A Philologicall Commentary, or an Illustration of the Most Obvious and Useful Words in the Law

Full Title of the Dictionary: A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law.

Foreword of the Dictionary

To the right Honourable and his Honoured Kinsman JOHN LISLE Esq One of the Lords Comissioners of the Great Seal of England.

My LORD,
IF Consanguinity and long acquaintance, and Converse together in three famous Societies, may be a sufficient ground for the Dedication of a Book to one; I hope, it will neither seem incongruous to others, nor be judged presumpti?on by you, that I make choice of a Lawyer, and among them, of your self (one of such eminent place in refe?rence to the Laws of the Land) to Patronize a Treatise of our Municipall Laws. I wish the VVork were as well worthy of your acceptance, as the application of my self to you is proper. Lex humana (saith Aqui?nas) est quoddam dictamen rationis, quo diriguntur humani actus. A humane Law is a certain dictate of reason by which humane acts are directed.

The Law of this Land is held to be the best every way for this Nation, it being the Birthright (as one of the great Sages of the Law saith) and the most antient and best Inheritance that the Subjects of this Realm have; for by it they enjoy not only their Inhe?ritance and Goods, in peace and quietness, but their Life and their most dear Country in safety. Among other principles of the Law are divers generall and particular Customes, Cum enim aliquid multoties fit (saith the Schoolman) videtur ex deliberato judicio provenire, & secundum hoc consuetudo & habet vim legis, & legem abo?let, & est legum interpretatrix. For when any thing is done very often, it seems to proceed from deliberate Judgment, and according to this Custom both hath the force of a Law, and abolisheth a Law, and is the interpreter of Laws, Your Office is to mo?derate the rigour of the Law, to weigh what is generally meet, and for the person.

Your Court is a Court of Equity or Conscience, as some call it. Let Conscience bear sway in all your public and private Determinations: It is a Stu?dy well becoming a Christian Magistrate; to labour in all things to approve his waies to God, Acts 24. 1. Heb. 13. 18. Lay out your self and your Abilities for him, before whose Barre the highest Judge on Earth must one day stand, and the higher our standing here is, the greater will the ac?count be at the generall Audit. The conside?ration of which, I hope, will have an influence upon all your Sentences and Actions;If you shall make it your VVork to exalt God, he will pour his Blessings abundantly both upon your self, and whole Family, which shall be the desire of

My Lord,
Your Affectionate Kinsman and Servant, Edward Leigh.

Preface

To the Candid READER.

Reader,

THere are three chief faculties, Law, Physick, and Divinity; the one respects the estate, the other the body, the third the soul. Every Englishman should labour for a competency of knowledg in all three; First of the Laws of the Land, that he may not (through the ignorance thereof) prejudice his estate; Secondly, of Physick, as the Proverb saith, Every man is a fool or a Physician; that is, either knows what is good or hurtfull for his own body, or else is not so wise as he should be; Thirdly, of Divinity; a man may be a bad Christian not?withstanding this knowledg; but he cannot be a good Christian without it.

The study of the Law is multorum annorum opus, and it must needs be the more difficult to attain unto perfection in it, since, though there be Inns of Court (Colledges as it were for Students in that Profession) yet the Law it self is not so well methodized (as other Sciences) nor are there Tutors or publick Teach?ers of the same, as of other Arts; but every Student is to acquire knowledg in it by his own industry: most of the Cases which he reads, are to be commited to memory.

Of all that have written systematically as it were by way of Institutes, Littleton is most extolled, he being the ornament of the Common Law, and (as some say) the most perfect and absolute Work that ever was writ?ten in any humane Science; I have collected my Materials out of him and Sir Edward Cook upon him, and his Reports, Perkins, Fitzherb. Nat. Brevium, Ployden, L. Dyer, Brooks Abridgment, Dr. and Student, Terms of Law, Cowels Interpreter, and many others, some of which I quote in the Margin almost for every thing.

