pro rata: proportionately. Pro re nata: 
 for the immediate occasion. Pro salute animae : for the wel- 
 fare of the soul. Pro solido : for the whole, in a lump. Pro 
 
I. 
 
 PROBATE — PROCLAMATION 243 
 
 socio : ■ for a partner. Pro suo : as one's own. Pro tanto : 
 for so much, on the account of. Pro tempore : for the time 
 being. Pro termino vitarum suarum: for a term of their 
 lives. 
 
 Probate. The proof of, or proceedings in preying, a will before 
 the proper authorities ; v. Court, 25, 51, 79, 110. 
 
 Probatio viva, /. Proof by living witnesses. Probatio mortua : 
 proof by deeds, writings, etc. 
 
 Probator, I. An approver. 
 
 Probus et legaUs homo,/. A good and faw/'a/ man ; free from 
 all exception as a juror or witness. 
 
 Procedendo, /. 1. A writ to remove a cause, which has been 
 taken to the superior court on certiorari or otherwise, back to 
 the inferior court. 2. Procedendo ad judicium: a writ 
 issuing from the common-law side of Chancery to a subordinate 
 court which delayed judgment, directing it to give judgment 
 for one side or the other. 3. Procedendo in loquela : a writ 
 from the King authorizing the judges to proceed in an action 
 concerning title after an aid-prayer. 4. A writ to revive the 
 commission of a justice of the peace, suspended by a supersedeas. 
 
 Procedure. The formal steps in an action ; the rules governing 
 the process, pleading, and method of trial, judgment, and exe- 
 cution. 
 
 Proces-verbal,yr. An inventory; official minutes; a relation of 
 what has been said or done in the presence of an officer, duly 
 attested by him. 
 
 Process. 1. The procedure or method of getting a defendant into 
 court, the summons, writs, and attachments for that purpose: 
 original process. 2. Mesne process was formerly pro- 
 cess not depending on the original writ, but on interlocutory or 
 collateral matter ; but now is commonly used to mean all process 
 before judgment and final process [process of execution] ; par- 
 ticularly, the ca. resp. 
 
 Prochein amy,/?-. Next friend. Procheyn heire : next heir. 
 Frochein avoidance : v. Presentation. 
 
 Proclamation. 1. An old writ issuing to the sheriff upon an exigent 
 in process of outlawry, to make three proclamations to the de- 
 fendant to yield himself or be outlawed. 2. In chancery prac- 
 tice, a public notice declaring a defendant, who had not appeared 
 
244 PROCLAMATION — PROPINQUUS 
 
 upoa subpoena and attachment, a rebel if he failed still to 
 appear by a certain day. 3. Of a fine : the public notice of a 
 fine of lands, given by reading it sixteen times, — four times, 
 \idthin the year after its engrosstag, at each assize of the county 
 ■vrhere the lands lay. 
 
 Proctor. The attorney in an admiralty or ecclesiastical court was 
 so called. 
 
 Procul dubio, I. Without doubt. 
 
 Procuratio, I., Procuration. Agency; administration of anoth- 
 er's aifairs on his behalf. 
 
 Procurations. Payments made by parish priests to bishops and 
 archdeacons upon their visitations. 
 
 Proditorie, /. Traitorously ; a word technical in indictments for 
 treason. 
 
 Productio sectse, I. Production of suit. In old EngUsh law, 
 the production by a party of his witnesses ; the tender of suit 
 to prove his case, preceding the medial or proof judgment; 
 the process referred to in the phrase et inie producit sectam. 
 V. Seda, Witness. 
 
 Profert, Profert ad curiam. The production in court by a party 
 of an instrument on which he relies ; or the offer to produce, 
 made in the pleading. 
 
 Profits k prendre. A right with a profit which one man has in 
 another's land, such as rights of common, a right to enter and 
 dig sand, etc. Profits k rendre: v. Render; v. In prender. 
 
 Prohibitio de vasto, I. A judicial writ to prohibit waste pend- 
 ing a suit. 
 
 Prohibition. A prerogative writ issuing from the King, or a su- 
 perior court, or Chancery, to restrain proceedings in an inferior, 
 or particularly an ecclesiastical court, iot want of jurisdiction. 
 
 Proinde, I. Therefore. — 
 
 Proles, ;. Issue, progeny ; lawful issue. 
 
 Promissory note. v. Nota. 
 
 Promoters. 1. Common informers, prosecutors in popular and 
 penal actions. 2. The members of a company before its incor- 
 poration or charter. 
 
 Proof. V. Half-proof, Full proof. 
 
 Propinquus, I. Near ; next of kin. 
 
PROPONENT — PROTHONOTARY 245 
 
 Proponent. In ecclesiastical law, a person propounding an alle- 
 gation. 
 
 Propositus. The person proposed, taken as an example. 
 
 Propound. To offer in court ; to present a -will for probate. 
 
 Propre,/r. Own; proper. En propre person: in [his] proper 
 person. 
 
 Froprietas, /. Property. Proprietas plena : full property, both 
 the title and the beneficial interest. Froprietas nuda : naked 
 property, the bare title. 
 
 Propria manu, I. By his own hand. Propria persona : in his 
 own person. Proprio jure: by one's own right. Proprio 
 nomine: in his own name. Proprio vigore: of its own 
 force. 
 
 Proprietate probanda, t. Se. 
 
 Propter, I. Por ; on account of. Propter affectum : on account 
 of interest; v. Challenge. Propter commodum curiae: for 
 the advantage of the court. Propter curam et culturam: 
 for care and cultivation. Propter defectum sanguinis : for 
 failure of blood ; v. Escheat. Propter delictum : on account 
 of crime; v. Challenge. Propter delictum tenentis: for 
 crime of the tenant ; v. Escheat. Propter honoris respec- 
 tum: for respect of rank; v. Challenge. Propter majorem 
 securitatem : for greater security. Propter ssevitiam, adul- 
 terlum : for cruelty, adultery. 
 
 Prosecutor. In England, the person instituting a criminal pro- 
 ceeding on behalf of the Crown. 
 
 Prosternere, /. To throw down, abate. Prostratus : abated. 
 
 Protectio trahit subjectionem et subjectio protectionem, I. 
 The protection [of a sovereign] draws after it subjection, and 
 subjection, protection. 
 
 Protection. A prerogative writ granted by the King to a person in 
 his employ, making the latter quit of all suits for a certain time. 
 
 Protest The formal written declaration by a notary of the dis- 
 honor of a note or bUl. 
 
 Frotestando, /. By protesting ; •wordiS in a. protestation. 
 
 Protestation. A method of informally denying a fact in pleading, 
 so that the pleader would not be estopped from denying it in 
 another action or issue, but not so as to render the plea double. 
 
 Frothonotary. A chief clerk in the K. B., C. B., or other court. 
 
246 PROUT — PURGATION 
 
 Prout,;. As. Prout moris est: as the custom is. Prout 
 patet per recordum : as it appears by the record. 
 
 Prover. An approver. 
 
 Provisione legis, I. By the provision of lav. Provisione 
 viri : by provision of the husband ; v. Bower. 
 
 Proviso, /. Provided. Trial by proviso vras where the plain- 
 tiff failed to proceed after issue joined; whereupon the de- 
 fendant took the necessary steps to a trial, issuing the venire, 
 etc. 
 
 Pros:', for Prosimus, I. The next. Prox' seq', sequente : next 
 following. Proximus haeres : the next heir. 
 
 Public act. -^.Private act. Public corporation: v. Corpora- 
 tion. Public la^w: the law as between the subject and the 
 sovereign or state ; criminal law ; v. International law. Public 
 nuisance : one affecting an indefinite number of persons, not 
 the owner of a particular lot of land ; v. Nuisance. 
 
 Publication. 1. The declaration of a testator that a given writing 
 is intended to operate as his last wiU. 2. The openiag of depo- 
 sitions, taken in Chancery, to the inspection of the parties. 
 3. The communication of a libeEous statement to a third person. 
 
 Pueritia, /. Childhood ; the age from seven to fourteen. 
 
 Puis, puys, puz, etc., fr. After ; siace. Puis darrein continu- 
 ance : a plea of new matter arisen since issue joined, since 
 the last continuance; a plea to the further maintenance of the 
 action. Puisne: younger; junior; later iu-time; an ordinary 
 judge in bank as distinguished from the chief justice. Puis 
 que : after that. Mulier puisne : v. Mulier. 
 
 Puissance, /r. Power ; authority. 
 
 Punctum temporis, /. A point of time. 
 
 Punica fides, /. " Punic faith " ; treachery. 
 
 Pur, pour, /r. Por. Pur auter vie: Por the life of another; 
 V. Auter, Ustate. Pur cause ^e vicinage : by reason of 
 neighborhood ; v. Common. Pur ceo que : forasmuch as. Pur 
 tant que : because ; in order that. 
 
 Purchase. The acquisition of property by the act of the parties as 
 distinguished from the act of law ; by gift, grant, or devise, as 
 distinguished from descent, escheat, or reverter; acquirement, 
 not inheritance. Words of purchase : v. Limitation. 
 
 Purgation. The act of purging one's self of a fault or accusation; 
 
PURLIEU — QU^LIBET 247 
 
 clearing one's self of a crime. Canonical purgation : the pur- 
 gation of a clerk by his own oath, with or without compurgators, 
 or by the corsned ; as distinct from vulgar purgation, purga- 
 tion by the ordeals of fire, water, or battel. 
 
 Purlieu. A place (disforested) on the edge of a forest. 
 
 Purparty, Purprestura. v. Pourparty, Pourpresture. 
 
 Purq', purquoy,/;'. Wherefore. 
 
 Pursue. &., to prosecute. Pursuer : a plaintiff. 
 
 Purview (pourvu),/r. 1. Provided. 2. The enacting clause of 
 a statute, the body ; the scope of the act. 
 
 Q. 
 
 Q. B. The Queen's Bench, v. Court of King's Bench, Court, 8. 
 
 Q. C. Queen's counsel. 
 
 Q. V. (Quod vide), I. Which see ; a reference to another title 
 in a book. 
 
 Qua, /. As ; in the capacity of. Qua executor ; as executor, etc. 
 
 Quacunque via data, /. Whichever view be takeu (way be given). 
 
 Quae ad unum finem locuta sunt non debent ad alium de- 
 torqueri, /. [Words] which are spoken to one end ought not 
 to be perverted to another. Quae est eadem (which is the 
 same) : words used in pleas of justification of trespass, alleging 
 that the trespass justified is the same as that of which the plain- 
 tiff complains. Quae fieri non debent, facta valent: things 
 which ought not to be done [may yet] be valid when done. 
 Quae in testamento ita sunt scripta, ut intelligi non 
 possint, perinde sunt ac si scripta non essent: things 
 which are so written in a will as not to be intelhgible are as if 
 not written at all. Quae nihil frustra : which [requires] notli- 
 iug [to be done] in vain. Quae non valeant singula, juncta, 
 juvant: [words] which, taken singly, are inoperative, are valid 
 if taken together. Quae plura : a writ like a melius inquiren- 
 dum, but issuing when the escheator had proceeded virtute officii, 
 not by diem clausit extremum. 
 
 Quaelibet ooncessio fortissime contra donatorem interpre- 
 tanda est, I. Every grant is to be interpreted most strongly 
 against the grantor. 
 
248 QUJIRE— QUANDOCUNQUE 
 
 Qu^re, ;. Inquire; question, doubt. Quaeritur : it is doubted. 
 
 Quaerens, I. [Properly guerem.] A plaintiff ; suitor. Quaerens 
 nihil capiat, etc. . v. Ni/iil, Ml. Quaerens non invenit 
 plegium: a return of the sheriff, that the plaintiff found no 
 security, to a ■writ containing the sifecerit clause. 
 
 Quale jus, I. An old judicial writ that lay to inquire by what 
 right a clerk had recovered a judgment for land, to see that the 
 statutes of mortmaiin. ■were not evaded. 
 
 Qualified fee. v. Base fee, 1. 
 
 Quamdiu, I. As long as. Quamdiu se bene gesserit : as long 
 as he shall conduct himself well, during good behavior; like ad 
 viiam ant culpam, a kind of tenure of ofBce. 
 
 Quando abest provisio partis, adest provisio legis, I. When 
 the provision of the party is wanting, the provision of the law is 
 at hand.. Quando acciderint (when they shall fall in) : a judg- 
 ment for the creditor of a decedent on a plea oiplene administramt 
 by the administrator, to be satisfied out of assets which may after- 
 wards come into his hands. Quando aliquid maudatur, man- 
 datur et omne per quod pervenitur ad illud: when [the law] 
 commands a thing, it also commands [authoiiizes] all [means] by 
 which it may be accomplished. Quando aliquid prohibetur 
 fieri ex directo, prohibetur et per obliquum : when any- 
 thing is prohibited to be directly done, doing it indirectly is also 
 forbidden. Quando aliquis aliquid concedit, etc. . v. Cui- 
 cunque, etc. Quando duo jura concurrunt in una persona, 
 aequum est ao si essent in diversis: when two rights 
 [titles] unite in one person, it [the law] is the same as if they 
 were in different persons [i. e. he can assert either title sepa- 
 rately]. Quando lex aliquid aliqui concedit : v. Cuicunque, 
 etc. Quando lex est specialis, ratio autem generalis, 
 generaliter est intelligenda : when a law is [applied to a] 
 special [case], bat its reason general, it should be [applied] un- 
 derstood generally. Quando licet id quod majus, videtur 
 lioere id quod minus : wTien the greater is allowed, it seems 
 that the less should also be. Quando plus fit quam fieri 
 debet, videtur etiam illud fieri quod faciendum est: 
 when more is done than ought to be done, that which ought 
 to be done is held as done [held good], 
 
 Quandocunque, I. At whatever time. 
 
QUANT — QUASI 249 
 
 Quant,//. When; as; iow much. Quantes fois: how many 
 
 times. 
 
 Quantum meruit, I. (As much as he deserved.) The common, 
 count for work and labor. Quantum valebant (as much as 
 they were worth) : the common count for goods sold and delivered. 
 Quantum damnificatus : an issue to ascertain the amount of 
 damages, directed by Chancery in a court of common law. 
 
 Quarantine. Forty days ; the period during which dower was to 
 be assigned a widow, and she was allowed to remain in? the man- 
 sion-house. 
 
 Quare, I. Wherefore; why. Quare clausum fregit (because 
 he broke the close) ; the action of trespass vi et armis for unlawful 
 entry on the plaintiff's land. Quare ejecit infra terminum 
 (because he ejected within the term) : an action which lay for 
 the ousted tenant of a term to recover it and damages from the 
 feoffee of the wrong-doer, or person claiming under him. Quare 
 impedit : a real action to recover an adtowson, brought by a 
 patron against a bishop or other person hindering his presenta- 
 tion. Quare incumbravit: a writ for the patron to recover the 
 presentation and damages when the bishop had admitted a clerk 
 to the living pending a qnare impedit, and notwithstanding a 
 ne admittas. Quare non admisit : a writ for the patron to re- 
 cover damages- from the bishop for not admitting his clerk, after 
 a writ ad admittendum clericnm. Quare non permittit: a 
 writ for him who has the right of nomination against the patron 
 for refusing to present his clerk. Quare obstruxit: a writ 
 against a person obstructing a right of way. 
 
 Quarter days. In England, the 25th of March, Lady day; the 24th 
 of June, Midsummer day; the 29th of September, Michaelmas 
 day ; the 25th of December, Christmas day. In Scotland, the 
 2d of February, Candlemas ; the 15th of May, called Whitsun- 
 day ; the 1st of August, Lammas day ; the 11th of November, 
 Martinmas. Quarter sessions : a minor criminal court held 
 quarterly before two or more justices of the peace in each Eng- 
 lish county ; v. Court, 40. 
 
 Quarto die post, I. The fourth day after, v. Bay, 
 
 Quash. {Caaser,fr.) To break ; to annul, abate. 
 
 Quasi, I. As if ; almost ; as it were. Quasi agnum oommittere 
 lupo: like handing the lamb over to the wolf. 
 
250 QUE — QUI 
 
 Que, /r. That; who; which; than. Que est le mesme: Qua 
 est eadem. Que estate (which estate) : the estate of whom ; a 
 tenn used in prescribing for easements enjoyed by former owners 
 of the land, whose estate the person averring title now has. 
 
 Queen's Bench; v. Court, 8. Queen's counsel: a barrister 
 called within the bar, appointed by letters patent to be her Ma- 
 jesty's counsel learned in the law, who has precedence over others, 
 of the outer bar, cannot plead against the Crown without a li- 
 cense, and may wear a silk gown. Queen's evidence, State's 
 evidence : evidence given by an acoompUce, in capital cases, 
 in the hope of pardon. The admission of Queen's evidence re- 
 quired the sanction, in England, of the justices of gaol deUv- 
 ery; and, if unsatisfactory, the witness was hanged, like the 
 rest. V. Approver. 
 
 Quer', Querens, /. The complainant, plaintiff. 
 
 Querela, /. A plaint, count ; a lawsuit. 
 
 Questus, /. . (From Quarere.) Acquired, purchased land. 
 
 Questus est nobis, /. (From Queror.) He hath complamed to 
 us. An old writ of nuisance agaiust him to whom the person 
 levying [erecting] the nuisance had conveyed the land. 
 
