take in and feed strangers' cattle in the Royal Forest, and to collect the money due for it. Mann. Forest Laws, c. 11 to 80. Agistatio animalium in foresta, the drift or numbering of cattle in the forest. Ibid. AGISTERS, or GIST TAKERS (called also Agistators), officers appointed to look after the cattle, &c. Ibid. he cannot. The period between seven and fourteen is subject to much uncertainty, it depends upon the infant's capacity to discern good from evil, if he could, then the maxim is, that malitia supplet ætatem, (malice supplies the want of age,) and he may be convicted and undergo judgment and execution, or death. A male at twelve years old may take the oath of allegiance, at fourteen is at years of discretion, so far at least that be may enter into a binding marriage, or consent or disagree to one contracted before, and at twenty-one, he is at his own disposal, and may aliene his lands, goods, and chattels. A female at twelve is at years of ma turity, and may enter into a binding marriage, or consent or disagree to one contracted before, and at twenty-one may dispose of herself and all her property. Full age in male or female is twenty-one years. which age is completed on the day preceding the anniversary of a person's birth. 1 Co. Litt. 78. AGE PRIER or PRAYER, to pray age, thus, when an action is brought against a minor for the recovery of lands, which he possesses by descent, he petitions or moves the court to stay the action until he attain his majority, which is generally acceded to. Termes de Ley, 30. AGENFRIDA, the true lord or owner of anything. Cowel. AGENHINA, a guest at an inn, who has stayed there for three nights, and was then accounted one of the family. Ibid. AGENT, a person appointed to transact the business of another. Dyche. AGENT and PATIENT, when the same person is the doer of a thing and the party to whom done; thus, where a widow endows herself of the best part of her husband's possessions, this being the act of herself to herself, she is both agent and patient. Again, if one be indebted to another, and afterwards the debtor makes the creditor his executor, the creditor may retain out of the testator's assets as much as will satisfy the debt, by such retainer he is both agent and patient. 8 Rep. 118, 138. Agentes et consentientes, pari pœná plectentur. 5 Co. 80.-(Parties, both acting and consenting, are liable to the same punishment.) AGILD [sine mulctú], free from penalties, not subject to customary fines or impositions. Blount. AGILER [a gilt, Sax., without fault], an observer or informer. Ibid. AGILLARIUS, an hey-ward, herd-ward, or keeper of cattle in a common field, solemnly sworn at the lord's court. There were two sorts, one of the town or village, another of the lord of the manor. Ken. Paroch. Antiq. 534, 576. AGIO, a term used to express the difference in point of value, between metallic and paper money, or between one sort of metallic money and another. McCulloch's Comm. Dict. AGIST [giste, Fr., a bed or resting place], to AGISTMENT, where other men's cattle are taken into any ground, at a certain rate per week; so called, because the cattle are suffered agiser, i. e., to be levant et couchant there. Many great farms are employed for this purpose. Also the profit of such feeding. Agistment of sea banks [terræ agistata], where lands are charged with a tribute to keep out the sea. Spel. Wats. c. 50. AGIUS [yios, Gk.], holy. Mon. Ang. 15, 17. AGNUS DEI, a piece of white wax, in a flat, oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the Pope. Cowel. AGNATES, or AGNATI, the father's relations. 2 Bl. Com. 234. AGRARIA LEX. The Agrarian law was enacted to distribute among the Roman people all the lands, which they had gained by conquest, and for limiting the quantity of ground possessed by each person, to a certain number of acres. Cicero pro Leg. Agr.; Smith's Dict. of Antiq.; Harrington's Oceana. It is not exactly true that the agrarian law of Cassius was the earliest that was so called: every law by which the commonwealth disposed of its public land, bore that name, as, for instance, that by which the domain of the kings was parcelled out among the commonalty, and those by which colonies were planted. Even in the narrower sense of a law whereby the state exercised its ownership in removing the old possessors from a part of its domain, and making over its right of property therein;such a law existed among those of Servius Tullius. (Nieb. Rom. Hist. vol. ii. p. 129, trausl.). An agrarian law was clearly developed in the regulations of the Jewish lawgiver, who following the example of the Egyptians, made agriculture the basis of the state. He accordingly apportioned to every citizen a certain quantity of land, and gave him the right of tilling it himself, and of transmitting it to his heirs. The person who had thus come into possession could not alienate the property for any longer period than the year of the coming jubilee-a regulation which prevented the rich from coming into possession of large tracts of land, and then leasing them out in small parcels to the poor. It was another law of Moses, that the vendor of a piece of land, or his nearest relative, had a right to redeem the land sold whenever they chose, by paying the amount of profits up to the year of jubilee. Ruth iv., 4; Jer. xxxii. 