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by driving them so that he may take and plunder them.
And abigeatus is a capital crime, Codex De abigeis, law "unica". And the greatest orator among the Greeks, Demosthenes, poses a dilemma between a thief and a cattle-thief, saying that he who steals one single beast is a thief and will be coerced as a thief. But he who steals a whole herd is a cattle-thief and will be held for the crime of cattle-theft.
Abigere (to drive away) is to push away from oneself, or to exercise the crime of cattle-theft, as was mentioned before.
Abintestato (intestate) means without a will.
Abduci (to be led away) is to be separated from the truth. Whence the Apostle: "Do not be led away by various and strange doctrines" referring to Hebrews 13:9.
Abolicio (abolition) is the perpetual end of an instituted accusation, or an absolution by which the name of someone else, having been accused with all registration already made, is totally abolished, remitting the necessity of accusing. And it can be obtained from the prince or the judge by the one who had instituted some accusation, in which he had registered himself. For such a person cannot desist without infamy unless he has obtained an absolution. But when such a one obtains it and desists, it is rightly done so that that which was begun by the accuser is deleted. And abolition is twofold, namely general and special. Concerning the general, it is held in the Codex De abolitionibus generalibus, last law. Also Digest De abolitionibus, law "Abolitio". And by this the accused is exempted who does not fall into the turpillianum a criminal charge for a false accuser if he does not accuse the accused. Digest De abolitionibus criminum, law "Iterum eriter". And if within 30 days after a general abolition the cause proposed cannot be proven, he cannot return to it, Codex De abolitionibus generalibus, law 1.
Abortivus (aborted) is a child or other fetus born before the due time. And it is called so because it does not arise but is "aborted" and falls away, according to Isidore, Book X. And a woman who thus aborts is called a homicide by occasion, 32, question 2, "Ad vos" citing Decretum Gratiani, and Moses, Exodus, 87, distinction "Si expositus" referring to Canon law. And Paul mentions himself as one born out of due time (an abortive), 1 Timothy 1, and 23, question 4, "In praesenti de celebratione missarum", chapter "Cum Marthe", verse "sane". Otherwise, he who aborts is not a homicide if it is an embryo, 32, question 2, chapter "Quod non formatum". And concerning homicide, chapter "Si aliquis". Nor does such a one contract irregularity regarding promotion unless he kills a man who is already animated, De homicidio, chapter "Sicut".
from the letters
Aborsus (abortion) below under the letter B, De homicidio, chapter "Si aliquis".
Abpatruus (great-great-paternal uncle) is the brother of a great-great-grandfather or great-great-grandmother.
Abze means without cause, as it is held in the law "Si quis suo persuaserit", Codex De furtis, and in the law "Consentaneum" referring to titles in the Codex.
Abrogare (to abrogate) is to destroy or delete entirely. Whence a law is called "abrogated" when it is totally lifted or destroyed. But it is "derogated" when it is lifted in part or withdrawn from, Digest De verborum significatione, law "Derogare". And also, furthermore, "to abrogate" is to add something. And a law is abrogated for seven causes, as noted in distinction 4, paragraph "Is a si legibus". First, by a contrary custom which is known to the prince, distinction 4, "Leges". Second, by a contrary constitution, distinction 31, "Antiqua triennio". Third, by the cessation of the cause, distinction 61, "Ne fidus". Fourth, by the variety of places, distinction 31, "Aliter". Fifth, by the excessive rigor of the canon, distinction 34, "Fraternitatis". Sixth, if it has a malignant occasion for sins, 16, question 1, "Legis". Seventh, because of the evil following from it, distinction 63, "Verum". But whether an abrogated law can be cited, see the gloss, 8, chapter "Novit de iudiciis". And [consider] whether the people can abrogate a canon which it cannot create. The solution is by the express consent of the Pope, from the chapter "Cum iam dudum". Or it is called a rational and prescribed custom [which] also lifts [the law], and [see] Consuetudine, chapter "finis". Also without the knowledge of the prince, because it would be difficult to know all customs, as in the gloss, word "abrogare", chapter "In istis", distinction 4.
Absencia (absence) is fivefold. And when someone is restored to their former state on the pretense of absence, see the gloss, law "finis", Digest De in integrum restitutione. Also, some absence is necessary, some probable, some honest or voluntary. Necessary, as for the cause of the state or by the mandate of the prince, to which one is assisted by in integrum restitutio, Digest Ex quibus causis maioribus, law 1 and law "Nec non". Probable absence, as for the cause of studies or trade. Or voluntary, as of pilgrimage; if the absent one did not leave a proxy, he is not assisted as easily, as in the law "Nec non" and the following. But an absent person will not be heard for contumacy, as in Codex Quando appellationes non recipiantur, law 1.
Absens (absent) is properly called he who is outside the province.