 Qui, I. Who. Qui approbat non reprobat : one who appro- 
 bates [ratifies] cannot reprobate [repudiate, as to a part]. Qui 
 concedit, etc. : v. Ouicunque, etc. Qui destruit medium 
 destruit iinem : he who destroys the means destroys the end. 
 Qui ez damnato coitu nascuntur inter liberos non com- 
 putantur : those who are born of an illicit connection are not 
 counted among children. Qui facit per alium, facit per se : 
 he who dpes a thing by another does it himself. Qui haeret 
 in litera haeret in cortice : he who sticks at the letter sticks 
 at the rind [goes but skin-deep into the real meaning]. Qui in 
 jus dominiumve alterius succedit jure ejus uti debet: 
 he who succeeds to the right or property of another ought to 
 enjoy the other's rights [be in the same legal position]. Qui 
 jure suo utitur neminem Isedit: he who but exercises his own 
 right injures [legally] no one. Qui jussu judicis aliquod fe- 
 cerit non videtur dolo malo fecisse : one who did a thing 
 by a judge's command is not supposed to have acted from an 
 improper motive. Qui non habet, etc. : v. Nemo dat. Qui 
 non habet in crumena [eere] luat in corpore : he who has 
 
QUI — QUINTO 251 
 
 not in purse [money] must pay in person. Qui non prohibet 
 cum prohibere poasit, jubet : he who does not forbid when 
 he can forbid^ commands. Qui peccat ebrius, luat sobrius : 
 he who sins while drunk must be punished while sober. Qui 
 per alium, etc. : v. Qui facit, etc. Qui prior in tempore, 
 potior in jure : he has the better title who was prior in time. 
 Qui sentit commodum sentire debet et onus : he who 
 feels the advantage ought to bear the burden. Qui tacet con- 
 sentdre videtur : he who is silent seems to consent. Qui 
 tarn : v. Action. Qui tardius solvit minus solvit : he who 
 pays too late does not pay at all. Qui vult decipi decipia- 
 tur : let him who wishes to be deceived be deceived. 
 
 Qui,/r. Who. Qui doit inheriter al p6re, doit inheriter al 
 fitz : he who would inherit from the father ought to inherit from 
 the son. 
 
 Quia, I. Because. Quia dominus remisit curiam (because the 
 lord has remitted liis court) : a phrase used in, and applied to, a 
 writ of right brought originally in the King's court, and not in 
 the manorial court. Quia emptores: the Statute of West- 
 minster III., 18 Edw. 1. c. 1, by which subinfeudation was abro- 
 gated ; providing that owners of freehold land might freely sell 
 their lands, but that the grantee should hold of the lord para- 
 mount, as did the grantor, and by the same services. Quia 
 erronice emanavit : because it issued erroneously. Quia ti- 
 met: V. Bill, I. 14. 
 
 Quicquid plantatur solo solo cedit, I. Whatever is planted in 
 the soil belongs thereto. Quicquid solvitur solvitur secun- 
 dum modum solventis : whatever is paid is to be appUed ac- 
 cording to the intention of the payer ; v. Application of payments. 
 
 Quid, I. What. Quid pro quo : something for something. 
 
 Quietantia, I. An acquittance. 
 
 Quietus,^. Quit; an acquittance ; a discharge. Quieta claman- 
 tia : quitclaim. Quieti reditus : quitrents ; v. Assize. Quie- 
 tum clamare: to quitclaim. 
 
 Quilibet potest renunciare juri pro se introducto, I: Any 
 one may waive a right introduced for his own benefit. 
 
 Quinque portus, /. The Cinque-poris. 
 
 Quinto ezactus, I. (Pive times called.) A return of a sheriff 
 after the fifth and last proclamation in outlawry. 
 
252 QUITCLAIM— QUOD 
 
 Quitclaim. A deed of release, or discharge of claim ; a deed 
 without a warranty. 
 
 Quitreut: v. Assize, Ghief rents. 
 
 Quivis prsesumitur bonus donee probetur contrarium, /. 
 Every one is presumed innocent until the contrary is proved. 
 
 Quo animo, /. With what intention, motive. Quo jure (by what 
 title) : a writ for one against another claiming common of pas- 
 ture in his land. Quo minus (by which, not) : words at the 
 beginning of the old writs in Exchequer, suggesting the fiction 
 that the plaintiff was the King's debtor. Quo warranto (by 
 what wan-ant): an old prerogative writ of right for the King 
 against one who usurped an office, franchise, or title, requiring 
 him to show his authority. Information in the nature of a 
 quo -warranto : originally a criminal information for the wrong- 
 ful use of a franchise, is now the usual civil method for trying 
 the title to pubKc or corporate offices. 
 
 Quoad hoc, I. As to this, as far as this is concerned. 
 
 Quod ab initio nou valet, in tractu temporis non convales- 
 cet, /. What is void in the beginning does not become valid by 
 lapse of time. Quod aedificatur in area legata cedit le- 
 gato : things erected on devised land go to the devisee. Quod 
 approbo, etc. : v. Qui approbat. Quod breve cassetur 
 (that the bill be quashed) : the form of judgment on a plea m 
 abatement. Quod computet (that he acoouxit) : the interlocu- 
 tory judgment in an action of account. Quod concessum fuit : 
 which was granted. Quod contra legem fit pro infecto 
 habetur : that which is done contrary to law is held as not 
 done at all. Quod cum: that whereas. Quod curia con- 
 cessit: which the court granted. Quod ei deforceat (that 
 he deforces him) : a writ for the owner of a particular estate who 
 had lost his lands by default on a preecipe quod reddat. Quod 
 fieri, etc. : v. Fieri, etc. Quod initio, etc. . v. Quod ab initio, 
 etc. Quod meum est sine facto meo vel defectu meo 
 amitti vel in alium transferri non potest: what is once 
 mine cannot be transferred to another without my act or default. 
 Quod non apparet, etc. : v. Idem est, etc. Quod non habet 
 principium, non habet finem : that which has not a begin- 
 ning has not an end. Quod nota : which note [take note of] . 
 Quod nullius est, that which has no owner, est domini regis. 
 
QUOD — QUUM 253 
 
 belongs to the King; id ratione naturall occupant! con- 
 ceditur, is by natural right yielded to the [first] occupant. 
 Quod partes replacitent : that the parties plead over. Quod 
 partitio fiati that a partition be made. Quod permittat:. 
 a writ for the heir of one disseised of common of pasture against 
 the heir of his disseisor. Quod permittat prosternere : an 
 old writ of right commanding the defendant to permit the plain- 
 tiff to abate a nuisance. Quod pure debetur praesenti die 
 debetur : what is due unconditionally is due to-day. Quod 
 recuperet (that he recover) ; the ordinary form of judgment 
 for the plaintiff. Quod redeat inde quietus in perpetuum, 
 et querens in misericordia : that he go thence forever quit, 
 and the plaintiff be in mercy. Quod remedio destituitur, 
 ipsa re valet, si culpa absit : in matters where there is no 
 remedy, a thing may become valid by a mere act, provided there 
 be no wrong. The doctrine of remitter and other extra-judicial 
 remedies. Quod respondeat, etc. -. v. Uespondeat, etc. Quod 
 salvum fore receperint : which they received for safe keep- 
 ing. Quod semel meum est amplius meum esse non 
 potest: that which is once mine cannot be more fully mine. 
 Quod semel placuit in electionibus amplius displicere 
 non potest : election once made cannot be revoked. Quod si 
 contingat : that if it happen. Quod stet prohibitio : that 
 the prohibition continue. Quod voluit non dixit : whatever 
 he meant, he did not express it. Quod vide : which see. 
 
 Quodque dissolvitur, etc., Quomodo quid, etc. v. Eodem, etc. 
 
 Quorum, I. Of whom, of which; whereof. Justices of the 
 quorum : certain justices of the peace were so named, without 
 the presence of one of whom no other justices could act, in cer- 
 tain cases. 
 
 Quoties in verbis nulla sunbiguitas est, ibi nulla ezpositio 
 contra verba fienda est, I. As long as there is no ambiguity 
 in the words, no interpretation should be made contrary to them. 
 
 Quousque, I. Until, as long as. 
 
 Quovis modo, I. In whatever manner. 
 
 Quum, I. When. v. Cm 
 
254 E. — RECEIVEE. 
 
 R. 
 
 R. G., Regulse Generales, I. General orders, rales. 
 
 Rack rent. A rent of tlie full yalue of the tenement. 
 
 Ran, sax., Rapina, /. Open tlieft, robbery. 
 
 Raptus, /. Rape; abduction. Rapuit: he ravished. 
 
 Ratibabitio mandato sequiparatur, /. Ratification is held equal 
 to a command. 
 
 Ratio, L' Reason. Ratio decidendi: the grounds of decision. 
 Ratio legis : the reason [occasion] of the law. Ratione con- 
 tractus: by reason of the contract; impotentiae, inabihty, 
 impotence ; tenurae, of tenure, etc. 
 
 Rationabilis, /. Reasonable ; v. Dos, Be rationabili. 
 
 Ratum, I. Held good, valid. 
 
 Ravishment de gard. t. De raptu haredis. 
 
 Re, I. In the case [of]. In place of. v. Rem, Res. Re. fa. Ic: 
 Recordari facias loquelam. 
 
 Re,/?-. King. Real: royal. 
 
 Real. V. Personal. Real action, chattels, contract : v. Action, 
 Chattels, Contract. 
 
 Reasonable part. One third share of a man's goods which went 
 to his wife, another to his children, and another to his executor, 
 at common law. v. De rationabili parte bononim. 
 
 Reassurance. The insurance of property insured, made by the 
 first insurer to protect himself. 
 
 Rebellion, v. Commission, 8. 
 
 Rebus integris, /. The circumstances complete [yet unchanged]. 
 
 Rebutter, v. Pleading. 
 
 Recaption. 1. A retaking, reprisal ; as of stolen goods. 2. A sec- 
 ond distress upon one formerly distrained for the same cause. 
 3. A writ for the party so distrained, for damages. 
 
 Receipt, v. Court, 11. One side of the Exchequer. Receipt, in 
 contracts of sale ; the actual receipt of the goods, the transfer of 
 possession ; as distinguished from acceptance, which is the 
 transfer of title, not necessarily of the goods. 
 
 Receiptor. A person, usually a friend of the debtor, to whose 
 safe keeping a sheriff commits goods attached. 
 
 Receiver. 1. One who knowingly receives, and keeps or disposes 
 
RECENS — KECOUPE 255 
 
 of, stolen goods. 2. A managing trustee appointed by a court 
 of equity to take charge of a railway or other property pending 
 suit. 
 
 Recens insecutio, secta, I. Fresh suit. 
 
 Recessus, /. Egress. Recessus maris : reliction of the sea. 
 
 Recognitio, I., Recognition. An inquiry, conducted hy a chosen 
 body of men, not sitting as part of the court, into the facts in 
 dispute in a case at law ; these recognitors preceded the jury- 
 men of modern times, and reported their recognition or ver- 
 dict to the court. An inquisition was held by the court itself, 
 as recognitors. 
 
 Recognizance. 1. A recognition, the verdict of an assize. 2. An 
 acknowledgment of a past debt, made upon record, with or with- 
 out sureties [or by sureties for a defendant's appearance], made 
 to be void on the happening of a condition. It existed at com- 
 mon law, and by the Statutes Merchant and Staple. 
 
 Recognize. To make recognition ; to examine as an assize. To 
 acknowledge. 
 
 Record. 1. A court having power to fine or imprison for con- 
 tempt ; a court of which the proceedings were entered in writ- 
 ing (formerly on parchment), a copy of which was conclusive evi- 
 dence of the fact of such proceedings at another trial ; a King's 
 court as distinct from a subject's; v. Court, 117. 2. An en- 
 rolment or memorandum made in a court or registry, formerly 
 necessarily on parchment. 3. Anciently, the proceedings of a 
 court, although oral ; or a plea thereof. 4. The official instru- 
 ment containing an account of the proceedings in a court of jus- 
 tice, the history of the case ; v. Nisi prius. Trial by record : 
 when the issue turns upon a record, and is tried by the inspec- 
 tion of the court without witness or jury. Anciently (v. Rec- 
 ord, 3), by the proceedings in a previous action as proved orally 
 by witnesses. Matter of record: matter evidenced by record, 
 and which can therefore be proved and disproved only by the 
 record itself or an authorized copy. 
 
 Reoordari facias loquelam, I. An old writ issuing for the plain- 
 tiff or defendant, in a suit brought in a county court, directing 
 the sheriff to cause the plaint to be recorded, and to remove it to 
 one of the courts at Westminster ; v. Court, 29. 
 
 Recoupe,/r. To defalk, discount, deduct. 
 
256 RECOUPMENT — EED 
 
 Recoupment. A deduction made for a past claim in satisfying 
 a present demand, both claims arising in the same matter, therein 
 differing from Set-off. Discount : a present deduction made in 
 satisfying a future claim. 
 
 Recourse, ■without. A qualified indorsement; an assignment 
 without assuming liability as an indorser. 
 
 Recovery. 1. A true recovery, the recovery of a thing or its value 
 by judgment in court. 2. A feigned recovery, or Common 
 recovery : a method by which a tenant in tail conveyed his es- 
 tate in fee simple ; the recoveror, the person to whom it was to 
 be conveyed, bringing a pracipe quod reddat against the tenant, 
 who defended his title by vouching [calling] a man of straw to 
 warrant, asserting that the latter had conveyed to him ; and upon 
 the default of the vouchee (usually the court crier, the com- 
 mon vouchee), which always happened after leave was given 
 the recoveror to imparl with him, the recoveror had judgment 
 against the tenant, who in turn had a nominal remedy that he 
 recover lands of equal value from the vouchee. A recovery by 
 double voucher was where the estate was first conveyed to 
 some indifferent person, the tenant to the praecipe, against 
 whom the pracipe was brought, and who vouched the real ten- 
 ant, who in turn vouched the common vouchee. 
 
 Recto, de. Of right ; writ of right. Recto sur disclaimer : a 
 writ of right issuing for the lord upon disclaimer by the tenant. 
 Rectum : right, v. De. 
 
 Rector. A parson ; a clerk having fuU possession of a living and 
 tithes ; as distinguished from a vicar, where there has been an 
 appropriation or impropriation of the preedial tithes, and who is 
 as it were the curate of the appropriator, though not removable 
 at his caprice, by Stat. 4 Hen. IV. c. 12 ; and now commonly 
 the vicarage is endowed. Perpetual curate : the minister of a 
 parish exempted from the operation of 4 Hen. IV. c. 12. Now 
 all parish priests, not rectors, are called vicars ; 31 & 32 Vict. 
 c. 117 ; and a curate can mean only a vicar's or rector's salaried 
 assistant. 
 
 Rectus in curia, I. Right in court, cleared of all charges or 
 contempts. 
 
 Red Book of the Exchequer. An ancient collection of records 
 and miscellaneous manuscripts in the Exchequer. 
 
REDDENDUM — EEGRATING 257 
 
 Reddendum, /. (Rendering) tlie clause in a charter of feoffment, 
 deed, or lease, specifying the rents or services. Reddere: to 
 render, yield, return. Reddidit se: lie rendered himself [in 
 discharge of his bail]. 
 
 Redemption, v. Equity of. The process of defeating a mortga- 
 gor's title by fulfilment of the condition ; or by a bill in equity 
 after breach thereof. 
 
 Redeundo, /. Returning, wLile going back. 
 
 Redisseisin. A new disseisin by a person previously adjudged a 
 disseisor, for which he was liable in double damages. 
 
 Reditus albi, nigri, I.- WMte rents, black rents, y. Black mail, 2. 
 Reditus capitales : chief rents, rents of assize. Reditus 
 quieti : quitrenls. Reditus siccus : rent seek. 
 
 Reduction into possession. 1. Of choses in action. 2. The 
 taking possession by the husband of the wife's goods, so as to 
 make them his. v. Equity, wife's. 
 
 Reeve, sax. Oerefa. A ministerial officer. 
 
 Referendo singula singulis, /. (Referring singles to singles.) 
 Making proper application respectively. 
 
 Reg. gen. Regula generalis. Reg. Jud. : Register of Judicial 
 writs. Reg. lib. : the Registrar's book in Chancery, containing 
 all decrees. Reg. Orig. : Register of Original writs. 
 
 Regalia,/. Royal rights or prerogatives. Regalia majora: such 
 as are part of the King's sovereignty, inseparable; minora, 
 such as are created or conferred upon him. 
 
 Regard, v. Court, 76. One of the old Forest courts. 
 
 Regardant Annexed to the land or manor, v. Villein. 
 
 Rege inconsulto, I. (The King not advised.) A writ directing 
 judges not to proceed in a cause which might prejudice the 
 King's interests, without advising him thereof. 
 
 Regia via, I. The royal [high] way. 
 
 Regiam majestatem, /. An ancient treatise on Scottish law re- 
 sembling Glaiivil. 
 
 Registrum brevium, /. A register of the original {Reg. Orig) and 
 judicial {Reg. Jud.) writs used in the law, first compiled in the 
 reign of Edward I., and preserved in Chancery, v. Fitzherbert. 
 
 Regrating. Speculating in provisions. The offence of buying 
 provisions at a market for the purpose of reselling them within 
 four miles of the place. 
 
 17 
 
258 REGUL A— REMAINDER 
 
 Regula est, etc. v. Ignorantia facti, etc. 
 
 Regulae generales, I. The general rules and orders issued from 
 time to time by the judges of the English courts. 
 
 Regular clergy. Monks living in societies, as distinguished from 
 the secular clergy, the parish priests. 
 
 Rehabere facias seisinam, /. A writ to cause the sheriff to re- 
 deliver seisin, who Jiad seised the defendant of too much land 
 under a habere facias seisinam. 
 
 Rei, /. V. Res, Reus. 
 
 Rejoinder. The defendant's second pleading, v. Pleading. 
 
 Relatio semper fiat ut valeat dispositio, I. Reference should 
 be so made that the disposition may be valid. 
 
 Relazare, I. To release. Relaxavi : I have released. 
 
 Relator. The person upon whose complaint an information or quo 
 warranto is filed. 
 
