R E C 



R E C 



Records are faid to be vctujlatis (jf vcritatis vijligia. So Records, Imbezzling nf. See Imbezzle. 



early as the Conqiieft we find the '^ prieleritorum memor'ia Recohd, matter, mujler, oyer, prifoner upon matter of, lee 



eventorum" reckoned up as one of the chief qiiahtications Matter, Muster, Oyer, and Prisoner, Sec. 



of thofe who were lield to be " legllus patrix oplime injli- Kv.vov.ri, Trial by, is ufed only in one particular inftance ; 



tutl." For it is an eilabUilied rule to abide by former prece- where a matter of record is pleaded in any action, an a (inc. 



dents, where the fame points come again in litigation ; as well a judgment, or the hke ; and the oppofite party pleads 



to keep the fcale of juftice even and fteady, and not liable to '< tiul tie! record," that is, there is no luch matter of record 



waver with every new judge's opinion, as alfo becaufe the 

 law in that cafe being folemnly declared and determined, 

 what before was uncertain, and perhaps indiflercnt, is now 



exifting : upon this, iffue is tendered and joined iu the fol- 

 lowing form, " and this he prays may be enquired of by 

 the record, and the other doth tlie like ;" and hereupon the 



become a permanent rule, which it is not in the breail of party pleading the record has a day given him to bring it 

 any fubfequent judge to alter or vary from, according to in, and proclamation is made in court for him " to bring 

 his private fentiments : he being fworn to determine not ac- fortii his record, or he fhall be condemned :" and, on his 

 cordins; to his own private judgment, but according to the failure, his antagonill fliall have judgment to recover. The 

 known law and cuftom of the land ; not delegated to pro- trial of this iflue is, therefore, merely by the record ; for, as 

 nouBce a new law, but to maintain and expound the old one. fir Edward Coke obferves (i Inft. 117. 260.), a record or 

 Yet this rule admits of exception, where the former deter- enrolment is a monument of fo high a nature, and im- 

 mination is molt evidently contrary to reafon ; much more puteth in itfelf fuch abfolute verity, that if it be pleaded 

 if it be clearly contrary to the divine law. But even in fuch there is no fuch record, it (hall not receive any trial by 

 cafes the fubfequentjudges do not pretend tomake a new law, witnefs, jury, or otherwile, but only by itfelf. Thus, titles 

 but to vindicate the old one from milreprefentation. For if of nobility ftiall be tried by the king's writ or patent only, 

 it be found that the former decifion is manifelUy abfurd which is matter of record. (6 Rep. 53.) Alfo in cafe 

 or unjuft, it is declared, not that fuch a fentence was bad of an alien, whether alien, friend, or enemy, (hall be tried 

 laiu, but that it was not law, that is, that it is not the ella- by the league or treaty between his fovereign and our's ; 

 blifhed cuftom of the realm, as has been erroneoufly deter- for every league or treaty is of record. (9 Rep. 31.) And 

 mined. An aft conunittcd to writing iu any of the king's alfo whether a manor be held in ancient demefne or not, 

 courts, during the term in which it is written, is alterable, (hall be tried by the record of Domefday in the king's ex- 

 being no record ; but that term once ended, and tlie aft chequer. Blackft. Com. book iii. 



iurollcd, it is a record, and of fuch credit as admits no alter 

 ation, or proof to the contrary. 



It is a fettled rule and maxim that nothing (hall be 

 averred againft a record (fee Court,) nor (hall any plea, 

 or even proof, be admitted to the contrary. (Co. Litt. 

 260.) And if the exiftence of a record be denied, it 

 (hall be tried by nothing but itfelf; that is, upon bare in- 

 fpeftion wlietlier there be any fuch record or no ; elfe 



Record, among Foiukrs. A bird is faid to record, when 

 it begins to tune or fmg within itfelf ; or to form its notes 

 and difpofe its organs for finging. 



The cock thru(li is diftinguifhed from the hen in re- 

 cording ; the lirft being more loud and frequent in it than 

 the fecond. 



Inltances have been known of birds beginning to record 

 when they were not a month old. This firft elfay does net 



there would be no end of difputes. But if there appears any feem to have the lead rudiments of the future fong ; but 



jniftake of the clerk in making up fuch record, the court as the bird grows older and ftronger, one may perceive 



will direft him to amend it. Courts of record, or repofitories what the nelthng is aiming at. A young bird commonly 



for the public records of the kingdom, were firft eftabhlhed continues to record for ten or eleven months, wlien he is 



by Edward 1., our Englilh Juftinian, fome of which are more able to execute every part of his fong, which afterwards 



ancient than the reign of his father, and thofe were by him continues fixed, and is Icarcely ever altered. The term 



coUefted. record is probably derived from a mufical inftrument, for- 



Lawyers reckon three forts of records ; iiiz. a judicial merly ufed in England, called a recorder, which feems to 



record, as attainder, &c. ; a nniiijlcrial record upon oath, have been a fpecits of flute, and was probably ufed to teach 



as an office of inquifition found ; and a record made by con- young birds to pipe tunes. Lord Bacon defcribes this 



•veyance and confent, as a fine, or deed inrolkd, and the like, 



Record, AJfurances ly matter of, are fuch as do not en- 

 tirely depend on the aft or confent of the parties them- 

 felves ; but the fanftion of a court of record is called 

 in, to fubftantiate, preferve, and be a perpetual teftimony 

 of the transfer of property from one man to another ; or 

 of its eftabhfhment, when akeady transferred : of this na- 

 ture are private afts of parhament, the king's grants, fines, 

 and common recoveries. 



Record, Court of. See Record, fupra, and Court. 



Record, Debt of, is a fum of money, which appears to 

 be due by the evidence of a court of record, Thus, when 



inftrument (in his fecond Century of Experiments) to 

 have been ftraight, to have had a lefler and greater bore, 

 both above and below, to have required very little breath 

 from the blower, and to have had w hat he calls a fipple or 

 Hopper. 



RECORD A RI facias hquelam, in La-w, a writ di- 

 refted to the (lieriff to remove a caufe depending in an 

 inferior court, as hundred-court, county-court, court of 

 ancient demelne, &c. to the king's bench, or common 

 pleas, &c. 



It is thus called, becaufe it commands the (heriff to make 

 a record of the proceedings either by himfelf, or others ; 



a fpecific fum is adjudged to be due from the defendant to and then to fend up the caufe, 



the plaintift, on an aftion or fuit at law, this is a contraft of RECORDE, Robert, in Biography, an early Englifh 



the higheft nature, being eftabil(hed by the fentence of a phyfician, of Welfh origin, commenced his education at 



court of judicature. Debts upon recognizances, together Oxford about the year 1525; and in 1531 was elefted 



with ftatutes merchant, and ftatutes fl;aple. Sec. if forfeited fellow of All-Souls' College. Direfting his ftudies to 



by non-performance of the condition, are alfo debts of phyfic, but w here, or under what mafters, we are not told, 



record; the contraft, on which they are founded, being he was created doftor in that faculty at Cambridge in 1545. 



witnefled by tlifi higheft kind of evidence, viz. by matter Both before and after this period he is faid to have taught 



pi record, aritlimetic at Oxford, and to have excelled all his predecef- 



8 fors 



