sons, 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, pro salute animæ et reformatione morum; 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.

It has long been a national reproach that our law should afford to a husband pecuniary compensation for the loss of a wife's society, comfort, and assistance. But how has the legislature dealt with this revolting subject? True, the onesided action of crim. con. is abolished by 20 & 21 Vict. c. 85, s. 59; but the money-compensating degradation is still retained, for by s. 33 of the same act, a husband may claim damages from an adulterer, to be assessed by a jury, and the Matrimonial Court has power to direct that the whole or any part of such damages shall be settled on the children, or for the wife's maintenance.

Adultery being a gross betrayal of the marriage bed by an irreparable breach of social morality, the law holds it to be manslaughter only, if a husband detect a man in the act with his wife, and then and there directly kill him or her; but it will be murder to kill any person on mere suspicion, as Othello did.

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 to 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, as being the corruption of marriage-the foundation of society-and was punished accordingly. In Egypt, the nose of the adulteress; in Persia, the nose and ears were cut off. (Ezek. 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. (Numb. v. 17-28.) 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 uozapo 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, patron, and avunculus of the adulteress. Among the Romans, if a husband kept his wife, after his discovery of her adultery, he was guilty of the offence called Lenocinium. Among our ancestors, the ancient Britons, adultery was severely punished. By the laws of Ethelbert, any one who committed adultery with his neighbor'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 cut off. In the time of Henry I. it was punished with the loss of eyes and genitals.Jahn's Bib. Antiq. c. x. s. 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. [See Wharton's Cr. Law, 239.]

ADURNI PORTU DE, Etherington, or Ederington.

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.

ADVANCE, money paid before it is due; encrease.

ADVANCEMENT, promotion; additional price. To the doctrine of resulting trusts there is a very important excepti n, for in equity, where a purchase is made in the name of a wife or child, or of an illegitimate child, grandchild, or nephew of a wife, when the purchaser has placed himself as to such relations in loco parentis, there will prima facie be no resulting trust for such purchaser; but, on the contrary, a presumption arises that an advancement was intended, pursuant to the obligation to provide for such relations. And a purchase by a parent in the joint names of himself and his child, as well as a purchase in the joint names of his child and a stranger, will be held an advancement for the child to the extent of the interest vested in him, the stranger, however, holding the estate vested in him in trust for the parent. The father's entering into, and keeping possession, and taking the rents and profits of the purchased property, or the son's giving receipts in the name of the father, will not prevent the presumption of advancement from arising, especially where the son is advanced but in part. Where, however, a son is fully advanced, the father's entering into possession, and into the receipt of the rents or profits of property purchased in his son's name, may be considered as evidence of a trust.

The presumption of advancement may be rebutted by evidence of facts, showing the parent's intention, that the son should take property, purchased in his name, as a trustee, and not for his own benefit. Such facts, however, must have taken place antecedently to, or contemporaneously with, the purchase; or immediately after it, so as to form, in fact, part of the same transaction; for subsequent facts will not be admissible in evidence to show an intention against the presumption of advancement.

This presumption may also be rebutted by evidence of parol declarations of the father contemporaneously with, but not by any of his declarations made subsequently to, the purchase; but these may be used in evidence against him by the son. A fortiori, parol evidence may be given

by the son to show the intention of the father to advance him; for such evidence is in support as well of the legal interest of the son as of the equitable presumption.

It is to be remarked, that if the parent and another person pay the money, it will not be deemed an advancement, for the child being a trustee for the latter, he will be held to be trustee for them both.

[ADVANCEMENT. That which a person has received from a parent or one in loco parentis in anticipation of what he would receive by inheritance.-Kent's Com. h.t. See Dyer v. Dyer, 1 White & Tudor's Leading Cases, p. 165.]

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.

ADVENTITIOUS, that which comes unexpectedly or incidentally.

AD VENTREM INSPICIENDUM (to inspert the womb). See DE VENTRE INSPICIENDO. ADVENTURE, a thing sent to sea, the risk of which the person sending it stands to, out and home.-Lex Merc.

ADVENTURE, bill of, a writing signed by a merchant, stating that the property of goods shipped in his name belongs to another, to the adventure or chance of which the person so named is to stand, with a covenant from the merchant to account to him for the produce. An adventure commercially is defined a speculation in goods sent abroad under the care of a supercargo, to dispose of to the best advantage for the benefit of his employers.

ADVERSARIA, rough memoranda, commonplace-books.

ADVERSARY, a litigant-opponent.