 Release. A conveyance wherein the releasor yields his right or 
 estate to a person already having some estate or possession in 
 the lands. A secondary conveyance, which may enure either 
 (1.) by passing the estate (mitter I'estate), where a fee-simple 
 wUl pass without any words of limitation, as from one joint ten- 
 ant or coparcener to another ; (2.) by passing the right (mitter 
 le droit), where words of limitation are not necessary, and there 
 is no privity of estate, as from a disseisee to a disseisor; (3.) by 
 extinguishment, as of a seigniorial right, or right of reversion; 
 (4.) by enlarging a particular estate (enlarger Testate) ; (5.) by 
 entry and feoffment, as where one of two disseisors releases 
 to the other. 
 
 Relicta verificatione. v. Cognoscere, Cognovit. 
 
 Reliction. The receding of the sea, whereby land is left dry. 
 
 Relevamen, relevium, /., Relief. 1. A fine paid by the heir of a 
 deceased tenant in chivalry for " taking up " the feud. 2. The 
 specific assistance sought by a plaintiff in equity. 
 
 Rem. Thing. Rights ad rem : v. Jura ad rem, Ad rem. 
 
 Remainder. A future estate at common law, created to take effect 
 after the end of a previous estate, which is called the particular 
 estate. A vested remainder is a future estate given to some 
 certain person or persons, which is to take effect immediately on 
 determination of the particular estaite, and must be ready at all 
 times to take effect, (if not divested, as by death of the remain- 
 
KEMANENTIA — RENT 259 
 
 derman,) upon the determination of the particular estate in any 
 way ; and which must take effect at some time, if not divested. 
 A contingent remainder is one which does not fulfil these 
 conditions, because it depends upon an event which may never 
 happen, or may not happen before the determination of the par- 
 ticular estate, or because the person to take the remainder is 
 uncertain, or not in being. A remainder limited by way 
 of use is when a future use is so limited that it might take effect 
 as a remainder; in which case it is so considered ; and the use 
 becomes subject to the laws which govern remainders at common 
 law. 
 
 Remanentia, Hemanere, /. A remainder. 
 
 Remanet, I. A cause postponed to the next term. Remanent 
 pro defectu emptorum (they remain for lack of purchasers) : 
 a sheriff's return to a writ oiji.fa. that he has been unable to 
 sell the goods distrained. 
 
 Remitter. The doctrine by which a disseisee having good title, 
 who acquires a later defective title and enters under it, is remit- 
 ted to his original good title and deemed to hold thereby, free 
 of incumbrances by the disseisor, v. Quod remedio, etc. 
 
 Remittit damna, /. The entry of the plaintiff on the record that 
 he remits part of the damages awarded him by the verdict. 
 Remittitur : the sending back of a record from a superior to 
 an iaferior court for entry of judgment, new trial, or other pro- 
 ceedings. 
 
 Remoteness, v. Perpetuity. 
 
 Remote impedimento, emergit actio, I. The bar beiag re- 
 moved, the action arises. 
 
 Render, fr. v. Prender. To yield ; pay ; return ; used of rents, 
 profits, or services which the tenant had to render, not the land- 
 lord to take. 
 
 Renounce probate. To refuse to act as executor under a will. 
 
 Rent A certain amount of money, goods, or services rendered to 
 the lord by the tenant in acknowledgment of tenure and com- 
 pensation for his possession. If the grantor of the land have a 
 reversion and may distrain, it is rent service ; if he have no 
 reversion, but may nevertheless distrain by special clause in the 
 grant, it is rent charge ; if he have no reversion nor right of 
 distraint, it is rent seek. Black rent, Chief rent. Fee-farm 
 
260 RENT — RES 
 
 rents. Rack rents, White rents, rents of assize: see those 
 titles. 
 
 Reo absente, I. In the absence of the defendant. 
 
 Reparatione facienda, I. A writ to force the owner or part 
 owner of property to make repairs. 
 
 RepellituT a sacrameuto infamis, /. An infamous person is (re- 
 pelled from) refused the oath. 
 
 Repetitum namium, I. A repeated or counter distress, wither- 
 nam. 
 
 Repleader. To plead the case over again, as when no satisfactory 
 issue has been reached. 
 
 Replegiare, /., Replevir fr. To take back on pledge ; replevy. 
 Replegiare de averiis: replevin of cattle. Replegiari fa- 
 cias : the original writ in replevin. 
 
 Replevin. An action for the specific recovery of cattle or goods 
 distrained or taken. The replevisor or plaintiff gives pledges 
 or bond to prosecute and return the goods if judgment be given 
 against him ; whereupon the sheriff seizes the goods, and the 
 plaintiff brings his action, to which the defendant makes avowry 
 or conusance in the nature of a declaration setting up his title ; 
 and the following pleading of the plaintiff is called the 'plea, 
 and so on. This is replevin in the detinuit ; replevin in the 
 detinet was where there was no reseizure of the goods, as if 
 they had been eloigned, v. Capias in withernam. Personal 
 replevin: an action or writ to review an imprisonment and 
 enforce rights of personal liberty, like the old writ de homitie 
 replegiando. 
 
 Replication. The plaintiffs second pleading, v. Pleading. 
 
 Reprobata pecunia liberat solventem, /. Money refused re- 
 leases the payer [person tendering it]. 
 
 Requests, v. Court, 63. Letters of request : v. Letters. 
 
 Res,/. Thing; case; matter; affair; subject; circumstance. In 
 re : in a thing, in the matter of ; v. In re. Jura in re ; a real 
 right, right of ownership or dominion. Ad rem : to a thing, a 
 personal right ; against the thing, an action determining prop- 
 erty: v. Actio, Ad rem. Jura. In rem: like ad rem; v. In rem; 
 against the thing, not against the person. Res accessoria, 
 etc. : V. Accessorium non ducit, etc. Res aliena : the property 
 of another. Res caduca : an escheat. Res communes : 
 
EESCEIT — KESPONDENT 261 
 
 tilings common [of common property]. Res corporales: ' 
 corporeal things. Res gestae (things done) : the circumstances 
 of the transaction. Res Integra (an affair untouched) : a new 
 matter. Res inter alios acta alteri uocere non debet: 
 a transaction between other parties ought not to injure one. 
 Res inter alios : the acts of strangers. Res ipsa loquitur : 
 the matter speaks for itself. Res judicata : an adjudged mat- 
 ter. Res judicata pro veritate accipitur: a judgment is 
 taken for truth. Res nullius : the property of nobody. Res 
 nova : a new matter. Res perit domino (the thing perishes 
 to the owner) : the loss falls upon the owner. Res publica : 
 the common weal, the republic. Res publicae : the common- 
 wealth. Res quotidianae : every-day matters. Res sua ne- 
 mini servit: no man can have a servitude over his own property. 
 Res transit cum suo onere : the thing passes with its bur- 
 den [the incumbrance is transferred with it]. 
 
 Resceit. The admission of a third party to defend his own inter- 
 est, as the reversioner in an action against the tenant. 
 
 Rescissory, t. Action. 
 
 Rescous,/r. Rescue; the forcible taking of goods distrained, or 
 delivery of a prisoner. 
 
 Rescript. The answer of a Roman Emperor when consulted on a 
 difficult question of law. In American States, the written 
 statement by the court of the grounds of the judgment on a 
 point of law. 
 
 Rescutere, ;. To rescue. Rescussit : he rescued. 
 
 Residuary. Of the residue, v. Legacy. 
 
 Resoluto jure concedentis, resolvitur jus concessum, /. 
 When the assignor's right expires, the interest assigned comes to 
 an end. 
 
 Resolutive, resolutory. Having the effect of ending, v. Con- 
 dition. 
 
 Reson,/r. Truth; right; reason. 
 
 Respectus, ;. Respite ; delay. 
 
 Respondeat ouster, /. & fr. (Let him answer further.) The 
 judgment for the plaintiff on a plea in abatement, that the de- 
 fendant answer over. Respondeat superior: let the master 
 answer. 
 
 Respondent A defendant; an appellee. 
 
262 EESPONDENTIA — KETURN 
 
 Respondentia. A loan like hottowry, but secured upon the ship's 
 cargOi and for which the borrower or master becomes liable per- 
 sonally if the goods are saved. 
 
 Respondes oustre,/r. Answer over. 
 
 Responsa prudentum, I. The opinions of Exjman lawyers given 
 as experts. 
 
 Responsalis, I. One who answered for another ; an attorney. 
 
 Restitutio in integrum, I. Restitution to the original condition. 
 
 Restitution. A writ issued in favor of a successful plaintiff in 
 error, to restore to him all he has lost by the judgment. Res- 
 titution of conjugal rights : a suit in the EugUsh ecclesiasti- 
 cal courts by one party to a marriage, to compel the other to live 
 with him or her. 
 
 Rests. Periodical balancings of an account made for the purpose 
 of converting interest into principal, and charging the party ha- 
 ble thereon with compound interest. 
 
 Resulting trust or use. One raised by equitable doctrines ; or 
 by impKcation, as on the expiration of a previous trust, or before 
 the beginning of another, v. Trust. 
 
 Retainer. The payment by an executor of a debt due him from 
 the estate, in preference to other debts of equal degree. The 
 engagement of counsel by a party or attorney. A preHminary 
 fee or honorarium. 
 
 Retorna brevium, /. (The return of writs.) The third day in 
 the term. 
 
 Retour sans protSt,^. A direction by the drawer to have a bill 
 returned, if dishonored, without protest, and sans frais, without 
 charges. 
 
 Retraxit, /. An open and voluntary renunciation by a plaintiff of 
 his suit, differing from a Nol. pros, in that it is a bar to any other 
 suit for the same cause. 
 
 Retro, /. Back; backward. 
 
 Rettare, ;., Retter,/r. To accuse, charge with a crime. 
 
 Rettum, I. An accusation, a charge. 
 
 Return. The act of a sheriff in returning a writ to the court 
 issuing it, after execution or attempt to execute. The indorse- 
 ment made upon the writ, stating how he has executed, or failed 
 to execute it. Return days : fixed days in the term on which 
 the return of vrrits was required to be made. v. Replevin. 
 
REUS — RIOT 263 
 
 Reus, /. A defendant ; a person guilty. 
 
 Reve. T. Reeve. Reve mote : the slierifPs court. 
 
 Reversion. , The returning of a feud to the Crown (now called es- 
 cheat), or of a fee to the lord granting it ; or, in modern times, 
 of any property to the grantor of a common-law estate in it 
 after the determination of the estate. The residue of the estate, 
 left in the grantor, to commence in possession after the deter- 
 mination of some particular estate granted out of it by him. 
 
 Revieiw. v. Bill, I. 16 ; Gommission, 9. 
 
 Revivor, v. Bill, I. 17. 
 
 Rex, I., Rei/r. The King; a king. Rex non potest peceare: 
 the king can do no wrong. Rex nuuquam moritur : the King 
 never dies. Rex non debet esse sub homine, sed sub Deo 
 et lege : the King ought not to be subject to men, but to God 
 and the law. 
 
 Rhodian la'w. The oldest collection of maritime law. Also, a 
 name given to a more modem code, of later and spurious origin. 
 
 Rien, riens, Jr. Nothing ; not. Rien culp. : not guilty. Rien 
 dit : says nothing, nil dicit. Rien luy doit : nil debet. Riens 
 en arriere: nothing in arrear; a plea in account or replevin. 
 Riens lour deust: not their debt; v. Nil debet. Riens passa 
 par le fait (nothing passed by the deed) : a plea against a per- 
 son setting up a deed acknowledged or enrolled in court, where 
 the plea of non est factum was not allowed. Riens per de- 
 scent : nothing by descent, a plea by an heir sued for his an- 
 cestor's debt. 
 
 Right. Direct; lineal; next [heir]. 
 
 Right, writ of. In general^ a writ brought upon title to" recover 
 the full right to a thing ; a writ droitural, not possessory. Par- 
 ticularly, the writ for a tenant in fee to recover lands and tene- 
 ments, counting upon his own title as superior to that of his 
 adversary, the chief real action. This was a writ patent as, 
 distinguished from a writ of right close, which lay either 
 for a tenant in capite ; or for tenants in ancient demesne, or their 
 lords, about lands, rents, or services. So a writ of right of 
 advowaon, dower (where a widow endowed had been disseised), 
 etc. : v. Admwson, Bower, Be dote. Search, Way, Bill, II. 4. 
 Riot. A breach of the peace by three or more persons ; v. Affray, 
 Riot Act : 1 Geo. I. st. 2, ch. 5. 
 
264 RIPA — SACHER 
 
 Ripa, /. The bank of a river. Riparia : a river. 
 
 Rite, I. In due form ; properly ; legally. 
 
 Rizatri:::, I. A scold. 
 
 Robaria, roberia, I. Robbery, v. Larceny. 
 
 Roigne, reine,/r. The Queen. 
 
 Roman law. The law as established by Justinian, the civil law. 
 
 The law of the Romans. 
 Romescot. Peter's pence. 
 Roup, sc. An auction, a sale by auction. 
 Rout. An incipient riot; a meeting of three or more to do an 
 
 unlawful act for a common grievance. 
 Roy, roi, ie,/r. The King. Roy n'est U6 per ascun statute, 
 
 si il ne soit ezpressement uosme : the King is bound by no 
 
 statute unless he be expressly mentioned. 
 Royal court, v. Court, 115. The courts at Westminster. Royal 
 
 fish : whales and sturgeons, which belonged to the King if cast 
 
 ashore. Royal mines : mines of gold and silver. 
 Rule. An order of court. Rule absolute, nisi: v. Absolute. 
 
 Rule in Shelley's Case: v. SMle/s Case. Rules of a 
 
 prison ; limits within which prisoners in civE suits might live, 
 
 if they gave security not to escape. 
 Running with the land. v. Covenant. Running days: lajf 
 
 days. 
 Rustioum judicium, /. A rude judgment. The judgment of 
 
 Admiralty, dividing the damages caused by a collision between 
 
 the two ships. 
 
 s. 
 
 S. For Salutem, Scilicet. S. C: same case. S. P.: sine prole. 
 S. V. : snb voce. 
 
 Sac. The liberty of holding pleas and amercements ; the jurisdic- 
 tion of a franchise or manor court. Soc : the money paid there- 
 for, or for exemption therefrom. 
 
 Sacaburth, saccabor, sax. A person from whom a thing had 
 been stolen, and who freshly pursued the thief. 
 
 Sacher, fr. To know. Sachent : let them know. Sachez : 
 know ye. 
 
SACRAMENTUM — SAPIENS 265 
 
 Sacramentum, I. An oath ; a juror's oatli. 
 
 Sacrilege. Larceny or other trespass in a church. 
 
 Saepiua requisitus, I. Often required, requested. 
 
 Ssevitia, I. Cruelty ; cruel treatment. 
 
 Safeguard. A writ under the great seal, giving strangers license 
 and protection in the fealm. 
 
 Safe pledge. A sufficient surety, salvus plegius. 
 
 Saisina, I. Seisin. 
 
 Salic la-w. The earliest barbarian code, dating from the fifth cen- 
 tury, compiled under Pharamond, King of the Franks. 
 
 Salicetum, I. A willow wood ; an osier bed. < 
 
 Salina, I. A salt-pit. 
 
 Salus populi suprema lez, I. The welfare of the people is the 
 supreme law. 
 
 Salutem, I. Greeting ; a formal word beginning writs. 
 
 Salva gardia, I. Safeguard. 
 
 Salvage. A compensation allowed to persons who have saved or 
 aided in saving ships or cargo from actual loss after wreck, 
 or from impending danger, whether from fire, pirates, enemies, 
 or the ordinary perils of the sea. 
 
 Salvo, I. Saving, except ; safely. Salvo jure cujuslibet : sav- 
 ing the rights of any and all. Salvo me et hseredibua meis: 
 except me and my heirs. Salvo pudore : saving modesty. 
 
 Salvus plegiu^, /. A satisfactory pledge ; a surety anciently re- 
 quired for the defendant's appearance. 
 
 Sanctio, I. A sanction ; the part of laws prescribing a reward or 
 penalty. Sanctio juata, jubens honesta et prohibens con- 
 traria : a just sanction, authorizing what is right and forbidding 
 what is not. 
 
 Sanctuary. A consecrated or privileged place, wherein no arrest 
 could be made. v. Abjuration, of the realm. 
 
 Sane,/r. Sound. 
 
 Sanaa mentis, /. Of sound mind. 
 
 Sanguis, I., Sang, sank.yr. Blood ; consanguinity. 
 
 Sans.yr. "Without. Sans ceo que : without this, that ; v. Trav- 
 erse, special. Sans jour : without dat^. Sans nombre; with- 
 out number; v. Common. Sans recours: without recourse; 
 v. Indorsement. 
 
 Sapiens incipit a fine, et quod primum est in intentione 
 
266 SAPIENS — SCOT 
 
 ultimum est in ezecutione, I. A wise man begins with the 
 end, and what is first in intention is last in execution. 
 
 Sart A piece of woodland turned into arable, t. Assartare. 
 
 Satius est petere fontes quam sectari rivulos, I. It is better 
 to seek the fountains than to follow out the streams. 
 
 Saunk, Sauna, t. Sang, Sans. 
 
 Saver default,/;-. To excuse a default. 
 
 So. Por Scilicet, to wit. 
 
 Scaccarium, /. Exchequer ; the Exchequer, v. Court, II. 
 
 Scan, mag., Scandalnm magnatum, /. The slander of great 
 men ; as a peer, noble, or judge, which formerly made the slan- 
 derer liable to a special action on the case. 
 
 Scaver, Sca.voir, fr. To know. 
 
 Soi. fa. Scire facias. 
 
 Sciant prsesentes et futuri, I. Know all men present and to 
 come. Sciendum est: it is to be known [understood]. 
 
 Sciens et prudens, I. Wittingly ; in full knowledge. Scienti 
 et volenti non fit injuria : no legal wrong may be done to 
 one who knows and wills it. Scientia utriusque par pares 
 contrahentes facit: equal knowledge on both sides makes the 
 contracting parties equal. 
 
