ABATE is both an English and French word , and signifieth in his proper sense , to diminish , or take away ; as one that abateth in Lands or Tenements , by his entry diminisheth and taketh away the Freehold in Law descended Cook on Lit. l. 3. c. 8. sect. 475. to the Heir ; and so it is said to abate an account , signifying Substraction or withdrawing ; and to abate the courage of a man . In another sense it signifies to prostrate , beat down , or overthrow ; as to abate Castle● , Houses , and the like ; and to abate a Writ , is to destroy it , by pleading for them that makes it actious or not proper , and hereof cometh a word of Art , Abatamentum , which is an entry by interposition , after the death of the Ancestor and before the entry of the Heir .

Abbot , in Latin Abbas , in French Abbè , is by skilfull Linguists said to come from the Syriack Cowels Interp. word Abba Pater , and in our common Law is used for him that in the Covent or fellowship of Canons , hath the rule and prehemmence , he is called the head of the House , he is chosen from amongst the Monks and is one , as to all purposes as but in relation to the Corporation .

He which counselleth or commandeth any evil thing , shall be judged accessary to all that followeth o● this evil act , but not o● another distinct thing ▪ as I command one to beat another , and he beat him so , that the other di● of it ; I shall be ●●●●ssary to this murder , for it is a sequel of my c●●●andement . But if I command one to steal a white Horse , and he s●eals a black one ; or to bu●● such a house , which he w●ll knoweth ▪ and he b●●n the house o● an●ther : I shall ●ot be accessary 〈◊〉 . So if I command one to rob such a G 〈…〉 o● his pla●e in such a place , as he is goi 〈…〉 g F●i● , and he br●ak his house in 〈…〉 sid● , ●nd th 〈…〉 away hi● Pla●e ; I shall Plo. C●m ▪ Sanders case . 〈…〉 essar● to this ba 〈…〉 , for this i● 〈…〉 ny : ●ut i● I command one to kill 〈…〉 in the ●●ld , an● he kill him in the City or Chur●h ; or I command him to kill him at such a day and he kill him a● another day ; I shall be accessary ▪ for the killing is the substance , an● the day , place , or weapon , is but circumstance . ●ut if I command one to kill I●hn a S. and be●ore he hath kill'd him , I come and say , that I am peni●ent for my mali●e , and charge him no● to kill him ▪ and y●t he kill him ; I shall not be acc●ssary . Where the p●incipall is pardoned , or ha●h his Clergy , th 〈…〉 ary cannot be arraigned ; ●or the Maximm● o 〈…〉 aw is , Vbi ▪ non 〈…〉 or C●ok ● . R●p . Cases of appeals and indict Sie●s 42. B. it doth nor appear by the judgm●nt of the Law , that he was principall ; but if the principall after attainder be pardoned , or hath his Clergy allowed him , there the acce●●ary shall be ar●a●gned , because it appeareth ●udicially that he was principall . Some have holden , that neither f●r ●elony nor m●im , the Accessary shall be ar●aigned , till the attainder of the principals .

In the lowest and highest offences , there are no accessaries , but all are principals , as in Ryot● , Routs , forcible Entries , and other Transgressions , ●i Cook on Lat. l. 1. c. 8. sect. 7● ▪ & armis , which are the lowest offences ; and so in the highest offence , which is Crimen ●oesae majestatis , there be no accessaries , but in Felony there In alta proditione nullus p●test esse accessorius , sed principalis solummodo . Fulb. praeparat . 5. c. p. 43. are both before and after .

In the third of Queen Mary a maidservant conspired with a bad fellow to rob her Mistris , and in the night she opened the door , and brought the fellow to the bed of her Mistris , who did kill the Mistris , the maid holding the candle , but saying nothing ; she was not a Principal , ( thoug● she was present at the act , and did concur with the murderer from the beginning to the end ) but accessary , because opening of the door , and holding of the candle was not parcell of the consummation o● the act . Q●aere i● this be petty treason in the Maid-servant , since it is but murder in the other , although she was present when her Mistris was murdered . Yet she cannot , as I take it , be a ●●aytor else , the principal being but a murderer .

