A New Law Dictionary and Glossary

In old English law. Such services as were only fit for peasants, or persons of a servile rank; as to plough the lord's land, to make his hedges, to carry out his dung, or other mea

[Gr. (Jaai Xe,)^.] King, A title frequently given to the kmg in E:,ngland, in charters before the conquest. In imitation of that assumed by the emperors of the east and west. 1 BL

Lat. [horn Qr. Paai Uxa, royal, or ^aadiog, Basil.] A compilation of Roman and Greek law, in the Greek language, made during the latter part of the ninth and the beginning of the t

Bassa, Basso. L. Lat. In old English law. Low. Bassa haia; a low hed^e. Reg. Orig. 257 b. Bealto et basso; of high and low. A term applied to the absolute submission of all differe

[L. Lat. bastardus, from Brit, bastard, illegitimate; or according to Spelman from Germ, bastart, which he derives from bas, low, and metaphorically, spurious, impure, base; and st

Fr. Basterdelder, or eldest. By the old common law, where a man had a bastard son, and afterwards married the mother, and by her had a legitimate son, the first or elder child, was

Lat. [from bastardus, q. v.] The plea or objection of illegitimacy. Bract, fol. 405, 416, c. 19.

[L. Lat. basiardia.] A defect of birth, objected to one begotten out of wedlock. Bract, fol. 405, 416. This term is applied in the old books to pleas of illegitimacy, to suits for

Fr. In old English law. A staff or club, a baton. The wardens of the Fleet were so called from the painted staves by which they were distinguished. Spelman. Termes de la ley. Cowel

Fr. In old English law. Battel; the trial by combat or duellum. La perilouse aventure de batailles; the perilous chance of the combat. Britt. c, 26. Venhi par batai Ue. Id. ibid.

Lat. In old law. To handle or brandish weapons; to strike (percutere); to fight, (prceliari). Spelman.

Battail. [Fr. bataille; L. Lat. duellum, batalium.Ji In old English law. Duel, or single combat. A species of trial or judicial combat, introduced into England, among other Norman

Lat. [dimm. of batus, a boat, q. v.] In old law. A little boat; a boat or skiff. Spelman. Bract, fol. 122. BABMOi:, Ba Ojiibs. Gr. [Lsit. gradus.] In the civil law. A degree of kin

Lat. [from Sax. batte, a club.] In old European law. To beat or strike, (verberare, percutere); properly to beat with a club or stick, (fustigare). Linum battere; to beat flax. Cap

[L. Lat. batteria, from battere, (q. v.) Lat. verberatio, pulsatio.] The unlawful beating of another. 3 Bl. Com. 120. Any unlawful touching of the person of another, either by the

Fr. In American law. A bottom of sand, &c., rising towards, or above the surface of a river; a species of alluvion. 18 Louisiana B. 122. This term is peculiar.to the civil law of L

Lat. [from Sax. bat, a boat.] In old English law. A boat. CowelL Totms. PI. 66.

Fr. In old English law. To deliver; to lend. Litt. sect. 71. See Bailler.

Brigbote. Sax. [from brug, or brig, a bridge, and bote, reparation.] In old English law. A tribute or contribution towards the repairing of bridges. Quietum esse a brugbote; to be

[L. Lat. beconapium, from Sax. beacon, a signal.] In old Enghsh law. Money paid towards the maintenance of a beacon, or watchfire. Spelnian^ voc. Beconoffium. CowelL

Bedel, [from Sax. beodan, to bid.] In English ecclesiastical law. An officer attached to a church, [or parish,] who is chosen by the vestry, and whose business is to attend the ves

In old English law. Persons who bore down, or oppressed others. Cowell. Classed by stat. 4 Udw. III. c. 1 1, with mmntainers.

In Suffolk, England, imports land and common for one beast. 2 Stra. 1084. Roscoe Real Act. 485.