 Scienter, Knowingly ; a term used to express that the defendant 
 was aware of circumstances, knowledge of which is necessary to 
 make him liable ; as that a dog was ad mordendum assuetus. 
 
 Scilicet, I. To wit; that is to say." 
 
 Scintilla, /. Spark. Scintilla juris : a particle of right. 
 
 Scire debes cum quo contrahes, I. You ought to know with 
 whom you contract. Scire facias (that you cause to know); 
 the name of a writ founded upon matter of record, and requiring 
 the defendant to show cause why the plaintiff should not take 
 advantage of it ; most frequently brought to revive a judgment, 
 or enforce a recognizance. Also, an interlocutory process, as to 
 give notice in various cases. Scire feci (I have given notice) : 
 the return of a sheriff to a scire facias. Scire fieri inquiry : 
 when a sheriEf returned nulla iona to a feri facias de bonis 
 testatoris, without also returning devastavit, this writ issued to 
 make inquiry as to what had become of the testator's goods. 
 
 Sciregemot, scyregmot, sax. The county court, v. Court, 29. 
 
 Scot. A tax, contribution. Scot-ale : Gildale. 
 
SCRIBERE — SECUNDUM 267 
 
 Scribere est agere, I. ^ To write is to act. 
 
 Scroll An escrow; a rolled writing. A flourish or ornament. 
 
 Scutagium, I., Scutage. Escuage. A payment in commutation 
 of military services. 
 
 Scutum, ;. A shield ; a pent-house. 
 
 Scutifer. An esquire. 
 
 Se,//. If. Se, I. Himself; itself; themselves. Se defen- 
 dendo: in defending himself; v. Homicide. 
 
 Sea letter. A manifest, particularly in time of war; a ship's 
 passport. 
 
 Search, right of. The right of belligerent powers to search neutral 
 vessels for contraband goods or enemy's property. Search- 
 warrant : is granted by a justice of the peace for the searching 
 of a house, shop, or other premises, for stolen or unlawful goods. 
 
 Sec, seck.yj-. Dry; barren, v. Rent. 
 
 Second deliverance. A writ for the plaintiff ia replevin, after 
 judgment for a return on default or nonsuit, to have the goods 
 again on his giving the same security as before. Second sur- 
 charge : a writ for surcharging a common against the same de- 
 fendant against whom admeasurement of pasture has been had. 
 
 Secondary, v. Conveyance, Emdence. 
 
 Secta, /. Suit. Suit at court, attendance at court. The wit- 
 nesses of a party in ancient procedure, v. Witness, Compurga- 
 tores. Secta ad molendinum (suit to a mill) : a writ against 
 persons who were bound by tenure or custom to bring their com 
 to a certain mill to be ground. So Secta ad furnum, torrale : 
 suit to a [pubhc] oven, kiln, or malt-house. Secta curiae (suit 
 of court) : the attendance in the lord's court, to which a feudal 
 tenant was anciently bound. 
 
 Sectator, /. A suitor ; one bound ad sectam curiie. 
 
 Section. In American land law, one square mile, one thirty-sixth 
 of a township. 
 
 Secundum, I. According to; in favor of; near. Secundum 
 sequum et bonum : according to what is just and good. Se- 
 cundum allegata et probata : according to what is alleged 
 and proved. Secundum consuetudinem manerii: accord- 
 ing to the custom of the manor. Secundum formam chartse, 
 doni, statuti : according to the form of the deed, gift, statute. 
 Secundum legem communem Angliae : according to the 
 
268" SECUNDUM— SEMPER 
 
 common law of England. Secundum naturam, normam 
 legia : according to nature, the rule of law. Secundum sub- 
 jectam materiam : according to the subject matter. 
 
 Securitate pacia, I. An old writ " for security of the peace " for 
 one who was threatened by another. 
 
 Securus, /. Safe ; sure. Securitas : surety. 
 
 Secus, I. Otherwise ; contrary. 
 
 Sed, /. But. Sed non allocatur: but it is not allowed. Sed 
 per curiam : but, by the court. 
 
 Sedato animo, I. With settled purpose. 
 
 Sedente curia, I. The court sitting; during the sitting of the 
 court. Sederunt : in Scotland, the session of a court. 
 
 Sedes, I. A see ; the dignity of a bishop. 
 
 Sedition. An offence, tending towards treason, but wanting the 
 overt act. 
 
 See. A bishop's dignity or jurisdiction. See,^. . seat. 
 
 Seigneur, seignior, _/7-. A lord ; a master, owner. 
 
 Seigniory. A lordship ; a manor. Seigniory in gross : a lord- 
 ship independent of a manor; as the King's seigniory over 
 tenants in. capite. 
 
 Seised. Possessed of land under claim of a freehold interest. 
 Seisin : seisin in fact, actual possession, investiture of a free- 
 hold. Seisin in laiw : the estate of a person having a freehold 
 interest, while dispossessed or before entry. Seised in his de- 
 mesne as of fee : holding a fee simple, in a corporeal heredita- 
 ment, of the superior lord ; v. Livery, Feoffment. 
 
 Seisina, I. Seisin. Seisina facit stipitem (seisin makes stock) : 
 the seisin determines the root of descent ; v. Possessio fra- 
 tris, etc. The old law by which descent was traced from the per- 
 son last seised in fact ; v. Non jus, etc. 
 
 Seized, seizin, etc. Seised, seisin. 
 
 Semb., Semble,//-. It seems. An expression applied to an oUter 
 dictum by the judge, or a suggestion by the reporter. 
 
 Semblable, fr. Similar ; like. Semblement {Similiter) : like- 
 wise. 
 
 Semer,/r. To sow. Seme : sown. 
 
 Semi-plena probatio, I. Half-proof. 
 
 Semper, I. Always. Semper in obscuris quod minimum 
 est sequimur: in things obscure we always follow the least 
 
SEMPER — SERVIENT '269 
 
 obscure. Semper paratua: always (prepared) ready; v. Tout 
 temps prist. Semper prsesumitur pro uegante : the pre- 
 sumption is always iu favor of the one denying. 
 
 Senate, t. Court, 103. 
 
 Senatus consultum, I. A decree of the senate ; one of the chief 
 sources of Roman law. 
 
 Senescallus, I., Seneschal,^-. A steward of a manor. 
 
 Sensus verborum est anima legis, I. The true meaning of the 
 words is the soul of the law. 
 
 Sententia, I. Sense, meaning ; sentence, decree. 
 
 Separatim, I. Severally. 
 
 Sequatur sub suo periculo, /. An old writ issued on a return 
 nihil to a summoneas ad warrantizandum, after an alias unApluries 
 had been issued. 
 
 Sequela, /. A suit ; prosecution. 
 
 Sequestrari facias, /. A writ of execution against a beneficed 
 clergyman, commanding the bishop to enter the rectory and 
 church, and take and sequester the same until of the rents, tithes, 
 and profits he have levied the plaintiff's debt. 
 
 Sequestration. In equity practice, the process of taking the prop- 
 erty of a defendant in contempt, and holding it in the custody of 
 the court. 
 
 Seriatim, /. In order, one after another. 
 
 Seriaunt,//., Serjeant. The highest degree in the profession of 
 common law. Serjeants wore the coif, and had formerly the ex- 
 clusive right to practise in the Common Pleas. 
 
 Serjeanty. A special kind of knight-service, held only of the King. 
 Grand serjeanty : when the tenant was not bound to attend the 
 King in wars, nor liable to aid or escuage ; but performed some 
 particular military duty or honorary service. Petty serjeanty: 
 when the tenant held by annual render of some weapon or the 
 like; in effect, like common socage, v. Tenure. 
 Serment,/r. Oath. 
 
 Sermo index animi, /. Speech is the index of the mind. 
 Serve. To legally deliver ; as of a writ. 
 Service. The duty (whether of rents or services) which a tenant 
 
 owed the lord for his fee. Knight-service : v. Tenure. 
 Serviens, I, A Serjeant ; a bailiff, officer. 
 Servient tenement v. 
 
270- SEEVITIUM — SHIKE-MOTE 
 
 Servitium, I. Service. Libenim servitium : free service. Ser- 
 vitium militare : military service, knight-service. Servitium 
 regale : royal service, granted by royal prerogative to tlie lord 
 of a manor. Servitium scuti (service of the shield) : knight- 
 service. Servitium sokae: socage, service of the plough. 
 Servitia solita et consueta : the usual and customary ser- 
 vices. 
 Servitus, /. A servitude ; an easement. Servitus servitutis 
 esse non potest : there cannot be an easement of [on] an ease- 
 ment. Servitus non ea natura est, ut aliquid faciat quis', 
 sed ut aliquid patiatur aut non faciat : the nature of an 
 easement is not that one should do anything; but that one 
 should suffer, or refrain from doing something. 
 Servus, /. Slave, bondman. Servus facit ut herus det: the 
 
 slave does [the work] that the master may give [the wages]. 
 Session, Court of. The supreme civil court of Scotland, v. 
 
 Court, 94. Sessions : v. Court, 27, 28, 40, 112. 
 Set-off. A claim for debt or damages set up by the defendant 
 
 against the plaintiff in reduction of his claims, v. Recoupment. 
 Settlement. The rights and condition of a resident, as to paro- 
 chial relief, etc. v. Strict settlement. Act of Settlement: 
 V. Act. 
 Several. Individual; separate; entire. Severalty: an estate 
 
 held entirely by one owner in his own right ; v. Joint. 
 Severance. The dissolution or severing of parties to a suit; or 
 
 of joint tenants or coparceners. 
 Shack, v. Common. 
 Shaw, ;. A wood. 
 
 Sheriff's court, jury. v. Court, 33, 38, 39, 59, 97. 
 Shelley's Case. A case in which is stated the rule that you cannot 
 limit an estate to a man for life, with a remainder to his children, 
 or heirs in fee or tail. The latter words will be words of limita- 
 tion, mii purchase, and the man will take a fee. 1 Coke, 104. 
 Shifting use. v. Use. 
 
 Ship's-husband. The agent of the owners of a ship, who man- 
 ages the affairs generally, sees to repairs, insurance, charter- 
 parties, etc. 
 Shire-mote. The county court, v. Go^ert, 29. Shire-reeve: 
 the sheriff. 
 
SI — SIMPLEX -271 
 
 Si, I. If. Si aliquid ez solemnibus deficiat, cum sequitas 
 poscit, subveuiendum est : when any one of the proper forms 
 is wanting, it will be aided if equity requires. Si contingat : 
 if it happen. Si fecerit te securum : if he [the plaintiff] shall 
 have made you secure [given sufficient sureties]. Words in the 
 old writs which directed the sheriff to cause the defendant to 
 appear in court, without any option given. Si ita est : if it is 
 so. Si non otnnes : if not aU; an old writ authorizing two or 
 more justices to proceed under the commission, if all were not 
 present. Si prius : if before ; v. Nisi prius. Si recognoscat 
 (if he acknowledge) : an old writ for a debt which had been 
 acknowledged before the sheriff. Si quis sine liberis deces- 
 serit : if any one shall have died without issue. 
 
 ^i, cy, fr. If ; so. Si comme : so as. 
 
 ^io, I. So. Sic hie: so here. Sic utere tuo ut alienum 
 non Isedas : so use your own that you harm not another's. 
 Sic volo, sic jubeo, stet pro ratione voluntas : so I will, 
 so I order, stand my will for the reason. 
 
 Sicut, /. As. Sicut alias : as before, as at another time. Si- 
 cut me Deus adjuvet: so help me God. 
 
 Sier, Bcier, fr. To mow ; cut. 
 
 Sigillum, I. Seal. Sigillare : to seal. 
 
 Sign manual. The royal signature, written at the top. 
 
 Significavit, /. A name for the writ de excommunicato capiendo, 
 to imprison a person, during six months, for contempt of an 
 order of the Ecclesiastical Court. 
 
 (lignum, /. A sign; mark; seal. Signare: to sign, to seal. 
 
 Siilent leges inter arma, I. The laws are silent among arms [in 
 time of war]. 
 
 Silva csedua, /. Wood which may be cut yearly; imderwood; not 
 timber. 
 
 Similiter, /. Likewise ; a word used in joinder of issue or demur- 
 rer. K. joinder of issue. 
 
 Simony. The corrupt presentation to an ecclesiastical benefice. 
 
 Simple. V. Contract, Larceny. 
 
 Simplex commendatio non obligat, I. Mere recommendation 
 does not bind [the vendor]. Simplex dictum: mere aver- 
 ment. Simplex loquela: mere speech, the mere plaint of 
 the plaintiff. 
 
272 SIMPLICITER— SOCMAN 
 
 Simpliciter, I. Simply ; of its own force. 
 
 Simul cum, /. Together with; words used in indictments or 
 pleadings against a person who did a thing "with others " un- 
 known. Simul et semel : together and at one time. 
 
 Sine, I. Without. Sine animo remanendi, revertendi : with- 
 out intention of remaining, returning. Sine assensu capi- 
 tuli: an old writ for an ecclesiastical corporation to recover 
 lands aliened by their collegiate head without their consent ; so, 
 for the successor of a bishop, against his alienee. Sine cura: 
 without a cure, without any charge or duty. Sine decreto : 
 without a decree or order of a judge. Sine die : without day 
 [of meeting again], a final adjournment or dismissal. Sine hoc 
 quod: without this, that; t. Special frawrae. Sinenumero: 
 without number, without stint. Sine prole: without bsue. 
 Sine quo non : without whom (or which) not; the indispensable 
 person or condition, without which nothing can be done ; one of 
 several trustees. Sine vi aut dolo: without force or fraud. 
 
 Single Bill. v. Bill, III. 7. Single Bond: a bond without a 
 condition. 
 
 Singulariter, /. Singly ; in the singular. 
 
 Singuli in solidum, /. Each for the whole. 
 
 Sist. In Scotch practice, a stay of proceedings. 
 
 Situs, /. Position, location, site ; as for jurisdiction. 
 
 Sive tota res evinoatur, sive pars, habet regressum emptor 
 in venditorem, I. The purchaser who has been evicted in 
 whole or in part has an action against the vendor. 
 
 Six Clerks. Clerks on the equity side of Chancery, who received 
 and filed all bills, answers, replications, etc. 
 
 Slander. Defamation by words spoken, v. Colloquium, Privileged 
 commtnication, Libel. 
 
 Soo, Socne, Socna, sax. v. Sac. 
 
 Socage, Socagium, I. Tenure by certain service, not military. 
 Free and common socage : the general, and in modem times 
 almost universal, tenure of English land ; by free services, not 
 military, as rents (farm produce or money). Villein socage : 
 tenure by base, but certain, services ; v. Tenure. 
 
 Societas, I. A partnership. Socii mei socius meus socius 
 non est : the partner of my partner is not my partner. 
 
 Socman. A name applied to all kinds of tenants other than those 
 in knight service. 
 
SOI — SPECIAL 273 
 
 Boi, fr. Him, her. Soi mesme : himself. 
 
 Soit, fr. Let it be. Soit baile aux commons: let it be deliv- 
 ered to the Commons. Soit droit fait al partie : v. Petition 
 de droit. 
 
 Soka, soke, l.,fr. 1. Soc. 2. A plough. 
 
 Solatium, /. (Consolation.) Compensation ; sentimental damages. 
 
 Sold note. t. Bought and sold notes. 
 
 Sole. V. Corporation, Feme. 
 
 Solemnitas, /., Solempnit6,yr. Due form and ceremony. 
 
 Solicitors. The attorneys in Chancery were so called. 
 
 Solidum, I. A thing undivided, entire ; the whole. 
 
 Solum, I. The ground, soil. 
 
 Solutio, /. Payment; satisfaction. Solutio indebiti: payment 
 of what is not due. Solutio pretii emptionis loco habetur : 
 the payment of the price operates as a purchase. 
 
 Solutus, I. Loosed ; freed ; purged ; released. 
 
 Solvendo, I. Paying. Solvendum in futuro : to be paid at a 
 future time. Solvit : he paid. Solvit ad diem, Solvit post 
 diem (he paid at the day, he paid after the day) : pleas iu an 
 action of debt on a bond. 
 
 Son assault demesne, /r. His own assault; a plea in actions of 
 trespass for assault, v. Be injuria, etc. 
 
 Soub, soubs, sous, Bouth,/r. Under. 
 
 Soul-scot. A mortuary offering; corse-present. 
 
 So vent, souvent,_;^. Often. 
 
 Sovereign. Of supreme civil, military, and political power; the 
 person or body of persons in whom the ultimate authority of 
 law rests. 
 
 Boy, fr. V. Soi. 
 
 Sparsim, I. Scattered, here and there. 
 
 Speaking demurrer, v. Bemurrur. 
 
 Special Agent, Assumpsit, Bail, Case, Contract, Damages, 
 Demurrer, Indorsement, Jury, Occupant, Partner, Flea, 
 Pleader, Pleading, Tail, Traverse, Verdict : see those titles. 
 Special Counts : v. Common Counts. Special issue : a plea 
 of specific traverse, or the issue thereon. Special pleading : 
 the art of drawing up pleas in confession and avoidance. In 
 popular language, the adroit and plausible advocacy of a cKent's 
 case in court. Special property : that of a bailee, or officer 
 18 
 
2 74 SPECIAL — ST AEE 
 
 in possession of the goods ; such as is necessary to ground an 
 action for trover. Special sessions : an extra session of the 
 justices of the peace, held for special purposes, usually under 
 acts of Parliament. 
 
 Specialty. A contract or obligation under seal. 
 
 Species facti, I. The character of the thing done. 
 
 Specific Legacy, Traverse: see those titles. Specific Per- 
 formance : the execution of a contract as made, which can only 
 be compelled by a court of equity. 
 
