Literally, it imports the same with Abigeus, or as others write it, Abigevus, or Abigens ; form'd of Abigo, I drive away, q. d. a Driver of Cattle.
Technically, it is us'd to denote a Thief ; but with something particular in the manner of his Crime, to distinguish it from Furtum, or common Theft. 'Tis generally suppos'd to be one who steals, or drives off Cattel by Herds, or great Numbers : Thus Bracton, L. iii. c. 6. Si quis suem surripuit, fur erit ; & si quis gregem, Abigevus. See THEFT.
Thus the Abatement of a Writ, is the frustrating, or setting it aside, by some Exception alledg'd and made good against it. Such Exception may be taken either to the Matter, as insufficient ; or to the Allegations, as uncertain, e g. where one of the Parties or a Place are misnam'd ; or to some Variation between the Writ and Record ; or to the Uncertainty of the Writ, Count, or Declaration ; or to divers other Particulars. Upon any of which, the Desendant may pray that the Writ, or Plaint, may abate ; i.e. that the Plaintiff's Suit may cease for that time. See WRIT.
In strictness, 'tis only the extreme Corners are said to abut ; the Sides are said to be adjacent.
Thus, they who procure others to sue out false Appeals of Felony, or Murder against Men, to render 'em infamous, are particularly denominated Abettors.
So, Abettors in Murder, are such as advise or procure a Murder to be committed, or are accessory thereto. See MURDER.
That Author gives it, as his Sense of the Word, that to be in Abeyance is to be in the Entendement, Remembrance, & Consideration de la Loy : In which Sense, says he, the Right of Fee-simple is said to be in Abeyance.
He adds,
This Word, in a Charter or Grant, gives the Proprietor not only the Forfeitures, and Amerciaments of all others for Transgressions committed within his Fee ; but also exempts him from all such controul by any wirhin that Compass.
Thus, in our Laws, the Abolition of a Law, Statute, or Custom, is the abrogating or repealing it. See ABROGATION, REPEALING, STATUTE, &c.
So, the Leave given by the King or Judge, to a criminal Accuser, to desist from further Prosecution of the Accused, is peculiarly called Abolition.