ABS

ticular county, city, borough, or town.
See Abjurare.

The taking an oath to renounce one’s
allegiance to a particular sovereign, prince,
or state. See Abjuration of allegiance.

ABJURATION OF ALLEGIANCE.
In political law. A declaration under oath,
before a competent authority, that the
party making oath renounces and abjures
all the allegiance and fidelity which he
owes to a particular sovereign. A formali-
ty required of all aliens, by the laws of the
' United States, previously to their being
naturalized. -Act of Congress, April 14,
1802. 2 Kent's Com. 64, 65. An oath,
abjuring all allegiance to the descendants
of the Pretender, is required in England

from all persons holding office. 1 Bi.
Com. 368. 2 Steph. Com. 422. 3 Id.
106. See Allegiance.

ABJURATION OF THE REALM.
[Lat. abjuratio regni.] In ancient Eng-
lish law. The taking an oath to depart from
the kingdom, and never return, unless by
permission; a species of sworn, or self-
banishment, formerly allowed to offenders
who confessed their crimes, after fleeing to
a sanctuary, as the means of saving their
lives. Bract. fol. 185 b. 3 P. Wms, 38,
note [B.] 4 Bl. Com. 332. The blood
of the person thus abjuring was attainted,
he forfeited all his goods and chattels, and
was considered as dead in law. Jd. 333.
1 Id. 448. Co. Litt. 1338 a.

*,* Abjuration of the realm is general-
ly considered as having been abolished by
statute 21 Jac. I. c. 28; but it is men-
tioned in the books at a later period. 2
Inst. 629. 11 Hasi,301. 2 Kent's Com.
156, note. The old oath of abjuration, as
given by Bracton, was in this form:
“ Hear this, ye justices, or coroners, that
I will depart from the realm of England,
and that I will not return thither again,
unless by permission of the lord the king,
or his heirs. So help me God,” &c. Bract.
fol. 136, lib. 3, c 16. In Britton and
Fleta, the oath is given in fuller terms.
Britt. c. 16, fol. 25. Fleta, lib. 1, c. 29,
§ 3. According to Britton, it was re-
quired to be taken at the churchyard

ate. The party thus aljuring was then
obliged to select a port where he would
embark, and a certain time, computed by
reasonable days’ journeys, was allowed
him to reach it. He was not allowed to
quit the king’s highway, nor to stay in
any one place more than two nights, nor

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ABO

to turn aside from the road, unless for suf-
ficient cause; but was bound to go
straight to the port, so as to be there at
the day given him, and to embark as soon
as he could obtain a vessel and a wind,
unless detained by stress of weather. If
he failed in any of these particulars, it was
at his peril. Bract. fol. 185 b. 136. Ac-
cording to Britton and Fleta, he was
obliged to travel ungirded, with head and
feet bare, in nothing but his coat, like a
criminal about to be hung, (én pura tunica,
tanquam in patibulo suspendendus,) and
with across in his hands. eta, lib. 1,
c. 29, § 5. Fleta records the still more
remarkable circumstance, that when he
came to the sea, he was bound to walk
into it, up to his neck, (ingredi debet usque
ad collum,) if he could not find the means
of crossing, and having set up a cry,
(hutesio levato,) to rest on the shore until
he found such means. Jd. ibid. But he
might pass out of the kingdom by land, as
into Scotland. Britt. c. 16.

ABJURE. [L. Lat. abjurare; L. Fr.
forjurer.| To renounce, or abandon, by,
or upon oath. See Abjurare, Abjuration.

ABLE. L. Fr. [L. Lat. habilis, q. v.]
In old English law. Fit; proper; Ables e’e
vend’; fit to be sold; merchantable.
Yearb. H. 11 Hen. VI. 13.

ABMATERTERA. Lat. In the civil
law. <A great great grandmother’s sister,
(abavie soror.) Inst. 3. 6. 4. Dig. 38.
10. 3. Called matertera mazima, Id. 38. 10.
10. 17. Called by Bracton, abmatertera
magna, Bract. fol. 68 b.

ABNEPOS. Lat. In the civillaw. A
great great grandson. Inst. 3.6.2. Dig.
38. 10. 1. 6.

ABNEPTIS. Lat. In the civil law. A
great great granddaughter. Inst. 3. 6. 2.
Dig. 38. 10. 1. 6.

ABOLERE. Lat. In civil and old
English law. To obliterate. Abolitum ; ob-
literated. Cod. 6. 33. 3. Rasum vel
abolitum ; razed or obliterated. Feta, lib.
2,¢. 54, § 12. Jd. o 18, § 6 See Jd.
lib. 6, c. 50, § 2.

ABOLITIO. Lat. [from abolere, to
abolish or obliterate.] In the civil law.
Leave to discontinue an accusation. Dig>
48,16. Cod. 9. 42, 43, 45.

Obliteration; effacement; a putting out
of memory; amnesty; pardon. Dig. 48.
16. 8-10.

ABOLITION. In old practice. A de-
stroying, or putting an end to an action or