Home1778 Edition

REBELLIOUS ASSEMBLY

Volume 9 · 270 words · 1778 Edition

is a gathering together of twelve persons or more, intending or going about to practise or put in use unlawfully, of their own authority, any thing to change the law or statutes of the realm; or to destroy the inclosures of any ground, or banks of any fish-pond, pool, or conduit, to the intent the same shall lie waste and void; or to destroy the deer in any park, or any warren of conies, dove-houses, or fish in ponds; or any house, barns, mills, or bays; or to burn stacks of corn; or abate rents, or prices of victuals, &c.

REBUTTER, (from the Fr. bouter, i.e. repeller, to put back or bar) is the answer of defendant to plain- REBUS plaintiff's surrenders; and plaintiff's answer to the rebutter is called a surrebuter; but it is very rare the parties go so far in pleading.

Rebutter is also where a man by deed or fine grants to warranty any land or hereditament to another; and the person making the warranty, or his heir, sues him to whom the warranty is made, or his heir or affinee, for the same thing; if he who is so sued, plead the deed or fine with warranty, and pray judgment, if the plaintiff shall be received to demand the thing which he ought to warrant to the party, against the warranty in the deed, &c., this is called a rebutter. And if I grant to a tenant to hold without impeachment of waste, and afterwards implead him for waste done, he may debar me of this action by shewing my grant; which is a rebutter.