distinguished into three classes, by the colour of their flags, white, blue, and red. The admiral carries his flag at the main-topmast head, the vice-admiral at the fore-topmast head, and the rear-admiral at the mizen-top-mast head.

ADMIRALTY, THE HIGH COURT OF, held before the Lord High Admiral of England, or his deputy, styled the Judge of the Admiralty. There are two Courts, the Instance Court, and the Prize Court. The same judge presides in both Courts; in the former he sits by virtue of a commission under the Geat Seal, enumerating the objects of the jurisdiction, but specifying nothing relative to prize; in the latter, be sits by virtue of a commission, which issues in every war, under the Great Seal, to the Lord High Admiral, or commissioners for executing that office, requiring the Court "to proceed upon all and all manner of captures, seizures, prizes, and reprisals of ships and goods, which are or shall be taken, and to hear and determine according to the course of the admiralty, and the law of nations." The jurisdiction extends to cases of dispute between part owners of ships, to mariners' wages, to charges for pilotage, and bottomry bonds, also as to compensation for the salvage of a ship and the property in a wreck; over suits relating to the restitution of goods illegally taken, but not as a prize, to the right of possession of a ship, to assaults and batteries on the sea, and damage done by the collision of ships. See the 2 Wm. IV., c. 51. An appeal lies to the Judicial Committee of the Privy Council. It is not a Court of Record, and its proceeding, being according to the civil law like those of the Ecclesiastical courts, it is held at the same place with the Superior Ecclesiastical Courts at Doctors' Commons, in London.

This Court formerly had cognizance of all crimes and offences committed either upon the sea, or on the coasts, out of the boundary or extent of any English county, until the 4 & 5 Wm. IV., c. 36, establishing a new Court in London, called "The Central Criminal Court," enacted by its 22d section, that with a view to speedy justice, it should be lawful for the Judges to be appointed by the commissions to be issued under the authority of the act, or any two or more of them, to enquire of, hear, and determine any offence committed or alleged to have been committed on the high seas and other places within the jurisdiction of the Admiralty of England, and to deliver the gaol of Newgate of any person or persons committed to or detained therein for any offence alleged to have been done and committed upon the high seas aforesaid, within the jurisdiction of the Admiralty of England, and all indictments found and trials and other proceedings had and taken by and before the judges of oyer and terminer and gaol delivery, should be valid and effectual, to all intents and purposes whatsoever; and any three of such judges of oyer and terminer and gaol delivery,

might order and direct the payment of the costs and expences of such prosecutions in manner prescribed and directed by the 7 Geo. IV., c. 64. In 1840, the Court of Admiralty was entirely re-constructed, its practice improved, and civil jurisdiction extended by the 3 & 4 Vict., cc. 65, 66. The advocates, surrogates, and proctors of the Court of Arches were admitted to practise there, the proceedings of the Court were assimilated to those of the Common Law Courts, particularly in respect of vivá voce evidence taken in open Court; power to compel the attendance of witnesses and the production of papers; to direct evidence to be taken, viva voce, before a Court, to order issues to be tried in any of the Courts of Nisi Prius; bills of exception to be allowed on the trials of such issues, and with power to the Admiralty Court to direct a new trial of such issues; to make rules of Court, and to commit for contempt. Consult Bac. Ab. "Court of Admiralty." ADMISSION of a clerk by the bishop, when a patron of a church has presented to it. It is, in fact, the ordinary's declaration that he approves of the presentee to serve the cure of the church to which he is presented. Co. Litt. 344 a.

