t 350 ] Q. QUA QUADRAGESIMA, The fortieth part; also the time of Lent, from our Saviour's Forty Days' Fast. Lit. Diet. Quadragesima Sunday, Is the first Sunday in Lent; so called, because about the fortieth day be fore Raster. Blount. QUADRAGESIMALIA. In former days it was the custom for people to visit their mother church on Midlent- Sunday, and to make their offerings at the High Altar; as the like devotion was again ob served in Whitsun- Week: But as the procession and oblations at Whit suntide were sometimes commuted into a rated payment of Pentecos- tals; so the Lent or Easter offerings were changed into a customary rate called Quadragesimalia, and Denarii Quadragesimales, also J*a- tare Jerusalem, from those words in the Hymn for the Day. Diet. QUADRANS, a fourth part of a penny: Before the reign of Ed. I. the smallest coin was a sterling or penny, marked with a cross, by the guidance whereof a penny might be cut into halves for a half-pen ny, or into quarters or four parts for farthings; till, to avoid the fraud of unequal cutting, that King coined half-pence and farthings in round distinct pieces. Mat. Westm. anno 1279. QUAD RANTATA TERRjE, Quadrarium; The fourth part of an acre. See Fardingdeal. QUADRIENNIUM UTILE. In Scotch Law, the term of four years allowed to a minor after his majority, in which he may by suit or action endeavour to annul any deed to his prejudice granted dur ing his minority. Bell's Scotch Diet. QUADRIVIUM, The centre of four ways, where four roads meet and cross each other. By statute, posts with inscriptions are to be set up at such cross ways, as a direction to travellers, &c. See title High ways. QUE, EST EADEM, Which is the same, trespass, Ifc.'] Words used in pleading to supply the want of a traverse; 2 Lil. Jbr. 405. As where a plaintiff brings an action of Trespass, and the defendant pleads, that the plaintiff gave him leave to enter on the land, and that he entered accordingly; Qua est eadem Transgressio, " which is the same trespass, of which the plaintiff complains." See titles Pleading; Trespass. Qu^e Plura, A writ which lay where an inquisition had been ta ken by an Escheator of lands, &c. of which a man died seised, and all the land was supposed not to be found by the office or inquisition; this writ was therefore to inquire of what more lands or tenements the party died seised, Reg. Orig. 293: But it is now useless, since the taking away the Courts of Wards and Offices post mortem, by stat. 12 Car. 2. c. 24. QUiERE, or Querie; A note for the reader to make further inquiry, or matter of is as where any point of Law, debate, doubted, not hav ing sufficient authority to maintain it. 2 Lil. Jbr. 406. QUAKERS. 351 QU^RENS NON INVENTT PLEGIUM; A return made by the Sheriff, on a writ directed to him with this clause, viz. Si A. fecerit B. secn-rum de clamore suo firosequendo, ifc. P. N. B. 38. See title Original. QU JE SERVITIA, See Per que Scrvitia. QU^ESTA, An indulgence or remission of penance, exposed to sale by the Pofie: The retailers thereof were called Questionarii, and desired charity for themselves or others. Mat. West, anno 1240. QU^ESTUS, That which a man hath by purchase; as htereditas is what he hath by descent Glanv. lib. I.e. 1. See Purchase; Questus. QUAKERS, Tremuli.~] From their pretending to tremble or quake in the exercise of their religion. The stat. 7 if & W. 3. c. 27. enacts, That Quakers making and subscribing the declaration of fidelity men tioned in 1 W. if M. (now according to the stat. 8 Geo. I. c. 6.) should not be liable to the penalties against others refusing to take the oaths; and not subscribing the declaration of fidelity, &c. they are disabled to vote at election of Members of Parliament. Quakers, where an oath is required, are permittted to make a so lemn affirmation or declaration, declaring in the presence of God, the witness of the truth, &c. stat. 7 if 8 W. 3. c. 34. made perpetual by stat. 1 Geo. 1 . c. 6. But they are not capable of being witnesses in a criminal cause, serving on Juries, or bearing any office in the Gov ernment unless they are sworn like other Protestants. On the affirmation of a Quaker, the Court will not grant an attach ment for non-performance of an award. 1 Strange 441. Nor security for the peace. Ibid. 527. Nor a rule for an information. 2 Strange 856. 872. 