Acquittance is a discharge in writing of a Summe of Money , or other duty which ought to be paid or done . This word di●fereth from those which in the civil Law be called acceptilatio , or Apocha , Termes of Law . for the first of these may be by word , without writing , and is nothing but a feigned payment and discharge though payment be not had . Apocha is a writing witnessing the payment or delivery of Money , which dischargeth not unless the Money be paid .

Acquiter is compounded of ad and the old Verb quietare , ●nd signifieth in Law to discharge or keep in quiet , and to see that the Tenant Cook on Lit. lib. 2. sect. 142. be safely kept from any Entries or molestation , for any manner of service issuing out of the Land to any Lord that is above the Mesne , hereof cometh acquital & quietus est , i. e. he is discharged ; and he that is discharged of a selony by judgment , is said to be acquitted of the selony a 〈…〉 atus de ●el-nia , and if it be drawn in question again , he may plead auter sois acquite .

And acquitall is either in deed or in Law ; acquitall Cook . 2 Instit. 385. in deed is either by verdict , or by battell , by verdict when by a Jury he is found not guilty o● the offence whereof he is charged : by battell , as when in an appeal the plaintiff yeeldeth himself crea●t or vanquished in the field , the ●udgment shall be that the appelee shall go quit , and that he shall recover ●●● damages .

Acquital in Law is where two are indicted , the one as principall , the other as accessary , if the principall be acquitted indeed , th●●ther shall not be tryed , but shall be call'd to be acquitted in Law of course , but i● the principall be discharged for the insufficiency of the indictment against him or have his Clergy the accessary i● not acquitted .

Acre , is a certain parcell o● Land that containeth Acra ●lim incerta nune ve●ò certa per Statut. 31. Ed. 1. in length 4● perches , and in bredth four perches , it comes from the Germane word ( Acker ) id est , ager .

Action , an action is a right of prosecuting in judgment of a thing which is due unto any one . Actio est jus prosequendi in judicio , quod alicui debetur .

It may well be called an Action , quia agitur de injuria , for it is a complaint of an injury received .

Actio personalis m●●●itur cum p●rs●na . This rule is not generally to be admitted , but only in 41. Ass. pl. 15. 〈…〉 . ex . 74. C●● . 9. fol. 8 〈…〉 Fulb. para● ▪ second pa● ▪ second dial . & alii . such Cases where the wrong did p●inc●pall● and 〈…〉 rest upon a man person , as if one scandalize or bea● another , if either pa●ty ●y the ●●tion is gone , b●t an E●●●●ut● may ha●e a W●i● of Covenant , which is a thing meerly personall , or any Action upon the Case , as the Case is .

An Action upon the Case ( called by the Civilion● , A●ti● in●●●iarum ) is so termed in the Common Law , because every mans Case must be in the Action , specially , and at large set down ; for Fulb. par●●● ▪ second part second ●●al . Cook 5. Rep. in that Action , the writ ought to comprehend the special matter , as well as the Declaration .

If a man deliver a horse to one to keep him safely , the Defendant equum illum tam negligenligenter custodivit , ut ob defect●m b●nae cust●diae in●eriit . So I trust my Shepherd with my sheep , and they perish through his negligence , an Action of the Case lieth here .

An Action upon the Case doth not ly at the Cook 4. Rep. actions upon slander . 5. Rep. Sep. cot● Case . Brooks Abri . fol. 4. Brook ubi supra . Fitz. Herbert . in Natura Brev. hath the same , and gives this ●eason , because it is the duty of every Arti●icer to do his Art duly ●●● truly as he ●●ght . Common Law for calling a man here●ick , or adulterer , but in the Spiritual Law , for those of the Common Law cannot discusse what is H●resie or Adultery , but for calling one Traitor or ●elor an Action lieth at the common Law .

If a Smith prick my Horse with a nail , I shall have an Action of the Case , and so likewise if he warrant to cure my Horse and doth not ; but if he do what he can , and not warrant the curing of him , it will not lie .