ADMITTANCE, giving possession of a copyhold estate. It is of three kinds : 1. Upon a voluntary grant by the lord, where the land has escheated or reverted to him. 2. Upon surrender by the former tenant 3. Upon descent, where the heir is tenant on his ancestor's death. Wood, b. 2, c. l. ADMITTENDO CLERICO, a writ of execution upon a right of presentation to a benefice being recovered in quare impedit, addressed to the bishop or his metropolitan, requiring him to admit and institute the clerk or presentee of the plaintiff. Reg. Orig. 33 a. ADMITTENDO IN SOCIUM, a writ for associating certain persons, as knights and other gentlemen of the county, to justices of assize on the circuits. Reg. Orig. 206. ADMORTIZATION, the reduction of the property of lands or tenements to mortmain, in the feudal customs. Encyc. Lond. AD MURUM, Waltown or Walton. ADNICHILED [nihil or nichil, Lat.]. Annulled, cancelled, made void, 28 Hen. VIII. Ad officium justiciariorum spectat, uni cuique coram eis placitanti justitiam exhibere. Inst. 451.-(It is the duty of justices to administer justice to every one seeking it from thein.)

2

AD PONTEM, Pawnton in Lincolnshire. Ad proximum antecedens fiat relatio, nisi im‐ pediatur sententia. Jenk. Cent. 180.-(Let the antecedent relation be connected with that which follows, unless it is intervened by a sentence.)

ADQUIETO, payment. Blount. Ad quæstiones facti non respondent judices; ad quæstiones legis non respondent juratores. Co. Litt. 295.-(The judges do not answer to questions of fact, the jury do not answer to questions of law.)

AD QUOD DAMNUM, a writ which ought to be issued before the Crown grants certain liberties, as a fair, market, &c, which may be prejudicial to others; it is addressed to the sheriff, to enquire what damage it may do to grant a fair, market, &c. It is also used to enquire of lands given in mortmain to any house of religion, &c. It may

she be, to keep her in proper restra ut till delivered. This writ will lie on behalf of the tenant in tail or hæres factus, as a devisee in fee, in tail, or for life, to guard them against supposititious births. It has been issued in cases of personal estate, but this has been considered as a stretch of power. Orig. 227.

Reg.

ing of ancient highways, which could not formerly be done, without a licence from the Crown, which was obtained by this writ on inquisition found, that such a change would not be a public detriment; but now a highway may be diverted by order of two magistrates. Termes de Ley, 26.

ADRECTARE [addressare], to do right, satisty, or make amends. Gerve Doroberen, anno, 1170.

Ad rectè docendum oportet primum inquirere nomina, quia rerum cognitio à nominibus rerum dependet. Co. Litt. 68.—(In order rightly to comprehend a thing, enquire first into the names, for a right knowledge of things depends upon their name.)

AD TERMINUM QUI PRETERIT, a writ of entry, which lay for a lessor or his heirs, where a lease of premises had been made for life or years, and after the term had expired the premises were withheld from the lessor or his heirs, by the tenant or other person possessing the same: but now by the 4 Geo. II., e. 28, if a tenant for life, or years, or person holding under him, shall wilfully hold over after the expiration of a notice in writing, given by the landlord, and after demand of possession, the tenant will be liable to double the yearly value for so long a time as he detains the premises, to be recovered by an action of debt.

And by the 11 Geo. II., c. 19, § 18, it is enacted, that if a tenant give notice of his intention to quit the premises (which need not be in writing), and do not deliver up possession at the time mentioned in his notice, he, or his executors or administrators, shall be liable to pay double rent, to be recovered by the landlord, either by distress or action at law.

AD VALOREM, a term strictly used in speaking of the duties or customs paid for certain goods; the duties on some articles are paid by the number, weight, measure, tale, &c., and others are paid ad valorem, that is, according to their value.

ADVENT, a coming to; also a time, containing a month preceding the nativity of Jesus Christ. It begins from the Sunday that falls either upon St. Andrew's day, being the 30th November, or next to it, and continues to the feast of Christmas day. Blount. AD VENTREM INSPICIENDUM (to inspect the womb). A writ which lies for the next heir, (i. e., verus hæres, and not hæres apparens), upon which a jury, composed of men and women (though the search is made by the latter), to examine whether the widow, who is suspected to feign herself with child, in order to produce a supposititious beir to the estate, be with child or not, and if

merchant or banker to another by letter, informing him of the bills or draughts drawn on him, with all particulars of date, or sight, the sum, to whom made payable, &c. Where bills appear for acceptance or payment, they are frequently refused to be honoured for want of advice. It is also necessary to give advice, as it prevents forgery; if a merchant accept or pay a bill for the honour of any other person, he is bound to advise him thereof, and this should always be done under an act of honour, by a notary public. McCulloch's Comm. Dict. ADVENTURE, a thing sent to sea, the adventure of which the person sending it stands to, out and home. Lex Mercatoria. AD VITAM AUT CULPAM, an office which is to determine only by the death or delinquency of the holder, or which is, in fact, hield quamdiù se bene gesserit (so long as he conduct himself well). Jacob.

