Student's Law - Dictionary; Compleat ENGLISH Law-Expofitor; Containing An Explanation of every particular Word and Term used in the Law, with an Introduction to the Knowledge of the Law itself, and the prefent Practice thereof; Compiled for the Inftruction and Benefit of Students, Practitioners in the Law, Juftices of the Peace, the Clergy and other Gentlemen. The Whole collected from the beft Dictionaries, and other Authorities hitherto publifhed. Whereto is added An Alphabetical Table of the most usual Latin Contractions that are to be found in our ancient Records, &c. Originally compiled by an Attorney at Law, and fince carefully revised and corrected by a BAR RISTER. In the SAVOY: Printed by E. and R. NUTT, and R. GOSLING, (Affigns of Edward Sayer, Efq;) for James Hodges at the Looking-Glafs on London-Bridge. MDCCXL. (In the Prefs and speedily will be pub- Lifh'd) The prefent Practice of the Court of By an ATTORNEY at Law. THE PREFACE. To the O those who are unacquainted with the ancient Writers of the Law, an Alphabetical Dictionary must needs be ufeful to explain the Acceptation and different Uses of the Terms, as alfo their Etymology, whether French, Saxon or Latin of the lower Ages; but without much Nicety of Definition, or tedious Quotations from all the Law Reports. WE know, the Old Terms of the Law compiled by J. Raftall in 1527. was esteemed of fome Authority before it came to be en enlarged*: Nor have the late Additions mended it in that Respect; fo that confi dering the enormous Bulk and Price of our Law Dictionaries, we hope it may be thought proper to root up all the Weeds, and to preferve what is fitteft for the Common Ufe of Students. AS the Records in Latin will be yet of ufe for Confultation, though in Practice they are laid afide, we have made a Table of the chief Contractions that are found in our ancient Writings. Vide a MS. Difcourfe of Sir Nic. Bacon on the Succeffion of the Crown, temp. Eliz. Tit. Cons and key, read Cover and key, as in fome MS. Copies of Bratton. A A Compleat Law-Didionary : OR, THE New ENGLISH Law-Expofitor. AB Bate, is faid to be derived from a French Word, which fignifies to break down or destroy; and, in our Law, Abate retains the like Signification; As to abate a Caftle or Fortlet, which is interpreted to beat it down. See Old Natura Brev. p. 45. Weftm. 1. c. 17. To abate a Houfe, is to ruin or caft it down. Kitch. 173. Where a Perfon enters upon a Houfe or Land, void by the laft Poffeffor, before the Heir takes Poffeffion, fuch Stranger is faid to abate, as he that putteth him out, is faid to diffeife. To abate a Writ, is to defeat or overthrow it, on account of fome Error or Exception. Britton, c. 48. batement, is a Derivative from the French, and is used for the A&t of the Abator: As the Abatement of the Heir into the Land before he hath agreed with the Lord. Old Natura Brev. 91. Abatement of a Writ or Plaint, is an Exception in our Law taken and made good, upon an Action brought, either in respect to the Infufficiency of the Matter, or the Uncertainty of what is alledged, or where the Plaintiff, Defendant, A B Variance between the Writ and Specialty or Record; to the Uncertainty of the Writ, Count or Declaration, on account Death of the Plaintiff dant before Judgment had; or where a Woman, being Plaintiff, is married before, or depending the Suit; and for divers other Caufes Upon these and fuch like Defaults, the Defendant may pray, that the Suit may abate or cease for that Time, which being granted, the Plaintiff is at Liberty to bring a new Writ or Plaint. A Party being twice charged for one Debt, is a fufficient Ground of Abatement; as where a Plaintiff has another Action depending in the Courts at Westminster, for the fame Thing: But if fuch Action be in an inferior Court, that will not answer as a Cause of Abatement, unless Judgment be already given there. 5 Rep. 63. A Suit may likewife be abated, on account that the Writ of Debt precedes the Day of Payment. See more on the Head of Abatement, under the Titles of Writ, Mifnofmer and Variance, in the Abridgments, and the Book called The Digefts of Writs, where this Matter is fully handled. or Place is mifnamed: An Excep-bato, is a Perfon that abateth, tion may be likewife made to the or enters upon the Poffeffion of a B House |