And I hope that this little Treatise being in English, and digested into an Alphabeticall order, will be usefull for young Students in the Law, Iustices of Peace, and other Countrey Gentle?men, whose benefit I especially in?tend in the publication of it. But least any should object (as perhaps some may) that I have nothing here but what is already in the Terms of Law, and Cowels Interpreter; I shall intreat the Iudicious, to compare what I have of the word Accessary, Actions, Appeal, in the letter A. with what is in them, and so likewise in any other Letter; (to instance in no more) and I doubt not but he will acknowledge, that there is dif?ference enough between this and the others, though I do make use of them, as I do of divers other Authors.

This may suffice by way of Preface, I shall no longer detain thee from the Book, but wishing thee much good by these my labours, I rest,

About the Author: Edward Leigh (1602-1671)

In the words of the Tarlton Law Library (University of Texas School of Law):

“Edward Leigh was born in Leicestershire. After receiving his M.A. from Oxford in 1623, Title page of A PhiloloicallCommentary, 1652he entered the Middle Temple and devoted himself to law, divinity, and history. He served as a Member of Parliament at Stafford, and was appointed a seat in the assembly of divines. Leigh was a prolific but undistinguished writer, largely reworking existing texts without contributing anything new of substance.

His small octavo dictionary was no exception. First appearing in 1652, he intended it to be used by young students of the law and “country gentlemen.” In spite of his protestations to the contrary, Leigh’s definitions are quite similar to those found in Cowell and contemporary editions of Rastell, but simplified. A second edition of the dictionary, to which only a table was added, appeared in 1658.”

List of Entries in the Dictionary

Entries Starting by A

ABATE
ABBOT
ABEIANCE
ACCESSARIE
ACQUITTANCE
ACQUITER
ACRE
ACTION
ACTIONS
ADIOUENMENT
ADMISSION
ADMINISTRATOR
ADVOWSON
AFFEERORS
AFFRAY
AGE
AGREEMENT
ALIEN
ALMS
AMERCIAMENT
ANCESTOR
AN, IOUR
ANNATES
ANNUITY
APPEAL
APPENDANT
APPRENTICE
APPORTION
APPURTENANT
ARBITREMENT
ARRAIGN
ARREST
ASSAULT
ASSEMBLY
ASSISE
ASSUMPSIT
ATTACHMENT
ATTAINDER
ATTAINT
ATTORNEY
ATTOURNEMENT
AWARD
AVOWRY
AYDE

Entries Starting by B

BAIL
BAILEMENT
BAILIFF
BANK
BARGAIN
BARRE
BARRETOR
BASTARD
BATTERY
BUGGERY
BURGAGE
BURGLARY
BURGH ENGLISH

Entries Starting by C

CAPITE
CASTLE
CHALLENGE
CHAMPERTY
CHAMPERTERS
CHANCE-MEDLEY
CHANGE
CHARGE
CHARTER
CHATTELS
CHEVAGE
CLERGY
COLLEGIUM
CONDITION
CONFIRMATION
CONFISCATE
CONSPIRACY
CONSTABLE
CONTRACT
COPY-HOLD
CORONER
CORPORATION
COVENANT
COVINE
COUNT
COUNTY
COURT
CURSITER
COURTESIE OF ENGLAND
CURTILAGIUM
CONSUETUDO
CUSTOM

Entries Starting by D

DAMMAGE
DAMMAGE FEASANT
DEAN
DEBT
DECIES TANTUM
DECEIT
DEED
DEFEISANCE
DEFAULT
SE DEFENDENDO
DEFORCE
DEMAUNDANT
DEMAINES
DEMURRER
DENIZEN
DENIZATION
DEODAND
DERAIGNE
DETINUE
DEVISE
DEVIT
DISCRETION
DISCONTINUANCE
DISPARAGEMENT
DISSEISIN
DISTRESS
DIVORCE
DOMINICUM
DOOMES-DAY
DOWER
DRUNKENNESS
DURESSE

Entries Starting by E

ECCLESIA
ELECTION
ELEGIT
EMPARLANCE
ENDICTMENT
ENFRANCHISEMENT
ENTRUDER
EQUITY
ESCAPE
ESCHEAT
ESCHEATOR
ESTATE
ESSOIN
ESTOPPEL
ESTOUERS
ESTRAY
ESTREATS
EXCHANGE
EXECUTION
EXECUTOR
EXIGENT
EXTORTION
EVIDENCE