 Spes, I. Hope. Spes accrescepdi: hope of surriving. Spe 
 recuperandi : in the hope [expectation] of recovering. 
 
 Spiritual Courts. Courts eedesiastieal, Christian, v. Court, 79. 
 
 Spiritualities. The revenues of a bishop as bishop ; his ecclesias- 
 tical receipts. 
 
 Spoliatio, I. Porcible deprivation ; disseisin. Spoliatns debet 
 ante omnia restitui : the party dispossessed ought first of all 
 to be restored. 
 
 Spondet peritiam artis, I. [The workman engaged for hire] 
 promises the skill of his craft. 
 
 Springing use. v. Use. 
 
 Spul^ie, spuilzie, so. Unlawful taking and carrying away of 
 goods. 
 
 SS. A mark in a pleading or process indicating the venue. 
 
 Stabit praesumptio donee probetur in contrarium, I. The 
 presumption shall stand until it be proved to the contrary. 
 
 Stable-stand. Standing ready with bow or hounds ; one of the 
 four evidences of intending to kill deer in s, forest. 
 
 Stagnum, I. A pool, pond. 
 
 Stallage. The liberty of, or duty paid for, having stalls in a market. 
 
 StEuiding mute. A prisoner was said to stand mute, when, on 
 being arraigned for treason or felony, he made no answer, an- 
 swered foreign to the purpose, or, having pleaded not guilty, 
 refused to put himself on the country, v. Paine forte et dare. 
 
 Stannary Courts, v. Court, 72. 
 
 Stapula, I., Staple. A fair, market, v. Statute. 
 
 Starrum, /., Star. A deed, contract. 
 
 Star Chamber, v. Court, 44. 
 
 Stare, I. To stand ; be valid. Stare decisis : abide by the de- 
 cisions. 
 
STATE — STO WE 275 
 
 State Courts, v. Court, 108. 
 
 State's evidence, t. Queen's evidence. 
 
 Statim, I. Immediately. 
 
 Stating part of a bill in equity. The part wliich states the case, 
 the facts, v. Charging part. 
 
 Status, /. Estate ; condition. Status quo : the state in which [it 
 was before]. 
 
 Statute-merchant. A bond or acknowledgment of debt entered 
 into by a debtor before the chief magistrate of some trading 
 town, by which the debtor's goods and lands might be seized and 
 his body imprisoned ; authorized by the statute De Mercatoribm. 
 A Statute-staple is a similar bond acknowledged before the 
 mayor of the Steele, authorized by the 27 Edw. III. c. 9. Eor 
 other statutes, see their titles. 
 
 Statutory release. A conveyance superseding the old Lease and 
 release, created by 4 & 5 Vict. c. 21. 
 
 Statutum generaliter est intelligendum quando verba sta- 
 tuti sunt specialia, ratio autem generalis, I. A statute is 
 to be generally interpreted, although the words be special, if the 
 purpose be general. 
 
 Steelbo'w goods. In Scotland, cattle and implements of hus- 
 bandry given by the landlord to the tenant, who is bound to re- 
 turn articles equal in value at the end of the lease. 
 
 Stet processus, /. (Let the process be stayed.) An entry by 
 consent, made by the plaintiff on the record when he wished to 
 stop the action without suffering a nonsuit ; as if the defendant 
 became insolvent. 
 
 Stetb, Stede. The bank of a river. 
 
 Stillicidium, /. The servitude of suffering water to drip on one's 
 land from the house of another. 
 
 Stint. Limit, v. Common sans nombre. 
 
 Stirps, Stipes, I. A stock ; root of descent ; family. Per stipi- 
 tem : by stock, by families, by right of representation of an an- 
 cestor, not per capita. 
 
 Stipulation. In admiralty, an engagement in the nature of bail, 
 or bond, to release from attachment. 
 
 Stoppage in transitu. The riglit of a vendor to rescind a contract 
 of sale, and seize the goods while stiE in the hands of the carrier. 
 
 Stowe. A valley ; a place. 
 
276 STRATA— SUBPOENA 
 
 Strata, I. A street, road. 
 
 Strict settlement Popularly called entail ; a settlemeat of lands 
 by deed or will upon one for life, remainder to his first and other 
 sons successively in tail, remainder to the daughters with cross 
 remainders, remainder to the settlor or grantee in fee; with 
 proper reimainders to trustees to preserve contingent remainders 
 interposed. 
 
 Stricti juris, ;. In strict law, or right. 
 
 Striking a jury. v. Jury, struck. 
 
 Strip. Aggravated waste ; estrepement. 
 
 Suapte natura, /. In its own nature. 
 
 Sub, I. Under; beneath; below; upon. Sub-bosons: under- 
 wood. Sub oonditione : under the condition. Sub colore 
 ofScii: under color of office. Sub cura mariti: under the 
 care of the husband. Sub disjunctione : in the alternative. 
 Sub judice : under a judge, before court. Sub modo : imder 
 restriction, with a qualification. Sub potestate virl, parentis, 
 curiae : in power [under protection] of a husband, parent, the 
 court. Sub salvo et secure conducto : under safe and se- 
 cure conduct. Sub sigillo: under seal. Sub silentio: in 
 silence, unnoticed. Sub spe reconciliatiouis : under the 
 hope of reconciliation. Sub suo periculo : at his ovra risk. 
 Sub voce : under the word [used in referring to another title]. 
 
 Subinfeudation. The granting of a feud out of a feud, to be held 
 of a mesne lord, forbidden by the statute Quia empiores. 
 
 Sublata causa, toUitur effectus, /. The cause removed, the ef- 
 fect is gone. Sublato fundamento, cadit opus : the founda- 
 tion removed, the work falls. Sublato principali, tollitur 
 adjunctum: the principal removed, the accessory is gone also. 
 
 Subletting, v. Underlease. 
 
 Subornation. Instructing or procuring another to commit an 
 offence. 
 
 Subpoena, I. Under a penalty. A judicial writ commanding a 
 party or witness to appear in court under a penalty. Sub- 
 pcBna ad testiiicandum : the common subpoena to a witness. 
 Duces tecum ; a subpoena commanding the person to bring 
 with him certain documents or evidence. In equity, the sub- 
 poena is the first process ; like the wrii in law, and issues on 
 filing the bill. 
 
SUBROGATION — SUO 277 
 
 Subrogation. Tlie substitution of one person for another; and 
 particularly when one person, having discharged another's lia- 
 bility, or satisfied his claims, steps into his rights. 
 
 Subsequent, v. Condition. 
 
 Substcintive la-w. That part of law which creates and defines 
 rights ; not adjective. 
 
 Substituted service. Service of process authorized by the court 
 to be made on some other person, when the party cannot be found. 
 
 Subtraction. Is where any person who owes any suit, duty, cus- 
 tom, or service to another, withdraws it or neglects to perform it. 
 
 Succurritur minori, I. A minor is to be aided [favored]. 
 
 Sufferance, v. Estate. Tenure at sufferance of the landlord, by 
 a tenant holding over his term. 
 
 Suffragan. Assistant. A titular bishop, assistant to the bishop of 
 the diocese. 
 
 Suggestio falsi, I. A false representation. 
 
 Suggestion. An entry on the record of a fact material to an ac- 
 tion which cannot be pleaded. 
 
 Suus, sui, I. His ; his own. Sui generis : of its own kind, the 
 only one of its kind, peculiar. Sui juris : of one's own law, 
 under no legal disabihty, not under guardianship. 
 
 Suit. 1. An action, prosecution. 2. Service; attendance by a 
 tenant at the lord's court. 
 
 Suitors' fund. The moneys, and interest thereon, paid by liti- 
 gants into court in the Chancery. 
 
 Summa ratio est quae pro religione facit, I. (That is the 
 greatest reason which makes for religion.) That rule of conduct 
 is to be deemed most binding which religion dictates. 
 
 Summary. Hasty ; provisional ; without a jury ; statutory ; with- 
 out an action at law. 
 
 Summoneas, I. A writ of summons ; a general name for writs 
 commanding a party's appearance in court ; a writ judicial, by 
 which all personal actions are in modem times commenced. 
 Summoneas ad auziliandum : a writ of summons on an 
 aid-prayer. Summoneas ad 'warrantizandum : a writ of 
 summons to a person who had been vouched to warranty. 
 
 Summum jus. Strict right, the rigor of the law. Summum 
 jus, summa injuria: extreme right is extreme wrong. 
 
 Suo nomine, I. In his own name. Suo periculo : at his own risk. 
 
278 SUPER — SUEPLUSAGIUM 
 
 Super, I. On ; upon ; above ; over. Super altum mare : upon 
 the high seas. Super se susceperunt : they undertook. Su- 
 per visum corporis : upon view of the body. 
 
 Superficies, /. The surface. 
 
 Superflua uon noceut, I. Things superfluous do no harm. 
 
 Superior, v. Couri, 7, 15, 109. 
 
 Superonerare, I. To overburden; surcharge. Superoneratio : 
 surcharge of common. 
 
 Supersedere, I. To supersede; stay: desist from; neglect. In 
 Scotch law, a sist. Supersedeas (that you refrain) -. a writ 
 granted to forbid the operation of another writ ; a writ to stay 
 proceedings or suspend jurisdiction. 
 
 Superstitious uses. Various bequests to Jews, Dissenters, and 
 Papists for religious or quasi religious purposes, which in Eng- 
 land were made void by several statutes ; and the Eng might 
 divert them to such uses as were " truly charitable." 
 
 Supplemental bill. v. Bill, I. 18. 
 
 Suppletory oath. An oath administered to a party himself where 
 only one witness was offered, the object of which was to make 
 plena probatio (in the civil law). 
 
 Supplicatio, I. In civil law, the rejoinder, the duplieatio. 
 
 Supplicavit, /. A writ to make a man find sureties of the peace. 
 
 Suppressio veri, /. Concealment of the truth. 
 
 Supra, /. Above ; over. Supra dictus : aforesaid. Supra pro- 
 test : upon protest ; v. Acceptance. 
 
 Suprema voluntas, I. A last will. 
 
 Supremacy Act. v. Act. 
 
 Supreme, v. Court, 104, 108. Supreme Court of Judica- 
 ture : V. Court, 19, 101. 
 
 S\a,fr. Upon. Sur cognisance, etc., Sur done, etc. ; v. Fine. 
 Sur cui in vita : v. Cui in vita. Sur disclaimer : a writ in 
 the nature of a writ of right brought by the lord against a ten- 
 ant who had disclaimed his tenure, to recover the land. 
 
 Surcesser,^. To supersede ; desist. 
 
 Surcharge. To overburden. In .equity practice, to add an item 
 to an account, v. Falsify. Surcharge of common, pas- 
 ture : the commoning or pasturing of more beasts than the com- 
 moner is entitled to. 
 
 Surplusagium, I. Surplusage, v. Superflua, etc. 
 
SUKETY — SYNGRAPH 279 
 
 Surety. A pledge ; a person who becomes answerable for the debt 
 or default of another. He is not supposed to have actual cus- 
 tody of his principal, Hke bail ; and may be sued immediately 
 without a prcTious suit against the principal. Surety of the 
 peace : a recognizance or bond to keep the peace, acknowledged 
 before a justice of the peace, either on his own motion or on 
 complaint of a third party who s-wears the peace against the 
 one bound [makes oath that he is in bodily fear of him, and does 
 not do it for mahoe or vexation]. 
 
 Surrebutter. The plaintiff's fourth pleading. 
 
 Surrejoinder. The plaintiff's \inxi. pleading. 
 
 Surrender. The yielding up of a lesser estate to him who has a 
 greater. Surrender in deed, surrender by conveyance, as the 
 grant of a life estate to the remainderman ; in la'wr, implied by 
 operation of law, as if a tenant for years accepts a new lease; 
 in copyholds, the yielding up of a copyhold estate to the lord 
 of the manor, usually in order that he may make a new grant ; 
 the method of alienating copyholds. 
 
 Surrogate. A bishop's chancellor, who usually presides in the di- 
 ocesan court. A judge of matters of probate and guardianship. 
 V. Court, 110. 
 
 Sursisa, /., Sursise,/r. Neglect ; default. 
 
 Sursum reddere, I. To render up, surrender. 
 
 Sus,/r. Upon; above. Susdit: aforesaid. 
 
 Sus. per coll., Suspendatur per collum, /. Let him be hanged 
 by the neck. 
 
 Suspensive, v. Condition. 
 
 Suum cuique tribuere, I. To give to each one Lis own. 
 
 Suus, I. His ; his own. v. Sui, suo. 
 
 Suzereign,^. A crown vassal. 
 
 Swearing the peace, v. Article, Surety of the peace. 
 
 Swein. A freeholder; a freeman of a /ora^. 
 
 STveinmote. v. Court, 77. 
 
 Syb and som, sax. Peace and security. 
 
 Sylva, ;. Wood. Sylva ceedua: coppice wood, cut annually. 
 
 Synod. A religious council or court. 
 
 Syngrapb. A chirograph ; indenture. 
 
280 T.— TANQUAM 
 
 T. 
 
 T, Teste, /. Witness. T., Termino, /. Tenn. 
 
 T. R. E., Tempus regis Edwardi, /. In the time of Edward 
 the Confessor. 
 
 Taberna, tabernaculum, /. A tavern ; inn. 
 
 Tabula rasa, I. A blank tablet. 
 
 Tacite, I. Silently, tacitly. 
 
 Tacking. .The doctrine by which a mortgagee having liens ac- 
 quired at different times may nnite them and enforce them all 
 with the eariiest, to the exclusion of intermediate incumbrances. 
 
 Teiil. 1. Tail general : an estate limited to a man and the lawful 
 heirs of his body. Tail male : to a man and the male heirs of 
 his body. Tail female : to a man and the female heirs of his 
 body. Tail special : to a man and his heirs on a certain body 
 begotten. 2. Strict settlement; v. Fee. Tail after possibility 
 of issue extinct: the estate of a widower having no issue, 
 holding lands under a grant in tail special at frankmarriage. 
 
 Tailzie, sc. An entail ; tail. 
 
 Taini, thaini. Freeholders. 
 
 Tale. A plaintiff's count. 
 
 Tales, ;. Such ; so many. Tales de circumstantibus : so 
 many jurors as may be necessary to make up the panel, selected 
 from the bystanders, talesmen, v. Decern tales, Octo tales. 
 
 Talis qualis, /. Such as ; as much. 
 
 Taliter, /. In such manner. Taliter processum est : so it 
 proceeded. 
 
 Tallagium, /. Tallage ; a tribute ; direct tax. 
 
 Talliare, /. To cut ; cut out ; abridge. Tallia : tail. 
 
 Tam, /. So. Tarn quam : as well as. Tarn facti quam animi : 
 as much in act as in intention. 
 
 Tamen, I. Yet ; notwithstanding. 
 
 Taltarum's Case. The case which established the foundation of 
 common recoveries. Y. B. 12 Edw. IV. 19-21. 
 
 Tanistry. An old Irish tenure by which lands descended to the 
 eldest and worthiest of the blood and name. 
 
 Tanquam prescriptum quod possessum, I. Prescription can 
 only go as far as possession [for what has been possessed].' 
 
TANT — TENTHS 281 
 
 Tantj/r. As ; so ; as much. Tantost : forthwith ; as soon as. 
 Tantus, ;. As much ; so much. Tantum : only. Tantum bona 
 
 valent quantum vendi possuut : things are worth as much 
 
 as they will bring. 
 Tard,//-. Slow; late. Tarde: a return of a sheriff that a writ 
 
 was delivered to him too late for execution. 
 Teinds, sc. Tithes. Teind court : v. Cour(, 96. 
 Teinland, sax. Land of a thane or noble ; not subject to the ser- 
 
 vice of agricultural tenants ; held in knight-service. 
 Temere, /. Rashly ; inconsiderately. 
 Temple, v. Inns of Court. 
 Temporalities. The secular revenues, lands,, tenements, and lay 
 
 fees belonging to a bishop. 
 Tempus, I., Temps, /r. Time. Temporis exceptio : a plea of 
 
 lapse of time. Tempus utile: available time; v. Axnm utilis. 
 Tenant, v. Tenure. 1. One holding lands. 2. One holding a 
 
 lease for years. 3. The defeudant in a real action. Tenant in 
 
 Capite, Chief, Common, Dovrer, Fee, TaU ; at Sufferance ; 
 
 by the Curtesy; to the Praecipe; Paravail: see those titles. 
 
