133 
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thefe are aCts which denote his intention to hold no lon¬ 
ger by copy. Hull. 65.—So if a copyholder accepts to hold 
of his lord, by bill under the lord’s hand, this determines 
his copyhold ; and if he accepts an eftate for life by pa¬ 
rol, if with livery, this is an extinguifhment ; otherwife 
not; for without livery nothing but an eftate at will palles, 
which cannot merge or extinguifti an eftate at will. 1 And. 
199. If one 1'eifed of a manor in right of his wile lets 
lands by indenture for years, this doth not deftroy the cuf- 
totn as to the wife ; for after the death of her hufband the 
may demife it again by copy.. Cro. Eliz. 459. 
Extinguishment of Debt. —If feme foie debtee 
take the debtor to hufband ; or there be two joint obli¬ 
gors hi a bond, and the obligee marries one of them ; or 
in cafe a perfon is bound to a feme foie and another, and 
flie takes the obligor to hufband ; in thefe cafes, the debt 
will be extinguiftied. 8 Rep. 136. And if a debtor makes 
the debtee his executor, or him and another executors, 
and they take the executorfliip upon them ; or if the 
debtee makes his debtor executor, &c. it is an extinguifh¬ 
ment of the debt, and it (hall never revivb. But where 
a debtee or debtor executor legally refufeth ; or he and 
others being made executors they all refufe, then the debt 
is revived again. Plowd. 1S5. It is agreed as a general 
rule, that a creditor’s accepting a higher fecurity than he 
had before, is an extinguifhment of the firft debt ; as if a 
creditor by fimple contrail accepts an obligation, this ex- 
tinguifhes the fimple contrail debt. 1 Rol. Abr. 470. So 
if a man accepts a bond for a legacy, he cannot after fue 
for his legacy in the fpiritual Court ; for by the deed the 
legacy is extinCt, and it is become a mere debt at common- 
law. Yelv. 38. So if a bond creditor obtains judgment 
on the bond, or has judgment acknowledged to him, he 
cannot afterwards bring an aCtion on the bond ; for the 
debt is drowned in the judgment, which is a fecurity of 
a higher nature than the bond. 6 Co. 44. b. By a releafe 
of part of a debt due on bond, the whole is gone, and the 
obligation extinguiftied. Bro. ContraB. 80. 1 And. 235. 
Extinguishment of Liberties. —Liberties and fran- 
chifes granted by the king,may fometimes be extinguiftied, 
and fometimes not. Moor, 474. When the king grants 
any privileges, liberties, or franchifes, which were in his 
own hands,Ws parcel of the flowers of the crown, fuch as 
bona felonum, fugitivorum, & utlagatorum, waifs, ftrays, deo- 
dand, wreck on the fea, See. if they come to the crown 
again, they are drowned and extinCt in the crown, and the 
king is feifed of them jure coroiue: but if liberties of fairs, 
markets, or other franchifes, and jurifdiCtions, be ereCted 
and created by the king, they will not be extinguiftied, 
nor their appendances fevered from the pofteflions. 9 Rep. 
25. A man has liberties by prefeription, if he takes let¬ 
ters patent of them, the prefeription will be gone and ex- 
tindl ; for things of a higher determine thole of a lower 
nature. 2 Hen. VII. 5. 
Extinguishment of Services. —The lord purchafes 
or accepts parcel of the tenancy, out of which an entire 
fervice is to be paid or done ; by this the whole fervice 
iwiil be extinCt: but if the fervice be pro bono publico, then 
no part of it (hall be extinguiftied ; and homage and 
fealty are not fubject to extinguifliment, by the lord’s 
pnrch ifing part of the land. Co. Lit. 149. If the lord and 
another perfon do purchafe the lands, whereout he is to 
have fervices, they are extinct : alfo by feverance of the 
fervices, a manor may be extinguiftied. Co. Lit. 147. 
Extinguishment of Ways. —If a man hath a high¬ 
way as appendant, and after purchafes the land wherein 
this way is, the way is extinCt. Terms de Ley. Though 
a way of neceflity to market, or church, or to arable land, 
&c. is not extinguiftied by purchafe of ground, or unity 
®f polfeftion. 11 Hen. VII. 25. Co. Lit. 135. 
