MIS
( tfo)
MIS
Xet even in a Writ of Right, if a Collateral Point be try'd, it is there call'd an Ijjue, not a Mfe. See Right.
Mise is alfo ufed as a Participle, for caft or f ut upon- Sometimes corruptly for Meafe, a Meffuage or Tenement. In iome Manors, a meafe Place is taken for fuch a Meffuage or Tenement, as yields the Lord a Herriot at the Death of the Tenant.
MISERERE, have mercy, the Name, and firft Word of one of the Penitential Pfalms ; being that commonly given by the Ordinary to fuch condemn'd Malefactors, as are al- low'd the Benefit of the Clergy. Whence it is alfo call'd the Ffalm of Mercy. See Clergy.
Miserere met, is a kind of Colic, or Diforder of the Inteftines, wherein the Excrements, inftead of pafling off the common way, are thrown up by the Mouth. See Col ic.
The M'ferere mei is the fame with what we otherwife cHlFohulus and Iliac Papon. See Iliac Papon.
It takes its Name from the intolerable Pain and Anguifh it occafions the Patient -, which is fuch, as claims Pity from the Beholders : M'ferere mei being a Latin Phrafe, which literally fignifics, Have pity on me.
MISERICORDIA, Mercy, in Law, is an arbitrary A- merciament or Punifhment impofed on any Perfon for an Offence. See Amerciament.
Where the Plaintiff or Defendant in any Action is amer- ced, the Entry is always Idea in M'jericord/a, It is thus call'd, according to Btzberhert, by reafon it ought to be but fmall ; and lefs than the Offence, according to the Te- nor of Magna Charta,
Hence, if a Man be unreafonably amerced in a Court not of Record, as a Court-Baron, t$c. there is a Writ call'd Moderate M'fericordia, directed to the Lord, or his Bailiff, commanding them to take moderate Amerciaments. See
MoDERATA, i$C.
MulEla lemorfic difta, quod lenijfma imponitur Mifericordiaj Graviores enim mulBas Fines vacant j Afrocipmas, Redemp- tiones. See Fine and Redemption.
M'fericordia Communis, is when a Fine is fet on the whole County or Hundred.
MISFEASANCE, in Law, Mifdoings or Trefpaffes. Whence alfo Msfeafor, a Trefpaffer. See Trespass.
MISNA, or Mischna, a part of the ^ewijb Talmud. See Talmud.
The M'ffta contains the Text 5 and the Gemara, which is the fecond part of the Talmud, contains the Commenta- ries : fo that the Gemara is, as it were, a Gloffary on the Mfoa. *
ThejW*/»d confifts of various Traditions of the Jews, and of Explanations of feveral Paffages in Scripture. The Jews maintain, that it was compleated, and reduc'd into a Body, by Rabbi Juda, in the fecond Century, to prevent the Memory of their Traditions from perifhing. But the Ge- nerality of the Learned fcarce allow it of fo much Anti- quity, and bring it feveral Centuries lower.
It is written in a much purer Srile, and is not near fo full of Dreams and Vifions as the Gemara. See Gemara.
MISNOMER, a Term in Law, compounded of the Trench Mes, which in Compofition fignifies amifs , and nommer y to name : It denores the ufing of one Name for another ; a mifterming or mifnaming. See Name.
MISPRISION, a Term in Law, fignifying NegleB, or Ove- fight.
Misprision of Treafon, or Felony, is a Neglect or light Account fhew'd of Treafon or Felony by not revealing it, when we know it to be committed 5 or by letting any Perfon, £*?c. on Sufpicion of Treafon, to go, before he is indicted. See Treason.
It is the Concealment, or not difclofing of known Trea- fon j for which the Offenders are to fairer Imprifonment during the King's Pleafure, and to lofe their Goods, and Profit of their Lands, during their Lives.
Mifprfion of Felony is only fineable by the Juftices, before whom the Party is attainted 5 but Juftices of the Common Pleas have a power to affefs any Amerciaments upon Perfons offending by Mfpnfions, Contempts or Neg- Iecls, for not doing, or mifdoing any thing in or concern- ing Fines.
Misprision of Clerks, is a Negleft of Clerks in wri- ting or keeping Records. By the Mfprifion of Clerks, no Procefs mall be annull'd or difcontinu'd. And Juftices of Aflize fhall amend the Defaults of Clerks mif-fpelling of a Syllable or Letter in Writing.
MISSAL, Missale, aMafs-Book, containing the feve- ral Maffes to be ufed for the feveral Days, Feafts, ££c See Mass.
The Mf/al was firft compil'd by Pope Zachary, and af- t rwards reduc'd into better Order by Pope Gregory the Great, who call'd ir the Book of Sacraments.
Each Diocefe, and each Order of Religious, have their particular Miffa/, accommodated to the Feaft of the Pro- vince, or of the Order.