ADULTERY, formerly termed Advowtry, (quasi ad alterius thorum.) The sin of incontinence between two married persons, or, it may be where only one of them is married, in which case it would be single adultery, to distinguish it from the other, which is double. This offence is only punishable by ecclesiastical censure and penance; the temporal courts do not take any cognizance of it as a public wrong. It is by these courts considered only as a civil injury, the remedy being by action, in which the husband may recover against the adulterer, a compensation in damages, for the loss of the society, comfort, and assistance of his wife, in consequence of the adultery. Consult Selwyn's Nisi Prius, title “Adultery.”

In those countries where polygamy prevails, the sentiment in respect to the perpetration of adultery, is this: If a married man have criminal intercourse with a married woman, or with one promised in marriage, or with a widow expecting to be married with a brother-in-law, it is accounted adultery. If he be guilty of such intercourse with a woman who is unmarried, it is considered fornication. Adultery, even before the time of Moses (Gen. xxxviii. 24), was reckoned a crime of a very heinous nature, and was punished accordingly. In Egypt, the nose of the adulteress; in Persia, the nose and ears were cut off. (Ezekiel xxiii. 25). In the Mosaic code, the punishment was death. (Lev. xx. 10.) The Jews had a particular method of trying or rather purging an adulteress, or a woman suspected of the crime, by making her drink the bitter water of jealousy, which, if she were guilty, was said to make her swell. (Num. v. 17

D

28.) Reuben's incest with Bilhah is the first act of adultery we read of. In ancient Greece, even the richest adulterers were amenable to the laws; but they were sometimes allowed to commute the punishment with money, and the fine called μoixάypia, was paid to the injured husband, and the father of the adulteress returned the whole dowry which he had received of her husband. Among the Romans, originally the act of adultery might be prosecuted by any person, as being a public offence, but under the emperors, the right of prosecution was limited to the husband, father, brother, patrons, and avunculus of the adulteress. Among our ancestors, the ancient Britons, adultery was severely punished.

By the laws of Ethelbert, any one who committed adultery with his neighbour's wife was obliged to pay him a fine, and buy him another wife. Edmund, the Saxon, ordered it to be punished in the same way as homicide, and Canute, the Dane, ordained that an adulterer should be banished, and the woman's nose and ears should be cut off. In the time of Henry I., it was punished with the loss of eyes and genitals." Jahn's Bib. Antiq. c. x. § 158; Smith's Dict. of Gk. and Roman Antiq.; Encyc. Lond.

The word is used in ecclesiastical writers, for a person's invading or intruding into a bishopric during the former bishop's life. The reason of the appellation is, that a bishop is supposed to contract a sort of spiritual marriage with his church.

DE ADURNI PORTU, Etherington, or Ederington.

ADVOCARE [Tyman getyman, Ang.-Sax.], to defend, also to vouch, to warranty. Ant. Laws of England.

ADVOCATE, a patron of a cause assisting his client with advice, and pleading for him. It is the same in the civil and ecclesiastical law as a counsellor at the common law.

Spel. Glos. He is defined by Ulpian (Dig. 50, tit. 30), to be any person who aids another in the conduct of a suit or action. ADVOCATI, patrons of churches. Blount. ADVOCATIONE DECIMARUM, a writ which lies for tithes, demanding the fourth part or upwards, that belong to any church. Reg. Orig. 29.