946. But a rule to shew cause why an appointment of over seers should not be quashed, being served by a Quaker, was made absolute on his affirmation; this not being looked on as a criminal pro secution, though on the Crown side, and the rule in the King's name. 2 Strange 1219. The stat. 8 Geo. I.e. 6. "authorises the affirmation of Quakers with the words, i" do solemnly, sincerely, and truly dec/are and affirm, ifc. without saying in the presence of Almighty God; and by this statute, false and corrupt affirming incurs the penalties of wilful perjury. By stat. 22 Geo. 2. c. 46. � 36. an affirmation shall be allowed in all cases (except criminal) where by an act of Parliament an oath is required though no provision be therein for admitting a Quaker to make his affirmation. Quakers refusing to pay tithes, or church rates, Justices of Peace are to determine them, and order costs, &c. Stats. 7 if 8 W. 3. c. 34. � 4: 1 Geo. 1. c. 6. Quakers may be committed to prison for non-payment of tithes, on stat. 27 H. 8. c. 20. which is not repealed by 7 if 8 W. 3. which gives another remedy. 1 Ld. Raym. 323. See title Tithes. A Quaker, who has served an apprenticeship of seven years, is en titled to be admitted to the freedom of a Corporation, as well as any other person: And his solemn affirmation is equivalent to taking the usual oaths: The clause of the stat. 7 'f 8 W. 3. c. 34. which provides, that no Quaker, by virtue of that act shall have any office or place of profit in the Government, does not extend to the freedom of a Cor poration. Carth. 448: 1 Ld. Raym. 337: 3 Mod. 402. In the Militia Acts, and the several acts for raising men for de fence ofthe Realm, provisions are introduced for relieving Quakers 352 QUA against the operation of them by the payment of certain fines; the Tenets ofthe Quakers preventing them from serving in war. QUALE JUS. A judicial writ, which was brought where a man of religion had judgment to recover land, before execution was made of the judgment; it went forth to the escheator between judg ment and execution, to inquire what right the religious person had to recover, or whether the judgment were obtained by collusion between the parties, to the intent that the lord might not be defrauded. Reg, Judic. 8. 16. 46. Stats. Westm. 2: 13 G. 1. st. 1. c. 32. QUALIFIED, Is applied to a person enabled to hold two bene fices. See Plurality. Qualified (or Base) Fee; Is such a one as hath a qualification subjoined thereto. See title Estate. Qualified Oath, An Oath where the party swears not simply, but circumstantially. Qualified Property; See Possession; Property. QUAMDIU SE BENE GESSER1T, As long as he shall behave himself well in his office. A clause often inserted in letters patent of the grant of offices, as in those to the Barons of the Exchequer, &c. which must be intended in matters concerning their office; and is no thing but what the Law would have implied, if the office had been granted for life. 4 Inst. 1 1 7. See title Judges. QUANTUM MERUIT, So much as he deserved.] An action on the case; express or implied, grounded on a promise to pay the plain tiff for doing any thing so much as he should deserve or merit. If a man retains any person to do work or other thing for him; as a taylor to make a garment, a carrier to carry goods, &c. without any certain agreement; in such case, the Law implies that he shall pay for the same, as much as they are worth, and shall be reasonably de manded; for which Quantum Meruit may be brought: And if one sue another on a promise to satisfy him for work done, &c. he must shew and aver in his declaration how much he deserved for his work. See title Pleading I. 1. Quantum valebat, So mach as it was wortk.] Where goods and wares sold are delivered by a tradesman at no certain price, or to be paid for them as much as they are worth in general: then Quantum -valebat lies, and the plaintiff is to aver them to be worth so much: so where the Law obliges one to furnish another with goods or provi sions; as an innkeeper his guests, &c. See titles Assum/isit; Pleading I. 1. QUARANTINE. See Quarentine. QUARE CLAUSUM FREGIT. See titles Cafuas; CommonPleas. Quare cum, Are general words used in original writs, &c. See Original. Quare ejecit infra Terminum; A Writ which lieth by the an tient Law where the wrong-doer or ejector is not himself in posses sion of the lands, but another who claims under him.