KFLCC Kingdom Law 2nd Ed.

DE FIDE ET OFFICIO JUDICIS

325

DE HOMINE REPLEGIANDO

DE GRATIA. Of grace or favor, by fa vor. De speciali gratia, of special grace or favor. De gratia speciali eerta scientia et mero xnotn, talis clausula non valet in his in quibus prsesnmitur principem esse ignorantem. 1 Coke, 53. The clause "of our special grace, certain knowledge, and mere motion," is of no avail in those things in which it is presumed that the prince was ignorant De grossis arboribns decimse non da buntur sed de sylvia csedna decimse da buntur. 2 Rolle, 123. Of whole trees, tithes are not given; but of wood cut to be used, tithes are given. DE HSREDE DELIBERANDO HXI QUI HABET CUSTODIAM TEKRBl. Writ for delivering an heir to him who has ward ship of the land. A writ directed to the sheriff, to require one that had the body of him that was ward to another to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161. DE H2EREDE RAPTO ET ABDUCTO. Writ concerning an heir ravished and car ried away. A writ which anciently lay for a lord who, having by right the wardship of his tenant under age could not obtain his body, the same befng carried away by an other person. Reg. Orig. 163;Old Nat Brev. 93. DE HffiRETICO 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 ancient 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 WITHER NAM. (Lat. For taking a man in wither nam.) A writ to take a man who had car ried away a bondman or bondwoman into another country beyond the reach of a writ of replevin. DE HOMINE REPLEGIANDO. (Lat For replevying a man.) A writ which lies to replevy a man out of prison, or out of the custody of a private person, upon giving se curity to the sheriff that the man shall be forthcoming to answer any charge against him. Fitzh. Nat. Brev. 66; 3 Bl. Comm. 129. This writ has been superseded almost wholly, in modern practice, by that of habeas corpus; but it is still used, in some of the states, in an amended and altered form. See 1 Kent Comm. 404n; 34 Me. 136.

juris, sive facti. Concerning the fidelity and official conduct of a judge, no question is [will be] entertained; but [only] concern ing his knowledge, whether the error [com mitted] be of law or of fact. Bac. Max. 68, reg. 17. The bona fides and honesty of pur pose of a judge cannot be questioned, but his decision may be impugned for error either of law or fact. Broom, Max. 85. The law doth so much respect the certainty of judg ments, and the credit and authority of judges, that it will not permit any error to be as signed which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either of the law, or of the case and matter of fact. Bac Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict for the plaintiff, where the jury gave it for the defendant. Fitzh. Nat Brev. 20, 21; Bac. Max. ubi. supra; Hardr. 127, arg. DE FIDEI LJESIONE. Of breach of faith or fidelity. 4 Reeve, Eng. Law, 99. DE FINE FORCE. L. Fr. Of necessity; of pure necessity. See FINE FOECE. DE FINE NONCAPIENDO PROPUL CHRE FLACITANDO. A writ prohibiting the taking of fines for beau pleader. Reg. Orig. 179. DE FINE PRO REDISSEISINA CA PIENDO. A writ which lay for the release of one imprisoned for a re-disseisin, on pay ment of a reasonable fine. Reg. Orig. 222ft. Concerning fines levied. The title of the statute 27 Edw. I. requiring fines thereafter to be levied, to be read openly and solemnly in court 2 Inst 521. MARITAGII. Writ of forfeiture of marriage. Reg. Orig. 163, 164. DE FRANGENTIBTTS PRISONAM. Concerning those that break prison. The title of the statute 1 Edw. II. ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaking prison only, unless the cause for which he was taken and imprisoned required such a judgment if he was lawfully convict ed thereof. 2 Reeve, Eng. Law, 290; 2 Inst 589. DE FURTO. Of theft One of the kinds of .criminal appeal formerly in use in Eng land. 2 Reeve, Eng. Law, 40. DE GESTU ET FAMA. Of behavior and reputation. An old writ which lay in cases where a person's conduct and reputation were impeached. DE FINIBUS LEVATIS. DE FORISFACTURA