Q U A 



The term is borrowed from the French quarentain ; and is 

 fometimcs ufcd for tlie time of Lent. 



QuARANTAiy of the King, in France, denotes a truce of 

 forty days appointed by St. Louis, during which time it 

 was exprefsly forbidden to take any revenge of tlie relations 

 or friends of people who had fought, wounded, or aflronted 

 each other m words. 



QUARANTAIN, or Qiiarc/itine, is more particularly ufed 

 for the ti-rm of forty days, which vellels, connng from 

 places fufpefted of contagion, are obliged to wait in cir 

 tain places appointed to air themfelves before they come 

 into port. 



By the ftat. 26 Geo. IL cap. 6. explained and amended 

 by 29 Geo. IL cap. 8. tlie method of performing quaren- 

 tine, or forty days probation, by fhips coming from foreign 

 countries, is put in a much more regular and effeftual order 

 than formerly ; and matters of fhips coming from infefted 

 places, and difobeying the direftions there given, or having 

 the plague on board, and concealing it, are guilty of felony 

 without benefit of clergy. The fame penalty alfo attends 

 perfonsefcaping from the lazarettos, and officers and watch- 

 men neglefting their duty, and perfons conveying goods or 

 letters from fhipo performing quarantine. Se Plagle. 



In cafts of infurance, before the rifle on a lliip can be faid 

 to be completely ended, flie mufl not only have been 24 hours 

 moored at anchor in her port of delfination, but fhe muft 

 have been during that time \n good fafety, in the fullefl fenfe 

 of thofe words. If, therefore, the fhip be obliged to per- 

 form quarantine, this does not end the voyage. The voyage 

 only ends when the fhip is arrived at her port of dellination, 

 and is there moored 24 hours in good fafety. Accordingly, 

 if the fhip, before the 24 hours are expired, be ordered to 

 the proper place for performing quarantine, the rifle con- 

 tinues, though fhe do not leave her moorings till long after 

 the 24 hours are expired. See Risk. 



Quarantain alfo denotes certain duties impofed upon 

 {hips, for the purpofes of quarantine. 



Quarantain, Quarantine, or Quarentine, Quarentena, in 

 Law, denotes a benefit allowed by the laws of England to 

 the widow of a man dying feifed of land ; by winch fhe may 

 challenge to contniue in his capital meiluage, or chief man- 

 fion-houfe (fo it be not a caflle], for the Ipace of 40 days 

 after his deceafe ; during which time her dower fliall be af- 

 figned. The particular lands to be held in dower m.ufl be 

 alligned by the heir of the hufband, or his guardian. Co. 

 Liit. 34, 35. 



If the heir, or any other perfon, attempt to ejeft her, 

 (lie may have the writ de quaranlena halenda ; which lies for 

 a widow to enjoy her quarantain. 



QuARAN'i'AiN is alfo ufed for a meafure or extent of land, 

 containing 40 perches. 



QUARANTARIA, in Geography, a high mountain 

 between Jerufalem and Jericho ; which, as tradition fays, 

 is the mountain to which our bleffcd Saviour was taken by 

 the devil, when he tempted him with the vifionary fcene of 

 all the kingdoms and glories of the world. This is, as St. 

 Matthew Ityles it, an exceeding high mountain, and not 

 only dif-ficult, but dangerous, of al'cent. It has a fmall 

 chapel at the top, and another about half-way of its afcent, 

 founded upon a prominent part of the rock. Near this 

 latter are fevcral caves and holts in the fide of the mountain, 

 made ufe of anciently by hermits, and by fome in later 

 times, for places in which they kept their Lent ; in imitation 

 of that of our bleffed Saviour. In mofl of thefe grots 

 Maundrell found certain Arabs quartend with fire-arms, 

 who obflrufted his afcent, demanding 200 dollars for leave 

 to go up the mountain. He and his companions, fays the 



10 



QUA 



traveller, departed without farther trouble, not a little glad 

 to have fo good an excufe for not climbing fo dangerous a 

 precipice. Maundrell's Journey, &c. p. 80. 