[Lat./er^ campestres.] In English law. The buck, doe, fox, martin and roe. Manwood, part 2, c. 4, n. 2. Co. Litt. 233 a. In a common and legal sense, the term extends to all beasts

[Lat. ferae sylvestres.] In English law. The hart, hind, hare, boar and wolf. Manwood, part 2, c. 4, n. 1. Co. Litt. 233 a. Legally, the term includes all wild beasts of venery. Id

[Lat. ferae warrenae.] In English law. The hare, coney [and roe.] Manwood, part 2, c. 4, n. 3. Co. Litt. 233 a.

A celebrated French law writer, nearly or quite contemporary with the English Bracton, whose work, entitled Coustumes de Beauvoi-sis, contains the whole body of the law and practic

Beavpleder, Bewpleader. [Fr. beauplaider; L. Lat. depulchre placitando; from beau, pulcker, fair, and plaider, placitare, to plead.] In old practice. Fair pleading; apt or correct

Bedell, Beadle, [L. Lat. bedellu Sy Sax. hydel, from bydde, [or beodani] to bid, publish or declare; or, according to Spelman, to ask, beg, pray.] In English law.. A crier, (prteco

[Fr. bedelarie; L. Lat. bedelaria.] In old English law. The district of a bedel; the same as bailiwick is the district of a bailiff. Cowell. Litt. sect. 379.

Lat. A beadle. Spelman, A hayward. Towns, PI. 35.

[L. Lat. bedrepium, precaria; from Sax. bydde, to entreat, or pray, and repe, to reap corn.] In old English law. A service which some tenants were bound to perform; as to reap thei

In practice. Ordinary words in the jurats of affidavits. Held, in a late case in the English Court of Queen's Bench, to be essentisd. 6 Ad. d; El. N. S. 528. See Jurat,

Bilagines. L. Lat. [from Goth, by, a town, and lagen, law.] Municipal laws of the Goths. Jomandes de reb. Get. c. 11. Spelman. See Bilagines, By Laws.

Lat. War. Jus belli; the law of war. Belle parta cedant relpablicM. Things acquired in war belong, or go to the State. 1 Kent's Com. 101. Sir W. Scott, (The Elsebe,) 6 Bob, Adm. R,

[L. Lat. bancus; L. Fr. banke, Aon^iie.] A seat of judgment^ or tribunal for the administration of justice; the seat occupied by judges in courts. The judges themselves, as occupyi

The principal officers of the English Inns of court. 1 Steph, Com. 20. 3 Co. pref. xviii. 4 Beeves' Hist. Eng, Law, 433. Holthouse. See Inn^ of Court.

In criminal law. A warrant issued by or from a bench, or court. A process for the arrest of a party against whom an indictment has been found. 1 Chilt. Crim. Law. 339. 4 Steph. Com

[L. Lat. beneficium.] In English ecclesiastical law. An ecclesiastical living or church preferment, called in Magna Charta, (c. 14), beneficium eccle^iasticum. In its technical sen

[from Lat. beneficium, benefit.] Of benefit or advantage; producing or attended with profit or advantage; having or enjoying a benefit or profit. A term applied both to estates and

A word suggested by Mr. Justice Story, as proper to be substituted in place of the old established phrase cestui que trust, which he terms "an awkward, barbarous, foreign idiom." 1

Lat. In early feudal law. A benefice; a permanent stipendiary estate; the same with what was afterwards called ^ fief, feud, or fee (qq. v.) 3 Steph. Com. 11, note (t). Spelman. A

Lat. In the civil law. A benefit or favor; any particular privilege. Dig. 1. 4. 3. Cod. 1.11. I Mackeld. Civ. Law, 182, § 189. Used in the same sense in English law, as in the old

otherwise called CLERGY. TL. Lat. beneficium, or privilegium clericale!] In English criminal law. The clerical privilege; the privilege of the clergy; a clerk's privilege* An exemp

Lat. Good pleasure. Ipsius patris beneplacito; by the pleasure or good will of his father himself. 1 BL Com. 361. See Durante beneplacito,

Benereth. In old English law. A service which a tenant rendered to his lord, with his plough and cart. Lamb. Itin. 212. Co. Litt. 86. Cowell.

