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Acquiter is compounded of ad and the old Verb quietare, ••nd signifieth in Law to dis∣charge or keep in quiet, and to see that the Te∣nant* 1.1 be safely kept from any Entries or molestati∣on, for any manner of service issuing out of the Land to any Lord that is above the Mesne, here∣of cometh acquital & quietus est, i. e. he is dis∣charged; and he that is discharged of a selony by
judgment, is said to be acquitted of the selony a〈…〉〈…〉atus de ••el-nia, and if it be drawn in que∣stion again, he may plead auter sois acquite.
And acquitall is either in deed or in Law; ac∣quitall* 1.2 in deed is either by verdict, or by battell, by verdict when by a Jury he is found not guilty o•• the offence whereof he is charged: by battell, as when in an appeal the plaintiff yeeldeth him∣self crea••t or vanquished in the field, the ••udgment shall be that the appelee shall go quit, and that he shall recover •••••• damages.
Acquital in Law is where two are indicted, the one as principall, the other as accessary, if the principall be acquitted indeed, th•• ••ther shall not be tryed, but shall be call'd to be acquitted in Law of course, but i•• the principall be discharged for the insufficiency of the indictment against him or have his Clergy the accessary i•• not acquitted.
Cook on Lit. lib. 2. sect. 142.
Cook. 2 In∣stit. 385.