ADVERSE POSSESSION, occupancy of realty without molestation, which at length ripens into an unimpeachable title. As to adverse possession since 3 & 4 Wm. IV. c. 27, read Nepean v. Doe, 2 M. & W. 910; and as to it before this statute, read Taylor d. Atkyns v. Horde, 1 Burr. 60, and 2 Smi. L. C. 433–584.

ADVERTISEMENT (fr. avertissement, Fr.), a public notice or announcement of a thing. As to advertising for lost or stolen property, as dogs, see 7 & 8 Geo. IV. c, 29, s. 59; and 8 & 9 Vict. c. 47. The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63. s. 5.

ADVERTISING VEHICLES, prohibition of, 16 & 17 Vict. c. 33, s. 16.

ADVICE, counsel; also, the instruction usually given by one 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 honored 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 honor of any other person, he is bound to advise him thereof, and this should always be done under an act of honor, by a notary-public.-Mc Cull. Comm. Dict. ADVISEMENT, deliberation.

AD VITAM AUT CULPAM, an office which is to determine only by the death or delinquency of the holder, or which is, in fact, held quamdiù se bene gesserit (so long as he conduct himself properly).-Jacob.

ADVOCARE (Lat., Tyman getyman, Ang.Sax.), to defend, also to vouch, to warranty.— Anc. 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 laws as a counsel at the common law.-Spel. Glos. He is defined by Ulpiam (Dig. 50, tit. 13), to be any person who aids another in the conduct of a suit or action.

ADVOCATE, LORD, the principal public. prosecutor in Scotland. He is assisted by a Solicitor-General and four junior counsel, termed advocates depute. He is understood to have the power of appearing as prosecutor in any court in Scotland, where any person can be tried for an offence, or to appear in any action where the Crown is interested; but it is not usual for him to act in the inferior courts, which have their respective public prosecutors, called procuratorsfiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted according to the English method. The Lord Advocate is virtually Secretary of State for Scotland.

ADVOCATES, FACULTY OF, the bar of Scotland in Edinburgh. Only a small proportion, however, of these profess to be practising lawyers, and it has become a habit for country gentlemen to acquire the title of Advocate, in preference to taking a degree at the Scottish Universities. The Dean of Faculty and the two Crown lawyers, the Lord Advocate and Solicitor-General, are the only persons who take precedence at the Scottish bar, independent of seniority. The Lord Advocate and the SolicitorGeneral are the only members of the Faculty who wear silk gowns and sit within the bar.

ADVOCATIA, the quality, function, privilege, or territorial jurisdiction of an advocate.Civil Law.

ADVOCATION, a process by which an action may be carried from an inferior to a superior court before final judgment in the former (1 & 2 Vict. c. 86).-Scotch Term.

ADVOCATI, patrons of churches.-Blount. ADVOCATI FISCI, advocates of the revenue among the Romans, tantamount to Queen's Counsel.

ADVOCATIONE DECIMARUM, a writ which lay for tithes, demanding the fourth part or upwards, that belonged to any church.-Reg. Orig. 29.

ADVOCATUS, a pleader or narrator.

Advocatus est, ad quem pertinet jus advocationis alicujus ecclesiae, 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

The complete dominion over the vacant benefice, and the freehold in it, remain in the patron, together with the right to take the intermediate profits until it is again granted out by him to a new incumbent in the nature of a new investiture. The right of donation always devolves upon the real representatives of the patron, and never devolves upon the crown, when the incumbent is promoted to a bishopric. The resignation of a donative must be to the patron.

A collative advowson arises when a bishop has the right of patronage, either originally or by lapse. Collation is the conferring of a benefice by a bishop, being an immediate institution, without any presentation, and is completed by the induction of the collatee. Where a bishop collates and dies before induction, the Crown presents as having in its custody the temporalities of the vacant bishopric.

A presentative advowson may be sold and conveyed in fee, fee-tail, for life, for years, for the next presentation, or any number of future presentations. It may be limited in possession, reversion or remainder, and held in joint-tenancy, tenancy-in-common, or coparcenery. It is also subject to curtesy and dower, and, being deemed assets for the payment of debts (except during an actual vacancy), may be sold by an order of the Court of Chancery. An advowson in gross cannot be extended under elegit, because it is not susceptible of being valued, but it is chargeable in equity under 1 & 2 Vict. c. 110, s. 13.

