Page:Cyclopaedia, Chambers - Volume 2.djvu/586

 REC

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REC

RECOGNIZANCE, or Recognisance, in Law, a Bond, or Obligation of Record, testifying the Recognifir to owe to the Recognijee, a certain Sum of Money. See Bond.

It is recognised, or acknowledged in fome Court of Record, or before fome Judge, Mafter in Chancery, or Juilice of the Peace.

Mere Recognizances are not fealed, but enrolled,' and Executi- on, by force thereof, is of all theRecognifor's Goods or Chattels, (except draught Beads, or Implements of Husbandry) and the Moiety of his Lands.

Recognizance is alfo ufed in our antient Statutes, for the Verdict of the twelve Jurors impanelled upon an Affize; hence balled Recognitors. See Jury and Verdict.

rECOGNISEE, is he to whom one is bound in a Recog- nisance

- RECOIL, or Rebound, the ReGlition of a Body, chiefly a Fire-Arm j or the Motion whereby, upon Explofion, it ftarts backwards. See Gun, Mortar, <&c.

The greater the Charge, ceteris paribus, the greater the Re- bound.— By an Experiment made by the Royal Society, and re- lated in the Fhilofoph.Tranfacl. it was. found that Cannons cliarg'd to a certain Degree, throw the Ball from right to left of their own Direction j but that the Cannons themfelves Recoil from left to right.

Some of the Gentlemen of the French Academy, doubting the Juftnefs of the Obfervation, M. Cajftni, the younger, under- took to repeat the Experiment ; which he did by means of a Ma- chine, as like that of England as he could; and that tried over, and over again.

The Reiuk was, that the Ball, when the Gun had liberty to recoil, was always thrown to the right of the Point to which it was thrown when the Gun was hVd without a poffibility of re- bounding i but then the Recoil was always made the fame way, •viz. to the right ; and he never found that contrariety of Dire- ctions between the Ball and tbeRebound, obferv'd in the EngliJJj Experiment.

RECOLLECTION, a Mode of Thinking, whereby thofe Ideas fought after by the Mind, are with Pain and Endeavour found, and brought again to view. See Memory and Remi- niscence. See alio Mode, Thinking, &e.

RECOLLECTS, a Congregation of reform'd Francifcans, call'd alfo Friars Minor of St. Francis, of the firicl Obfervance. See Franciscan.

Tbey were eftablifhed about the Year 15 30 ,• when, fome Re- ligious of the Order of St. Francis, willing to keep his Rule to the Letter ; Clement VII. gave them Houfes, particularly Tulles in the Limofin, and 'Marat in Auvergne, whether they might re- tire, and receive fuch as were difpofed to follow them.

The fame Year he approved the Reform j and in 1584 it was carried into Italy. See Reform.

RECONCILIARI, in our old Law-Books, &c, A Church is faid reconciliarii, to be reconciled, when 'tis confecrated a-frefh, after having been polluted or profaned ; as by the Poileiiion of Pagans or Hereticks, <&c. See Church, Consecration, Pro- fanation.

RECONNOITRE, in War, to go view and examine the State of things, in order to make a report thereof.

Thus we fay, a Body of Horfe were fent to Reconnoitre the Enemy's Army, to Reconnoitre their Camp, the Ground, the Con- dition of the Roads, Rivers, &c.

To Reconnoitre the Coafts, to Reconnoitre a Port, &c

A General is to go Reconnoitre in Perfon, the Place to be be- fieged, in order to learn its Situation, Avenues, its Strengths and Weakneffes.

The Word is pure French, fignifying litcerally, to know, re- collect.

Reconnoitre is alfo ufed at Sea : thus, to Reconnoitre a Vef- fel a Fleet, &c. is to approach near enough to examine the Rate and Burthen of a Veilel, &c. the Force it may have a-board, what Nation it is of, &c.

To Reconnoitre a Land or Shore, is to obferve its Situation, in order to find what Land it is.

RECORD, in Law, an authentick and uncontroulable Tetti- mony of any thing in Writing,' contain'd in Rolls of Parch- ment, and preferv'd in Courts ; thence call'd Courts of Record. See Court, Roll, <&c.

Records are faid to be vetuftatis & veritatis, Vefligia.

An Act committed to Writing in any of the King's Courts, during the Term wherein it is written, is alterable; being no Re- cord i but that Term once ended, and the Act enrolled, it is a Record, and of that Credit, that admits no Alteration or Proof to the contrary.

Lawyers reckon three forts of Records ; viz. a Judicial Re- cord, as Attainder, &c. a Miniiterial Record upon Oath, as an Office of Inquifition found ; and a Record made by Conveyance and Confent, as a Fine, or Deed enrolled, and the like.

Record, among Fowlers : a Bird is faid to record, when it begins to tune or fing within itfelf ; to form its Notes, and dif- p.o|e its Organs for tinging.

™' ie Cock Thrufh is diltinguimed from the Hen in recording;

r> to bein ? more l° U(i anc * frequent than the fecond.

