ABI

to stand to the consequences of founding
on a forged deed. Beli’s Dict.

ABIGEATORES. Lat. [from abigere,.
to drive away.| In the civil law. Cattle-
stealers; those who drove away cattle or
other animals, with the intention of steal-
ing them. A rarer form of abigei, (q. v.)
Calv. Lex. Brissonius, voc. Abiget.

ABIGEATUS. Lat. oe abigere, to
drive away.| ‘In the civillaw. The offence
of stealing, or driving away cattle. Dig.
47, 14.2. See Abigere, Abigeus.

ABIGEI. Lat. In the civil law. Cattle
stealers. Dig. 47.14. 1.1. Calv. Lea.
Brissonius. 4 Bl. Com. 239. See Abdi-

cus.

ABIGERE. Lat. [from ab, from, and
agere, to drive.] In the civil law. To drive
away. Applied to those who drove away
animals with the intention of stealing
them. Dig. 47.14, de abigeis. Applied,
also, to the similar offence of cattle stealing
on the borders between England and
Scotland.—Scott’s Minstrelsy of the Scot-
tish Border, Introd. Append. No. vii.

_ To drive out; to expel by force; to
produce abortion. Dig. 47.11. 4. Bris-
sonius. .

ABIGEUS, Abigevus, Abigeator, Abac-
tor. Lat. [from abigere, to drive away.]
In the civil law. A stealer of cattle: one
who drove, or drew away (subtrawit) cattle
from their pastures, as horses or oxen from
the herds, and made booty of them; and
who followed this as a business, or. trade,
(quasi artem.) Abigei proprie hi habentur
qui pecora ex pascuis, vel ex armentis sub-
trahunt, et quodammodo depredantur, et
abigendi studium quasi artem exercent ;
equos de gregibus vel boves de armentis
abducentes. Dig. 47.14.1.1. The term
was applied also to those who drove away
the smaller animals, as swine, sheep and
goats. Jd. 47, 14. 1, 2. In the latter
case, it depended on the number taken,
whether the offender was fur (a common
thief,) or abigeus. Id. 47.14. 3. Quan-
titas discernit furem ab abigeo. Id. 48.
19. 16. 7. Or, as Bracton quotes it, guan-
titas discernit furem ab abigevo. Bract.
fol. 105 a. But the taking of a single
horse or ox seems to have constituted the
crime of abigeatus. Dig. 47.14. 3. And
those who frequently did this were clearly
abigei, though they took but an animal or
two at atime. Jd. 47. 14. 3. 2. See
Cod. 9. 37. Nov, 22, ¢. 15, § 1.

ABINDE. L. Lat. In old English

(11)



ABI

2 Mod. 27. 6 Id.

law. From thence.
252, ;

ABISHERSING, (properly ishersing.)
In old English law. A freedom or im-
munity from forfeitures, or amercements.
Spelman. See Mishersing.

ABJECTIRE. L. Lat. In old Enuro-

ean Jaws. To forfeit one’s recognizance,
featononte deserere ;) to neglect a plea
or suit, (placitum negligere ;) to fail in an
action, (deficere in lite ;) to lose a cause by
default or neglect to prosecute, (causam
per defaltam, vel non prosequendo amit-
tere.) Spelman.

ABJUDICARE. I. Lat. [from ab,
out of, and judicare, to adjudge.] In old
English law. To deprive of a thing by the
judgment of a court; the same with foris-
judicare, (q. v.) Ubi custos abjudicatus
est de custodia sua; where a guardian is
deprived of his guardianship. Bract. fol.
256 a. Abjudicetur medius de feodo et
servitio suo ; the mesne shall be forjudged
of his fee and service. eta, lib. 2, c. 50,

8.
ABJUDICATIO. LL. Lat. [from adju-
dicare, q. v.] In old English law. The
depriving of a thing by the judgment of a
court; a putting out of court; the same
as forisjudicatio, forjudgment, forjudger.
Fleta, lib. 2, c. 50, § 8 Co. Litt. 100
a, b. Towns, Pl. 49. See Forisjudi-
catio.

ABJUDICATUS. L. Lat. Forjudged.
See Abjudicare.

“ABJURARE. Lat. [from ab, from,
and jurare, to swear; L. Fr. forjurer.] In
old English law. To swear from; to swear
to give up, or leave a thing, or place; to
renounce or abandon by, or upon oath; to
forswear. Abjurare regnum; to abjure
the realm, to swear to leave it. Bract.
fol. 185 b. 186 a, Cart. de Forest. c. 10.
Si fur convictus fuerit, aut morti tradatur,
aut regnum abjuret, vel patriam, comita-
tum, civitatem, burgum vel villam ; if the
thief be convicted, he shall either be de-
livered up to death, or he shall abjure the
realm, or the country, the county, city,
borough, or town. Bract. fol. 151 b.
Abjurare terram; to abjure the land.
Articuli.Clert, c. 10.

ABJURATION. [Lat. abjuratio, from
abjurare, q. v.] A renunciation or aban-
donment by, or upon oath; the taking or
making oath to leave a place. -Abjuration
in this sense, in English law, usually was
of the realm, but it might also be of a par-