as to be raised above the lessons of instruction and wisdom which it conveys. In this Essay we have briefly sketched the Rise and Progress of the English Constitution, from the commencement of our legal polity to the present time. "Of a Constitution so wisely contrived, so strongly raised, and so highly finished, it is hard to speak with that praise which is justly and severely its due: the thorough and attentive contemplation of it will furnish its best panegyric." To assist this "attentive contemplation," we have arranged the information contained in the following pages in an alphabetical form, so that it may more readily catch the eye, and thus avoid the trouble of research. This information we have endeavoured to render as briefly as is consistent with accuracy, merely relating all what directly bears upon the subject without the tedious repetitions of legal technicalities, in the hope that thus condensed it will be more serviceable to the student and general reader, for whom this work is only intended. OUR CONSTITUTION.” Abjuration Oath.-The last Act to which the royal assent was given by William III. on his deathbed, March 2, 1702, required all persons in office, members of the universities above eighteen, members of the legal profession and schoolmasters, Peers and Members of Parliament, to take the oath abjuring the claims of the Stuarts. The oath was altered in the reign of Queen Anne, and put into a new form by 6 Geo. III. c. 53 (1766). It was changed for Roman Catholics by 31 Geo. III. c. 32 (1791), and in 1829 by the Roman Catholic Relief Act. By the statute 21 & 22 Vict. c. 48 (July 23rd, 1858), one oath was substituted for the three oaths of Abjuration, Allegiance, and Supremacy. Abjuration of the Realm, was an engagement, on oath, to quit the realm, and never return to it without the king's license. The ancient common law of England allowed a person who had committed any felony, except treason and sacrilege, to make such an oath before the coroner within forty days after taking sanctuary, under the penalty of death by hanging if he broke it, unless he was a clerk; in which case he was allowed benefit of clergy. Abjuration underwent several modifications in the reign of Henry VIII., and was abolished as a privilege, together with that of sanctuary, in 1624. By 35 Eliz. c. 1, Roman Catholics and Protestant dissenters convicted of having refused to attend the service of the Church of England, might be required to abjure the realm. From this Act, which was passed in 1593, Protestant dissenters were exempted in 1689, but Popish recusants not until 1791. Abeyance. When the inheritance to which a party claims to be entitled is not in the possession of any one, it is said to be in abeyance. Titles of honour and dignities are said to be in abeyance when it is uncertain who shall enjoy them; as when a nobleman, holding his dignity descendible to his heirs general, dies, leaving daughters, the Queen by her prerogative may grant the dignity to which of the daughters she pleases, or on the male issue of one of such daughters. During the time the title to the dignity is thus in suspension, it is said to be in abeyance. A parsonage remaining void, is also said to be in abeyance. In a more loose sense, this term is used to denote that a judgment is pending relative to a matter or right undetermined, and of which no one has the immediate enjoyment, the right being in a state of suspension. Abuttals, or Boundaries.-The buttings or boundings of lands, East, West, North, or South, with respect to the places by which they are limited and bounded. The sides or the breadth of lands are more properly described as adjacent or bordering, and the ends in length abutting or bounding. Boundaries are of several sorts, such as hedges, ditches, and inclosure of walls, land-marks in common fields, trees and boundary stones in parishes, brooks, rivers, highways, in manors or lordships, &c. It is the duty of a tenant to preserve as he found them, distinct, the boundaries of his landlord, and of landlords of adjoining property; and if he suffer them to become confused, he may be bound to substitute land of his own of equal value, to be ascertained by commissioners. Where freehold and copyhold land is intermixed, it is prudent to obtain and mark, from time to time, the boundaries of the different parts of the estate, which should be done in the presence of the steward or bailiff of the manor, or at least he should have notice to attend. Accedas ad Curiam.-The title of a writ which removes a plaint from an inferior Court, the issuing of which is a preliminary to trying a question of right upon a distress of goods by the proceeding called Replevin. Accessory, before the fact, is defined to be a person who, being absent at the time of the felony committed, yet procures or abets another to commit a felony. After the fact-is a person who, knowing a felony to have been committed by another, receives or assists the felon; but a bare knowledge of the felony will not make him accessory, even if he agree for money not to give evidence against the felon. All who are aiding and abetting when a felony is committed, and as such being accessories, are styled principals in the second degree, in contradistinction to principals in the first degree, who are the persons actually committing the felony. However, it is to be recollected that, in the highest and lowest offences, high treason and misdemeanour, all are principals, and must be indicted as such. In murder also, all aiders, abettors, and accessories before the fact, are treated as principals in the first degree. It is therefore only in felonies below treason that there can be accessories. The accessory before the fact of any felony is deemed guilty of felony, and punished accordingly. He may be tried before the conviction of the principal, but the best and most usual way is to try the principal and accessory together. Accountant-General.-An officer in the Court of Chancery, being one of the Masters in Chancery appointed to receive all money paid into that Court: his duty is to convey all money to the Bank, which he does by investing the same in stock. All stock ordered to be paid into Court is transferred in his name. The Accountant-General's salary is paid out of the interest arising from the Suitors' Fund. To forge his handwriting is punished by penal servitude for life. Act of Attainder, see ATTAINDER. Act of Settlement, see SETTLEMENT. Act of Supremacy, see SUPREMACY. Action is the remedy to be pursued for a wrong done, or is the right of suing by law for what is due to any one. Actions are divided into two classes-criminal and civil. Criminal actions are proceedings by indictment or inquisition against another so as to obtain judgment of death, penal servitude or imprisonment; or by information in the Queen's Bench, to have judgment by fine or imprisonment, or both, against another for misconduct, breaches of the peace, &c. Actions brought for some penalty or punishment under particular statutes when the party proceeded against is liable to corporal or pecuniary punishment, are called penal. Civil actions are divided into real, personal and mixed. Real actions are those which concern real property only personal actions, those which relate to contracts both sealed and unsealed, and offences or trespasses; and mixed actions, those which lie as well for the recovery of the thing as for damages for the wrong sustained. In all cases of actions there must be a person able to sue and a person suable, and every one must bring his action in the form assigned by law. The causes for which actions can be sustained are infinite in their varieties, but there is no wrong to which a form of action is not applicable. We briefly mention the chief causes for which actions are generally instituted : Actions upon promises or mutual contracts not under seal. Actions to recover money in respect of deeds or contracts under seal. Actions to recover fixed sums of money. |