BEAUPLEADER (L. Fr. fair pleading). A writ of prohibition directed to the sheriff or other, directing him not to take a fine foi beaupleader.
There was anciently a Snc imposed called a fine for beauplesder, which is explained by Coke to have been originally imposed for bad pleading. Coke. 2d Inst. 123. It was set at the will of the judge of the court, and reduced to certainty by oonsent, and annually paid. Comyns, Dig. Prero qative (D 52). The statute of Marlebridge (52 Hen. I III.), c. 11, enacts, that neither in the circuit of justices, nor in counties, hundreds, or courts-baron, any fines shall be taken for fair pleading; namely, for not pleading "faiily or aptly to the purpose. Upon this statute this writ was ordained, directed to the sheriff, bailiff, or him who shall demand the fine ; and it is a prohibition or command not to do it. New Nat. Brev. '596; Fitzherbert, Nat. Brev.
270 a; Hall, Mot. Comm. Law, c. 7. Mr. Reeve explains it as a fine paid for the privilege of a fair hearing. 2 Reeve, Eng. Law, 70. This latter view would perhaps derive some confirmation from the connection in point of time of this statute with Magna Charta, and the resemblance which the custom bore to the other customs against which the clause in the charter of milli vendemue, etc. was directed. See Comyns, Dig. Prerogative (D 51, 52); Cowel; Coke, 2d Inst. 122, 123; Prabla, Eng. Law, 150.
BED. The channel of a stream ;, the part between the banks worn by the regular flow of the water. See 13 How. 426.
The phrase divorce from bed and board. (a mensa et thoro) contains a legal use of the word synonymous with its popular use.