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Exilium

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. [L. Fr. exil, eay/.] In old English law. Exile or banishment; a driving out, or sending away of persons. A species of waste, anciently classed with vastum, (waste proper,) destructio, (destruction,) and venditio, (sale,) but distinguished from these by having reference to persons {homines) only. It was a species of injury done to an estate, by setting free the bondmen (servi) or bond-tenants, or by wrongfully ejecting them. Fleta, lib.

1, o. 1 1.

Stat. Marlbrldge, c.

24.

Bracton describes it as an aggravated kind of waste done to the injury and disfigurement of the chief messuage and the court or grounds about it, (ad magnam deformitatem curia et capitalis messuagii,) as by pulling down and selling the buildings so as to compel the occupants to leave, (ut si inhabita tores man" sionem habuerint derelictum,) or by cutting down and rooting up trees and orchards. Bract, fol.

316 b. 1 Beeves' Hist. Eng. Law, 386.