BREVIA formata." Special writs." Writs made to suit particular cases.

BREVIA formata super certis casibus de cursu, et de commune consilio totius regni concessa et approbata.—Writs 'sually framed on special cases, and allowed, and approved of by the general advice of the whole kingdom.

BREVIARIUM.- -The name of a code of laws, compiled under the direction of Alaric II. king of the Visigoths, for the use of his Roman subjects.

BREVIBUS et rotulis liberandis.--A writ or mandate to the sheriff to deliver to his successor, the county, and the appurtenances; with the rolls, briefs, remembrances, and all other things belonging to the office of sheriff. BRIEFE de recto clauso.- -Writ of right close. BRUTUM fulmen.-A harmless thunderbolt; a noisy but ineffectual menace: a law neither respected nor obeyed. BURGA-House-breaking.

BURGI latrocinium.

castle or mansion-house.

BURSA.--A puise.

-Burglary: the robbery from a

BUTTS.-The short pieces of land at the ends of fields which are necessarily left unploughed when the plough is turned around. They are sometimes termed headlands, and the same pieces on the sides, sidelings.

BUTTS and BOUNDS.--Words used in describing the boundaries of land. Properly speaking, butts are the lines at the ends, and bounds are those on the sides if the land is of rectangular shape. But in irregular shaped land, butts are the points or corners, where the boundary lines change their direction.

NOTES TO B.

BALNEARI FURES-As the public baths of the Romans are so frequently noticed in the Classics, it may not be improper to say a few words concerning them. In later times of the Roman empire, the Romans before supper, used always to bathe, (for using little or no linen, this custom was very necessary.) Vide Plaut. Stich. v. 2. 19. The wealthy had their baths for the family, both cold and hot, (at their own houses.) Cic. de Orat. ii. 55. There were also public baths for the use of the citizens at large (Hor. Ep. i.), where there were several apartments for men and women. These balneari fures used to steal the clothes, leaving the bathers in no very agreeable situ ation, when they wished to return home. Each bather paid to the keeper (or overseer) of the bath a small coin (quadrans). Hor. Sat. i. 3. 137. The usual time for bathing was two o'clock (octava hora) in summer; and three in winter. The Romans, before bathing took various kinds of exercise (exercitationes campestres, post decisa negotia, campo), -i. e. field exercises in the camp after business was ended; as the ball or tennis, throwing the javelin, or discus, quoit, &c., (vide Hor. Od. i. 8. 11,) riding, running, leaping, &c.; from this it appears that the Romans bathed when warm with exercise.

BELLUINAS, &c.-Italy, it is true, accepted, or was rather compelled to accept, laws of the Barbarians, who laid her waste; and the state in which she appears to have been for several ages, after the barbarous nations settled there, is the most decisive proof of their cruelty, as well as the extent of their depredations. Vide Muratori Antiquitates Italicæ medii avi, dissert. 21. v. 2. p. 149. et sub. The state of desolation in other countries of Europe was very similar. In some of the most early charters now extant, the lands granted to the monasteries, or to private persons, are distinguished by such as were cultivated, or inhabited, and such as were "eremi," desolate. In many instances, lands were granted to persons, because they had taken them from the desert (ab eremo), and had cultivated and planted them with inhabitants. Muratori adds that during the eighth and ninth centuries Italy was greatly infested with wolves, and other wild beasts; another mark of want of population. Thus Italy, once the pride of the ancient world, for its learning, science, prowess, fertility, and cultivation, was reduced to the state of a country, newly peopled, and lately rendered habitable, leaving an awful example and warning to avoid the luxury, effeminacy, pride, cruelty, and oppression of the inhabitants of that once imperial country.

BIBLIOTHECA.-A Library. Festus.-A great number of books, or the place where they were kept, was by the Romans called "Bibliotheca." The first famous library was collected by Ptolemy Philadelphus, at Alexandria in Egypt, B. C. 284; and contained, it is said, 700,000 volumes. Vide Gell. vi. 17. The next by Attalus or Eumenes, king of Pergamus. Plin. xiii. 12. Adjoining the Alexandrian library was a building called "Museum," vide Plin. Ep. i. 9., for the accommodation of a college or society of learned men, who were supported there at the public expense, with a covered walk and seats, where they might dispute. Strab. 17.--but the word Museum is used by us as meaning a repository of curiosities; as it also seems to be by Pliny xxvii. 2. s. b. A great part of the Alexandrian library was burnt by the flames of Cæsar's fleet. Vide Plutarch in Ces. and Dio. 43. 38. It was again restored by Cleopatra, who, for that purpose, received from Antony, the library of Pergamus, then consisting, it is said, of 200,000 volumes. Plutarch in Anton. It was totally destroyed by the Saracens, A. D. 642. The first public library at Rome, and in the world, as Pliny observes, was erected by Asinius Pollio, (Plin. vii. 30. &c.,) in the Atrium, or Temple of Liberty (Ovid. Trist.), on Mount Aventine, Mart. xii. 3. 5. Many private persons had good libraries. Cic. Libraries were adorned with statues and pictures, particularly of ingenious and fearned men. The books were put in presses, or cases, along the walls, which were sometimes rumbered.

