KFLCC Kingdom Law 2nd Ed.

-dESTIMATIO CAPITIS

46

AFFIDAVIT

born. Spelman; Glanv. lib. 7, c. 3; Fleta, lib. 2, c. 66, §§ 5, 6. JESTIMATIO CAPITIS. In Saxon law. The estimation or valuation of the head; the price or value of a man. By the laws of Athelstan, the life of every man not except ing that of the king himself, was estimated at a certain price, which was called the were, or wstimatio capitis. Crabb, Eng. Law, c. 4. 2Estimatio prseteriti delicti ex post remo facto nnuqnam crescit. The weight of a past offense is never increased by a sub sequent fact. Bacon. 2ETAS. Lat In the civil law. Age. —JEtas infantiae prozima. The age next to infancy; the first half of the period of child hood, (pueritia,) extending from seven years to ten and a half. Inst 3, 20, 9; 4 Bl. Comm. 22. —iEtas legitima. Lawful age; the age of twenty-five. Dig. 3, 5, 27, pr.; Id. 26, 2, 32, 2; Id. 27, 7, 1, pr.—^tas perfecta. Complete age; full age; the age of twenty-five. Dig. 4, 4, 32; Id. 22, 3, 25, 1.— 2Etas prima. The first age; infancy, (infantia.) Cod. 6, 61, 8, 3. —2Etas pnbertati prozima. The age next to puberty; the last half of the period of child hood, (pueritia,) extending from ten years and a half to fourteen. Inst. 3, 20, 9; 4 Bl. Comm. 22. A writ which inquired whether the king's tenant holding in chief by chivalry was of full age to receive his lands. It was directed to the escheater of the county. Now disused. iETATE PROBANDA. .XTHELING. In Saxon law. A noble; generally a prince of the blood. AFFAIRS. A person's concerns in trade or property; business. Montgomery v. Com., 91 Pa. 133; Bragaw v. Bolles, 51 N. J. Eq. 84, 25 Atl. 947. AFFECT. To act upon; influence; change; enlarge or abridge. This word is often used in the sense of acting injuriously upon per sons and things. Ryan v. Carter, 93 U. S. 84, 23 L. Ed. 807; Tyler v. Wells, 2 Mo. App. 538; Holland v. Dickerson, 41 Iowa, 373; United States v. Ortega, 11 Wheat. 467, 6 L. Ed. 521. Affectio tua nomen imponit operi tuo. Your disposition (or intention) gives name (or character) to your work or act. Bract, fol. 26, 101&. AFFECTION. The making over, pawn ing, or mortgaging a thing to assure the pay ment of a sum of money, or the discharge of some other duty or service. Crabb, Technol. Diet. AFFECTUS. Disposition; intention, im pulse or affection of the mind. One of the causes for a challenge of a juror is propter

affectum, on account of a suspicion of Mat or favor. 3 Bl. Comm. 363; Co. Litt. 156. Affectus pnxtitnr licet non sequatnr effectus. The intention is punished although the intended result does not follow. 9 Coke, 55. AFFEER. To assess, liquidate, appraise, fix In amount. To affeer an amercement. To establish the amount which one amerced in a court leet should pay. To affeer an account. To confirm it on oath in the exchequer. Cowell; Blount; Spelman. Persons who, In court leets, upon oath, settle and moderate the fines and amercements imposed on those who have committed offenses arbitrarily punishable, or that have no express penalty appointed by statute. They are also appointed to moder ate fines, etc., in courts-baron. Cowell. L. Fr. To let to farm. Also to make sure, to establish or confirm. Kelham. A plighting of troth be tween man and .woman. Litt. § 39. An agreement by which a man or woman prom ise each other that they will marry together. Poth. Traite du Mar. n. 24. AFFIANT. The person who makes and subscribes an affidavit. The word is used, in this sense, interchangeably with "depo nent" But the latter term should foe re served as the designation of one who makes a deposition. To swear faith to; to pledge one's faith or do fealty by making oath. Cowell. To be mustered and en rolled for soldiers upon an oath of fidelity. AFFIDATIO. A swearing of the oath of fidelity or of fealty to one's lord, under whose protection the quasi-vassal has voluntarily come. Brown. AFFIDATIO DOMINORUM. An oath taken by the lords in parliament AFFIDATITS. One who is not a vassal, but who for the sake of protection has con nected himself with one more powerful. Spelman; 2 Bl. Comm. 46. AFFIDAVIT. A written or printed dec laration or statement of facts, made volun tarily, and confirmed by the oath or affirma tion of the party making it, taken before an officer having authority to administer such oath. Cox v. Stern, 170 111. 442, 48 N. Bl AFFEERORS. AFFERMER. AFFIANCE. AFFIDARE. AFFIDARI.