7; Jahn's Bib. Antiq.; Graves on the Pentateuch. AGREEMENT, a joining together of two or more minds in anything done or to be done, prefixed to the names of places denotes antiquity, as Aldborough, i. e., Old Borough, Aldeburgh, Aldworth, Aldgate, &c. Blount. Also, the effect of a joint-consent of two or ALÆ ECCLESIÆ, the wings or side aisles of AGRI, arable lands in the common fields. AGUSADURA, in ancient customs, a fee, due A portion given with a bride. Ant. Inst. Wales. AIDS, originally mere benevolences granted by a tenant to his lord, in times of distress, but at length the lords treated them as a matter of right, and not of discretion. They were principally three. 1. To ransom the lord's person, if taken prisoner. 2. To make the lord's eldest son and heir apparent a knight. 3. To give a suitable portion to the lord's eldest daughter on her marriage. Abolished by 12 Car. II., c. 24. AID OF THE KING [auxilium regis]. The king's tenant prays this, when rent is demanded of him by others. A city or borough, holding a fee farm from the king, if anything be demanded which belongs to such fee farm, may pray in "aid of the king," and the king's bailiffs, collectors or accountants shall have aid of the king. The proceedings are then stayed until the crowncounsel are heard, but this aid will not be granted after issue joined, because the Crown cannot rely upon the defence made by another. Jenk. Cent. 64. AID PRAYER, formerly made use of in pleading for a petition in court, praying in aid of the tenant for life, &c., from the reversioner or remainder-man, when the title to the inheritance was in question. It is a plea in suspension of the action. Com. Dig. "Aide" B. 5; 2 Bos. & Pul. 384. AIDERS, advocates, abettors. SARY. See ACCES AIEL, or AILE [aieul, Fr., a grandfather], a AILLT [aill, other]. A villain. Ant. Inst. AL, or ALD [eald, Sax,, age]. This syllable ALÆMIS, the river Ax, in Devonshire. ALAUNA, Alnwick in Northumberland; also ALBA, a surplice or white sacerdotal vest, an- ALBERGENIUM, an habergeon, a defence ALDER, the first, as alder best, is the best of ALDERNEY, one of the islands in the English Channel, which formed part of the Duchy of Normandy, and was annexed to the English Crown by the first princes of the Norman line. They are governed by their own laws, chiefly collected in the book called "Le ALE CONNER, or ALE TASTER, an officer ALE-STAKE, a maypole or long stake driven ALE-TASTER, see ALE-CONNER. ALIAMENTA, a liberty of passage, open way, ALIAS (otherwise), a second or further writ, ALIAS DICTUS (otherwise called), a second ALIBI, elsewhere. It is a defence resorted to out of the allegiance of the British Crown. dominio in alienum transferre; sive, rem aliquam in dominium alterius transferre. Co. Litt. 118.-(Alienation, that is, to make alien, or to transfer from our ownership into a foreign one, or to transfer anything into the power of another.) Alienatio licet prohibeatur, consensu tamen omnium, in quorum favorem prohibita est, potest fieri, et quilibet potest renunciari juri pro se introducto. Co. Litt. 98.-(Although alienation be prohibited, yet by the consent of all in whose favour it is prohibited, it may take place; for it is in the power of any man to renounce a law made in his own favour.) Alienatio rei præfertur juri accrescendi. Co. Litt. 185. (The alienation of property is preferred to the right of accumulation.) ALIMENT, a fund for maintenance. Alimentorum appellatione venit victus, vestitus et habitatio. 2 Inst. 17.-(Within the meaning of the word aliment come food, clothes, and habitation.) ALIMONY, an allowance legally allowed to a wife after a divorce d mensa et thoro, out of the husband's estate. It is fixed at the discretion of the ecclesiastical judge. But in case of elopement and living with an adulterer, the law allows her no alimony; for as that amounts to a forfeiture of her dower after his death, it is also a sufficient reason why she should not be a partaker of his estate when living. 1 Bl. Com. 441. Aliquid conceditur ne injuria remaneat impunita, quod alias non concederetur. Co. Litt. 197. (Something is conceded, which otherwise would not be conceded, lest an injury should remain unpunished.) Aliquis non debet esse judex in propria causá, quia non potest esse judex et pars. Co. Litt. 141.-(No one should be judge in his own cause, because he cannot be both a party and a judge.) ALITER, otherwise. Aliter puniuntur ex eisdem factionibus servi, quam liberi; et aliter qui quidem aliquid in dominum, parentemve commiserit, quam in extraneum; in magistrum, quam in privatum. 3 Inst. 220.-(Slaves and children are punished differently for the same action; actions committed against persons in the capacities of masters or parents, are punishable differently from actions committed where such a connection exists not; there is a difference also observed where the party offended is a magistrate, and where only a private person.) Aliud est celare, aliud tacere.