De Malo Veniendl

Lat. [L. Fr. de mal de venue.'] Of infirmity or misfortune in coming. A species of essoin or excuse for non-appearance in court, formerly allowed a defendant in England, and more anciently called the essoin de infirmitate veniendi; the excuse being that while on the way {in veniendo, or in itinere,) from his house to the court, such an infirmity befell him, {talis infirmitas ei devenit, or ita injlrmatus fuerit,) that he could not attend. Bract, fol. 337, 338. Britt. c. 122, 123, 126. 1 Reeves' Hist. 115, 406. According to Spelman, (who gives it also the name of malum vice,) it lay where the party either could not attend on account of actual impossibility, or dared riot on account of apprehended danger, or could not reach court in season on account of the length of the journey. Spelman, voc. Essoniare. It was called the common essoin. Id. Bract. fol. 337, 337 b. See Malum vice. DE MALO VILL^. L. Lat. Of i Uness in a town. A species of essoin, where a party had appeared in court, but was afterwards, before any answer to the suit, taken ill in the town where the court sat, and was unable to attend. Bract, fol. 863 b. 1 Reeves' Hist. 417. This is not mentioned by Spelman, and Bracton calls it anomalous. Bract, ub, sup. t)E MANUCAPTIONE, ^reve. L.Lat. Writ of manucap UoQ, or mainprise. A writ which lay for one who, being taken and imprisoned on a charge of felony, had offered bail, which had been refused; requiring the sheriff to discharge him on his finding sufficient mainpernors or bail Reg, Ong. 268 b. F. N. B, 249 G.