The Word, in this Sense, is borrow'd from the Civil Practice of the Romans, Among that People, to propose a Law to the People for their Approbation, was call'd
Among the Romans, the ordinary Method of pronouncing Judgment was this : After the Cause had been pleaded on both sides, the Pretor used the Word
When the Votes are equally divided on the Sides of Absolution and Condemnation, the Accused is absolved : This Procedure is supposed to be founded on the Law of Nature. Such is the Sentiment of Faber on the 125th Law. de Div. Reg. Jur. of Cicero,
Absolution, in the Canon Law, is a Juridical Act, whereby a Priest, as a Judge, and in virtue of a Power given him by Jesus Christ, remits the Sins of such as appear to have the Conditions requisite thereto.
The Romanists hold Absolution a Part of the Sacrament of Penance : The Council of Trent, Sess. XIV. cap. iii. and that of Florence, in the Decree
ACCAPITUM, in our ancient Law-Books, signifies Reliefs to the Chief Lord. Hence also, Accapitare, to pay Relief to the Chief Lord. See RELIEF.
ACCEPTANCE, Acceptio, Acceptatio, in matters of Law, refers to agreeing or consenting to some act already done, which, without such consent, might have been undone or rendered invalid.
The acceptance of a donation is necessary for its validity and is a solemnity essential thereto. Acceptance, say the civilians, is the concurrence of the will or choice of the donee, which renders the act complete, and without which the donor may revoke his gift at pleasure. See DONATION, etc.
The acceptance of a donation is necessary for its validity and is a solemnity essential thereto. Acceptance, say the civilians, is the concurrence of the will or choice of the donee, which renders the act complete, and without which the donor may revoke his gift at pleasure. See DONATION, etc.
ACCEPTILATION, in the Civil Law, an acquittance given without receiving any money: or a declaration of the creditor, in favor of the debtor, signifying that he is satisfied for his debt, or that he forgives it him, and will make no further demands.
ACCORD, in Law, is an agreement between two, at the least, to satisfy an offense that one has committed against the other; whether it be a trespass or such like thing, for which he has agreed to satisfy him. This, when executed, becomes a good bar in Law to any suit to be brought for the same matter.
ACCUSATION, Accusatio, in the Civil Law, the initiating a criminal Action against any one, either in one's own Name, or that of the Publick. See ACTION, and CRIMINAL.
By the Roman Law, there was no publick Accuser for publick Crimes; every private Person, whether interested in the Crime or not, might accuse, and prosecute the Accused to Punishment or Absolution.
But the Accusation of private Crimes was never received, excepting from the Mouths of those who were immediately interested in them. — None but the Husband could accuse his Wife of Adultery. See ADULTERY.
By the Roman Law, there was no publick Accuser for publick Crimes; every private Person, whether interested in the Crime or not, might accuse, and prosecute the Accused to Punishment or Absolution.
But the Accusation of private Crimes was never received, excepting from the Mouths of those who were immediately interested in them. — None but the Husband could accuse his Wife of Adultery. See ADULTERY.
ACHAT, in our Law-French, signifies a contract or bargain.
Purveyors were by Act of Parliament 3 & 4 Edw. III. ordained to be henceforth called Achators. See PURVEYORS.
Purveyors were by Act of Parliament 3 & 4 Edw. III. ordained to be henceforth called Achators. See PURVEYORS.
ACQUEST, or Acquist, is understood, in a legal Sense, of Goods, or Effects, immovable, not descended or held by Inheritance; but acquired, either by Purchase or Donation.See GOODS.The Word is French; formed of the Verb Acquerir, to acquire.—The French Laws make a great deal of difference between Acquests, and hereditary Effects. The Civil Law allows none. See HEIR, HEREDITARY, etc.The Word is also popularly used for Conquest, or Places acquired by the Sword.
ACQUIETARE, in our ancient Law-Books, signifies to pay the Debts of a Person deceased; as the Heir those of his Father, etc.