If one cha●ge another that he hath forsworn Cook ● . Rep. Actions 〈…〉 slander . H●b Rep. ●●l. 126. himself , this is not actionable , because he may be ●or●worn in usuall communication , quia benigni●r 〈…〉 in verbis genera●●bus seu du●●iis est praeser●nda 2. It is a●● usuall word of passion and cho●er to say that another hath forsworn himself , as if one say to another , that he is a villain , rogue , or va●let , vel s●●i ia , these will not bear an action , for ●●ni judicit est ●●●es d●●imere , but if one say to another that he is preju●ced , or that he hath forsw●rn himself in such an action , in such a Court , for such words an Action may be maintainable , for here it appeareth that he hath forsworn himself in a j●dicial proceeding . So if a man say , that another is main sworn , a word in the North for perjured , or in Welsh call a man an Idoner , which is to the same purpose , an Action will lie .

In every Action upon the Case for ●landerous words , two things are required . 1. That the person which is scandalized be certain . If one say one of the servants of I●hn a S. is a notorious thief , he having divers , these words will not bear an Action Cook ubi supra . for their uncertainty . 2. That the scandall be apparent by the words themselves ; and therefore if the Defendant say to the Plaintiff , that he is full of the Pox , it shall be taken to be the Small Pox , though the Plaintiff declares with an innuendo , the French Pox , for words shall be taken in miltore sensu , where they may be applied two waies .

If one say to I. S. Thou art a Traytor , here constat Cook 4. Rep. actiones de scandalis . de persona , and the Action lieth ; or if one scandalize a man in his Profession or Trade , by which he gets his living : as Skinner a Merchant , said of Manwood chief Baron , That he was a corrupt Judg , and it was adjudged that these words were actionable . Popham saith , If one say of a woman that keeps an Inn , that she hath a great infectious disease , by which she loseth her guests , she shall have an action upon the Case .

If one say of a Merchant , that he is a Bankrupt knave , an action lies , or that he will be a Bankrupt in two days , which imports onely an inclination ; yet an action lies . If one call another thief or traytor generally the action will lie , but if one say , Thou art a thief , for thou hast robbed my Orchard ; or , for thou hast robbed my Hop-ground ; these words are not actionable , for the last words prove it to be no Felony , and so qualifie the proper sense of this word Thief .

If the Goaler of malice fore thought , lay so many irons on the prisoner , as to lame him , he shall have his Action on the Ca●e . If a man play with others at Dice , and he hath ●alse Dice , with which Friz . Herb. Nat. brev. Action upon the Case . Cook 8 fol. 32. Calyes Case . Id. ib. he playeth and winneth the others money ; he which hath lost his money , may have his action on the Case for this deceit . An action or trespass upon the case lieth against the keeper of a common Inn , if goods be imbe●eled in●r●h ●●spitu●● . If a man sell a Horse to another , and war●ant him to be good , and the Horse hath some secret disease in his body which he knoweth of ; the other shall have a writ of trespass on the Case against him . So if one sel Wine , and warrant it to be good , and it is naught , an action of the Case will lie .

If a mans servant be beaten , the Master shall not T●e Master hath n● da●●g● by p●●s●nall battery of his servant . not have an action for this Battery , unless it be so great , that by reason thereof , he loseth the service of his servant ; but the servant himself shall have an action for every petty battery , Cook ● . Rep. Morys Case .

Admission , is when one that hath right to present to a Church being void , doth pre●●nt him to the Bishop of the Diocess in which the Church i● , who upon examination finding him idoneus pers●na that is capable and able , doth consent that he shall be Parson , and saith admitt●●● habi●●m .

Administrator , is he to whom the ordinary ( id est ) the Bishop doth commit or give power to dispose and administer the goods , and Chattels within his Diocess belonging to any person that is dead , without Executor for the benefit of Cook 5. fol. 2● . Piggots case . such persons , or if the Party make a Will and Executor and they all refuse , or the Executor be within the age of 17 years .

