Abjure - Law Dictionary Search Results
Home Dictionary Name: abjureAbjuration
Abjuration, means a renouncing by oath, Black Law Dictionary, 7th Edn., p. 5.Abjuration [fr. abjuro, Lat.], a forswearing or renouncing by oath. To abjure is to retract, recant or abnegate a position on oath. 'Abjuration of the realm,' in the old law, signified an oath taken by a person accused of crime who had claimed sanctuary (see that tile) to forsake the realm for ever. It was abolished by 12 Jac. 1, c. 28.The oath of abjuration (introduced by 13 Wm. 3, c. 16, and altered by 6 Geo. 3, c. 53) had to be taken by every person entering upon any public office or trust. By this he renounced the Pretender (the son of James II.) and recognized the right of Her Majesty, under the Act of Settlement (q.v.), engaging to support her, and promising to disclose all treasons and traitorous conspiracies against her, Staunforde Pl. C. b. 2, c. 40. By 21 & 22 Vict. C. 48, one form of oath was substituted for the oaths of allegiance, supremacy, and abjuration. For this form another was substituted by...
abjure
abjure ab·jured ab·jur·ing [Latin abjurare, from ab- off + jurare to swear] : renounce ;specif : to disclaim formally or renounce upon oath [solemnly s his allegiance to his former country] ab·ju·ra·tion [ab-jə-rā-shən] n ...
Abjure
Abjure, means to renounce formally or on oath, Black Law Dictionary, 7th Edn., p. 5....
Sanctuary
Sanctuary, privilege of, existed in England from a period commencing soon after the conversion of the Saxons to Christianity. Its effect was that a person accused of any crime except treason or sacrilege might by flying to any church or churchyard, or even to certain other places in Westminster, Wells, Norwich, or York, or in London to Whitefriars or the Savoy, within forty days, on confession and taking oath of abjuration of the realm (see ABJURATION), escape to a foreign country, under the disability of not being able to return without the royal licence. If arrested during the forty days, he might put in the plea of Sanctuary. The privilege extended to civil as well as criminal process, but was attended by attainder of blood and forfeiture of goods.Sanctuary and abjuration were abolished in 1625 by 21 Jac.1, c. 21, after having been restricted by 26 Hen. 8, c. 13, 27 Hen. 8, c. 19, and 39 Hen. 8, c. 12.Means an area declared as a sanctuary by notification under the provisions of Chap...
Abjuratio et Juramentum Latronum
Abjuratio et Juramentum Latronum, the oath which had to be taken by a thief who had claimed sanctuary and wished to escape punishment by abjuring the realm. See ABJURATION....
Deportation
Deportation, transportation; exile in to a remote part of the kingdom, with prohibition to change the place of residence. The (English) Penal Servitude Acts, 1853 (16 & 17 Vict. c. 99), and 1857 (20 & 21 Vict. c. 3), substituted terms of penal servitude for transportation sentences for less than fourteen years, and the latter Act abolished transportation entirely. See TRANSPORTATION. Exile, an abjuration, which is a deportation for ever into a oreign land, was anciently with us a civil death. Compare the power of making an expulsion order or deportation order under Order of the Secretary of State, under the (English) Aliens Restriction Acts, 1914 (4 & 5 Geo. 5, c. 12), and 1919 (9 & 10 Geo. 5, c. 92). See ALIEN, and Re Goldfarb, (1936) 52 TLR 254....
H'retico comburendo, De
H'retico comburendo, De, an ancient common law writ against a heretic, who having been convicted of heresy by the bishop, abjured it, and afterwards fell into the same again, or some other, and was thereupon delivered over to the secular power in order that he might be burnt to death.-See Fitz. N.B. 269; Lely's Church of England Position, 179; 2 Hen. 4, c. 15; 1 & 2 P. & M. c. 6; 31 Hen. 8, c. 14. By 1 Eliz. c. 1, s. 6, all statutes relating to heresy were repealed, though somehow two men were burnt in her reign and two under James I. by 29 Car. 2, c. 9, s. 1, the writ de h'retico comburendo was abolished, but with a saving for the jurisdiction of Protestant archbishops or bishops or any other judges of any ecclesiastical courts to punish, according to his Majesty's ecclesiastical laws, 'atheism, blasphemy, heresy, or schism and other damnable doctrines and opinions by excommunication, deprivation, degradation, and other ecclesiastical censures not extending to death'in such sort and n...
Nemo apatriam in qua natus est exuere nec ligenti' debitum ejurare possit
Nemo apatriam in qua natus est exuere nec ligenti' debitum ejurare possit. Co. Litt. 129, (No man can disclaim the country in which he was born, nor abjure the bond of allegiance.) But see EXPATRIATION and ALIEN....
Parentela
Parentela, or de parentel' se tollere, signified a renunciation of one's kindred and family. This was, according to ancient custom, done in open Court, before the judge, and in the presence of twelve men, who made oath that they believed it was done for a just cause. We read of it in the laws of Henry I. After such abjuration, the person was incapable of inheriting anything from any of his relations, etc....
Relegation
Relegation, exile; judicial banishment.Abjuration, i.e., a deportation for ever into a foreign land, is a civil death; relegation is banishment for a time only, Co. Litt. 133 a. In Rome, relegation was a less severe punishment than deportation, in that the relegated person did not thereby lose the rights of a Roman citizen, nor those of his family, as the authority of a father over his children, etc, Sand. Just....
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