 Tenant for life, v. Life estate ; after possibility, v. Tail ; 
 
 for years, from year to year, at ■will, v. Estate. 
 Tenant-right. A kind of customary estate in the North of Eng- 
 
 land and Ireland dependent on the right to renewal of leases. 
 Tender. An oifer of money or other thing in satisfaction of a debt 
 
 or claim ; a plea to that effect. Tender of issue : the part of a 
 
 plea in traverse which offers to submit the dispute to the proper 
 
 mode of trial. 
 Tenement. That which may be the subject of tenure ; any interest 
 
 relating to land, or hereditament dependent on grant. 
 Tenendum, I. (To be held.) The part of a deed following the 
 
 habendum, and stating the tenure by which the land was to be 
 
 held. 
 Tenens, I. The tenant. 
 Tener,/?-., Tenere, /. To hold; to keep. Tenet, tenuit: he 
 
 holds, he has held ; v. Waste. 
 Tenor est qui legem dat feudo, I. The tenure regulates the law 
 
 of the feud. 
 Tenths. 1. An ancient aid granted the King, being one tenth of 
 
 each subject's personalty. 2. The tenth part of aU spiritual 
 
282 TENTHS — TERCE 
 
 benefices, formerly paid to the Pope, afterwards to the Crown, 
 and applied by Queen Anne to make up the deficiencies of small 
 benefices, called Queen Anne's bounty. 
 Tenure. I. Allodial tenure is not properly tenure at all, be- 
 ing absolute ownership, as distinct from (II.) Feudal tenure ; 
 where lands were held of some superior lotd by services or rent; 
 V. Feudum, Fee. Tenure differs, — 
 
 A. According to the nature of the service. 1. Frank tenure or 
 Freehold : by free services. This includes (a.) Knight-service, 
 (b.) socage, (c.) spiritual, service, (a.) Knight-service, mili- 
 tary tenure, tenure in chivalry, comprises knight-service 
 proper, where lands were held by the service of attending the 
 lord in war, furnishing armed men, horses, etc., or paying escti- 
 age in commutation therefor ; grand ser jeanty, a tenure of the 
 Crown, by performing some special or personal service, which 
 was not considered base because rendered to the King; and 
 cornage, a kind of grand serjeanty, by winding a horn at the 
 approach of the Scots or other enemies. All these tenures were 
 abolished by the 12 Car. II. c. 34. (b.) Socage, service of the 
 plough, comprising Free and common socage, by fixed, free 
 agricultural services ; usually rent, either in farm-produce or 
 money ; petty serjeanty, which was a socage tenure held of 
 the Crown, by some small annual rent or render ; burgage, a 
 socage tenure in old boroughs, affected by local customs. In 
 socage tenures the lands anciently descended to all the sons in 
 common, which custom persisted in Kent ; whence the Kentish 
 socage tenure is called Gavelkind, (c.) Spiritual service; 
 which included Frankalmoign and Divine service; v. Franh- 
 almoign. 2. Base tenure or ViUenage; which was either 
 pure or privileged according as the services, though base, were 
 certain or uncertain. This only survived in copyhold tenures ; 
 v. CopylMd, Cnstomary freehold. Ancient demesne. 
 
 B. According to the lord of whom the land is held ; as (a.) in ca- 
 pite, of the King, either ut de corona (as of the Crown) or wt de 
 honore, in virtue of some honor, dignity, or manor of which the 
 King was proprietor ; (b.) of a mesne lord, the origin of one 
 variety of base fee; (c.) of the lord of a manor, copyhold. 
 
 C. According to the duration of the interest ; v. Estate, Tenant. 
 Terce. In Scotch law, dower ; a widow's third. 
 
TERM — TIMBER 283 
 
 Term. 1. An estate for years. 2. A time given, a limit of time. 
 3. The sitting of a court. Term to attend the inheritance : 
 V. Attendant term. 
 
 Terminum qui praeteriit. v. Ad. 
 
 Terminus, /. A bound, limit. Terminus a quo : tlie date or point 
 of beginning ; terminus ad quern, the time or point of ending. 
 Terminus juris : the time of one or two years allowed in Eng- 
 lish ecclesiastical courts for appeals. 
 
 Terra, I., Terre./r. Land. Terra culta : tilled land ; frisca, un- 
 ploughed land. Terra testamentalis : devisable lands ; boc- 
 land. Terra vestita: sown land. Terre-tenant: a person 
 occupying land ; v. Use. Terras domiuicales, tenemeutales : 
 V. Manor. 
 
 Territorial courts, v. Court, 113. 
 
 Tertia, /. A third part, dower. 
 
 Tesmoyn,//. An attesting witness ; a witness. 
 
 Tesmoynage, tesmoynaunce,^. Testimony. 
 
 Testate. A person deceased leaving a will. Testator, testatrix : 
 the person whose will is in question. 
 
 Testatum, I. (Testified.) v. Capias. 
 
 Testis, teste, I. Witness. Teste meipso : witness myself. 
 
 Testimonia ponderanda sunt, non numeranda, /. Evidence 
 is "to be weighed, not measured (numbered). Testimonium: 
 testimony ; evidence ; attestation. 
 
 Theft-bote. The receiving of money or goods from a thief to 
 favor or aid him, or not to prosecute him. 
 
 Thegn. A chief lord, tenant in. capite. Thenningmannagemote, 
 Thegnmen's court : v. Court, 4. 
 
 TheUusson Act. The 39 & 40 Geo. III. c. 98, restricting ac- 
 cumulations to a term of twenty-one years from the testator's 
 death, v. Ferpetnity. 
 
 Theolonium, tholonium, /. Toll. 
 
 Thesaurus inventus, /. Treasure-trove. 
 
 Thirlage. So., a service or duty of multure. 
 
 Thrithing, sax. A riding ; a third part of a county. 
 
 Tiel, tieuls, etc., fr. Such. 
 
 Tiers, tierce,^. Third ; a third part. 
 
 Tignum, I. A beam of a house ; timber. 
 
 Timber. Large wood ; building wood; oak, ash, and elm. 
 
284 TIME — TORT 
 
 Time immemorial, Time out of memory. Before the reign of 
 Richard I., a. d. 1189. 
 
 Tipstaff. An officer of the K. B. having custody of prisoners. 
 
 Tithes. The tenth part of the yearly increase or profits, from lands, 
 stock, or personal industry, due the rector of a parish for his 
 maiutenanoe. Those from lands were praedial, those from stock 
 mixed, and the last personal. The great tithes were corn, 
 wood, hay, etc. ; the small tithes included all others. Some- 
 times the latter were called vicarage tithes, as payable to the 
 vicar, and the former parsonage tithes, as payable to fBe rec- 
 tor. Tithe rent-charge: the rent- charge estabUshed in lieu 
 of all tithes by the 6 & 7 Will. IV. c. 71. 
 
 Tithing. An old Saxon division of a hundred, usually a tenth ; and 
 composed of ten felaiees, borghs, frank-pledges, with their fami- 
 lies, who were mutually responsible for one another by 'Oa&frcirik- 
 pledge. . The tithing-man, or head-borow, was the chief; and 
 had somewhat the duties of a constable. 
 
 l^tulus est justa causa possidendi id quod nostrum est, I. 
 Title is the just cause of possessing what is ours. 
 
 Toftum, /., Toft. The site of a ruined or decayed house. 
 
 ToU. 1. A liberty to buy and sell within a manor. 2. A tribute 
 paid for passage. 3. A liberty to take such tribute, or to be 
 free therefrom. Toll thorough : toll (2.) over a highway or 
 bridge. Toll traverse : a toll (2.) for passing over land of a 
 private person. Toll turn: a^//(2.)oncattleretumingfrom a 
 market where they were not sold. 
 
 Toller,/?-,, ToUere, /., Toll. To Kft up ; take away; defeat. ToU 
 the entry : to remove the right of entry ; v. Descent cast. 
 
 ToIne,/r., Tolnetum, /. Toll. 
 
 Tolta, /., Tolt. An old writ or precept from the sheriff to remove 
 a cause from a court-baron to the county court. 
 
 Tonsura, I., Tonsure. The shaving of the crown of the head. 
 
 Tor, sax. A mount, hill. 
 
 Torcenouse,/-. Tortiously, tortious. 
 
 Torn. V. Tourn. 
 
 Torrale, /. A kiln ; a malthouse. 
 
 Tort,/-. Wrong ; legal wrong. A civil injury, for which an ac- 
 tion may be maintained. A name given to that class of actions 
 arising ex delicto. Tort-feasor : a wrong-doer, trespasser. 
 Tortious conveyance : v. Conveyance, Convey. 
 
TOT — TREASON 285 
 
 Tot A word written opposite an item in an account, indicating 
 that it was good ; when the item was said to be totted. 
 
 Tot,/r. T. Tout. 
 
 Tota curia, /. The whole court. Toto coelo: by the whole 
 heavens. Toto genere : in its whole nature. 
 
 Totidem verbis, I. In so many words. 
 
 Toties quotles, /. As often as ; as many times as it shall happen. 
 
 Tourn. Sheriff's turn ; v. Court, 33. The chief court-leet. 
 
 Toujours et uncore prist,/r. Now and always ready. Tout 
 temps prist : all the time ready. French names for the plea of 
 
 Tout un sound, yr. {Idem sonans.) The same in sound. 
 
 Tradas in ballium. v. Be odio et atia. 
 
 Traditio, I. Livery ; delivery. Traditio brevis manus : delivery 
 by mere consent, not by act. Traditio clavium: delivery of 
 the keys. Traditio loqui facit chartam : delivery makes the 
 deed speak [gives effect to it]. Traditio rei : delivery of the 
 thing. 
 
 Traditor, I. A traitor. 
 
 Traditur in ballium, /. He is delivered to bail. 
 
 Trahere, /., Trahir,/r. To draw. Trahens: the drawer of a 
 bill. 
 
 Trail-baston. (Draw-staff.) The name given to certain justices 
 with extraordinary powers, appointed by Edward I. during his 
 absence in the Scotch and French wars. 
 
 Transeat in exemplum, I. Let it pass into an example. Tran- 
 sit in rem judicatam : it becomes a matter adjudged. Tran- 
 sit terra cum onere : the land passes with the burden [the 
 incumbrance is transferred with the land]. 
 
 Transitus, Transitu, I. Tlie transit, conveyance, v. Stoppage. 
 
 Traverse. A plea in denial, closing with a tender of issue. It may 
 either be general, as denying the entire cause of action in gen- 
 eral terms {General issue), or specific, limited, as denying one 
 specified and particular, but essential fact. Special traverse : 
 a plea of traverse, with an inducement alleging new matter in 
 avoidance, and an absque hoc (without this) clause, traversing 
 specifically some point in the declaration. The special traverse 
 formerly concluded with a verification, v. Pleading. 
 
 Treason. In England, compassing or imagining the death of the 
 
286 TREASON — TRESPASS 
 
 King, Queen, or their eldest son or heir; -vdolating the King's 
 consort, eldest daughter unmarried, or heir's wife ; levying war 
 against the King, or adhering to his enemies ; counterfeiting his 
 seal or money ; slaying the chancellor, treasurer, or justices while 
 sitting in office. In America, levying war against the United 
 States ; or adhering to their enemies, giving them aid and com- 
 fort. Petit treason : in old English law, the killing of a mas- 
 ter by his servant, a husband by his wife, an ecclesiastical person 
 by his inferior ; or of any person by another, who owes him 
 faith and obedience. 
 
 Treasurer, Lord High. Formerly, the chief treasurer of England, 
 who had charge of the moneys in the Exchequer, the Chancellor 
 of the Exchequer being under him. He appointed all revenue 
 officers and escheators, and leased Crown lands. The office is 
 obsolete, and his duties are now performed by the Lords Com- 
 missioners of the Treasury. 
 
 Treble costs. The common costs, half of them, and half of the 
 latter ; i. e. the costs and three fourths added. 
 
 Trebucket. h. castigatory, cucking-stool ; -^ . Common scold. 
 
 Tres, I. Three. Tres faciunt collegium: three [may] make a 
 corporation. 
 
 Tres,/r. Very. 
 
 Tres,/r. Three ; third. Tresayle : a grandfather's grandfather. 
 V. Aiel, Besail. 
 
 Treaor trouvfe,/?-. Treasure-trove. 
 
 Trespass. 1. Any injury, misfeasance, or nonfeasance. 2. An in- 
 jury or misfeasance to person or property, made " with force and 
 arms " [force actual or implied in law], a breach of the King's 
 peace. 3. An unlawful entry on land of another. 4. The ac- 
 tion at law for any of these trespasses. This is either, A. vi 
 et armis, brought for trespasses 2 and 3, the old action on a 
 writ de cursu, issued by the clerks in Chancery according to 
 estabhshed form, depending in the King's courts on a fiction of 
 a breach of the King's peace, or contempt of royal authority 
 (v. Nisi feceris. Contra pacem), whereby the King's courts an- 
 ciently obtained jurisdiction, and consequently covering most 
 cases of direct or intentional wrong; or, B. on the case, 
 super casum, the action on special writs, adapted to special 
 cases (in casie consimili) by the clerks in Chancery under au- 
 
TKESPASSER — TEOVEEJ 287 
 
 tliority of the Statute of Westminster II., and covering most 
 cases of contract, or indirect or unintentional -wrong, negligence, 
 etc. Class A. is usually called Trespass' as distinct from B. 
 Case. Trespass de bonis asportatis, de uzore abducto, 
 per quod servitium amisit, per quod consortivim amisit, 
 quare olausum fregit : see those titles. 
 
 Trespasser ab initio. Trespasser from the beginning; a term 
 applied to a tort-feasor whose acts relate back so as to make a 
 previous act, at the time innocent, unlawful ; as if he enter peace- 
 ably, and subsequently commit a breach of the peace, his entry 
 is considered a trespass. 
 
 Trial. That part of an action which begins at the joinder of issue, 
 and ends at the judgment. Anciently, that part of an action 
 which began with the medial or proof judgment and ended with 
 the final judgment ; as trial by battel, ordeal, and the like. Now 
 used to mean that part of the action which takes place in court. 
 Trial at bar, nisi prius, by battel, ordeal, record, certificate, in' 
 ipection : see those titles. 
 
 Triare, I. To try. Triatio : trial. Triatio ibi semper debet 
 fieri ubi juratores mellorem possunt habere notitiam : 
 trial ought always to be had where the jury can have the best 
 information. 
 
 Triers, triors. Two indifferent persons selected by the court to try 
 a challenge of a juryman for favor. As soon as two good jury- 
 men are sworn, the function of the triers ceases, and the jury- 
 men take their place. 
 
 Trina admooitio, /. The third warning, v. Paine fort et dure. 
 
 Trinity term. Begins May 22, ends June 12. 
 
 Trinoda necessitas, /. (Threefold necessity.) The threefold 
 burden of repairing bridges, building castles, and service to re- 
 pel invasions, to which, by Saxon law, all lands were liable. 
 
 Triplication. In the civil law, ihs' surrejoinder. In the canon 
 law, the rejoinder. 
 
 Trithing. v. Thrithing. 
 
 Tronage. A toll for weighing wool. 
 
 Trover,/?-. To find. Trove: found. 
 
 Trover. An action on the case to recover the value of goods, brought 
 by a person having had possession against a person converting 
 them to his own use. 
 
288 TRUE — TYREELL 
 
 TruebUl. v. 5i«, I. 6. 
 
 Trust. A beneficial interest in land, or other property, the legal title 
 to ■which is in another, recognized and enforced by courts of equity. 
 The person having the title is the trustee ; the person having 
 the beneficial interest, the cestui que trust, or beneficiary. 
 Express trust is one created by the words of a deed or will, as 
 distinct from implied trust, one raised by operation of law. 
 Resulting trusts are implied trusts, which arise upon the de- 
 termination, or before the beginning, of a grant or express trust; 
 constructive trusts are implied trusts which arise by equitable 
 interpretation or extension of an express trust. Voluntary 
 trusts : trusts created for a volunteer, a person who takes as 
 a pure beneficiary, without consideration. Trust-deed : a kind 
 of mortgage given to a trustee to secure a numerous class of 
 creditors, with power to foreclose or seU if their bonds or notes 
 are unpaid; usually employed in large railway or corporation 
 mortgages, v. Hxecuted, Executory. 
 
 Trustee process. The attachment of the defendant's debts while 
 due from a third party, v. 'Attachment, Garnishmenl. A statu- 
 tory process in some States, resembling one kind of foreign at- 
 
 Tuer,/?-. To kill, slay. 
 
 Tulit, I. He brought, brought a writ. 
 
 Tumbrell A trehnchet, casiigatory. , 
 
 Tun, sax. A villa ; a rural house or town. 
 
 Tunc, /. Then. 
 
 Turbary. The right of digging turf. v. Common. 
 
 Turnus, I., Turn. Towrn. v. Court, 33. 
 
 Turpis, I. Base ; immoral ; illegal. Turpis causa : an illegal con- 
 sideration. Turpis contractus : an immoral contract. 
 
 Turris, I. A tower. The Tower of London. 
 
 Tutela, I. Guardianship. Tutor : a guardian. 
 
 Tutius erratur ex parte mitiori, I. It is safer to err on the 
 milder side. 
 
 Twyne's Case. The leading case on fraudulent conveyances, 
 3 Coke, 80. 
 
 Tyrrell's Case. Decided that you could not have a use upon a 
 use. Dyer, 155 o. 
 
UBERRIMA — XJLTEA 289 
 
 u. 
 
 Uberrima fides, /. The most perfect good faith ; required between 
 partners. 
 
 TTbi aliquid conceditur, conceditur et id sine quo res ipsa 
 esse non potest, I. Where anything is granted, that also is 
 granted without which the thing itself cannot exist. Ubi cies- 
 sat remedium ordinarium, ibi deourritur ad eztraor- 
 dinarium : where the usual remedy fails, recourse is had to 
 the unusual. Ubi eadem ratio ibi eadem jus : Hke reason 
 makes like law. Ubi jus ibi remedium (where there is a right 
 there is a remedy) : there is no wrong without a remedy. Ubi 
 major pars, ibitota: where the greater part is, there the 
 whole [the majority rules]. Ubi nullum matrimonium ibi 
 nulla dos: where there is no marriage, no dower. Ubi re- 
 vera : where, in point of fact. Ubi quis delinquit ibi pu- 
 nitur: a man shall he punished where he sins. Ubi verba 
 oonjuncta non sunt, sufficit alterutrum esse factum : 
 where words are not used in the conjunctive, it is enough if 
 either be done. 
 
 Ubicunque fuerimus in Anglia, /. Wheresoever we shall be in 
 England ; the style of the return of original writs in the K. B. 
 V. Court, 8. 
 
 Udal. Allodial. 
 
 Ulterius concilium, /. Further consideration. 
 
 Ultima voluntas testatoris est perimplenda secundum ve- 
 ram intentionem suam, I. The testator's last will is to be 
 carried out according to his real intention. Ultimum suppli- 
 cium: the extreme punishment, death. Ultimum tempus 
 pariendi : the extreme period of gestation. Ultimus hseres : 
 the last heir, to whom the escheat of an estate would fall ; usu- 
 ally the Crown. 
 