Advocatus est, ad quem pertinet jus advocationis alicujus ecclesiæ, ut ad ecclesiam, nomine proprio, non alieno possit præsentare. Co. Litt. 119.-(A patron is he to whom appertains the right of presentation to a church, in such a manner that he may present to such a church in his own name, and not in the name of another.) ADVOW, or AVOW, to justify or maintain an act, e. g., one distrains for rent, and he that is distrained brings an action of replevin, if the distrainer, in his defence, justify or maintain his act, he is said to advow or avow, and his plea is called avow

bought by one and sold to another, it was lawful for the right owner to take them wherever they were found, and he, in whose possession they were found was bound to produce the seller to justify the sale, and so on till they found the thief. Old Nat. Br. 43. ADVOWEE, or AVOWEE, the person or patron who has a right to present to a benefice. Fleta, lib. 5, c. 14.

:

ADVOWSON, a right to present to a church or ecclesiastical benefice. The person having the right to present, is styled patron, because they were originally the maintainers of and benefactors to the church; they are also called advocati or avowees, because it is presumed that the founders of the church will avow or take it into their protection, for which reason, they have another appellation, defensores. Advowsons, with regard to their tenure, are of two kinds; 1. Appendant, which is annexed to manors, lands, &c., and passes in a grant of the manor as incident to the same; 2. Gross, subsisting by itself, belonging to a person, and not to a manor, lands, &c. So that if an appendant be severed by deed or grant from the corporeal inheritance to which it was annexed, it becomes an advowson in gross. With regard to the mode of exercising the right, advowsons are of three kinds 1. presentatire, when the patrou presents to the bishop or ordinary, and demands of him the institution of his clerk or presentee, provided he be found canonically qualified; 2. collative, when the bishop and patron are one and the same person, in which case the bishop cannot present to himself, but by one act of collation, i. e., conferring the benefice, he combines presentation and institution; 3. donative, when the Queen or any subject by her licence, founds a church and ordains it, to be merely in the gift of the patron subject to his visitation only, and not to that of the ordinary, it is vested then in the clerk by the patron's deed of donation, without presentation, institution, or induction. 2 Bl. Com. 22. ADVOWSON OF THE MOIETY OF A CHURCH. Where there are two several patrons, and two several incumbents, in one and the same church, the one of the one moiety, and the other of the other. Or where two must join in the presentation, and there is but one incumbent, as where there are two parceners, for though they agree to present by turns, yet each of them has but a moiety of the church. Co. Litt. 17 b.

ADVOWSON OF RELIGIOUS HOUSES, Where persons founded any house of religion, they had thereby the advowson or patronage of them. Kennett's Parochial Antiquities, 147, 153.

EBUDÆ, the Hebrides or Western Isles of Scotland.

Edificare in tuo proprio solo non licet quod alteri noceat. 3 Inst. 201.-(It is not perunitted to build upon one's own land so as it may be injurious to another.) Edificatum solo, solo cedit.

Co. Litt. 4 a.—

(Equity is as it were equality.)

Equitas est verborum legis sufficiens directio, quæ una res, solummodo, cavetur verbis, ut omnis alia in æquali genere, iisdem cavetur verbis. (Equity is the efficient application of the language of the law, so that although only one thing is guarded against by its language, every other thing in the same category is also guarded against by the same language.)

shire.

ÆGYLDE, or AGYLDE, or ORGYLDE [inultus], uncompensated, unpaid for, unavenged. From the particle of exclusion, a, a, or ex, (Goth. us), and gild, payment, requital, &c. Ant. Inst. Eng. EGYPTIANS, commonly called Gypsies. A strange kind of commonwealth, made up of wandering impostors and jugglers, who appeared in Germany in the beginning of the sixteenth century, and have since spread themselves throughout Europe and Asia. The Turks called them Zinganees; they have been also called Zigenners, Sziganys, Cygernis, and Tschingenes, all appearing to be derived from the ancient German Zichegan or vagrant. The severe statutes against these people have been repealed, and they are now only punishable as vagrants by the 5 Geo. IV., c. 83, § 4.

EHLIP, transgression of the law. Antient Inst. Eng.