Administrator durante min●re aetate , cannot sell Cook 5. Rep Princes Case . any of the goods of the dead , unless it be of necessity for the payment of debts , or b●na 〈…〉 , for he hath his office of administration 〈…〉 d● of the Infant , and not for his prejudice . The words of such Letters are , Administ●ati●n●m ●mnium & singalorum bonorum ad ●p●●● , ●●min dum , & utilitatem exe●utri● . durante sua mia●●e aetate & non aliter , nec alio modo commit●imus ; such administration ceaseth at the age of seventeen of the Infant . Where one hath goods onely in an inferiour Diocess , yet the Metropolitan of the same Province , pretending that he had bona notabilia in divers Diocesses , commits administration ▪ this administration is not vo●● , but voidable by sentence , because the Metropolitane hath jurisdiction over all the Diocesses within his Province , but if an Ordinary of a Diocesse commit administration of goods , when the Party hath 〈…〉 in divers Diocesses , such administration is meerly void , both for the goods in his Diocesse , and elsewhere , because that by ●● means he can have jurisdiction of the Cause .

Advowson of a Church is the right of Presentation Cook on Lit. l. 2. sect. 18● . or Collation to the Church , Adv●catio , so called , because the righ● of presenting to the Church was first gained 〈…〉 uch i● were Founders , Benefactors or Maintainers of the Church , viz. 1. ration● fundationis , a● where the Ancestor was Founder of the Church , or 2 ratione 〈…〉 nis , where he endowed the Church , or 3. 〈…〉 sundi , as where he gave the soil whereupon the Church was built , and therefore they were called advocati , and thereupon the advowson is called jus patronatus .

In an Advowson or Rectorship , there are three distinct Rights , viz.

If a man seized of an Advowson in Fee , by his Cook on Littelton l. 3. c. 13. sect. 722. Deed granteth the next Presentation to A. and before the Church becometh void , by another Deed grant the next Presentation of the same Church to B. the second grant is void ; for A. had the same granted to him before , and the Grantee shall not have the second avoidance by constructio● ▪ This hath been resolved by the Justices .

* * It comes of an old French word esscu●er . i. e. to tax or sine Minsh . Affeerors are such as are appointed in Court-leets , to mulct such as have committed any fault , which is arbitrably punishable , and for which no express penalty is prescribed by Statute .

The 〈…〉 ament is the act of the Court , and t●e 〈…〉 ment the act of the Jury , Cook lib. 8. ●●●il●● case sol. 40. B.

〈…〉 is derived of the French Affray●● , which 〈…〉 ine . It may be without word or ●●w ●iv●n , as if a man i●●●●●hew himself ●●● 〈…〉 with Armour ●● Weapon which is no usuall w 〈…〉 it will strike a fear into 〈…〉 er that be 4 II. 6. 10. 8. Ed. 4. 5. not 〈…〉 , a● he is : for which reason i● i● a common wrong and inquirable in a Lect. which makes it di●●●r ●rom assault , which is alwa●s a particular injury .

There are diversity of Ages , which the Law takes notice of .

A Woman hath seven Ages for several purposes Cook on Lit. l. 2. c. 4. ●●ct . 1●2 . Lit. Ten. tit . D●●●er & l. 2. c. 4. p. 22. appointed to her by Law , as seven years for the Lord to have aid pour file marier , nine years to deserve dower , twelve years to coment to ma●●iage , untill fourteen years to be in ward , 14 years to be out of ward , if she attained thereunto in the life of her Ancestor , sixteen years to tender her marriage , if she were under the age of fourteen at Cook on Lit. ubi supra . Fitz. Herb. Nat. Brev. in brevi de rationabili auxilio . Lit. Ten. the death of her Ancestor , and twenty one years to a ●enate her Lands , Goods , and Chattels .