 Ultra, /. Beyond; above. Ultra fines memdati: beyond the 
 limits of the mandate, beyond his authority as agent. Ultra 
 mare: beyond the sea. Ultra petita: beyond things de- 
 manded, a term applied to a judgment or decree awarding more 
 than the plaintiff asked. Ultra valorem: beyond the value. 
 Ultra vires : beyond their powers ; the doctrine by which cor- 
 19 
 
290 ULTRA — UNQUES 
 
 porations cannot exceed the powers specially conferred by, or 
 reasonably implied froni) their charters. 
 
 TTm, un, om, on, fr. A man ; one ; any one. 
 
 Ua foitz,y/-. Once ; once upon a time. 
 
 Una cum, I. Together with. Una voce : with one voice. Una 
 cum omnibus aliis : together with all other things. 
 
 Uncore,/r. Still ; yet ; agaia. Uncore prist: v. Tout temps prist. 
 
 Unouth, sax. Unknown ; a guest on his first night ; AgenUne. 
 
 Unde, I. Whence; wherefrom; whereupon. Unde rectatus 
 est : whereof he is accused. Unde nihil habet : of which he 
 has nothing ; v. Bower. Unde petit judicium : whereof he 
 prays judgment. 
 
 Underlease. Where a lessee leases all the tenement for his entire 
 terra, it is properly an assignment ; if all the tenement for a 
 part of the term, it is an underlease; if part of the tenement, 
 it is a subletting. 
 
 Undique, I. On all sides ; from every quarter. 
 
 Unico contextu, /. In one transaction, in one connection. 
 
 Unilateral. One-sided, v. Contract. 
 
 Uniformity of Process Act. The 8 Will. IV. c. 39, establishing 
 one and the same process of beginniug actions in aU the courts 
 of law at Westminster. 
 
 United States Courts, v. Court, 102. 
 
 Unity. A similarity of estate among tenants of the same land ; as. 
 Unity of interest, where the estate of each is of the same durar 
 tion ; Unity of title, where acquired by the same title ; Unity 
 of time, when vested at the same period ; Unity of posses- 
 sion, where each tenant is seised equally of the whole, v. Joivi 
 tenants. Common, Coparcenary. 
 
 Universitas, I. A thing complete, in its entirety. A corporation 
 aggregate. Universitas bonorum: a man's entire estate. 
 So, Universum jus : the entire right or estate. 
 
 Universities Courts, v. Court, 65. 
 
 Unlawful assembly. A riotous assembly, an asseinbly of three 
 or more persons to do an unlawful act. v. Affray. 
 
 Uno absurdo dato, iniinita sequuntur, I. One absurdity given, 
 an infinite number follow. 
 
 Uno flatu, I. In one breath. 
 
 Unques, /r. Ever; always. Unquea prist: always ready; v. 
 Tout temps prist. 
 
UNUM— USQUE 291 
 
 XJnum quid, I. One thing, taken in a lump. TJnumquodque 
 eodem modo quo colligatum est dissolvitur : everything 
 is dissolved by the same means by which it is constructed. 
 
 TJre,/r. Eifect; practice. TJrer: to enure. 
 
 Usage. The custom of a locality or trade. 
 
 Usance. The customary time allowed, as between different conn- 
 tries, for the payment of a bill of exchange, after its date. 
 
 Use. Originally a beneficial estate, like a trust ; the terre-tenant 
 or feoffees to uses having the legal title, and the cestui que 
 use the beneficial interest. The Statute of Uses, 27 Hen. VIII. 
 0. 10, converted the use into the legal estate, and gave rise to 
 many new kinds of conveyances without livery of seisin. A use 
 upon a use, as if land be conveyed to A to the use of B to 
 the use of C, is not good, and B will have the legal estate ; 
 V. Tyrrell's Case. Uses are present {executed), which vest im- 
 mediately, or future {executory), which vest at some future time. 
 Executory uses may be either springing (primary), which are 
 to arise at some future time, there being no previous use ; or 
 shifting (secondary), which take effect in derogation of some 
 preceding use. A contingent use is one which may never take 
 effect. Uses are also express, by act of the parties ; or im- 
 plied ; which latter may be either resulting or constructive ; 
 V. Trust. Thus, an estate is granted by A (without considera- 
 tion) to B and his heirs to the use of C and his heirs on A's 
 death ; but if C die without issue at his death, then to the use 
 of D. Here B has the legal estate, A a resulting use, C a spring- 
 ing use, and D a shifting use, which is also contingent. A's use 
 is executed; all the others are executory. A constructive use : 
 one raised by the law in modification or extension of an express 
 use ; as if a superstitious use were diverted to a charitable use. 
 A charitable use : such a use as is authorized by the 43 Eliz. 
 c. 4, and other statutes, in spite of the mortmain acts and the rule 
 against perpetuities ; such as uses for the maintenance of schools, 
 hospitals, pubhc works, and other charities. 
 
 User. The actual enjoyment of property or a right. User de 
 action : the pursuing or bringing an action. 
 
 Usque ad, /. As far as. Usque ad medium Slum aquse, ooe- 
 lum, inferos : as far as the middle thread of the stream, the 
 heavens, the centre of the earth. 
 
292 USUCAPIO— UXOR 
 
 Usucapio, /. TJsucaption; the right of property in a thing or 
 corporeal hereditament acquired by long possession ; an acquisi- 
 tive prescription. 
 
 Usufruct. The right to the use or profits of a thing, nsually for 
 the life of the usufructuary. 
 
 Usura, I. Interest ; usury. Usura manifesta : open usury as 
 distinct from velata, veiled usury, or dry exchange, where the 
 interest was added to the principal of the bond given for the 
 loan. Usura maritima : maritime interest ; v. Fcemis rumtimm. 
 
 Usury. 1. Interest. 2. Unlawful interest. 
 
 Usus, /. Use. Usus bellici: warlike uses. Usus fori: the 
 practice of the court, of this jurisdiction. 
 
 Ut, I. That; as; so. Ut antiquum: as if ancient; y. Feudum. 
 Ut audivi t as I heard. Ut credo : as I believe. Ut cur- 
 rere solebat : as it used to run. Ut de feodo : as of fee. 
 Ut res magis valeat quam pereat : that the thing rather 
 stand than fall. Ut pcena ad paucos, metus ad omnes 
 perveniat : that the fear may reach all, but the penalty few. 
 Ut supra : as above. 
 
 Utas, I. The octave ; the eighth day after a feast. 
 
 Uterine. Of the same mother. 
 
 Utfangthefe. v. Outfangtiiefe. 
 
 Uti, I. As. Uti possidetis (as you possess) : a phrase indicating 
 that disputing parties or nations are to keep what they now have. 
 
 Utile per inutile non vitiatur, I. (The useful is not spoilt by 
 the useless.) Surplusage does not vitiate what is otherwise good 
 and valid. 
 
 Utitur jure auctoris,'/. He enjoys the rights of his assignor. 
 Utitur jure suo : he exercises his own rights. 
 
 Utlagatus, I., Utlagh, sax., Utlage,^. An outlaw. 
 
 Utland, sax. Outland ; the tenemental land without the demesne 
 of a manor. 
 
 Utrum, I. Whether, v. Assise. 
 
 Utter. To publish ; put in circulation. 
 
 Utter, sax. Outer. Utter barristers : the outer barristers, not 
 Queen's counsel or Serjeants ; without the bar. 
 
 Uxor, Ux', I. Wife. Uxor non est sui juris, sed sub potes- 
 tate viri, oni in vita contradicere non potest: a wife is 
 not capable at law, but under the protection of her husband, 
 whom she cannot contradict during his life. 
 
v. — VAIOANCE 293 
 
 V. For vide, I., see; aud versus, against. V. C: Vice-Chan- 
 cellor. V. R. : for Victoria regina, /. : Victoria, Queen. 
 
 Vacant. Empty, unclaimed. Vacant succession : where the 
 heirs are unknown, or have all renounced. 
 
 Vacantia bona, /. Goods unclaimed, without an owner; es- 
 cheated. T. Bona. 
 
 Vacare, I. To be vacant. Vacatur : it is vacated, annulled. 
 
 Vacaria, /. A piece of waste ground. 
 
 Vacoa, ;., Vache,/A A cow. Vacoaria : a dairy ; cow-house. 
 
 Vadari, I. To hold to bail, give bail. 
 
 Vades, I. Pledges ; sureties. 
 
 Vadia, I. Wages. 
 
 Vadiare, I. To wage; give security. Vadiare duellum: to 
 wage baiiel. Vadiare legem : to waffe law. Vadiatio legis ; 
 tcaffer of law. 
 
 Vadium, I. A pledge ; security, surety. Vadium mortuum : a 
 dead pledge, mortgage. Vadium vivum : a vifgage, a pledge 
 of property to hold until the profits or interests paid off the 
 debt 
 
 Vail' q' vail' purr',/r., Valeat quantum valere potest, /. Let 
 it avail [take effect] as far as it can. 
 
 Valentia, /., Vaillance,^. Value. 
 
 Valor maritagii, /. The value of the mmriage. 
 
 Valuable consideration. Money, goods, lands, services, or mar- 
 riage. V. Good consideration. 
 
 Valued policy, v. Policy. Value of the marriage : v. Mar- 
 riage. 
 
 Valvasour, fr., vavasor, I. 1. A vassal ; the chief vassal of a 
 tenant in chief. 2. An old dignity below the peerage. 
 
 Vana est ilia potentia quae nunquam venit in actum, I. 
 That power is useless which never comes into action. Vani 
 timores sunt aestimandi qui non cadunt in constantem 
 virum : those fears are to be deemed idle which do not affect 
 a man of nerve. 
 
 Variance. A discrepancy between the statement of the cause of 
 action in the writ, and that in the declaration ; or between a 
 
294 VARIAIfCE — VENUE 
 
 statement in a pleading and the evidence adduced in support 
 of it. 
 
 Vassal. The tenant of ^fief; a feudatory. 
 
 Vastum, Vastitas, ;. Waste. 
 
 Vaut,/?-. Is worth. Rien ne vaut : it is 'worth nothing. 
 
 Veotura, I. 'Ksxitims freight. 
 
 Veer, veier,/>-. To see. Ve : seen. 
 
 Veer,/r. Togo; refuse; forbid. Vee: refusal. 
 
 Vefue, Veif,^. Widow. Veffete, vefuage : widowhood. 
 
 Veigner,/r. To come, happen. 
 
 Veisin,/?-. Neighbor. 
 
 Ve jours, fr. Viewers, Ftsores. 
 
 Vel, I. Or; as; whether. 
 
 Venaria, I. Animals of the chase. Venatio : hunting. 
 
 Venditioni exponas, ;. (That you expose to sale.) A writ ju- 
 dicial commanding a sheriff to sell goods taken on execution. 
 
 Vendor's lien, Vendee's lien. v. Lien. 
 
 Vener, fr.. Venire, /. To come, appear. A name given the 
 precept or other process for collecting a jury. Venire facias 
 (that you cause to come) : a judicial writ directing the sheriff to 
 cause twelve good and lawful men to come before the court 
 for a jury. In England long since supplanted by a distringas 
 juratores. T. Nisi prim. Venire facias de novo : a writ to 
 summon another jury for a new trial; the motion or order for 
 a new trial. Venire facias ad respondendum : a writ to 
 summon to answer any crime under felony or treason ; the first 
 process in outlawry. 
 
 Venison,^^. Animals of the chase. 
 
 Venit et defendit vim et injuriam, /. He comes and defends 
 [denies] the force and injury. Venit et dicit : he comes and 
 says. 
 
 Vente,/r. Sale. 
 
 Venter, /. The belly, womb. Ventre .inspiciendo : v. Be. 
 
 Venue, visne,/r., Visnetum, vicinetum, /. (The neighborhood.) 
 
 1. The neighborhood whence the jury was to be summoned. 
 
 2. Hence, the place where the action arose or crime was com- 
 mitted. 3. The place or county where the action is tried. 4. In 
 pleading, the statement of the county on the margin of the dec- 
 laration. 
 
YERBA — VERUS 295 
 
 Verba, I. Words, language. Verba accipienda sunt, worda 
 are to be taken, secundum subjectam materiam, according 
 to the subject matter; ut sortientur eSectum, so that they 
 may take effect. Verba artis ex arte : technical words in 
 their technical sense. Verba chartarum fortius accipiuntur 
 contra proferentem : the words of a deed are taken the more 
 strongly against him who sets it up. Verba generalia, gen- 
 eral words, generaliter sunt intelligenda, are to be understood 
 generally; restringuntur ad habilitatem rei vel personam, 
 are limited according to the person or the capabilities of the 
 thing. Verba intentioni, et non e contra, debent inser- 
 vire : words ought to carry out the intention, and not run coun- 
 ter to it. Verba illata inesse videntur : words imported 
 [into an instrument] by a reference are deemed to be included 
 [in the instrument]. Verba ita sunt intelligenda: words 
 are to be so understood ; v. Ut res, etc. Verba relata, etc. ; 
 T. Ferba illata, etc. Verba precaria : precatory words, words 
 of j-equest or trust. 
 
 Verd. The privilege of cutting green wood in a. forest. 
 
 Verdefor. An officer of & forest. 
 
 Verdict. The formal and unanimous-answer of a petit jury given 
 in open court. General verdict: a verdict simply for the 
 plaintiff or defendant upon the issue, as distinct from a special 
 verdict, one finding particular facts. Sealed verdict : when 
 the jury have agreed during the absence of the court, they are 
 sometimes dismissed, after placing their written verdict in an 
 envelope and sealing it. 
 
 Veredictum, /. A verdict. Veredicto non obstante : not- 
 withstanding the verdict. 
 
 Verey, very, verray. True. 
 
 Verge, v. Pax regis. 
 
 Vergens ad inopiam, /. In declining circumstances. 
 
 Verification. The concluding part of a plea in confession and 
 avoidance. An averment. 
 
 Veritas nominis tollit errorem demonstrationis, I. Truth in 
 the name removes (obviates) error in the description. 
 
 Veia,fr., Versus, /. Against. 
 
 Vert. Anything that grows and bears a green leaf in i. forest ; cover. 
 
 Verus, /. True ; very. 
 
296 VEST— VIDUA 
 
 Vest To clothe with possession ; to deliver full possession. Vest- 
 ed use, legacy, or estate is when there is a fixed existing per- 
 son in whom the right resides. To vest in possession : when 
 an estate actually takes effect as a present interest. Vested re- 
 mainder : V. Remainder. Vesting order : a decree of Chan- 
 cery in trust cases vesting the legal title in the cestui gae trust, 
 
 V eater, fr., Vestire, I. To clothe; vest; invest; give seisin. 
 
 Vestimentum, vestura, I. Clothing ; investiture ; seisin. Ves- 
 turae terrse : the things grovring on the land. 
 
 Vetera statuta. The ancient statutes ; from Magna Charta to the 
 end of the reign of Edward II. 
 
 Vetitum namium, I. 1. A refused taking ; withholding of things 
 distrained. 2. Withernam. 
 
 Vezata qusestio, /. A doubtful question; vexed, unsettled. 
 
 Vey,/n Way. 
 
 Vi aut clam, I. Eorcibly or covertly, by force or fraud. Vi, 
 clam, aut precario : forcibly, secretly, or doubtfully. Vi et 
 armis : by force and arms ; v. Trespass. 
 
 Via, I. A way, road. Via alta : the highway. Via regia : the 
 King's highway. Via amicabili: in a friendly way. Via 
 trita via tuta : the beaten path is the safe path. 
 
 Viagium, I. A voyage ; journey. 
 
 Vic'. Eor Viceoomes, I. -. sheriff. 
 
 Vicar. The incumbent of an appropriated benefice, v. Sector, 
 Parson, Tithes. 
 
 Vice, I. In place of. Vioe-Chaneellor : there are three Vice- 
 Chancellors in England, each holding a court, from which an 
 appeal might be taken to the Chancellor ; v. Court, 17. Vice- 
 comes (viscount) : the sheriff. Viceoomes non misit breve: 
 the sheriff hath not sent the writ; v. Continuance. Vice 
 versa : in inverse manner, in the opposite order. 
 
 Vicinetum, /. Vicinage ; neighborhood ; venue. 
 
 VicontieL Of a sheriff, or sheriff's court. 
 
 Vicus, I. A village ; street. 
 
 Videlicet, I. (It is allowed to see.) To wit 
 
 Vidimus, /. (We have seen.) An exemplification in charters, like 
 
 Vidua I. A widow. Vidua regis (a king's widow) : the widow 
 of a tenant in. capite. 
 
VIE — VIS 297 
 
 « 
 
 Vie,fr. Life. Vief, vif : living, alive. 
 
 View. Inspection ; examination. 1. View of frankpledge : the 
 of&ce of a sheriff in seeing all the frankpledges of a hundred, and 
 that all youths above fourteen belonged to some tithing; a func- 
 tion of the Court-leet. 2. The Court-leet ; v. Court, 32, 33. 
 
 Vigilantibus non dormientibus jura subveniuut, /. Laws 
 aid the waking, not the sleeping. 
 
 Vigilia, I. A watch, watch. 
 
 Vigore cujua, I. By force whereof. 
 
 Viis et modis, /. (By ways and means.) A citation against an 
 absent defendant in admiralty practice, served by posting up in 
 certain specified public places, as the Royal Exchange, the Mar- 
 ket-cross at Edinburgh, etc. 
 
 Vill. A manor ; tithing ; town. 
 
 Villanus, /. A villein. Villanum servitium : villein service. 
 
 Villanous judgment One by which the defendant lost his law. 
 
 Villein. A feudal tenant of the lowest class; at first a simple 
 bondman ; afterwards holding land by base and uncertain ser- 
 vices. Villein socage: tenure in villeinage, but by certain 
 services; v. Tenure. Villein in gross: a bondman, annexed 
 to the lord's person, and freely transferable ; villein regsirdant, 
 a viUein annexed to the manor, transferable only with the land. 
 
