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Glossary of Terms
A
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Accomptant - accountant.
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Action - formal procedure in
introducing and carrying through a court suit.
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Administration account - account of an
executor or administrator listing costs of
administration, payments to creditors, and
sometimes distribution to heirs.
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Administrator - In older
records, this is a person appointed to settle
estate of the deceased.
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Administratix - female
administrator.
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Affirmation - a solemn
statement, equivalent by law to an oath, but
without religious significance or reference to a
Supreme Being.
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Ague - recurring fever or
chills of malaria.
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Amanuensis - secretary.
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Amerced - fined.
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Amercement - a payment applied to both parties in a civil
suit for the privilege of using the courts, more especially to
discourage frivilous suits; the losing party paid both amercements. County
court amercements were thirty pounds of tobacco; those of the provincial
court were fifty pounds.
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Apoplexy - stroke.
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Artificer - soldier mechanic.
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Assignee - person to whom property has
been assigned.
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Assumpsit - a court suit filed when a
written or oral contract has been broken.
B
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Banns - publication or posting of the
announcement of a coming marriage, a period of
time before the actual marriage to allow advance
notice to those that might have reason to
protest. In most churches the banns were read
aloud on three successive Sundays.
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Bequest - a gift by will of personal
property.
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Bilious Fever - fever caused by
liver disorder.
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Bill of
complaint - a written statement
introduced by a plaintiff into court.
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Bill of sale - an instrument
transferring title to personal property from one
person to another.
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Bloody Flux - dysentery.
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Bolus - a medicinal dose, in the form of a round mass of medicine
larger than an ordinary pill.
C
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Calavances - dried beans or
pease used as army-stores, probably a corruption
of Spanish "garbanzos".
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Capias - a writ to take a person into
custody.
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Carner - granary keeper.
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Causa - a court suit.
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Caveat - an action used to prevent land
from being patented.
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Certiorari - see Writ of certiorari.
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Chancery - another term for equity.
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Chattels - articles of personal property.
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Circa - about (for example c. 1790).
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Citation - a writ commanding a
person's presence in court to perform a
specific action.
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Civil - court suit dealing with recovery
of private rights or compensation for their
infraction, such as nonpayment of debts or claims
for damages.
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Codicil - an addition or supplement to a
will.
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Common Recovery - a court
proceeding to break an entail.
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Complainant - another term for
plaintiff.
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Consort - spouse.
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Consumption - tuberculosis.
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Conveyance - transfer of title
to land from one person to another.
D
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De bonis non - concerning goods
not settled by preceding administrator.
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Decedent - a person who has died.
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Decree - final decision rendered in an
equity case.
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Dedimus potestatum - A legal procedure that
permitted one party to take and record the testimony of a
witness before trial, but only if that testimony might
otherwise be lost, as for example with a witness who was
terminally ill and might not live until the trial took place.
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Deed - an instrument transfering title
to land from one person to another.
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Deed of trust - An instrument
transfering title to real or personal property to
a trustee in order to secure repayment of money
or performance of other conditions.
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Demurrer - a pleading which acknowledges
facts presented but contends they are
insufficient to proceed further with the case.
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Deponent - the person who takes an oath
or affirmation.
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Deposition - sworn, written
testimony of a witness.
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Desperate debts -
uncollectable debts.
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Devise - a gift of land by will.
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Docket - an abbreviated agenda of court
proceedings, outlining papers filed and actions
taken.
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Dower right - The right of a
widow to a life estate in one-third of her
husband's real estate.
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Dropsy - swelling of tissue; congestive
heart failure.
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Duces tecum - a form of supoena requesting the
transfer to the court of a thing (i.e. a document
or some other object) to serve as evidence in a trial.
E
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Ejectment - Legal action to regain
possession and clear title to real property.
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Electuary - A medicine usually consisting of a
powder mixed with syrup or honey to form a pasty mass.
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Emolument - refers to all wages, benefits, or other benefit
received as compensation for holding some office or employment.
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Enfeoff - to transfer land.
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Entail - to transfer land with restrictions, usually only
to male heirs.
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Equity - court suit involving a matter
needing an equitable solution, which cannot be
decided on the basis of common or statute law,
such as settlement of an estate or divorce.
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Escheat - Reversion of land to the state
(and in colonial Maryland, to Lord Baltimore) for
want of heirs.
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Essoyned - Essoin, Essoign. An excuse for not
appearing in court at the return of the process; presentation of such excuse.
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Estate - the interest anyone has in
lands or other property; property composing the
assets of a decedent or a ward.
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Estrays - cattle of unknown owners.
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Et
al - "and others"
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Et
ux - "and wife"
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Execution - process of carrying into
effect a court judgment or decree.
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Executor - appointed by testator
(deceased) to carry out the direction and request
of his will.
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Executrix - a female executor.
