Page:Black's Law Dictionary (Second Edition).djvu/333

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DE FIDE ET OFFIOIO JUDIOIS

jnris, live facti. Concerning the fidelity and official conduit of a judge, no question is [will be] entertained; but [only] concerning his knowledge, whether the error [com- muted] be of law or of fact. Bac. Max. 68, nu; 17. The Dana fiiies and honesty of purpose of a judge cannot he questioned, but his decision may be impugned for error either 01 law or fact Broom. Max. 85. The law doth so much respect the certainty of judgments, and the credit and authority of judges, lint it will not permit any error to be as- \'lgIlC‘d which iinpeacheth them in their trust and «flit-e, and in willful abuse of the same; I-iit only in ignorance and mistaking either of the law, or of the case and matter of {mu Bac. Max ubl supra. Thus. it cannot In assignerl for error that a judge did that \\ iiirh he ought not to do , as that he entered I re:-rlict for the plnintifl, where the jury (Ne it for the defendant. Fitsh. Nat. Brev Al. 21; Biic Max nbi. supra; Eiardr. 127. Ilfg.

DE FED]-II IJESIONE. faith or fidelity.

of breach of 4 Reeve. Eng. Law, 99.

DE FINE FORCE. L. Fr. Of necessity; of pure necessity. See Fm: FORCE.

DE FINE NON CAPIENDO PRO PUL- CHRE PLACITANDO. A writ prohibiting the taking of tines for beau pleader. Reg. Orig. 17!).

DE FINE PRO REDISSEISINA CA- P1]-INDO. A writ which lay for the release of one imprisoned for a redisseisin. on pay- ment of a reasonable fine. Reg. Orig. 22217.

DB I'I1\l'IB'US LEVATIS. Concerning tines levied. The title of the statute 27 Edw. l. requiring tines thereafter to be levied. to he read openly and solemnly in court. 2 Inst. 521.

DE FORISFACTURA IVLARITAGII. Writ or forfeiture of marriage. Reg. Orig. 163, 164.

DE PRANGENTIBUS P R I S O N A M. Concerning those that break prison. The title of the statute 1 Edw. ll. ordaining that none from thencetorth who broke prison shouiil have judgment of life or lLmb for breaking prison only. unless the cause for ulilch he was taken and Lmprisoned required such a judgment if he was lawfully convicterl iliereot. 2 Reeve. Eng. Law, 290; 2 Inst. 5&9.

DE I"U'B.TO. 01! theft. One of the kinds of criminal appeal formerly in use in England 2 Reeve, Eng. Law. 40.

DE G1-ISTU ET FAMA. Of behavior and reputation. An old writ which lay in cases where a person's conduct and reputation were impeached.

325

DE HOMI NE REPLEGIANDO

DE GRATIA. vor. favor.

of grace or favor, by fa- De special! gratin, of special grace or

De gratin lpeciali oer-ti: scientii: at meta motn, talis ulausula non valet in his in quibns praeauniitnr pi-inoipem esle ignornntenl. 1 Coke, 53. The clause "of our special grace. certain knowledge, and mere motion," is or no avail in those things in which it is presumed that the prince was ignorant.

De gr-ossil ai-lmr-'i'Imn decimaz non da- huntnr led de sylvia. cscdlla decimsz da- hnntnr 2 Roile, 123, of \\ hole trees. tithes are not given: but of wood cut tu be used. tithes are given.

DE HIEREDE DELIBERANTDO II-LI QUI I-IABET CUSTODIAM TERRIE. Writ for delivering an heir to him who has ward- ship or the land. A writ tlire-_-ted to the sheriff to require one that had the body of him that was ward to another to deliier him to the person whose ward he was by reason of his land. Reg. Orig. 161.

DE HIEIREDE RAPTO ET ABDUCTO. Writ concerning an heir rmished and carried away. A writ which nnciently lay tor a lord who. having by right the Wnrdship of his tenant under age could not obtain his body, the same being carried away by an- other person. Reg. Orig. 103; Old Nat. Brev. 93.

DE HIERETICO COMBURENDO. (Lat. For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, and had relapsed into heresy. It is said to be very .niicieut. Fitzh. Nat. Brev. 269; 4 Bl. Comm. 46.

DE HOMAGIO RESPECTUANDO. A writ for respiting or postponing homage Fitzh. Nat. Brev. 269, A.

DE HOMINE CAPTO IN WI'I'HER.- NAM. (Lat. For taking a man in withernam.) A writ to take a mun who had carried away a bondman or bondwoinan into another country beyond the reach of a vsrit of replavin.

DE HOMINE REPLEGIANDO. (Lat. For replevylng a man.) A Writ which lies to replevy a man out of prison, or out or the custody of a private person, upon giving security to the sherlilf that the man SLl:‘iLl be forthcoming to answer any charge iiga ust him. Fitzh. Nat. Brev. 66; 3 B1 Comm. 125).

This writ has been superseded nlumst wholly, in modern practice, by that of Iial,-, as corpus; but it is still used. in some of the states. in an amended and altered form See 1 Kent. Comm 40-in; 34 Me. 136.

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