-(To conceal is one thing, to be silent another.) Aliud est possidere, aliud esse in possessione. Hob. 103.-(It is one thing to possess, it is another to be in possession.) ALLAUNDS [ab alanis, Scythia gente], hare-hounds. Cowel. ALLAY, the mixture of other metals with silver or gold, to increase the weight, in order to defray the charge of coinage, and to make it more fusile to cast. A pound weight of gold, by the present mint standard, is twentytwo carats fine and two carats allay. A carat weighs four grains. A pound of silver consists of eleven ounces two penny-weights of fine silver, and eighteen penny-weights of allay. Lowdnes's Essay on Coins, p. 19. Allegans contraria non est audiendus. Jenk. Cent. 16. (A person alleging a contradictory | deposition is not to be heard.) Allegans suam turpitudinem non est audiendus. 4 Inst. 279.-(A person alleging his own infamy is not to be heard.) Allegari non debuit quod probatum non relevat. 1 Chan. c. 45.-(That which if proved would not be relevant, ought not to be alleged.) ALLEGATA, a word anciently subscribed at the bottom of rescripts and constitutions of the emperors, as signata or testata was under other instruments. Encyc. Lond. ALLEGIANCE, the natural, lawful, and faithful obedience which every subject owes to his prince. It is either perpetual, where one is a subject born, or has been naturalized, or temporary, during a residence in the British dominions. 1 Inst. 129 a. ALLEGIARE, to defend or justify by due course of law. Spel. ALLER, superlatively, as aller good is the greatest good. Blount. ALLER SAN JOUR, to go without day, i. e., to be finally dismissed from the Court, because there is no further day assigned for appearance. Kitch. 146. ALLEVIARE, to levy or pay an accustomed fine. Cowel. ALLIANCE [alleanga, It., alianca, Sp., alliance, of allier, Fr., of alligo, Lat., to lie or unite together], the state of connection with another by confederacy; a league. In this sense our histories of Queen Anne, mention the grand alliance; relation by marriage; relation by any form of kindred; the act of forming or contracting relation to another; the act of making a confederacy; the persons allied to each other. The forms or ceremonies of alliances have been varions in different ages and countries. Among us, signing and swearing are the chief; anciently, eating and drinking together, chiefly offering sacrifices together were the customary rites of ratifying an alliance. Among the Jews and Chaldeans, heifers or calves; among the Greeks, bulls or goats; and among the Romans, hogs were sacrificed on this occasion. Among the ancient Arabs, alliances were confirmed by drawing blood out of the palms of the hands of the two contracting princes with a sharp stone, dipping therein a piece of their garments, and therewith smearing seven stones, at the same time invoking the gods Vrotalt and Alilat, i. e., according to Herodotus, Bacchus and Urania. Among the people of Colchis, the confirmation of alliances is said to be effected by one of the princes offering his wife's breasts to the other to suck, which he was obliged to do till there issued blood. Encyc. Lond. ALLOCATION, an allowance made upon account in the Exchequer, or rather a placing or adding to a thing. Ibid. ALLOCATIONE FACIENDA, a writ allowing to an accountant such sums of money as he has lawfully expended in his office; it is addressed to the Lord Treasurer, and the Barons of the Exchequer. Reg. Orig. 206. ALLOCATO COMITATU, a writ of exigent allowed, before any other county court, holden on a former writ not being fully served or complied with. Fitz. Exig. 14. ALLOCATUR (it is allowed). The certificate of the allowance of costs by the master on taxation. Jacob. ALLODIAL, or ALLODIUM, a holding of lands without acknowledging any superior lord, contradistinguished from Feudal lands, which are held of superiors. Cowel. There are not any allodial lands in England, according to Sir E. Coke. Co. Litt. 93 a. ALLOWANCE, a deduction, an average payment. A bankrupt is allowed by the commissioner, before the choice of assignees, and after such choice by the assignees, with the approbation of the commissioner, testified in writing under his hand, from time to time to make such allowance out of his estate, until he shall have passed his last examination, as shall be necessary for the support of himself and family. 