F
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Farrier - horse doctor; blacksmith who
shoes horses.
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Febrifuge - a medication that reduces fever; acting
to reduce fever (adj.).
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Fee simple - unencumbered title
to land, clear of restriction or conditions.
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Femme Covert - married woman.
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Femme Sole - single woman.
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Fire-ship - prostitute.
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Fieri facias - a writ directing
property to be seized and sold in order to
satisfy a judgement against a debtor.
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Folio - page.
G
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Glebe - church land.
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Grant - conveyance of right to land,
particularly from the proprietor to others.
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Grantee - person to whom land is deeded.
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Grantor - person who deeds land.
H
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Hundreds (Hds.) - an old
English term for land division equaling a land
area of less than a county or shire but larger
than a town or parish.
I
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Imparlance - time granted by
a court to respond to allegations.
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In
carads - encourages.
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Instrument - legal document.
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Intestate - person who dies
without making a will.
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Inventory - detailed list of articles or
property of a decedent with estimated value.
J
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Jeofail - an error or oversight in pleading;
the acknowledgement of such an error.
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Judgment - decision of the court
after a case is heard, used particularly in reference to
a civil case.
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Jurat -
to swear. The certificate signed and sealed by a
notary which is affixed below the sworn or affirmed
statement and signature of the deponent.
K
L
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Legatee - a person who recieves
personal property by will.
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Letters of Administration
(LTA) - formal instrument appointing an
administrator to settle an estate.
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Letters Testamentary - authorization
granted by a court to administer the estate of a
testator.
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Liber -
book.
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Locus Sigili - in the place of the seal.
M
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Manucaption - actual bodily possession.
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Manumission - act of freeing a person from
bondage.
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Melilot - or Sweet Clover, a fabaceous (bean-like)
member of the genus Melilotus.
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Moiety - one-half.
N
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Nemine Contradicente - unanimously; without dissent.
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Next
Friend - a person who acts for the benefit of a
minor or married woman in a court suit.
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Next
of Kin - persons most nearly related to a
decedent by blood.
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Non Compos Mentis - not of sound mind.
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Nuncupative - description of a will orally
created, not written.
O
P
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Palatine - These were inhabitants of the
Palatinate of the Rhine, which was ravaged and almost
depopulated by the French armies in 1688 and the
following years. For further details see page 10 of the
preface in Volume 27.
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Patent
- a grant of priveleges; in Maryland records, a grant of
title to land from the proprietor or the state.
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Perch -
land measurement equaling 16.5 feet.
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Plaintiff -a person who files suit in court.
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Plant shavers - tobacco cutters.
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Probate - the act or process of proving a will;
a general term referring to administration of a
decedent's estate.
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Prothonotary - Clerk of the Court.
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Prout petitor - as is asked.
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prt
pet - contraction for "prout petitur".
Q
R
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Relict
- widow or widower.
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Renunciation - act by which a person abandons
rights to serve as an executor, etc.
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Replevin - an action to recover property taken
unlawfully.
S
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Scire Facias - a writ to revive or renew a
judgement.
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Skiddaw - imported cloth, known by the name of the area
of Cumbria in which it was produced.
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Sperate Debts - collectable debts.
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Stilliards (Steelyards) - a portable balance with two unequal arms,
the longer with a movable counterpoise, and the shorter with a hook or
similar device for holding the object to be weighed.
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Summons - a writ notifying a person that legal
action has been commenced against him or her.
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Sudorific - causing or increasing sweat.
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Supersedeas - a suspension of legal proceedings.
T
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Tenant
- in the broad sense a person who possesses land; in a
restricted sense one who rents land.
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Testator - one who dies leaving a will.
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Testatrix - female testator.
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Testamento - will.
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Testatum Fi
Fa - a writ for Sheriff to levy judgment against
a debtor.
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Testimony - verbal or written
evidence given by a witness in court proceedings.
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Theriaca Andromachi - an antidote for poison, prepared by mixing
pulverized drugs with honey to form an electuary. Named for
Andromachus, the Greek physician of Roman emporer Nero, who is credited with
inventing the antidote.
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Tomusts and woull - ?
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Trespass on the Case - court action
taken to recover damages inflicted without force by the
defendant, often used for the collection of debts.
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Trust -
an estate held by one person for the benefit of another.
U
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Ut
Supra - and above.
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Uxor -
wife.
V
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Voucher - receipt, acquittance, or release which
serves as evidence of payment or discharge or a debt.
W
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Ward - a
person, usually a minor, placed under the care of a
guardian.
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Warrant - a writ directing an official to take
certain action.
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Writ -
legal document issued by a court ordering or prohibiting
an action.
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Writ of certiorari -
a discretionary writ issued by an appellate court requiring
a lower court to deliver a case record for review. Often shortened to
'cert' (e.g. "the Court granted cert").
X
Y
Z
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