BHTE-SWAN [Servus Porcarius]. A swineherd, from "æht," possessio, pecus, and "swan" (Old Norse, or Icelandic sveinn,) a servant. Ibid.

Equitas est convenientia rerum quæ cuneta coæquiparat, et quæ, in paribus rationibus, puria jura et judicia desiderat. Co. Litt. 24. -(Equity is a conveniency of things which makes all accord, and, which, in equal reasonings, desires equal rights and decisions.)

Equitas est correctio legis generaliter latæ, quá parte deficit. Plowd. 375.—(Equity is a correction of law, when too general, in the part in which it is defective.) Equitas est correctio quædam legi adhibita, quia ab ea abest aliquid propter generalem sine exceptione comprehensionem. Plowd. 467.-(Equity is a certain correction applied to law, because on account of its general comprehensiveness, without an exception, something is absent from it.)

Equitas est perfecta quædam ratio quæ jus scriptum interpretatur et emendat ; nulla scriptura comprehensa, sed sola ratione consistens. Co. Litt. 24.-(Equity is a sort of perfect reason which interprets and amends the written law; comprehended in no code, but consistent with reason alone.)

Equitas sequitur legem. Gilb. 136.-(Equity follows Law.)

Equum et bonum, est lex legum. Hoh. 224. (That which is equal and good is the Law of Laws.)

ÆRA, or ERA, a fixed point of chronological time whence any number of years is begun to be counted. The origin of the term is contested, though it is generally allowed to have its rise in Spain. Sepulveda supposes it formed from A. ER. A. the note or abbreviatures of the words annus erat Augusti, occasioned by the Spaniards beginning their computation from the time their country came under the dominion of Augustus, or that of receiving the Roman calendar.

The difference between the terms æra and epoch is, that the eras are certain points fixed by some people or nation, and the epochs are points fixed by chronologists and historians. The idea of an ara comprehends also a certain succession of years proceeding from a fixed point of time, and the epoch is that point itself. Thus the Christian æra began at the epoch of the birth of our Saviour. Kock's History of Europe, Introd. ; Encyc. Lond.

ERIE [aeria accipitum], an airy or nest of goshawks. Spel. Glos.

ESTIMATIO CAPITIS [pretium hominis]. Fines paid for offences committed against persons according to their degree and quality, by estimation of their heads, ordained by King Athelstane. Cress. Ch. Hist. 834. Estimatio præteriti delicti, ex postremo facto, nunquam crescit. Bacon.-The estimation of a committed crime never increases from a subsequent fact.)

ÆTATE PROBANDA, a writ enquiring whether the king's tenant holding in chief by chivalry, was of full age to receive his lands. It was directed to the escheator of the county, now disused. Reg. Orig. 294. ÆTHELING, a noble, though generally signifying a prince of the blood. Ant. Inst. Eng.

ÆTHLYP [evasio, escape, assault]. But the old Latin version renders it conclamatio. Ibid.

Affectio tua nomen imponit operi tuo. Co. Litt. 177.-(The affection of a party gives a name to his work.)

Affectus punitur licet non sequatur effectus. 9 Co. 96.-(It is lawful that the intention be punished, although the consequence do not follow.)

AFFEERORS [affeurer, Fr., to tax]. Persons, who, in court leets, upon oath, settle

and moderate the fines and amercements imposed on those who have committed offences arbitrarily punishable, or that have no express penalty appointed by statute. They are also appointed to moderate fines, &c., in courts baron. Cowel. AFFIANCE [fidem dare, Lat.]. The plighting of troth or promise between a man and woman, upon agreement of marriage. Termes de Ley, 27; Litt. s. 39.

AFFIDARE, to plight one's faith, or give or swear fealty, i. e., fidelity. Blount. AFFIDATIO DOMINORUM, an oath taken by the lords in parliament. Ibid. AFFIDATUS, a tenant by fealty, a retainer. Ibid.