A man also b● the Law for several purposes hath divers Ages a●●igne● unto him ; viz. twelve years to take the Oath of Allegiance in the Leet , 14 years to consent to marriage , and for the Heir in ●o●● age to choose his Guardian , and fourteen years is also accounted his Age of discretion , fifteen years for the Lord to have aide pour sai●e fit● Chivaler , under 21 to be in ward to the Lord by Knights service , under 14 to be in ward to a Guardian in soccage , and 21 to be out of ward of a Guardian in Chivalry , and to alien his Lands , Cook on Lit. l. 3. c. 1. sect. 259. ●●t . Ten. l. 2. c. 4. p. 22 & l. 4. c. 1. p. 5● , 57. Goods and Chattels . Before the age of twenty one years , a Man or a Woman is called an Infant . Full age regularly is twenty one years for man or woman to enable them to seal any Bond or any Deed whatsoever ; a man cannot lawfully be impannelled in a Jury before that age , and at 17 years he may administer as Executor .

Agreement ( saith Pl●●d●● ) is a word compounded Plowden Term. Pa●● . a●●o 4. E. 6. Reniger against 〈◊〉 . of two words , aggregatio & mentium , i. e. agreement of mindes , it is a consent of minde , in something done or to be done , ab aggredi●●d● dicitur , saith Spelman .

If I sell all my Corn for Twelve pence every Bushell , notwithstanding the uncertainty of the quantity of the Co●● , and of the summe for it , yet this is a good agreement .

So where one le●● a Close , rendring Twelve Plowden ib. pence of Rent for every Acre , notwithstanding the uncertainty of the Rent , yet it is a good agreement , for it may be reduced to a certainty , by measuring of the Corn or ground .

Alien , is derived from the Latine word alienus ▪ , Alienae gentis or alienae ligeantiae . Cook on Lit. and according to the Etymològy of the word , it signifies one born in a strange countrey , under the obedience of a strange Prince .

Such an one is not capable of inheritance within England .

He cannot have any reall or personall ●ction concerning Land , unless he be an alien Merchant friend , and then he may have a Lease for years , of Houses , Warehouses , and Conveniences for habitation and Merchandizing , and if he be disturbed in the possession of them , he may maintain actions of trespass . And if he be naturalized by Act of Parliament ▪ then he is not accounted in Law alienig●●a , but ●●●g na , as a natural born Subject , and may purchase and maintain actions as Englishmen .

Alms , and relief of poor people , being a work Cook on Lit. of charity , is accounted in Law Divine Service , for what herein is done to the poor for Gods sake , is done to God himself . Iura naturalia ●ur● 〈…〉 vili di●imi non possunt . 〈…〉 nd Student .

If it were ordained that no Alms should be given for no necessity , this Custom and Statute were void , because no generall Custom of Statute must be directly against the Law of God . Nevertheless , the Statute in the 24 year of King Ed. 3. whereby it is ordained . That no man under pain of imprisonment , shall give any alms to any vagrant beggers that may well labour , that they may so be compelled to labour for their living , is a good Statute , for it observeth the intent of the Law of God .

Amerciament in Latine is called misericordia , Cook on Lit ▪ lib. 2. c. 11. p. 194. because it ought to be assessed mercifully , and this ought to be moderated by affeerement of his equals , or else a Writ de moderata misericordia doth lie , or because the party which offendeth Term. of Law . Cook ▪ ●● ▪ Rep. putteth himself on the mercy of the KING .

A fine is alwaies imposed and assessed by the Court , but Amerciament by the Countrey .

Ancestor is derived of the Latine word 〈…〉 sor , and in law there is a difference between antecessor Cook on Lit. ● . 2. c. 4. sect. 1●3 . and predecessor , for antecessor is applied to a naturall person , as I. S. & antecess●●●s ●ui ; but predecessor is applied to a body Politique , or Corporate , as Epis. Lond. & predecessores . S●● Re●●●r de D. & predecessores sui .

An , iour , The law in many cases hath limited a year and a day to be a legall ●and convenient time for many purposes ▪ The Wife or Heir hath a year and a day , to bring an appeal of death . If a man Cook on Lit l. 3. c. ● . sect. 422. be wounded or poysoned , and dieth thereof within the year and the day , it is Felony . A protection shall be allowed but for a year and a day , and no longer : a year and a day to remain in ●●ti●●t ●emes●e to enfranchise a Villain .

