p. 22, 1. 1.-"Ouster le main is a writ that is directed to the escheator, to deliver seisin or possession out of the king's hands unto the party that sues the writ, for that the lands seised are not holden of the king, or for that he ought not to have the wardship of them, or for that the king's title is determined, &c."

p. 22, 1. 18.-"Attorney signifies in legal acceptation, one appointed by another man to do anything in his stead. Attorney is either general or special. Attorney general is he that by general authority is appointed to manage all our affairs or suits. Attorney special is he that is employed in one or more causes particularly specified. Attorney is seldom used now except of attorney at law."

In Trench's "Glossary" it is said that 'attorney" is seldom used now except of the

Termes de la
Ley.

Cowel.

Trench.

Several.

Co. Litt. $297, 298.

attorney at law. But formerly, any who in any cause acted in the room, behalf, or turn of another, would be called his "attorney." And the writer cites the passage in the text in support of this meaning.

p. 34, 1. 18.-Walker (Critical Examination, &c., vol. iii. p. 14) would point "cuckold! wittol! cuckold!"

p. 39, 1. 4" Also if lands be given to two to have and to hold s[everally]." Mr. White's conjecture, which he has introduced into the text of Littleton, and distinguished by printing it in brackets, is not supported by author- . ity. In "Littleton's Tenures in French and English," printed in parallel columns, the word in both columns is "scil.," which has its common and ordinary meaning. Sect. 298 in Coke on Littleton (19th ed.) is as follows: "If lands be given to two to have and to hold, scil. the one moity to the one and to his heires, and the other moity to the other and to his heires, they are tenants in common." That this is the true and only meaning (even if there could be a doubt) is evident from the preceding section (§ 297), in which the word "scil." in the French column is rendered "viz." in the English. Co. Litt. § 297 runs thus: "Also, if

lands be given to an abbot and a secular man,
to have and to hold to them, viz. to the abbot
and his successors, and to the secular man to
him and to his heires, they have an estate in
common, causâ quâ suprâ.”

p. 42, 1. 2.-In Greene's "Quip for an Upstart
Courtier," sig. D. 3d ed. 1620, there is a
graphic description of a sergeant or sheriff's
officer: "One of them had on a buffe-leather
jerkin, all greasie before with the droppings
of beere, that fell from his beard, and by his
side, a skeine like a brewer's bung knife; and
muffled he was in a cloke, turn'd over his
nose, as though hee had beene ashamed to
showe his face." Dr. Johnson, in his Diction-
ary, defines a bum-bailiff as "a bailiff of the
meanest kind; one that is employed in ar-
rests." "It is painful to relate," says Lord
Macaulay, "that, twice in the course of the
year which followed the publication of this
great work [his Dictionary], he was arrested
and carried to spunging houses, and that he
was twice indebted for his liberty to his excel-
lent friend Richardson."

p. 43, last line. See also the dialogue between Elbow and Lord Escalus, in "Measure for Measure," Act ii. sc. 1, as to the forms of action.

Sheriff's officer.

Johnson.

Macaulay.

Statute merchant.

Howell, 958; s. C. Phillippe, 21.

P. 45, 1. 15.-These words were usual in indict-
p.
ments in Shakespeare's time (3 Inst. 59); and

they are retained in modern statutes and pre-
cedents of indictments.

p. 46, 1. 17.- Beaumont and Fletcher founded their play, "The Custom of the Country," upon this usage.

p. 61, 1. 10.-"The mercer, hee followeth the young vpstart gentleman, that hath no gouernement of himselfe, and he feedeth his humour to goe braue: hee shall not want silkes, sattins, veluets, to pranke abroad in his pompe; but with this prouiso, that hee must binde ouer his land in a statute merchant or staple: and so at last forfeit all unto the mercilesse mercer, and leaue himselfe neuer a foot of ground in England." -GREENE, "Quip for an Upstart Courtier," sig. F. 3. ed. 1620, quoted by Dyce, ed. Middleton, vol. ii. p. 123 note.

p. 66, 1. 1. During the trial of the Duke of Norfolk for high treason, in the year 1571, he repeatedly requested that the witnesses for the crown should be brought "face to face;" and, on hearing the confession of the Bishop of Ross read against him says: "it is of good ground that I have prayed to have the Bishop of Ross brought to me in private examination,

face to face, whereby I might have put him in
remembrance of truth; but I have not had him.
face to face, nor have been suffered to bring
forth witnesses, proofs, and arguments as
might have made for my purgation."

p. 66, 1. 8.- John Owen alias Collins of Godstow
in the county of Oxford was indicted and
arraigned of high treason, for speaking there
(among others) traitorous English words: "If
the king be excommunicate by the pope, it
is lawful for every man to kill him, and it is
no murder," to which words he pleaded, Not
guilty. And after the evidence was introduced,
Cook, Chief Justice, said: "The matter of his
indictment of treason was, his intent to com-
pass the king's death. And notwithstanding
that the words as to this purpose were but
conditional, viz., 'If he were excommunicate,'
yet it was treason. For proof of which this
case was cited. The Duke of Buckingham,
in the time of King Henry the Eighth said,
That if the king should arrest him of high
treason, that he would stab him with his dag-
ger;' and it was adjudged a present treason.
And he said that in point of allegiance none
must serve the king with Ifs and Ands. And
afterwards Owen was found guilty, and judg-
ment of treason was given."

Owen alias Collin's case, in the King's Bench, Godbolt, pl. 363, p. 263.