KFLCC Kingdom Law 2nd Ed.

327

DE MODERATA MISERICORDIA

DB LIBERA FALDA

DE MANUTENENDO. Writ of main tenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 189, 1826. DE MEDIETATE LINGU2E. Of the half tongue; half of one tongue and half of another. This phrase describes that species of jury which, at common law, was allowed in both civil and criminal cases where one of the parties was an alien, not speaking or understanding English. It was composed of six English denizens or natives and six of the alien's own countrymen. DE MEDIO. A writ In the nature of a writ of right, which lay where upon a subin feudation the mesne (or middle) lord suffered his under-tenant or tenant paravail to be distrained upon by the lord paramount for the rent due him from the mesne lord. Booth, Real Act. 136. DE MELIORIBUS DAMNIS. Of or for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have 'been assessed separately) he will take judgment. 1 Arch. Pr. K. B. 219; Knickerbacker T. Colver, 8 Cow. (N. T.) 111. DE MERCATORIBUS. "Concerning mer chants." The name of a statute passed in the eleventh year of Edw. I. (1233,) more commonly called the "Statute of Acton Bur nel," authorizing the recognizance by statute merchant. See 2 Reeve, Eng. Law, 160-162; 2 Bl. Comm. 161. De minimis non curat lex. The law does not care for, or take notice of, very small or trifling matters. The law does not con cern itself about trifles. Cro. Eliz. 353. Thus, error In calculation of a fractional part of a penny will not be regarded. Hob. 88. So, the law will not, in general, notice the fraction of a day. Broom, Max. 142. DE MINIS. Writ of threats. A writ which lay where a person was threatened with personal violence, or the destruction of his property, to compel the offender to keep the peace. Reg. Orig. 886, 89; Fitzh. Nat Brev. 79, G, 80. DE MITTENDO TENOREM RECOR DI. A writ to send the tenor of a record, or to exemplify It under the great seal. Reg. Orig. 2206. DE MODERATA MISERICORDIA CA PIENDA. Writ for taking a moderate amercement. A writ founded on Magna Charta, (c. 14,) which lay for one who was excessively amerced in a court not of record, directed to the lord of the court, or his bail-

neighbors In any parish, in public or private places, to their annoyance. Reg. Orig. 267; Fitzh. Nat Brev. 234, E; New Nat Brev. 521. DE LIBERA FALDA. Writ of free fold. A species of quod permittat. Reg. Orig. 155. DE LIBERA PISCARIA. Writ of free fishery. A species of quod permittat. Reg. Orig. 155. DE LIBERO PASSAGIO. Writ of free passage. A species of quod permittat. Reg. Orig. 155. Writ for proving liberty. A writ which lay for such as, being demanded for villeins or niefs, offered to prove themselves free. Reg. Orig. 876; Fitzh. Nat Brev. 77, F. DE LIBERTATIBUS ALLOCANDIS. A writ of various forms, to enable a citizen to recover the liberties to which he was en titled. Fitzh. Nat. Brev. 229; Reg. Orig. 262. TRANSFRETANDI. Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, com manding them to permit the persons named in the writ to cross the sea from such port, on certain conditions. Reg. Orig. 1936. DE LUNATTCO INQUIRENDO. The name of a writ directed to the sheriff, di recting him to inquire by good and lawful men whether the party charged is a lunatic or not DE MAGNA ASSISA ELIGENDA. A writ by which the grand assise was chosen and summoned. Reg. Orig. 8; Fitzh. Nat Brev. 4. De majori et minori nou, variant jura. Concerning greater and less laws do not vary. 2 Vern. 552. DE MALO. Of illness. This phrase was frequently used to designate several species of essoin, (q. v.,) such as de malo lecti, of illness in bed; de malo veniendi, of illness (or misfortune) in coming to the place where the court sat; de malo villw, of illness in the town where the court sat. DE MANUCAPTIONE. Writ of man ucaption, or mainprise. A writ which lay for one who, being taken and imprisoned on a charge of felony, had offered bail, which had been refused; requiring the sheriff to discharge him on his finding sufficient main pernors dr bail. Reg. Orig. 2686; Fitzh. Nat Brev. 249, G. DE LIBERTATE PROBANDA DE LICENTIA