An 〈…〉 , and waste , is a forfeiture when a man hath committed petty treason or felony , and hath ●●nds which he holdeth of some common person ▪ the King in detestation of the crime , might by the Prerogative cause the trees to be digged up , the houses to be ●ased and pull'd down , and the pastures and meadows to be plowed up : but the land ▪ so desaced were to escheate to the Lord , and the King had no other benefit then before , ●i●●o● the good of the Common-wealth it was provided by Magna Charta , Chap. 22. that instead of such Cook ▪ 2 Institut. 37. spoil , the King should have the lands of such ●●lon for a year and a day , and afterwards the Lord to have it without such spoil . This Statute of Prerogativa Regis , made in the 47 year of E. 2. is thought by Stamford and others to be in force as to this point , and hath made them conceive erroneously , but that Statute being repealed by an Act in ●● E. 3 cap. 1. the Act of Magna Charta , as to this is still in force . The King shall not have a●●●●● diem , & vas●am of lands holden in Gavel ▪ kind , where the Father is hanged : but if he be outlawed and ab●ured for felony , he shall . Some hold that the custom of Kent , The Father to the Bow , the Son to the P●●●● , must be taken strictly ; for if he be attainted and die in prison , his lands shall es●hea● . If one be I●●● ▪ arrested for selony , and breaks the arrest ; so that in pursuit of him he is killed , because he would not otherwise be taken ; the King in this case shall have the year , day , and waste .

Annates , seemeth to be all one with first-fruits , because the rate of the first-fruits paid of spirituall things is after one years profit .

Annuity , is a yearly payment of a certain sum of Cook on Lit. 144. money granted to another in see for life or years , charging the person of the grantor onely .

For it , no action lieth , but onely a Writ of Annuity F●●● . Herb. Na● . brev. p. 152. against the grantor or his heirs , if the grantor grant for him and his heirs .

If one grant to another an annuity pro consilio impendendo ; if he will not give counsell , the other may stay the annuity , because he cannot have the Ployd . an. 6. ●resp . by Browning against Best●r . thing , for which he grants the annuity ; It is a conditionall grant , though there be not any word of a condition .

If one grant to one learned in the Law , or in Physick , an annuity for terme of the life of the Grantee pro consilio impendendo to the Grantor ; and the Grantor dieth , the annuity shall not cease by this , but the Grantee shall hold for ●erm of his Plowd . Comment. p. 458. life , and yet it was granted , and was executorie for the Counsell , but no Counsell may be given to the Grantor when he is dead , so that by the act of God , the Grantee is discharged of giving Counsell .

If an Annuity be granted pro consili● impenso & impendendo , and the Grantee commit Treason whereby he is imprisoned , so that the Grantor cannot have access unto him for his Counsell , yet 6. H. 8. Dy. nevertheless the annuity is not determined by this non feasance , yet it was the Grantees act and default to commit the Treason , whereby the imprisonment grew , but the Law excuseth him ; because the not giving counsell was compulsory , and not voluntary in regard of the imprisonment .

If I grant to I. S. an annuity of ten pounds a a year pro consilio impenso & impendendo ; If I. S. be Bacons Collection . a Physician , it shall be understood of his counsell in Physick , if a Lawyer of his counsell in Law . An annuity is granted pro consilio impenso , & impendendo to one Pl●mer Attorney , there is contention between the Grantor and a stranger , and the Attorney dat consilium adversario concess●ris , sed non est requisitus ad dandum consilium per concessorem sibi in illa materia , whether this were against the effect and intention of the former grant , and it was held no , but the Annuity shall continue .

Appeal cometh of the French word Appeller , Cook on Lit. l. 2. c. 11. sect. 180. Cook on Lit. l. 3. c. 8. sect. 500. that signifieth to accuse or appeach , it is an accusation , or of appeller to call , because appellans vocat reum in judicium , He calleth the Defendant into judgement .