QUARANTIA, in the Venetian Po/ily, a court of 

 judicature compoled of forty judges. 



Ttie Venetians have an old civil quarantia, a new civil 

 quarantia, and a criminal quarantia. 



The criminal quarantia takes cognizance of all crimes 

 except thofe- againll the Itate, whicii belongs to the council 

 cxf ten. The new civil quarantia judges of appeals made 

 from fcktences made by judges out ot the city. The old 

 civil quarantia takes cognizance of appeals from fenteiices 

 of fubaltern judges in tiiat city. 



QUARARIBEA, iu Botany. See MvKomA. 



QUARE c/aiifum /regit, in Law. See QliW^VM f regit. 



Ql'ARE ejecit infra termimim, a writ which lieth, by the 

 ancient law, where the wrongdoer or ejeftor is not himfelf 

 in pofTefTion of the lands, but another who claims under 

 him. As where a man leafeth lands to another for years, 

 and, after, the lefTor or reverfioner entereth, and maketh a 

 feoffment in fee, or for life, ot the fame lands to a ftranger : 

 now the lefiee cannot bring a writ of ejeciione Jirma, or eject- 

 ment, again 11 the feoffee ; becaufe he did not eject him, but 

 the reverfioner : neither can he have any fuch aftion to re- 

 cover his tei-m againft the reverfioner, who did oult him ; 

 becaufe he is not now in pofTefTion. And upon that account 

 this writ was deviled, upon the equity of the ftatute 

 Weltm. 2. c. 24. as in a cafe where no adequate remedy 

 was already provided. And the aftion is brought againll 

 the feoffee for deforcing, or keeping out, the original lefTee 

 during the continuance of his term : and herein, as in the 

 ejeftment, the plaintiff fhall recover fo much of the term as 

 remains ; and alio fhall have adtual damages for that portion 

 of it, whereof he has been unjultly deprived. But fince the 

 introduction of fictitious ou Iters, whereby the title may be 

 tried againll any tenant in pofieffion, (by what means fo- 

 ever he acquired it,) and the fubfequent recovery of da- 

 mages by adlion of trefpafs for melne profits, this aCtion is 

 fallen into dilnfe. See Ejec'HONE Firmie. 



Qua RE impedit, a writ which lies for him who has pur- 

 chafed an advowfun, againil him that dilturbs him in the 

 right of it, by prefenting a clerk to it when the church is 

 void. 



It differs from the afTize of darrein prefentment, ultima 

 prxfentationis, which lies where a man, or his anceflors, 

 formerly prefented ; this other lying for liim who is the pur- 

 chafer himfelf. Where a man may have the alTife, he may 

 have this writ ; but not contranWife. 



In conteiled prefentations, upon the firft delay or refufal 

 of the bifhop to admit his clerk, tlie patron ulually brings 

 his writ of quare impedit againil the bifhop, for the temporal 

 injury done to his property, in difturbmg him in his pre- 

 fentation. And if the delay arifes from the bifhop alone, 

 as upon pretence of incapacity, or the like, then he only is 

 named in the writ ; but if there be another prefentation fet 

 up, then the pretended patron and his clerk are alfo joined 

 in the a^^ion ; or it may be brought againll the patron and 

 clerk, leaving out the bifhop ; or againfl the patron only. 

 But it is moil advifeable to bring it againfl all three : for if 

 the bifhop be left out, and the fuit be not determined till 

 the fix months are pall, the bifhop is entitled to prefent by 

 lapfe ; for he is not party to the fuit : but, if he be named, 

 no lapfe can poffibly accrue till the right is determined. If 

 the patron be left out, and the writ be brought only againft 

 the bifliop and the clerk, the fuit is of no effeft, and the 

 writ fliall abate ; for the right of the patron is the principal 

 queftion in the caufe. If the clerk be left out, and has re- 

 ceived 