In old European law. An extraordinary aid granted by freemen to their sovereign, as a voluntary gratuity. Stwos Annals f^(i\. \ Robertson's Charles V.y Appendix, note xxxviii. The

Lat. [from benignus, q. v.] Liberally, favorably, benignly. Benignae faciendae sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat. Constructions

Lat. Kind, favorable, liberal, benign; as opposed to strict, harsh or narrow. Ez benigna interpretations; by a liberal interpretation. Bract, fol. 95. Benignior; more favorable. Be

To give personal property by will. Where personal property is intended to be given by will, the proper words to be em^oyed are " I give and bequeath," Ac. Where real property is to

^A gift of personal property by will; a gift of a legacy. See Legacy ^ Devise.

Berceria, Berqueria. L. Lat. [from Fr. berger, a shepherd.] In old English law. A berchery; a sheepfold, sheep-cote or pen. Cowell. Blount. Co. Litt. 5 b.

Berewicha, Berewichus, Berewita, Bermta. L. Lat. [from Sax. berie, a manor, and wic, a village; or {berewita) from her, low, and wite, fine.] In old English law. A manor, or rather

Barmaster, Barmer. [from Sax. berg, a mountain.] An officer having charge of a mine. A bailiff, or chief officer among the Derbyshire miners, who, in addition to his other duties,

Bergmoth. [from Sax. berg, a hill, and mote, an assembly.] In old English law. A court for deciding controversies among the Derbyshire miners. Blount. Cowell.

Lat. [Sax. berg, berig, beorg, burg.] In old law. A city, town, burg or borough. Berg, Sax. is properly a mountain. Spelman.

Berra, Buria. L. Lat. [In English names, Berie, Berg and Bury.l In old English law. A city, burgh, habitation, or manor, (from Sax. bgr, and bur, a dwelling.) Spelman. A pkin adjoi

Sax. [from 6yman, to bum: Lat. incendium.'] In Saxon law. Burning; the crime of house burning, now called arson, Cowell, Blount.

Lat. In old English law. A sheepfold. Domesday. Spelman, voc. Barcarium. A tan house. Co. Litt. 5 b.

Lat. In old law. A plain; open heath. Cowell. Berras assartare; to grub up barren heaths. Id. See Beria.

[L. Lat. bertana.] In English law. That part of a great country farm where the barns, stables, and other inferior offices stand, and wherein cattle are foddered, and other country

Lat. In old English law. A manor, or part of a manor; a village appurtenant to a manor. Cowell. Spelman, voc. Berewica.

(pi. BESSES.) Lat. In the Roman law. A division of the of, or pound, consisting of eight uncue, or duodecimal parts, and amounting to two-thirds of the CM. 2 Bl. Com. 462, note (m)

Fr. A great grandfather. Besaele; a great grandmother. Britt. c. 89. Besael, ael, piere, fitz; great grandfather, grandfather, father, son. Id. ibid. Besaele, a^le, mere, file; gre

Besaiel, Besayle. L. Fr. [from besael, besayeul, a great grandfather.] In old English law. A writ (L. Lat. breve de proavo^ which lay where a great grandfather died seised of lands

[L. Lat. desponsatio.] A mutual promise, or compact between two parties, by which they bind themselves to marry. The word imports giving one's troth, i. e. true faith, or promise.

A term applied in English equity jurisprudence to the equity of a second incumbrancer taking a security which a prior incumbrancer did not; where the security was of a nature to pr

In American law. Beneficial improvements made upon lands by the occupant or possessor, in building, fencing, draining, &c. Encyclop. Amer. 2 Kent! 9 Com. 334, et seq. This word is

This word, in the boundaries of lands in deeds, excludes the termini named. 2 Hillimrd's Real Prop. 349.

(Lat. extra, or trans mare;) BEYOND THE SEAS, (extra maria;) BEYOND THE FOUR SEAS, (extra quatuor maria.) Words of frequent occurrence in English statutes, treatises and reports; o

Blllog, Graecobarb. A bill. Spelman, voc. Billa, Meursius doubts if this be not a corruption of the Gr. pl^log, a book. But Spelman makes it to be a word framed from the Sax. bille

Germ. [Butch, bylbrkf; Danish, bilbrev.] In European maritime law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the

Fr. and L. Fr. Well, advisable. Fait bien a prendre garde; it is well [done] to take care. Britt. c. 80. Paroles del bien estre; words of well being; words of form; words not stric

Lat. [from bis, twice, and annus, a year.] In old English law. The space of two years. See Cessavit per biennium.