RECORDARE factor, a Writ directed to the Sheriff to re-

moveaCaufe depending in an inferiour Court, asHundred-Court, County-Court, Court of antient Demefne, &c, co the Kings- Bench, or Common-Pleas.

'Tis thus call'd becaufe it commands the Sheriff to make a Record of the Proceedings either by himfclf or others; and then to fend up the Caufe.

RECORDER, a Perfon whom the Mayor, or other Mari- time of any City or Town Corporate having Jurifoi&ion pr a Court of Record within their Precincts, doej affociate with him, for his better Direction in Matters of Juftice, and Proceedings according to Law. See Mayor, &c

He is ufually aJVIan verfed and experienced in ths Common Law— In fome Towns which have their particular Amzes with- in themfelves, and no Mayor, the Recorder is the Judge.

RECORDO & pocsjfu mittendis, is a Writ to call a Record, together with the whole Proceedings in the Caufe, out of an in- feriour Court into the King's Court.

RECOVERY,, in a Legal Senfe, an obtaining of any thing by Judgment, or Trial at Law,- anfwering to the Eviclio of the Ci- vilians.

There is a true, and a feigned Recovery.

True Recovery is an actual or real Recovery of any thing, or the value thereof, by Judgment ; as if a Man fue for any Land, or other thing, and have a Verdict and Judgment for him. ■

A feigned, or common Recovery, call'd by the Civilians, qutsdam fifth Juris, is a certain Form or Courfe prefcribed by Law to be obferved for the better alluring of Lands and Tenements to us^ the end and effect whereof is to difcontinue and deftroy Ettates Tail, Remainders, and Reverfions, and to bar the Intails there- of. See Tail, Remainder, Reversion, &c.

This Recovery is either with a fng/e, or a double Voucher.

In the lirft there are three Parties required, the Dematidanti the Te?tani, and the Vouchee.

The Demandant is he who brings the Writ of Entry, and may be term'd the Recovercr r The Tenant is he againft whom the Writ is brought, and may be call'd the Recoveree.

The Vouchee is he whom the Tenant Voucheth, or calls to Warrant for the Land in Demand. See Vouchee.

A Recovery with double Voucher, is where the Tenant vouch- eth one, who voucheth another, or the common Vouchee.

The Point is a little quaint and perplex'd : To explain it ; Sup- pofe a Man defirous to cut off an Eftate Tail in Lands or Te- nements, to the End that he may fell, give, or bequeath them •> the firft thing he does, is to caufe a feign'd Writ of Entry, fur Dejfeifin in ie pofi, to be brought, of the Lands of which he intends to dock the Entail; and in a feign'd Declaration thereupon made, pre- tends he was deffeis'd by him, who by a feign'd Fine, or Dzed of Bargain and Sale, is named and fuppofed to be Tenant of the Lands.

This feign'd Tenant, if it be a {ingle Recovery, is made to ap- pear and vouch a poor Fellow, the Bag-bearer of Writs of the Cufos brevium of theCommon-PIeas; (where alone thefe common Recoveries ore allowed) who makes Default: Upon which a Judg-* ment is by this Fiction cnter'd, that the Demandant ihall reco- ver, and have a Writ of Seitin for the Poffeffion of the Lands in Queftion • and that the Tenant fhall recover the Value of the Lands againtt the Lands of the Vouchee Bag-bearer, (who has not a Foot,) which is an imaginary Satisfaction for the Heir in Tail, though he is to be never the better for it-

By this means one Edward Howe;, a Bag-bearer, and common Vouchee, in the (pace of 20 Years, paiVd, or fufter'd to be re- cover'd againft him, a great Part of the Lands of England; obliging his own Lands to anfwer the Value of thofe recover'd a- gainit the Tenants or Remainders in Tail.

RECOUPE, in Law, to Rebate orDifcount. See Rebate and Discount.

Thus, if a Man have ten Pounds iffuing out of certain Lands, and he Diffeifes the Tenant of the Land ; in an Aliize brought by the Diileiiee the Difieifor fhall recoup the Rent in the Da- mages.

The Word is pure French, form'd.of re md Gouper, to cut again.

A Recoups is alfo a quick, fharp Reply to a peremptory De- mand. See Repartee. i

RECREANT, in our old Law-Books, implies Cowardly, Faint-hearted. See Champion, Combat and Duel.

Hence, Recreantife. See Craven.

Recreant was fo reproachful a Word, that Glanville would not defcribe it.

Recreantes E^ui is ufed by Fleta, lib. 2. cap. 2. for dull, jaded Horfes.

RECREMENT, Faces, in Medicine, &c fome fuperfiuous Matter mixed with other that is ufeful- See Faeces.

Sometimes it alfo lignifies fuch fecreted Juices in the Body, as are afterwards of ufe to the OEconomy ; as the Lympha, Gall, &c. which are thus called in contradistinction to Excrements, which are expell'd out of the Body, 'as of no. further ufe. See Excrement. , '

RECRIMINATION, a Pofterior Accufation brought by the accufed againft his Accufer, upon the fame Fact.

When