 Villeinage, v. Villein, Tenure. 
 
 Vinculum, /. A chain ; a bond. Vinculo matrimonii : from 
 the marriage tie ; v. Divorce. 
 
 Vinum, I. Wine. Vinum adustum : brandy. 
 
 Violent presumption. A presumption of the truth of a fact 
 founded on circumstances which are necessarily followed by it 
 or attended with it. Violent profits : in Scotch law, double 
 the rent ; the extreme value of the land. 
 
 Vir, /. A man ; a husband. Vir et uzor censentur in lege una 
 persona : man and wife are deemed one person in law. 
 
 Virga, I. A rod; a staff; a yard. 
 
 Virga, virgata terree, I. A yard-land ; from twenty to forty acres. 
 
 Viripotens, I. Marriageable. 
 
 Virtus, /. Virtue; the substance, tenor, effect. Virtute cujus: 
 by virtue of which. Virtute ofBcii : by virtue of his office. 
 
 Vis, /. Force ; v. Vi. Vis armata i an armed force. Vis et 
 metus: force and fear. Vis divina: the act of God. Vis 
 
298 VIS— VOLUNTAS 
 
 fluminis : the force of the current. Vis impressa : the origi- 
 nal force, first impulse. Vis inermis : an unarmed force. 
 
 Vis laica: a lay force. Vis major: irresistible force. Vis 
 
 proxitna : the immediate force or impulse. 
 Visconte,/;-. Sheriff. 
 
 Visne, fr., Vicinetus, I. Neighborhood; vemte. 
 Visores, /. Viewers. Visus: yiew. Visus franci plegii: Fieto 
 
 of frankpledge J v. Court, 33. 
 Vita, I. Life. 
 Vitium, ;. Vice ; fault ; error. Vitium clerici, scriptoris : the 
 
 mistake of a clerk or scijbe. 
 Viva aqua, I. Living, running water. Viva voce (vive 
 
 voy 8, fr.) : by word of mouth. Vivum vadium : v. Vadium. 
 Vix, I. Scarcely; hardly; rarely. 
 Voc, /. Eor Voce. Under the name or title. 
 Vocabula artis, I. Technical terms. 
 Vocare, /. To call upon, vouch. Vocans : a voucher. Vocatf : 
 
 called. Vocatio : voucher, vouching. Vocatus : a vouchee. 
 "Vochex, fr. To vouch. Voche : a vouchee. 
 Vooiferatio, I. Outcry ; hue and cry. 
 Voco, I. I call; I summon; I vouch. 
 Voer, voir,yr. To see. 
 Void. Null. Voidable : that may be annulled at pleasure. Void 
 
 for remoteness : v. Perpetuity. 
 Voidance. Vacancy ; want of an incumbent for a benefice. 
 Voier, voir, fr. To see. Voire dire (to speak the truth) : a 
 
 name given to the preliminary oath of a witness, and examina- 
 tion as to his competency, interest, etc. 
 Volenti non fit injuria, /. (No injury is done to the willing.) 
 
 What a person assents to he cannot afterwards complain of as 
 
 an injury. 
 Volere, I. To wish, will. Volo: I will. Volimius: we will. 
 
 Voluit, sed non dixit : he wished, but did not express it. 
 
 Volentes : being willing. 
 Voluntarius daemon,/. A voluntary madman ; a drunkard. 
 Voluntary. Free; not compulsory; without consideration, v. 
 
 Trust ; not contentious ; intended, not permissive, v. Waste. 
 Voluntas, I. Will; design; purpose; last will. Voluntas do- 
 
 natoris in charta doni sui mauifeste ezpressa, obser- 
 
VOLUNTEER — WAIP 299 
 
 vetur: the- will of the grantor as openly expressed in the deed 
 of feoffment should be observed. Voluntas et propositum 
 distinguunt maleficia : the intent and purpose distinguish [the 
 different grades of] crimes. Voluntas reputatur pro facto: 
 the will is taken for the deed [in treason]. Voluntas testa- 
 toris est ambulatoria usque ad mortem : the will of the 
 testator is revocable until death. 
 
 Volunteer. A grantee or beneficiary in a voluntary conveyance ; 
 without consideration. 
 
 Vouch. To call ; to call to warranty, v. Avoucher, Recovery. To 
 caU upon a grantor or other warrantor to defend the title. 
 V. Ejectment. Vouchee : the one vouched. 
 
 Voucher. An account-book ; acquittance, receipt. 
 
 Vous avez cy,^. Tou have here. Vous voiez: you see. 
 
 Vox, /. Voice ; speech. Vox Dei : the voice of God. Vox 
 emissa volat, litera scripta manet : the spoken word flies, 
 the written letter remains. 
 
 Vs. For versus, I., against. 
 
 Vulgaris opinio, I. Common opinion. Vulgaris purgatio : 
 common purgation ; the ordeal, as differing from canonical pur- 
 gation by oath. 
 
 Vulgo concepti, I. FiliipopuU; bastards. 
 
 w. 
 
 Wacta, I. "Watch ; watch and ward. 
 
 ■Wadset, sc. A mortgage ; a pledge of lands. 
 
 Wage. To give security for. To wage battel : to give security 
 or pledges to try a cause by battel. To wage law : v. Wager 
 of late. 
 
 Wager of law. A method of trial by the oath of the defendant, 
 supported by the oaths of his neighbors, usually eleven, making 
 his own oath the t^^Qi{duoiecima manu). It was allowed in 
 debt and detinue, and caused the discontinuance of these actions. 
 V. Witness. 
 
 Wager-policy. A policy of assurance or insurance taken out by a 
 party having no insurable interest. 
 
 Waif. A thing stolen and thrown away by the thief in his flight. 
 
300 WAINABLE— WARRANT 
 
 Wainable. That may be tilled. 'Wainage : carts and implements 
 of husbandry. 
 
 Waive. To throw aside, as by a thief of goods stolen, in his 
 flight. To renounce, abandon. 
 
 ■Waiviaria, I. The ■waiving, outlawry of, a woman. 
 
 Wales. V. Court, 71. 
 
 Walla, walUa, I. A bank of earth; a wall, a sea-wall. 
 
 Wapentake. A division of the northeastern counties in England 
 answering to the hundred. A hundred court. 
 
 Waractum, I. Tallow ground, v. Warectare. 
 
 Warantia, /. Warranty. Warantizare : to warrant. Waran- 
 tus : a warrantor. 
 
 Ward. Guard; the service of guarding a castle; wardship; an 
 infant in guardianship. Ward-holding : the Scotch term for 
 military service. Ward-mote : a court in each ward in Lon- 
 don. Ward-vrit : immunity from service of ward. 
 
 Warda, I. Ward, wardship. An award. 
 
 Warden. A guardian, keeper. 
 
 Wards and liveries, v. Court, 45. 
 
 Wardship. In mihtary tenures, the right of the lord to have ens- 
 tody, as guardian, of the body and lands of the infant heir, 
 without any account of profits, until he was twenty-one, or she 
 sixteen. In socage, the guardian was accountable for profits; 
 and he was not the lord, but the nearest relative to whom the 
 inheritance could not descend, and the wardship ceased at four- 
 teen. In copyholds the lord was the guardian, but was perhaps 
 accountable for profits. 
 
 Warectare, /. To fallow ; to plough in the spring for fallow. 
 Wareotum : fallow ground. 
 
 Warenna, /. A warren. 
 
 Warentare, warentizare, /. To warrant. 
 
 Warrandice. Scotch, for warranty. 
 
 Warrant To defend, guarantee. In contracts, to engage the truth 
 of certain facts as an essential condition. In land, to bind one's 
 self by grant or collateral covenant that the title is good and the 
 grantee shall be undisturbed in his possession. 
 
 Warrant. A written document, writ, or precept conferring au- 
 thority ; an official precept, authorizing arrest, distress, or search, 
 issued under the seal of a justice or court. A warranty. 
 
WARUANTIA — WEALD 301 
 
 Warrantda, I. Warranty. Warrantia chartae, custodise, 
 diei: v. De. 
 
 Warranty. Anciently, the duty of a grantor and his heirs, im- 
 plied in the word dedi in the grant, to warrant and defend the 
 title and possession of the grantee, or give him other lands of 
 equal value. In modern times, an express covenant by the 
 grantor that he has good title, and for breach of which he is lia- 
 ble to the grantee in damages. Absolute, collateral, lineal 
 warranty : see those titles. Warranty deed : a deed contain- 
 ing a covenant of warranty. 
 
 Warren. A place privileged for the keeping of beasts of warren, 
 hares, conies, partridges, pheasants, etc. 
 
 Waste. Spoil or destruction done or permitted by the tenant to 
 houses, lands, or tenements. Voluntary or actual waste: 
 waste actually committed, as by cutting trees or pulling down 
 a house. Permissive or negligent -waste : by omission, as 
 by neglecting to repair. Equitable waste : v. Equitable. 
 Writ of waste : an old mixed action, which lay for him that 
 had the next estate of inheritance against the tenant for life, 
 years, in curtesy or dower, committing waste. By the Statute 
 of Marlberge and at common law the plaintiff recovered only 
 single damages ; but by the Statute of Gloucester he recovered 
 treble damages and the land or tenement wasted ; and by West- 
 minster II. the remedy was given to one tenant in common 
 against another. This action long since gave place to the action 
 on the case for waste, and the bUl in equity to restrain waste. 
 V. Estrepement. Waste in the tenet was when the particular 
 estate still existed, and the writ was brought both for dam- 
 ages and the estate itself ; in the tenuit, when the particular 
 estate had determined and the writ was brought to recover dam- 
 ages for past waste.' Lord's waste : v. Manor. 
 
 Water ordeal, v. Ordeal. 
 
 Way. The right of a man and his heirs, or of the owner of a cer- 
 tain estate, or of a certain class of individuals, to pass through 
 another man's land ; an incorporeal hereditament, a kind of 
 easement. 
 
 Waygoing crop. The crop sovm by a tenant whose term ends 
 before it is harvested, v. Embletnent. 
 
 Weald, sax. A wood, woody country. 
 
302 WEAE — WINCHESTER 
 
 Wear, weir. A place in a river for taking fish, made by dams ; a 
 fisliway. 
 
 Welsh mortgage. An old mortuum vadium, where land was con- 
 veyed to the creditor, redeemable at any time on payment of 
 the principal debt ; the mesne profits going for the interest, like 
 the antiehresis. 
 
 Were, sax. A price ; a fine for homicide paid the kin. v. ^sti- 
 matio capitis. Weregild : payment of the were, blood-money. 
 
 Westminster. The seat of the superior courts, v. Nisi prim. 
 Westminster I. : a statute in 3 Edw. I. (1375), containing 
 many provisions concerning purgation of clerks, felons, paine 
 forte et dure, marriage of wards, prescription, in writs, vouching 
 to warranty, etc. Westminster II.: the 13 Edw. I. c. 1 
 (1285), containing the statute de Bonis, matters conoeming 
 formedon, second deliverance, cui in vita, advowsons usurped, 
 vouching to warranty, mesne, waste, fieri facias, elegit, etc. 
 Westminster HI.: the 18 Edw. I. (1290), the statute of 
 Quia emptores, concerning alienations, mortmain, etc. 
 
 White rents. Rents payable in silver, money. 
 
 Whole blood. Kinship by descent from the same pair of ances- 
 tors. V. Half-blood, Possessiofratris. 
 
 Wic, wyk, sax. A house, castle, town. 
 
 Widow's chamber. The apparel and furniture of a widow's bed- 
 chamber, to which she was entitled by a London custom. Wid- 
 ow's quarantine : the period of forty days from the death of a 
 man seised of land, during which the widow might remain in his 
 chief mansion without paying rent, and during which her dower 
 was to be assigned. Widow's terce: in Scotland, the right 
 of a widow to a third part of her husband's rents. 
 
 Wife's equity, v. Equity. 
 
 Wild's Case. The Rule in Wildes Case: if* A devises land to B 
 and to his children or issue, and B hath no issue at the time of 
 the devise, it is an estate taU ; but if he has issue at the time, B 
 and his children.take joint estates for life. 6 Cohe, 16 b. 
 
 Wills, Statute of. The 32 Hen. VIII. c. 1 (1540), by which per- 
 sons seised in socage could devise all their lands except to bodies 
 corporate ; and persons seised in chivalry, two thirds. 
 
 Winchester, Winton, Statute of. The 13 Edw. I. s. 2 (1285), 
 providing for duties of constables, watch and ward, etc. 
 
WISBUY — WOOLSACK 303 
 
 Wisbuy, laws of. A code of maritime law compiled in tlie four- 
 teenth century at Wisbuy in Gothland, Sweden. 
 
 Wite, sax. A penalty; payment, amerciament; or immunity 
 therefrom. 
 
 Witenagemote. (The assembly of wise men.) The Saxon national 
 council or Parliament, v. Court, 1. 
 
 ■Withdrawing a juror. A method of suspending an action by 
 consent, and sharing the costs. Withdrawing a record : a 
 method of suspending an action by withdrawing the nisi prius 
 record, revoking the entry by the plaintiff. 
 
 Withernam, sax., Withernamium, I. (Other taking.) A taking 
 in reprisal ; as when a distress has been made and the goods 
 eloigned so that they caimot be replevied, the plaintiff may have 
 a writ to take other goods in withernam, v. Capias, 5, Replevin. 
 
 Without day. Without adjournment or continuance; to go 
 without day, to be iinally dismissed the court. Without 
 impeachment of waste: without liability for waste other 
 than equitable. Without recourse: an assignment without 
 assuming the liability of an indorser ; v. Indorsement. With- 
 out this, that : words introducing the negative part of a special 
 traverse. 
 
 Witness. A person called before a court to give evidence. Party- 
 witness : a term Applied to old methods of trying an issue by 
 witnesses produced by the parties ; as the plaintiff's secta, the 
 witnesses de visu et auditu or de vicineto, and compurgators. 
 The witnesses de visu et auditu (of sight and hearing) spoke 
 to the fact itself, were transaction witnesses, the origin of the 
 modern jury ; the secta and the defendant's compurgators 
 spoke to the plaintiff's or defendant's credibility only. In ec- 
 clesiastical causes the compurgators varied in number, and an- 
 ciently might always be used instead of the other forms of trial. 
 V. Purgation, Compurgatores, Wager of law. 
 
 Wold, sax. A down ; a hiUy tract without trees. 
 
 Wolfshead. An outlaw, caput lupinwm. 
 
 Woodgeld. Money paid for taking wood from ^forest. 
 
 Woodmote. The court of attachments, ox forty-days court, s, forest 
 court. V. Court, 74, 75. 
 
 Woolsack. The seat of the Lord Chancellor in the House of 
 Lords. 
 
304 WORTH — WTNTON 
 
 Worth, •v7eorth, sax. A country-house or farm. 
 
 Wreck. Goods cast ashore from a wreck under such circumstances 
 as to be forfeit to the Crown or State. 
 
 Writ. Originally, the written command of the King, or some mem- 
 ber of his household, introduced into England from Normandy. 
 Later, the written command or precept of any court or officer. 
 V. Breve, Action, Bill of Middlesex, Trespass. PrerogatiTe 
 ^vrit : a special writ issued by the royal authority or prerogative, 
 as matter of favor ; as distinct from the writs de cursu, writs 
 of course, issued by the Crown or court, or person authorized 
 by the Crown, as matter of right. The writs de cursu were at 
 first vague in form, but by the time of Glanvill had assumed 
 definite shape ; they were formed Tvrits, called later original 
 ■writs, and by promulgation in the year 1258 no new writs could 
 be issued. By the Stat. Westminster II. c. 24, it was enacted 
 that new writs should be issued in similar cases (v. Case, Action on 
 the case), whence these flatter were termed writs on the case, 
 as distinct from the original writs. Both the original writs, or 
 writs de cursu, and writs on the case were original writs, as dis- 
 tinct from judicial writs; that is, they issued from Chancery under 
 the seal of the King, as the fountain of justice, at the beginning 
 of actions ; judicial writs issues from a court, and include aU 
 writs issuing after the beginning of the action (v. Bill, Process). 
 Close writs, clause writs, are sealed writs ; grants of the 
 King, sealed with his great seal, but directed to some particular 
 person for particular purposes ; not letters patent. Writ of in- 
 quiry: a proceeding by which the sheriff inquires by a jury 
 into the amount of damages, after judgment by default. For 
 other writs, see their respective titles. 
 
 Writer to the Signet Anciently, clerks in the office of the Scotch 
 Secretary of State, who prepared writs passing the King's signet, 
 and various other processes; they are also attorneys or solicitors, 
 and privileged to conduct causes in the Court of Session. 
 
 Wynton. v. Winchester. 
 
Y.— YORK 305 
 
 "^tfr. There. Y est : there is. 
 
 Yalemaines./r. At least, however. 
 
 Toel, yceux,/?-. It ; them. 
 
 Yard-land. Virgata terra. 
 
 Year books. The oldest English reports; from Edward II. to 
 Henry VIII. 
 
 Year, day, and waste. A privilege of the Crown to have the 
 lands of a person attainted for felony or petty treason for a year 
 and a day, with the privilege of conunitting waste, before re- 
 storing them to the lord of the fee. 
 
 Year to year, from. v. Estate. Years : v. Estate. 
 
 Yeoman. A freeholder tinder the rank of gentleman, who had 
 land to the value of 40 s. a year, and was thus a good and lawful 
 man. 
 
 Ygven, yeoven. Given ; dated. 
 
 York. A Yorkshire custom of dividing the goods of an intestate 
 among the widow, children, and administrator in equal thirds. 
 
 THE END. 
 
 University Press : John Wilson & Son, Cambridge.