Fr. [Lat. bona.l Goods. At common law, this term includes all chattels, as well real as personal. Co. Litt. 118 b. In the sense of the civilians and continental jurists, it compreh

Lat. [from bis, twice, and Gr. gamos, marriage.] Bigamy. See Bigamy.

Lat. [See Bigamia.] In old English law. One who has been twice married, or has married more than one wife; a bigamist. Applied originally, in the canon law, to clerks or ecclesiast

[L. Lat. bigamia, from bis, twice, and Gr. y&fiog, marriage.] In criminal law. The crime of marrying a second time during the life of the first wife or husband; or of having more w

JBellagines, Bilaga. L. Lat. [from by, Sax. a dwelling, Goth, a town, and lagen^ laws.] In old law. The laws of towns; laws made by the inhabitants of towns for their own governmen

Bilancia. L. Lat. In old English law. A balance. Pryn, Rec. 196. Towns. Pl. 169. Bilances; scales for weighing. Reg. Orig. 279 b. De bilanciis deferendis (breve); a writ for carryi

A word essentially English, used by Britton in the sense of collateral. JSn line biline; m the collateral line. Britt, c. 119. BILINGUI8. Lat. [from bis, twice, and lingiut, a tong

[L. Lat. billa; Sax. bUU; Graecobarb. fi Moc.'\ A formal statement <Mr declaration of a thing in writing. This seems to be the radical meaning of the term, as the following definit

or ORIGINAL BILL. In old English practice. The ancient and most usual mode of commencing actions in the English Court of King's Bench. It was otherwise called a plaint, and was a w

Lat. A bill. Spelman, See Bill.

or QUOD BILLA

Billetus, L. Lat. In old English law. A bill or petition exhibited in parliament. Cowell,

Fr. In French law. A billet or bill of exchange. Pothier distinguishes this from a proper bill of exchange, {lettre de cliange,) The billet de change, he says, is when the party wi

Lat. In old English law and practice. A billet, bill or memorandum of the delivery of a writ, which the statute of Westminster 2, (c. 39,) allowed parties to require of the sheriff

or CHANCERY. In equity pleading. A complaint in writing, under oath, in the nature and style of a petition, addressed to the Chancellor, or judge or judges of a court of equity, se

In constitutional law. Promissory notes or bills issued by a state government, exclusively on the credit of the state, and intended to circulate through the community for its ordin

In practice. A formal statement in writing, of exceptions taken to the opinion, decision or direction of a judge delivered during the trial of a cause; setting forth the proceeding

[L. Lat. Ulla escambii, litera camhii, litera cambitoria; Fr. billet de change, lettre de change,!^ A written order or request by one person to another, for the payment of money ab

In criminal law. A written accusation of one or more persons, of some crime or misdemeanor, preferred to, and presented upon oath by a grand jury. If the jur}% on examination, find

In old practice. A form of civil process, peculiar to the English court of King's Bench, and by which personal actions m that court were formerly commenced. It was originally alway

In old English practice. A kind of process which formerly was the established method of proceeding against attornies and officers of courts. 3 Bl. Com. 289. 2 Arch. Fr. 118, 119. I

In constitutional law. A formal and public declaration or assertion, in writing, of popular rights and liberties, usually expressed in the form of a statute, and promulgated on occ

In conveyancing. A deed or writing under seal, evidencing the sale of personal property, and conveying the title to it.* An assignment, in writing, of chattels personal. 2 Steph. C

In English law. A kind of license, granted at the customhouse to merchants, to carry such stores and provisions as are necessary for their voyage, custom free. Cowell.

In English law. A license granted at the customhouse to a merchant, to suffer him to trade from one English port to another, without paying custom. Cowell.

and PENAL. A written engagement under seal for the payment of money, either on demand, or at a future day, formerly in common use; the penal bill being framed with a penalty, and t