英文法律词典 D-12

DE JUDAISMO, STATUTUM. The name of a statute¹ passed in the reign² of Edw. I., which enacted³ severe and absurd penalties against the Jews. Barr. on Stat. 197.

2. The Jews were exceedingly oppressed during the middle ages throughout Christendom, and, are so still in some countries. In France, a Jew was a serf, and his person and goods belonged to the baron⁴ on whose demesnes he lived. He could not change his domicil without permission of the baron, who could pursue him as a fugitive⁵ even on the domains⁶ of the king. Like an article of commerce, he might be lent or hired for a time, or mortgaged. If he became a Christian⁷, his conversion⁸ was considered a larceny⁹ of the lord, and his property and goods were confiscated¹⁰. They were allowed to utter their prayers only in a low voice and without chanting. They were not allowed to appear in public without some badge or mark of distinction. Christians¹¹ were forbidden to employ Jews of either sex as domestics, physicians or surgeons. Admission to the bar was forbidden to Jews. They were obliged to appear in court in person, when they demanded justice for a wrong done them, and it was deemed disgraceful to an advocate to undertake the cause of a Jew. If a Jew appeared in court against a Christian, he was obliged to swear by the ten names of God, and invoke¹² a thousand imprecations against himself, if he spoke¹³ not the truth. Sexual intercourse¹⁴ between a Christian man and a Jewess was deemed a crime against nature, and was punishable with death by burning. Quia est rem habere cum cane¹⁵, rem habere a Christiano cum Judaea quae CANIS reputatur - sic comburi debet. 1 Fournel, Hist. des Avocats, 108, 110. See Merlin, Repert. au mot Juifs.

3. - In the fifth book of the Decretals, it is provided, that if a Jew have a servant that desireth to be a Christian, the Jew shall be compelled to sell him to a Christian for twelve pence that it shall not be lawful¹⁶ for them to take any Christian to be their servant that they may repair their old synagogues, but not build new - that it shall not be lawful for them to open their doors, or windows on good Friday; that their wives neither have Christian nurses, nor themselves be nurses to Christian women - that they wear different apparel from the Christians, whereby they may be known, &c;See Ridley's View of the Civ. and Eccl Law, part 1, chap. 5, sect¹⁷. 7 and Madox Hist. of the Exchequer¹⁸, Index, as to their condition in England.

DE JURE, by right. Vide De facto.

DE LUNATICO INQUIRENDO. The name of a writ¹⁹ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is, a lunatic or not. See 4 Rawle, 234; 1 Whart. 52; 5 Halst. 217; 6 Wend. 497.

DE MEDIETATE LINGUAE. Of half tongue. Vide Medietas linguae.

DE MELIORIBUS DAMNIS. Of the better damages. When a plaintiff has sued several defendants²⁰, and the damages have been assessed severally against each, he has the choice of selecting the best, as he cannot recover the whole. This is doue by making, an election de melioribus damnis.