in law. Franchise and liberty are used as synonymous terms; and their definition is, "a Black's royal privilege, or branch of the king's prerogative, substituted in the hands of a subject." Being therefore derived from the crown, they must arise from the king's grant; or, in some cases, may be held by prescription, which, as has been frequently said, presupposes a grant. The kinds of them are various, and almost infinite. We shall here briefly touch upon some of the principal; premising only, that they may be vested in either natural persons or bodies-politic; in one man, or in many; but the same identical franchise, that has be- fore been granted to one, cannot be bestowed on ano- ther, for that would prejudice the former grant.

To be a county-palatine, is a franchise vested in a number of persons. It is likewise a franchise for a number of persons to be incorporated and subsist as a body politic; with a power to maintain perpetual suc- cession, and do other corporate acts; and each indivi- dual member of such corporation is also said to have a franchise or freedom. Other franchises are, to hold a court-leet; to have a manor or lordship; or, at least, to have a lordship paramount; to have waifs, wrecks, escheats, treasure-trove, royal fish, forfeitures, and deo- dands; to have a court of one's own, or liberty of holding pleas and trying causes; to have the cogni- zance of pleas; which is a still greater liberty, being an exclusive right, so that no other court shall try cau- ses arising within that jurisdiction; to have a bailiwick, or liberty exempt from the sheriff of the county; where- in the grantee only, and his officers, are to execute all process; to have a fair or market; with the right of ta- king toll, either there or at any other public places, as at bridges, wharfs, or the like; which tolls must have a reasonable cause of commencement, (as in considere- tion of repairs, or the like), else the franchise is ille- gal and void; or lastly, to have a forest, chase, park, warren, or fishery, endowed with privileges of royalty. See Chase, Forest, &c.