6 Geo. IV., c. 16, § 114. By 5 & 6 Vict. c. 122, § 44, it is enacted that every bankrupt who shall have obtained his certificate under any fiat issued after the commencement of this act (11 Nov. 1842), if the net produce of his estate in hand shall by any order of dividend (with or without prior dividend), pay the creditors, who before or at the time of making such order, bave proved debts under the fiat, ten shillings in the pound, shall be allowed and paid five pounds per centum out of such produce, provided such allowance shall not exceed four hundred pounds; and every such bankrupt, if such produce shall (with or without prior dividend), pay such creditors twelve shillings and sixpence in the pound, shall be allowed and paid as aforesaid, seven pounds ten shillings per centum, provided such allowance shall not exceed 5007., and every such bankrupt, if such produce shall (with or without prior dividend), pay such creditors fifteen shillings in the pound, or upwards, shall be allowed and paid as aforesaid, 10l. per centum, provided such allowance shall not exceed six hundred pounds; and provided always that such allowance as aforesaid, shall not be payable to any bankrupt until after the expiration of twelve months from the date of the fiat, and such allowance shall then be payable only in the event of the dividends paid to the creditors who at any time before the expiration of such twelve months shall have proved debts under the fiat, being of the requisite amount in that behalf aforesaid, if at the expiration of such time the dividends paid as aforesaid shall not amount to ten shillings in the pound, it shall be lawful for the Court to allow such bankrupt so much as the assignees and Court shall think fit, not exceeding three pounds per centum and three hundred pounds." And by § 45, it is enacted, that in all joint fiats under which any partner shall have obtained his certificate, if a sufficient dividend shall have been paid upon the joint estate, and upon the separate estate of such partner, he shall be entitled to his allowance, although his other partner may not be entitled to any allowance. Also in selling goods, or in paying duties upon them, certain deductions are made from their weights, depending on the nature of the packages in which they are enclosed, and which are regulated in most instances by the custom of merchants, and the rules laid down by public offices. These allowances, as they are termed, are distinguished by the epithets draft, tare, tret, and cloff. Draft is a deduction from the original or gross weight of goods, and is subtracted before the tare is taken off. Tare is an allowance for the weight of the bag, box, cask, or other package, in which goods are weighed. Real, or open tare, is the actual weight of the package. Customary tare is, as its name implies, an established allowance for the weight of the package. Computed tare is an estimated allowance agreed upon at the time. Average tare is when a few packages only among several are weighed, their mean or average taken, and the rest tared accordingly. Super-tare is an aditional allowance or tare where the commodity or package exceeds a certain weight. When tare is allowed the remainder is called the net weight; but if tret be allowed, it is called the suttle weight. Tret is a deduction of 4lbs. from every 104lbs. of suttle weight. This allowance, which | is said to be for dust or sand, or for the waste or wear of the commodity, was formerly made on most foreign articles sold by the pound avoirdupois; but it is now nearly discontinued by merchants, or else allowed in the price. It is wholly abolished at the East India warehouses in London, and neither tret nor draft is allowed at the Custom-house. Cloff, or Clough, is another allowance that is nearly obsolete. It is stated in arithmetical books to be a deduction of 2lbs. from every 3 cwt. of the second suttle, that is, the remainder after tret is subtracted; but merchants, at present, know cloff only as a small deduction, like draft, from the original weight, and this only from two or three articles. See Kelly's Čumbist, art. 66 London," and McCulloch's Comm. Dict. ALLONGE [Fr., an eking piece), a paper annexed to a bill of exchange, which is rendered necessary when there are so many successive endorsements to be made that the original paper would not contain them. Story on Bills, 225. ALLTUD [all-tud, other land], a person either from foreign parts or from another part of the island, in villenage under the king or freeholder. Ant. Inst. Wales. ALLUMINOR, one who anciently illuminated, coloured, or painted upon paper or parchment, particularly the initial letters of charters and deeds. The word is used in the 1 Ric. III., c. 9. ALLUVION, land gained from the sea by the washing up of sand and soil, so as to form terra firma. 2 Bl. Com. 261; Res Cotidiana Dig. 40; tit. 1, § 7. ALMANACK [al, Arab., and manah, Heb., to ALMARIA, the archives or muniments of a ALMODARII, the lords of free manors, lords paramount. Old Records. ALMOIN, a tenure of lands by divine service. Antient Customs. ALMONARIUM, a kind of safe or cupboard, in which broken victuals were laid up to be distributed among the poor. Old Records. ALMSFEOH, or ALMESFEOH (Sax.], alınsmoney. It has been taken for Peter pence, first given to the Pope by Ina, King of the West Saxons, and anciently paid in England on the first of August. It was likewise called romefeoh, romescot, and heorthpening. Selden's Hist. Tithes, 217. ALMUTIUM, a cap made of goats' or lambs' skin, the part covering the head being square, and the other part hanging behind to cover the neck and shoulders; worn by priests. Monast., tom 3, p. 36. ALNAGE [anne, or alne, Fr., an ell], a mea- ALNAGER, or AULNAGER, formerly a pub- |