CABELLERIA.

C.

-Spanish measure for a lot of land one

hundred feet front, and two hundred deep. CADERI. To fall or come to an end. CADIT assiza, et vertitur in juratum.

and it is turned into a jury.

-The assize ceases,

CADIT in perambulationem.It falls by the way. CADIT quæstio.——"The question falls": i. e. if matters are as represented, "quæstio cadit," the point at issue admits of no farther discussion.

CADUCARY.Relates to forfeiture or confiscation.
CETERA desunt.- The rest is wanting.

CALENDS. The first day of the month in the Roman calendar.

CAMERA Scaccarii.

The chamber of the exchequer.

CAMERA stellata."The Star Chamber." An odious court once held in England, but many years since abolished. CAMPANA. A bell.

CAMPI partitio."Champerty-a division of the land." This is an offence mentioned in the law books-it is the purchasing a right, or pretended right to property, under a condition, that part when obtained by suit shall belong to the purchaser. Vide note.

CAMPUM partire.-
CANCELLARIA.-

CANCELLARIUS.

-To divide the field.
-The court of chancery.

-The chancellor.

CANDIDATI.- "Candidates." Those who sought for office under the Roman government. Vide note.

CANTRED. The Welsh counties were divided into districts called cantreds, as in England into hundreds. See Hundred.

CAPAX doli.

"Capable of committing crime:" of sufficient understanding to be liable to punishment for an offence.

CAPE.- -A judicial writ touching a plea of lands or This writ is divided into "cape magnum"

tenements.

(great), and "cape parvum" (little).

CAPE ad valentiam.Take to the value.

CAPE de terra in bailiva sua tantæ terræ, quod B. -Take of the land in your bailiwick

clamat ut jus suum.

to (the value) of so much land which B. claims as his right.

CAPERE, et habere potuisset.- -He ought to take, and to hold.

CAPIAS." You may take." A writ authorizing the defendant's arrest. Vide note.

CAPIAS ad audiendum judicium.-A writ to summon a defendant found guilty of a misdemeanor, but who is not then present, although he has previously appeared. The writ is to bring him to receive his judgment.

CAPIAS ad computandum.

to make account.

CAPIAS ad respondendum.

ant) to make answer.

That you take (defendant)

That you take (defend

CAPIAS ad satisfaciendum.That you take (defendant) to make satisfaction.

CAPIAS ad satisfaciendum, ita quod habeas corpus ejus, &c.That you take (defendant) to satisfy, so that you may have his body, &c. Vide note.

CAPITA distributio, i. e. To every person an equal

share, when all the parties claim in their own right, and not "jure representationis," by right of representation.

CAPITALES, generales, perpetui, et majores; a latere regis residentes, qui omnium aliorum corrigere tenentur injurias et errores.-They (the judges of the king's bench) are principal, general, perpetual, and superior, sitting with the king, who are bound to correct the wrongs and errors of all others.

CAPITALES inimicitiæ.-Deadly hatred. This was formerly held sufficient to dissolve the espousals of marriage.

CAPITALIS baro.—Chief baron.

CAPITALIS justiciarius in itinere.The chief judge in eyre; or itinerant judge.

CAPITALIS justiciarius totius Anglia.-The chief justice of all England.

CAPITALIS plegius. -The principal pledge.

CAPITANEUS.

In feudal law, a chief lord or baron

In surveying, to head or abut.

of the king; a leader, a captain.

CAPITARE.

CAPITILITIUM.Poll money.

CAPITIS æstimatio.A fine paid by the Saxons for murder, &c. Vide note.

CAPITIS diminutio. -The loss of civil qualification. CAPITULA.A collection of laws or regulations arranged under particular heads or divisions.

CAPITULA de Judæis.The chapters (or heads) of an ancient book or register for the starrs, or mortgages, made to the Hebrews.

CAPITULA itineris.—Articles or heads of inquiry upon all the various crimes or misdemeanors, which, in old practice, the itinerant justices delivered to the juries from the various hundreds at the opening of their eyre or court. CAPITULARIA.- Collection of laws promulgated by the early French kings.

CAPTIO. Taking or seizing of a person or thing.