Blue Flower

or ABBAYANCE, an obsolete Law-Term, whose precise Signification is not easily gather'd ; having been out of date as long ago as Littleton's Days.

That Author gives it, as his Sense of the Word, that to be in Abeyance is to be in the Entendement, Remembrance, & Consideration de la Loy : In which Sense, says he, the Right of Fee-simple is said to be in Abeyance.

He adds, Tiel Chose & Tiel Droit qui est dit en divers Livres etre en Abeyance est a tant a dire en latine, Talis res vel tale rectum quæ vel quod non est in homine ad tunc superstite, Sed tantummodo est, & constitit in Consideratione & Intelligentia Legis ; H$ quod alii dixerunt, talem rem, aut tale rectum sore in Nubibus.

or ABETTOR, in Law, one who incites, incourages, or sets another on to perform something criminal ; or some way seconds and assists him in the Performance it self.

Thus, they who procure others to sue out false Appeals of Felony, or Murder against Men, to render 'em infamous, are particularly denominated Abettors.

So, Abettors in Murder, are such as advise or procure a Murder to be committed, or are accessory thereto. See MURDER.

in Law, is us'd for the defeating or overthrowing of a thing, as a Writ, Appeal, or the like.

Thus the Abatement of a Writ, is the frustrating, or setting it aside, by some Exception alledg'd and made good against it. Such Exception may be taken either to the Matter, as insufficient ; or to the Allegations, as uncertain, e g. where one of the Parties or a Place are misnam'd ; or to some Variation between the Writ and Record ; or to the Uncertainty of the Writ, Count, or Declaration ; or to divers other Particulars. Upon any of which, the Desendant may pray that the Writ, or Plaint, may abate ; i.e. that the Plaintiff's Suit may cease for that time. See WRIT.

in the Roman Law, is a Term scarce us'd in any Enlish Writer ; tho our Dictionaries would pass it for English. Indeed, it is not very common among the Latins. The usual Term among them was Alienatio ; and in our Language Alienation. See ALIENATION.

a barbarous Latin Word, retain'd in our Dictionaries as a Law-Term, tho never yet naturaliz'd, nor its Idea agreed on.

Literally, it imports the same with Abigeus, or as others write it, Abigevus, or Abigens ; form'd of Abigo, I drive away, q. d. a Driver of Cattle.

Technically, it is us'd to denote a Thief ; but with something particular in the manner of his Crime, to distinguish it from Furtum, or common Theft. 'Tis generally suppos'd to be one who steals, or drives off Cattel by Herds, or great Numbers : Thus Bracton, L. iii. c. 6. Si quis suem surripuit, fur erit ; & si quis gregem, Abigevus. See THEFT.

  1. ABROGATION
  2. ABISHERSING
  3. AB-INTESTATE
  4. ABOLITION