(66) man be wounded, and the percussor [striker] is voluntarily let go by the jailor, and after death ensueth of the hurt, yet this is no felonious escape in the jailor. Bacon's Max. ub. sup. Lord Bacon illustrates this maxim by several cases from the old books, but makes no reference to the civil law from whence it is derived: (Nunquam crescit ex postfacto præteriti delicti æstimatio;) the difference consisting only in the arrangement of the words. Dig. 50. 17. 139. 1. The principle of this maxim forbids the passage of ex post facto laws. See Ex post facto. ÆSTIMATIO CAPITIS. L. Lat. [Sax. were.] In Saxon law. The estimation or valuation of the head; the price or value of a man, (pretium hominis.) By the laws of Athelstan, the life of every man, not excepting that of the king himself, was estimated at a certain price, which was called the were, or æstimatio capitis. Crabb's Hist. Eng. Law, ch. 4. Blount. (67) 129 a. Afferatores. 4 Bl. Com. 379, 380. Hob. F. N. B. 75 I. K. Id. 76 A. D. 8 Co. 77, [39, 40] 1 Salk. 56. 3 Id. 33. The officers by whom this was done were called affeerors, and the assessment an affeerment, or afferance, (qq. v.) 4 Bl. Com. 379, 380. 1 Show. 62. See Amercement. AFFEEREMENT, Afferement, Affearment. In English law. The assessment, liquidation, moderation or mitigation of an amercement. 4 Bl. Com. 379. 1 Crabb's Real Prop. 505, § 653. (68) administer it; a sworn statement in writing; a statement, in writing, of one or more matters of fact, signed by the party making it, and sworn to before some authorized officer. To make affidavit of a thing is to testify to it upon oath, in writing. See 3 Bl. Com. 304. thing, and is constantly used by Bracton in this sense. See Affidare. Thus, in the old law of essoins, the essoiner was required to swear that he would have his principal in court at a certain day, (affidabit essoniator quod habebit dominum suum ad certum (alium) diem). Bract. fol. 337 b, The party making an affidavit is usually 351 b. And if neither principal nor esdescribed as "the deponent," (sometimes, soiner appeared at the day, the latter was "the affiant," (q. v.) and in making his allowed to excuse both by a new essoin statements is said to depose-("being duly that he could not come, nor have his prinsworn, deposes and says,")—but an affidacipal, as he swore to do, (sicut affidavit,) on vit is distinguished from a deposition, proaccount of misfortune, &c. Id. fol. 352 a. perly so called, by the circumstance that it Non autem omnes essoniatores affidabunt, is always made ex parte, and without any sed illi tantum qui sunt baronibus inferiocross-examination. See Deposition, Deres; comites vero, barones et baronissæ non pose, Deponent. The term affidavit is also affidabunt, sed plegios invenient; but all applied, (though not with strict propriety,) essoiners shall not swear, but only those to statements made on affirmation. Affiwho are inferior to barons; earls, barons davits are most commonly used for certifyand baronesses shall not swear, but shall ing or proving the service of process, or find pledges. Fleta, lib. 6, c. 10, § 15. other matters relating to the proceedings The word affidaverunt (they pledged in a cause, or in support of, or opposition themselves by oath) is used in an old to motions, in cases where a court determines matters in a summary way. 3 Bl. Com. 304. 3 Steph. Com. 679. 1 Tidd's Pract. 491. United States Digest, Affidavit. In the late Texas cases of Shelton v. Berry, (19 Texas R. 154,) and Crist v. Parks, (Id. 234,) it was held that the signature of the party sworn is not an essential part of an affidavit, where there is no statute or rule of court requiring it; and the first edition of this Dictionary was cited by the court, among other authorities, to show that signature does not enter into the original meaning and definition of the word. There are two early decisions in the Supreme Court of New-York to the same point. See Haff v. Spicer, 3 Caines' R. 190. Jackson v. Virgil, 3 Johnson's R. 540. 1 Burr. Pract. 342, (2d ed.) It is matter of daily practice, however, to regard an affidavit as imperfect, unless it be signed by the deponent or affiant. In all the best collections of practical forms, a signature constitutes a part of the affidavit; and there are definitions in the books which expressly incorporate the same idea. See Bac. Abr. Affidavit. concord made upon a writ of right, 33 Hen. II. cited by Lord Coke. 3 Co. pref. So, in a charter given at length by Blount, dated April 18, A. D. 1160, the words occur, "juravi et affidavi," I have sworn and pledged my oath (to keep the covenants contained in the instrument). Blount, voc. Covenant. By a gradual extension of meaning, the word affidare came to signify to swear generally, to swear to a thing already done, or to an existing fact, as well as to swear to do a thing in future. Reg. Orig. 29 b, regula. Fleta, lib. 2, c. 1, § 25. Hence the use of affidavit, in the third person of the past tense, as the emphatic word of the Latin forms in which oaths were recorded; from which the written oath of the present day has derived its name. AFFIERT, Afiert, Affert. L. Fr. It belongs, or behooves. Ceo que a luy affiert; that which belongs to him. Litt. sect. 44, 289, 294. Afferont; they belong. L. Fr. Dict. See Afiert. ( 69 ) child. Brande. More commonly termed West, and Crompton. filiation, (q. v.) ( 70 ) tive statute is one which prohibits a thingfrom being done, or declares what shall not be done. Blackstone describes affirmative acts of parliament as those "wherein justice is directed to be done according to the law of the land." 1 Bl. Com. 142.