The alienation of an advowson may result (1.) from some wrongful act, as an usurpation (or, as the civil law calls it, an intrusion), which prevents the patron from presenting for that turn only (7 Anne, c. 18), or a disseisin, the disseisor presenting before the person disseised; (2.) from operation of law, as dower, curtesy, and descenteast; or (3.) from the conveyance of the proprietor, either expressly by granting it, or incidentally by a transfer of the corporeal inheritance to which the advowson is appendant, it passing under the word "appurtenances," unless in the case of the Crown, when it will not pass without particular words or express mention of it (17 Edw. II. c. 15); since nothing will pass by a royal grant, but that which is clearly and explicitly intended.

advowson, yet every patron has the whole advowson in his turn, since the patronage remains, though by the union the incumbency of one church is extinguished; and though the incumbency of the churches is united, the tithes, boundaries, moduses, and profits continuing as before, for there can be no union of parishes, though there be of churches.

The patron of the most valuable church has the first presentment, and a subject-patron of a benefice of the greatest value has his turn before the sovereign patron of the lesser church.

As no change is made in the rights of patronage by union, which are reserved to the patrons, the advowsons continue as before, both in their nature and right.-Mirehouse on Advowsons, c. 6; see 19 & 20 Vict. c. 50.

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 Paroch. Antiq. 147, 153. ÆBUDÆ, the Hebrides, or Western Isles of Scotland.

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

Edificatum solo, solo cedit. Co. Litt. 4 a. (That which is built upon the land goes with the land.)

All ecclesiastical persons seised of advowsons in right of their churches, all masters and fellows of colleges, and guardians of hospitals, seised in right of their houses, are restrained from making any grants of things incorporeal, such as advowsons or appropriations, and next avoidances which lie in grant; such grants are void against their successors, although good against the grantors during their own time.-1 El. c. 19; 13 El. c. 10.

The patrons of united churches (1 & 2 Vict. e. 106, s. 15 et seq.; and 4 & 5 Vict. c. 39, s. 23), have several rights, for though there be but one

hamshire.

ÆGYLDE, or AGYLDE, or ORGYLDE (inultus, Lat.), uncompensated, unpaid for, unavenged. From the particle of exclusion, a, æ, or ex (Goth.), and gild, payment, requital.Anc. Inst. Eng.

ÆGYPTIANS, 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 Zingarees; they have been also called Zigenners, Sziganys, Cygernis, and Tschingenes, all appearing to be derived from the ancient

ÆHLIP, transgression of the law.—Ancient | Inst. Eng.

EHTE-SWAN (Servus Porcarius, Lat.), a swine-herd, from "æht," possessio, pecus, and "swan" (Old Norse, or Icelandic, sveinn), a servant.-Ib.

ELMFEOH, or ELMSFEOH, Peter pence, which used to be paid to the Pope.

Equitas agit in personam. (Equity operates upon the conscience.)

Equitas est convenientia rerum quæ cuncta coæquiparat, et quæ, in paribus rationibus, paria 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, quâ 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.)

ERIE (fr. aria accipitum, Lat.), an airy or nest of goshawks.-Spel. Glos.

ESTIMATIO CAPITIS (pretium hominis, Lat.), 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 which inquired 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.-Anc. Inst. Eng. ETHLYP (fr. evasio, Lat., escape, assault), the old Latin version renders it conclamatio.— Ibid.

AFFAIRS, a person's concerns in trade or property.

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

AFFECTUM, CHALLENGE PROPTER.

Affectus punitur licet non sequatur effectus. 9 Ca. 56. (The intention is punished, although the consequence do not follow.)

Equitas nunquam contravenit leges. (Equity never counteracts the laws.)

Equitas sequitur legem. Gilb. 136. follows law.)

(Equity

Equum et bonum est lex legum. Hob. 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 æras are certain points fixed by some people or nation, and the epochs are points fixed by chronologists and historians. The idea of an era comprehends also a certain

moderate fines, &c., in Courts-Baron.-Cowel.

AFFIANCE (fr. fidem dare, Lat.), the plighting of troth or promise between a man and woman, upon agreement of marriage.—Termes de la Ley, 27; Litt. s. 39.

AFFIDARE, to plight 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, Lat.), to be mustered and enrolled for soldiers upon an oath of fidelity.-MS. Dom de Farendon, 22, 55.

AFFIDAVIT, a declaration in writing, sworn before a person having authority to administer an oath; an 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 practice of the Court of Chancery, the plaintiff and defendant may not only support their case by affidavit on interlocutory applications, but, when issue has been joined, may verify their respective cases either wholly or partially by affidavit, or wholly or partially by the oral examination of witnesses.

Every affidavit is entituled in the cause or