MISSELTOE, Missletoe, or Misletoe, in Natural Hiftory, a Plant of the Paraiite Kind j growing, not on the Ground, but on other Trees, as the Oak, ^pple-Tree Pear-Tree, Plumb-Tree, Acacia Americana, Beech, Chef- nut, £5?c. See Parasite.
Mjfeltoe, by Phyfkians, &e. call'd Vifcum, grows to the height of about two Feet. It confifls of feveral Stems which are ufually cover'd with a greeni/h, fume times a yellowim Bark, about the Thick nefs of the Finger, hard, woody, and divided by Knots ; from which fpring the Leaves, which grow by two and two oppofite to each 0- ther, oblong, thick, of a greeni/h, or yellowim Colour, ■vein'd their whole Length, and rounded at the End. Its Flowers grow by three and three. Trefoil-wife, at the Ex- tremes of the Branches : each Flower is a yellow Calyx one third of an Inch in Diameter, divided into four Parrs. The Fruit likewife grows by three and three, at the Ex- tremes of the Branches. They are a kind of oval Berries, not unlike little Pearls, fill'd with a flattifti Seed in form of a Heart; cover'd with a fine filver'd Membrane, and enclos'd with a vifcid, glutinous Humour, of a whiti/h Co- lour, wherein the Seed naturally buds or germinates, and puts forth two Eyes. From this Juice it is, rhat the La- tins denominate the Plant Vfcum. The Fruit grows on different Branches from the Flowers.
That uncommon Soil, whereon the hhffthos grows, has occafion'd abundance of fabulous Notions both as to its Pro- duction and "Virtues.
Pliny and molt Naturalifts relate, that Thru/lies being exceedingly fond of the Berries ot the M;fl*eItoe ; they fwallow 'em, and caft 'em out again on the Branches of Trees where they ule to perch , and by this means give Occafion to anew Production of Mffeltoe. Ey cracking the Berries with their Bills, or Claws, they are fuppofed to let out the Vifcous Juice, which facilitates their Sticking : And hence that Proverb, Turdus fibi cacat Malum ; the Vifcum being fo me times ufed as Bird-Lime.
Mr. Bradley endeavours to refute the popular Opinion of the Antients, that the Seeds of the Mijfeltoe could nor. ve- getate. Their endeavouring to propagate it in the Earth without fuccefs, he takes to have led them into the Error : And afferts, that it may be propagated by Seed on any Tree whatever. The Method too is very eafy. About Chnjimas, when the Berries are full ripe, you need only apply them on the fmooth Bark of any Tree ; the vifcid Juices they are encompafs'd withal, will make them (tick 5 and, provided the Birds do not devour the Seed, you may, without any further Trouble, expeil a young Plant the following Year.
Others rather chufe to account for the Propagation of M-jjehoe from the Syllem hereatter advanced for that of MujbYooms. See Mushroom.
For the Virtues of Mijfeltoe, it feems of the m oft Effi- cacy in the Epilepfy ; againit which fome will have ir a Specific. Dr. Colbatch has wrote exprefly to prove it fuch. It is alfo prefcribed in Apoplexies, Lethargies, and Ver- tigos ; and wore about the Necks of Children to prevent Convulfions, and eafe the cutting of their Teeth.
Thebeft is the M'JJeltoe of the Oak h tho'it is not this which is commonly ufed, but that of the Apple or Pear- Tree. Mr. Bradley obferves, that there is no Variety in this Plant, but that the Leaves, Flowers, Fruit, $£>c. are all alike on whatever kind of Tree it grows: But others pretend to diftinguifti that of the Oak by feveral particulars.
The Virtues afcribed to the Miffthoe, may perhaps be the Remains of the Religious Honours paid it by the antient Gauls ; among whom the Druids, affembled conftantly on the firft Day of the Year, went in queft thereof with Hymns, and other Ceremonies and Rejoycings, distributing it again among the People, as a Thing facred, after having firft confecrated ir, crying An guy VAn iteuf, to proclaim the new Year. See Druids.
The Cry is ftill kept up at Picards, where they add Plantez, to wifli a plentiful new Year.
M. Perrault obferves, that the Mijfeltoe is full of a poi- fonous Juice, which weakens the Tree whereon it grows; and that the Fruit has always a difagreeable Tafte while it flicks on it.
MISSEN-M«/?of a Ship, is a Mafi, or round long piece of Timber, ftanding in the flernmoft part. See Mast.
Some great Ships require two Miffkns.
Next the Main-Maft, is the Ma'm-Mijfen 5 and that next the Poop, is call'd the Bonaventttre-Mijfen. When at Sea they ufe the Word Mijftn alone, they always mean the-SW, and not the Maft.
To change the Mijfen, is to bring the Miffen-Tard over to the other fide the Maft. To peck the M'tjjen, is to put rhe Mffen right up and down the Maft. To fpell the MJJen, &c.
MISSION, a Term in Theology ufed to fignify a Power or Commiflion to preach the Gofpel. Sje Gosp el.
Jefus