To EXTI'RP, v.a. lextirpo, Lat.] To eradicate j to 
root out. Not vfed: 
Which to extirp he laid him privily 
Down in a darkfome lowly place far in. Fairy Queen, . 
EXT 
To EXTIR'PATE, v.a. \_cxtirpo, Lat.] To root out; 
to eradicate; to exfeind; to deftroy.—It Ts not the bufi- 
nefs of virtue to extirpate the affections, but to regulate 
them. Addifon. 
EXT IR P A'TION, f. The aCt of rooting out; eradi¬ 
cation; excilion ; deftruCtion.—Religion requires the ex¬ 
tirpation of all thofe paffions and vices which render men 
unfociable and troubiefome to one another. Tillotfon. 
EXTIRPATIO'NE, J. A judicial writ, either before 
or after judgment, that lies againft a perfon who when a 
verdiCt is found againft him for land, &c. doth mali- 
cioully overthrow any houfe, or extirpate any trees upon 
it. Reg. Jud. 13, 56. 
EXTIRPA'TOR, f. One who roots out; a deftroyer. 
EX'TISPEX,/. [exta, the entrails, and fpecio, Lat. to be¬ 
hold.] In antiquity, the perfon who was to view and draw 
prefages from the entrails of the bsafts offered in facrifice. 
EIXTISPI'CIOUS, adj. \_extfpicium, Lat.] Augurial ; 
relating to the infpeCtion of entrails in order to prognofti- 
cation.—Thus hath lie deluded many nations unto his 
augurial and extifpicious inventions, from cafual and uncon¬ 
trived contingencies, divining events fucceeding. Brown. 
To EXTO'L, v.a. [_cxtollo, Lat.] Topraife; to mag¬ 
nify; to laud ; to celebrate.— Extol him that rideth upon 
the heavens. P/alms. 
Heav’n and earth (hall high extol 
Thy praifes with th’ innumerable found 
Of hymns, and facred fongs, wherewith thy throne 
Encompafs’d (hall refound thee ever bleft. Milton. 
EXTOL'LER,/. A praifer; a magnifier; one that 
praifes to the (kies. 
EXTOL'MENT, f. Panegyric. A word meant for 
affeCted, yet by no means a bad one in itfelf.—In verity 
of extolment. Shakefpeare. 
EXTOR'SIVE, adj. Having the quality of drawing by 
violent means. 
EXTOR'SIVELY, adj. In an extorfive manner; by 
violence. 
To EXTOR'T, v. a. [ extorqueo , extortus , I.at.] To draw 
by force; to force away ; to wreft ; to wring from one : 
’Till the injurious Romans did extort 
This tribute from us, we were free. Shakefpeare. 
To gain by violence or oppreffton.—Are my cherts fill’d 
up with extorted gold ? Shakefpeare. 
To EXTOR'T, v.n. To praCtife oppreflion and vio¬ 
lence. Now difufed. —Before they did extort and opprefs 
the people only by colour of a lewd cuftom, they did af¬ 
terwards ufe the fame extortions by warrant. Davies. 
EXTOR'T, part, abbreviated from extorted: 
They came unto a citie farre up land, 
The Which whylome that ladie’s owne had bene, 
But now by force extort out of her hand 
By her ftrong foe. Spenfer. 
EXTOR'TER, f. One who praCtifes oppreflion or ex¬ 
tortion.—Edric the extorter was deprived by king Canute 
of the government of Mercia. Camden. 
EXTOR'TION, f. The att or practice of gaining by 
violence and rapacity. Force by which any thing is un- 
juftly taken away.— A fucceeding king’s juft recovery of 
rights from unjuft ufurpations and extortions, (hall never 
be prejudiced by any aCt of mine. King Charles. 
EXTOR'TION, f. in law, is ufually applied to that 
abufe of public juitice, which confifts in the unlawful 
taking by an officer, &c. by colour of his office, of any 
money, or valuable thing, from a perfon where none at all 
is due, or not fo much is due, or before it is due. Co. Lit. 
368. 10 Rep. 102. The diftinCtion between bribery and 
extortion feems to be this : the former offence confifts in 
the offering a prefent, or receiving one if offered ; the lat¬ 
ter, in demanding a fee or prefent, by colour of office. 
At the common law, which was affirmed by the ftatute 
of Weltm. i, c. 26, it was extortion for any minifter of 
j the 
