Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-08-20
FOr The Free Press
A NEW LAW DICTIONA Vary,
or Jacobs illustrated.
By GODFREY GRANT, ATTORNEY.

EsQuRE-iron the French escuver-one who car
res shield, Sir Edward Coke says that every
esquire is genteman-and gentleman is who
bears coat armour l.. l. Cos. Thus it appears that
the prac'lce-so prevalent now "A -days-of distinguish
ing gentlemen by their coats, quite ancient so DID,
indeed, that 1t is great wonder it should be rather
childish That one person should be considered u
gentleman and called Square, and that another
should pass for a scullion merely because the former
mas coat OF arms, and the latter arms to his coat
Or what amounts to the thing, is q little out
Elbows, IS very Notifying reflection the dis
elimination Of mankind See Sartor Resartus. 1t
ought TO be Observed however that all the authorities
do not agree with Sir Edward Coke and his followers
Btunt who seems to have been very acute thinker,
acknowledges that 1t is somewhat difficult to define
" real gentleman but says very plainly that no es-
tate, however large can confer this rank upon its
owner"
EsTorrEIr-fom etouper, Fan impediment to an
action arising from mans own act. Co., Lit :}!2.
The legal mpediment here mentioned obviously de-
rves It's from its analogy the of one who,
having lndsctcety corked his bottle too tight, finds,
afterwards when he would enjoy the right ol druught
that he is stopt by his own stopple
EvrDrNcE-proofby testimony of witnesses, on oath,
or by writings, records 1t rule OF the law that
are several exceptions, of which the most notable is
that relating to npeaching testimony If the point
IN dispute be whether certain dog is accustomed to
bite sheep the court will take nothing less than the
wtlesss personal knowledge Of the matter, but If
the question be whether A. L. Is a liar and accus-
toned TO bite men in respect to his promises, then
hearsay Is not only admissible, but the law won't
hear the witness say any thing else Such is the pro-
found ohscnrty OF the law that is often necessary
examine the Reports to what ii is but one
would suppose that facts ought be settled on more
substantial basis than Rumor.
EXcuEQrER-irom the French erchequer. Camden
says that the Court Of Exchequer took its name from
the parti-colorcd cloth which ancentIy covered the
board around which the judges sat ByactoR, P. ll3
his board OF Exchequer seems TO have been the old
est chcquerboard OF which there is any authentic ac-
count, having been manufactured in England under
the reign OF the Saxon kings
FEEs- certain perquisites allowed to aornies and
others in the administration OF justice. The law hath
great respect Tor fees Certain things said to be
odiuus 10 the law, such dIatory pleas which are
not at all pleasing TO any but the pleader But
this cannot be ayeired OF fees without which would
be quite impossible to maintain either the lawor the
/ lawyers. Fees are of several degrees and kinds
though all fees considered by attornes as kind
according their degree.
i A limited fee-s where the lawyer i pre-ndyised
I thnt he shall have much for his services and no
more
| A conditional feels where the attornes reward ii
made to depend on the event OF the suit,
Where the counsellor takes only single fee it is
termed fee simple, hut If he afterwards accept ice
from the other side, the latter is termed base fee
Holding base fee &c considered dshonorablr tenure
and conycyances OF this sort pretty much gone into
desueude Although this kind of fee is not 1t present
in good epue, there be little doubt that It's use
would 90 far not only to enrich the lawyers bu, to
prevent that yocerous zeal, and indecent custom OF
recriminaton which, nowadays characteristics the
profession.
FINE. The law has great deal to say about fines
OF which II mentions many SORTS one kind o lin.
consists IN a compulsory ryylng OF money-hut what
there very hne about this process as to entite i
to that encomlastc epithet, it is quite impossible
conjecture Perhaps the phrase comes from the Latin
fais on the hypothesis that the fine is the end or OBJ
ect of the law for the violation OF which the fine IS
ostensioy imposed This seems so exactly true in the
case OF militia fines, give some color to tie SUD
position.
Fines are Of great antiquity Plomdea says they
are as old as the first rudImenis OF English law, and
quotes the statute Is Ed l,--caed modus ieraadi
fines But II Piowden had plowed in the classics a
little deeper he would have learned that fines date
far back Horace, who, speaking OF the vexa,ons Of
his day, says
slnt certi dc,,i1ue fines"