Entries Starting by F

FARM
FEALTY
FEE-SIMPLE
FEUDUM
FEE
FEES
FEOFFEMENT
FELONY
FELO DE SE
FINE
FLIGHT
FLOATSOM
FORCE
FORGING
FORMEDON
FOUNDATION
FRANCHISE
FRANKALMOIGNE
FRANK-TENEMENT
FRESH-SUIT

Entries Starting by G

GAVELKIND
GENERAL
GRAND SERIEANTY
GRANGE
GRANT

Entries Starting by H

HARRIOT
HEIR
HEREDITAMENT
HAERES
HOTCHPOT
HOMAGE
HOMICIDE
HOUSE
HUE
HUNDRED

Entries Starting by I

IDEOT
IETSAM
IGNORANCE
IMPRISONMENT
INCIDENT
INCUMBENT
INDUCTION
INDENTED
INFANT
INHERITANCE
INNE
INSTITUTION
INTRUSION
IOINTTENANTS
IOINTURE
IUDGES
IUDGMENT
IURATA
IUSTICES

Entries Starting by K

KING
KNIGHT
KNIGHTS-FEE
KNIGHTS-SERVICE

Entries Starting by L

LAND
LARCENIE
LATINE
LAW
LEGACY
LEASES
LIBELL
LIBERTY
LIGEANCE
LIMITATION
LIVERY

Entries Starting by M

MAGISTRATE
MAIME
MAINPRISE
MANNOUR
MAINTENANCE
MANUMISSION
MARRIAGE
MAXIM
MISPRISION
MONEY
MONOPOLY
MONSTER
MORTGAGE
MORTMAIN
MULIER
MURDER
MUTE

Entries Starting by N

NAME
NIEFE
NISI PRIUS
NON COMPOS MENTIS
NOBILITY
NUSANS

Entries Starting by O

OATH
OBLIGATION
OCCUPATION
OFFICE
OXGAUGE
ORDINARY
ORDAEL ORDALIUM
OUTLAWRIE

Entries Starting by P

PAINE FORT ET DURE
PANNELL
PARAVAILE
PARCENERS
PATRON
PARSON
PARLIAMENT
PARQUE
PEACE
PERIURY
PILLORY
PIPOWDERS
PLEAS
POSSESSION
POUND
PRAEMUNIRE
PREROGATIVE
PRESCRIPTION
PRESENTMENT
PRESUMPTION
PRISON
PRIVITIE
PRIVILEDGE
PROCES
PROOF
PROPERTY
PROTECTION
PROVISO
PUBLIKE
PURCHASE

Entries Starting by Q

QUARRELS

Entries Starting by R

RANSOME
RAPE
REBOUTER
RECORD
REGISTER
RELATION
RELEASE
RELIEF
REMAINDER
REMITTES
RENTS
REPLEVIN
RESCEIT
RESCOUS
RESERVATION
RETRAXIT
REVERSION
RIGHT
RIOT
ROBBERY
ROGUE
ROUT

Entries Starting by S

SEISIN
SEISINA
SERGEANTS
SHERIFF
SOCAGE
SERIEANTY
STATUTE
STATUTES
STEALING
STEWARD
SVSPENCE
SUIT

Entries Starting by T

TAILE
TAIL
TALLAGE
TENEMENT
TENURE
TESTAMENT
TILLAGE
TITLE
TOLT
TOWN
TRESPASS
TRAVERSE
TREASON
TREASURE
TRIALL
TALLAGIUM

Entries Starting by V

VAGABOND
VERDICT
VILLENAGE
VOID
VOUCHER
USURY
UTLARY

Entries Starting by VV

VVAGE
WAIF
WAIVE
WAPENTAKE
WARDSHIP
WARRANTY
WARREN
WASTE
WIFE
WITHERNAM
WRECK
WRIT
WRONG

Entries Starting by Y

YARD-LAND

A Philologicall Commentary