AFFIDARI [seu affidari ad arma], to be mustered and enrolled for soldiers upon an oath of fidelity, MS. Dom de Farendon, 22, 55. AFFIDAVIT, an oath in writing, sworn before some person, who has authority to administer such oath, and the true place of habitation, and true addition of every deponent, is to be inserted in the affidavit. 1 Lill. Ab. 44, 46. The affidavit ought to set forth the matter of fact only intended to be proved, it ought not to declare the merits of the case of which the court is to judge. 21 Car. 1, B.R. By the orders of 8th May, 1845, affidavits in the High Court of Chancery are to be taken and expressed in the first person of the deponent (exxvi). cxxvii. All copies of affidavits are to be ready for delivery within forty-eight hours after the same are bespoke. cxxviii. Any solicitor, party, or person filing an affidavit not taken and expressed in the first person of the deponent is not to be allowed the costs of preparing and filing such affidavit in any taxation of costs. AFFINAGE [purgatio metalli],_refining of metal, hence fine and refine. Blount. Affinitas dicitur, cùm duæ cognationes, inter se divisa, per nuptias copulahtur, et altera ad alterius fines accidit. Co. Litt. 157.-(It is called affinity, when two families, divided from one another, are united by marriage, and one of them approaches the confines of another.)

AFFINITY, relation by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. 1 Bl. Com. 434.

Affinity is distinguished into three kinds. 1. Direct affinity, or that subsisting between the husband and his wife's relations by blood, or between the wife and the husband's relations by blood. 2. Secondary affinity, or that which subsists between the husband and his wife's relations by marriage. 3. Collateral affinity, or that which subsists between the husband and the relations of his wife's

ple called Quakers, who, in lieu of an oath may make a solemn affirmation that what they say is true, in giving evidence either in civil or criminal causes. False affirmations are liable to the penalty of perjury. 9 Geo. IV., c. 32.

Affirmativum negativum implicat.—(An affirmation implies a negative.)

Blount.

AFFORARE, to set a price or value on a thing. See AFFEER. AFFORATUS, appraised or valued, as things vendible in a fair or market. Ibid. AFFORCIAMENT, a fortress, strong hold, or other fortification. Blount. AFFORCIARE, to add, encrease, or make stronger; in case of disagreement of the the jury, let the assize be encreased. Blount. AFFOREST, to turn ground into a forest. Chart de Forest, c. 1. AFFRANCHISE, to make free. AFFRAY [effrayer, Fr., to affright]. A skirmish or fighting between two or more, and there must be a stroke given or offered, or a weapon drawn, otherwise it is not an affray. It is a public offence to the terror of the community, and so called because it affrights or makes persons afraid. It differs from assault in that it is a wrong to the public, while an assault is of a private nature. 1 Hawkins,

P. C. 135. AFFREIGHTMENT [fret, Fr.], the freight or lading of a ship. Cowel. AFFRI, or AFFRA, bullocks, horses, or beasts of the plough. Ibid.

A FORTIORI [by so much stronger (reason) ]. It is thus applied :-any private person, and à fortiori, a peace officer (it being his especial duty), who is present at the commission of any felony, is bound by the law to arrest the felon, on pain of fine and imprisonment, if he escape through the negligence of the standers by. 2 Hawk. P. C. 74.

AFRICAN COMPANY, enjoyed under a charter of Charles II., an exclusive trade from the port of Sallee, in South Barbary, to the Cape of Good Hope, both inclusive, with all the islands near to those coasts. After several statutes, placing their trade upon a new footing, the 1 & 2 Geo. IV., c. 28, abolished the company and annulled all the grants made to them, the Crown took possession of the forts and castles, and the trade was thrown open.

AFRICAN SLAVE TRADE, abolished by 3 & 4 Win. IV., c. 73; the 7 Win. IV., and 1 Vic. c. 91, made the slave trade piracy, and the 1 & 2 Vic. c. 3, § 19, abolished slavery apprenticeship, and gave compensation.

AGALMA, an impression or image of anything on a seal. Cowel.

AGE, those legal periods, in the lives of males and females, enabling them to do certain acts, which, before arriving at such periods, they are prohibited from doing. Thus in criminal matters, a person of the age of fourteen may be capitally punished for any capital offence, but under the age of seven