Page:Black's Law Dictionary (Second Edition).djvu/724

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LEX

tug of the word "law" in some modern phrases, such as the "law of evidence," “law of wills," etc.

-—I.ox ooxnmluorla. A law by which a debt- or and cl'ri.lit0r might agree (where a thing had been pledged to the latter to secure the debt) that, if the debtor did not pay at the day, the pledge should become the absolute property of the creditor. 2 Kent. omm. 5.3 This was abolished by it law of Constantine. A law according to which a seller might stipulate that. if the price of the thing sold were not paid with- in a certain time, the sale should be void. Dig. 18, 3.—Lex 1-egia. The royal or imperial law. A law enacted (or supposed or claimed to have been enacted) by the Roman people, constituting the emperor a source of law, conferring the legislative power upon him, and according the force and obligation of law to the expression of his mere will or pleasure. See last. 1, 2. 6: Gains. 1. E; Mackcld. Rom. Law, § 46; Heinecc. Rom. Ant. l. 1. tit 2. §§ (32437; 1 Kent, Comm. 544, note.—Lex Prsntoria. The pristorian law. A law by whitli eiery freednian who made a will was commanded to leave a moiety to his patron. Inst. 3. 8, 1. The term has been applied to the rules that govern in a court of equity. Gilb. Ch. pt. 2.

Other specific meanings of the word in R0- man jurisprudence were as follows: Positive law, as opposed to natural. That system of law which descended from the Twelve Tables, and formed the basis of all the Roman law. The terms of a private covenant; the condition of an obligation. A form of words prescribed to be used upon particular occasious.

In medieval jurisprudence. A body 01‘ collection of various laws peculiar to a given nation or people: not a code In the modern sense, but an aggregation or collection of laws not codified or systeniatized. See Mack- eld. Rom. Law. § 98. Also a similar collection of laws relating to a general subject, and not peculiar to any one people.

—Lex Alamannornm. The law of the Alemnnni; first reduced to Writing from the ciIstoms of the country, by Theuiloric, king of the Franks, A D. 512. Amended and re-enacted by Clnlaire Il. Spclman.—Lex niuvnxdorum, (Baioriorum, or Boiorlun.) The law of the Bavnrizius. a barbarous nation of Europe. first collected (togctlier with the law of the Franks and Alemanni) by Theodorie 1., and finally completed and promulgated by Dugohcrt. Spelrnan. — ex barbara. The barbarian law. The hiiis of those nations that were not subject to the Roman empire were so called. Spelman. —I.ex Breholnn. The Brehon or Iiish law. overthrown by King John. See BREHON LAW. —Lex Bretoise. The law of the ancient Brituns, or Marciies of Wiilcs (lowi-ll.—-Lex Burgnndioniim. The law of the Burgundinns. a barbarous nation of Europe, first compiled and published by Gundehnld_ one of the last of their kings, about A. D. 500. Spelmnn.—Lex Dan- orum. The law of the Danes; Dane-law or Dane-loge Spelman.—Lex Franco:-inn. The law of the Franks; promulgated by Theodoric 1., son of Cloiis I.. at the same time with the law of the Alemanni and Bnvarians. Spelman. This was a different collection from the Salic law.—I.ez 1‘:-isioniim. The law of the Frisi- sns. promulgated about the middle of the eighth 1- ntury. Spslman.—-Lex Gothicn. The Goth- ic law, or law of the Goths. First promulgated in writing. D. 6. Spelman.—Lex Long- uhardoriun. The law of the Lonihards. The

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LEX

name of an ancient code of laws among that people, framed. probably, between the fifth and eighth centuries. It continued in force after the incorporation of Lombardy into the empire of Charlemagne, and traces of its laws and institutions are said to be still discoverable in some parts of Ita1y.—I.ex xnercatoria. The law-merchant That system of laws which is adopted by all commercial nations, and constitutes a part of the law of the land.—Lex Rlmdin. The Rhodian law, particularly the fragment of it on the subject of Jettisonl. (Ila jiw- tu.) preserved in the Pandects. Dig. 14, 2 1; 3 Kent. Comm. 232, 233.—Lex Salicsi. The Salic law, or law of the Snlian Franks. a Teutonic race who scttied in Gaul in the fifth century This aneient code. said to have been compiled about the year Q0, embraced the laws and customs of that people, and is of great historical value, in connection with the origins of feudalism and similar subjects. Its most cele- hroted provision was one vihich excluded women from the inheritince of landed estates, by an extension of which law females were always ex- cluded from succession to the crown of France Hence this provis n, by itself, is often referred to as the “Snlic La.w."—Lex talionis. The law of retaliation; which requires the infiiction upon a wrongdoer of the sums injury which he has caused to another. Expressed in the Mosaic law by the formula, "an eye for an eye; a tooth "for a tooth." etc. In modern international law. the term describes the rule by which one state may inflict upon the citizens of another state death, lmprisonmeng or other hardship. in retaliation for similar injuries imposed iipoa its own citi7.ens.—Lex Wnllensica. The Welsh law; the law of Wales. Blount.—Lex Wisigu— tliox-inn. The law of the Visigoths, or WestenJ Goths who settled in Spain: first reduced to writing A. D. 466. A revision of these laws was made by Egigas. Spelninn.

In old English law. A body or collection of laws, and particularly the Roman or civil law. Also a form or mode of trial or process of law, as the ordeal or hattel, or the oath of a party with compurgators, as in the phrases lr-gem facere, legem vailiare. etc. Also used in the sense of legal rights or civil rights or the protection of the law, as in the phrase legem. amittere.

—Lex Angliis. The law of England. The common law. Or, the curtesy of England.—Lex nxnissa. One who is an infamous, perjured. or outlawed person. Rract lib. 4. c. 1D.—Lex apostata. A thing contrary to law. Jacob. ——I.ex npparens. In old English and Norman law. Apparent or manifest law. A term used to denote the trial by battel or duel, and the trial by ordeal. “lo:-" having the sense of process of law. Called "apparent" because the plaintiff was ohlinod to make his right Hour by the testimony of witnesses. before he could ob- tain an order from the court to summon the defondant. S ln1an.—Lex eomitatiis. The law of the county, or that administered in the county collrt before the earl or his deputy. Spelman. —Lox coinmnnis. The common law. See J Us Co.\zMuNi1:.—Lex dun-ajsnia. The proof of a thin: which one denies to be done by him, where another affirms it; defeating the assertion of his adversary, and showing it he against reason or probability. This was used among the old

Romans, as well as the Normans. Cuwell.—Lex at consuntudn pnrliamenti. The law and custom (or usage) of parliament The houses

of parliament constitute a court not only of leg- islation, but also of justice, and have their own rules, by which the court itself and the sailors therein are governed. May. Purl. Pr. (6th Ed.) 38—61.—Lex et consnetudo reg-ni. The law

and custom of the realm. One of the names of