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That downward hath succeeded in his house
From son to son, some four or five descents.

The ancient jewels of the crown are heir-looms, and shall descend to the next successor, and are not devisable by testament. For the law preferreth the custom before the devise. - Wood's Inst., 2nd ed., pp. 66, 67.

Consuetudo Hundredi de Stretford in Com. Oxon. est quod haeredes tenementorum infra hundredum praedictum existentium post mortem antecessorum suorum habebunt, &c., principalium, Anglicè, an heir-loom, viz. de quodam genere catallorum, utensilium, &c. optimum plaustrum, optimam carucam, optimum, &c. -Co. Litt., 18 b.

According to some authorities heir-looms consist only of articles of a large size, as benches, tables, cupboards fixed to the freehold. For example, Spelman, in describing an heir-loom, says, 'omne utensile robustius quod ab aedibus non facilè revellitur, ideoque ex more quorundam locorum ad haeredem transit, tanquam membrum haereditas.' (Gloss., voce Heir-loom.) But such bulky articles would be more properly described as fixtures.

Vio. 'Tis beauty truly blent, whose red and white Nature's own sweet and cunning hand laid on : Lady, you are the cruell'st she alive, If you will lead these graces to the grave And leave the world no copy.

Oli. O, sir, I will not be so hard-hearted; I will give out divers schedules of my beauty: it shall be inventoried,

INVENTORY.

LABEL.

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and every particle and utensil labelled to my will: as, item, two lips, indifferent red; item, two grey eyes, with lids to them; item, one neck, one chin, and so forth. Were you sent here to praise me ? *

Twelfth Night, Act i. Sc. 5.

Inventory, inventorium, is a list, a schedule containing a full and true description of all the goods and chattels of a testator at the time of his death, with their value appraised by indifferent persons, which every executor or administrator ought to exhibit to the Bishop or ordinary at such time as he shall appoint. (West. Symb., part I., lib. 2, sec. 396.)

The word label has two significations: it signifies a paper annexed by way of addition or explication to a will or testament, which is called a codicil or label (Cowell, Interpr.), and in this sense it may be used by Olivia, who says, 'I will give out divers schedules of my beauty: it shall be inventoried, and every particle and utensil labeiled to my will.' The word label also signifies a slip of paper or parchment for an appending seal; and to understand thoroughly the following passage in Richard II., the idea of such a label is necessary.

York. What seal is that, that hangs without thy bosom?

Yea, look'st thou pale? let me see the writing.

Aum. My lord, 'tis nothing.

York.

No matter, then, who see it:

I will be satisfied; let me see the writing.

Aum. I do beseech your grace to pardon me :

It is a matter of small consequence,

Which for some reasons I would not have seen.

York. Which for some reasons, sir, I mean to see.

I fear, I fear,

Duch.

What should you fear?'

'Tis nothing but some bond, that he is enter'd into For gay apparel 'gainst the triumph day.

York. Bound to himself! what doth he with a bond That he is bound to? Wife, thou art a fool.

Boy, let me see the writing.

Act v. Sc. 2.

The seal York noticed hanging without Aumerle's bosom was appended to such a label or slip of parchment; and in this sense the word is also used by Juliet

God join'd my heart and Romeo's, thou our hands;
And ere this hand, by thee to Romeo seal'd,
Shall be the label to another deed,
Or my true heart with treacherous revolt
Turn to another, this shall slay them both.

Romeo and Juliet, Act iii. Sc. 1.

who implies that Romeo was a deed to which her hand had been attached as a label, and she

WILL OR TESTAMENT.

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states what she would do ere that hand should be a label to another deed, in other words, ere she would marry Paris or any other man.

Antony. But here's a parchment with the seal of
Cæsar:

I found it in his closet, 'tis his will.
Let but the commons hear this testament.

Julius Cæsar, Act iii. Sc. 2.

It may seeme that a testament and a last will be both one thing, and that there is no difference betwixt the one and the other, at least heere in England, because we have no necessarie use of those solemn testaments, in making whereof, the presence of vii. witnesses, together with observation of many moe ceremonies, is necessarily requisite by the Civill lawe. On the contrary, it seemeth that they are not both one; partely because they have diverse names, which doth import diversitie of things; especially because they have different definitions: for it is received for an infallible axiome, that the definitions being different, the things defined are diverse. As for the former reason, it may be thus answered. That albeit our Testaments be unsolemne, yet it doth not follow that therefore we have no testaments, or that our testaments are therefore meere last willes. For an unsolemne testament is a testament, and that properlie or in strict interpretation, as hereafter shall be confirmed, when wee shall speake of unsolemne testaments. And so the conclusion seemeth rather necessary then probable, that a testament and a last will are not both one, but different. Notwithstanding, this conclusion is not simply or perpetually true, for in some respects they are both one, though in other respects they differ. Under

stand, therefore, that a testament may be taken two manner of wayes: largely, and strictly. It is said to be taken largely or generally when the signification of the bare name or word Testament (which in Latin is Testamentum) is had in consideration. This word Testamentum is as much as Testatio mentis, that is to say, a testifying or witnessing of the minde. So writeth the worthy Emperour Justinian, after Sulpitius, which deduction others (without cause, I confesse, yet not without scofs) doe sharply reprehend. As though, forsooth, Justinian or Sulpitius had contended to deliver the very Etymologie of the worde Testament, and not a certaine Allusion rather of the voice onely. When this word testament is uttered in this generall sence, it differeth not from a last will; and any last will, be it a Codicill or other kinde, may be so tearmed a Testament, that is to say, a testifying, or declaring of the minde. And hence it is that not only in our speech, but in our writinges also, wee use the tearmes of Testament and Last Will indifferently, or one for another. It is taken strictly, when it is accepted according to that definition invented by Ulpianus, hereafter ensuing, and being taken in that sence, it differeth from a last will, yet not as opposite thereunto, but as the speciall differeth from the generall, for every Testament is a Last Will, but every Last Will is not a Testament. To speake more plainly, thus they differ: a Last Will is a generall word, and agreeth to every several kind of last will or testament: Buta testament properly understoode, is one kinde of last will, even that wherein Executor is named. For by the naming of an Executor it differeth from the rest. - Swinburn, 3.

All. The will! the testament!

Sec. Cit. They were villains, murderers: the will! read the will.