he is obliged to provide; but also destroys that peace and mutual endearment, which ought always to subsist in the marriage state. This crime was severely punished by the ancient law of the land, but the present proceedings against adulterers, are chiefly in the ecclesiastical courts. The most lucrative method, however, of pursuing the adulterer, seems to be to institute an action against him in one of his Majesty's courts at Westminster, by the husband of the adulteress, for seducing and debauching his wife.

ADVOCATE, the patron of a cause, who assists his client with advice, and pleads for him.

ADVOW, or AVOW, to justify or maintain an act formerly done. As if one take a distress for rent, or other thing, and he that is distrained sues a replevin; he that took the distress, by maintaining the act, is said to avow.

ADVOWEL, he that hath the right to present to a benefice. ADVOWSON, is the right of presentation to a benefice. Advowsons are either appendunt, or in gross. Lords of manors being originally the only founders, and consequently the only patrons of the churches; the right of patronage, or presentation, so long as it continues annexed to the possession of the manor, is called an advowson appendant; and it will pass or be conveyed, together with the manor, as incident and appendant thereunto, by a grant of the manor only. But where the property of the advowson, hath been once separated from the property of the manor, by legal con veyance, it is called an advowson in gross, and it never can be appendant any more.

Advowsons are also either presentative, collative, or donative. Presentative, where the patron hath a right of presentation to the bishop, or ordinary; collative, where the bishop is the patron; and donative, when the king, or any subject by his licence, founds a church or chapel, and ordains that it shall be merely in the gift of the patron.

Advowson of religious houses, those who founded any house of religion had thereby the advowson or patronage of it.

AFFEERERS, such as are appointed in courts-leet upon oath, to set fines on such as have committed faults.

AFFIDATIO DOMINORUM, an oath taken by the lord in parliament.

AFFIDAVIT, is an oath in writing, sworn before some person legall

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legally authorized to administer the same: the true place of abode, and addition of the person making such affidavit, is to be inserted therein; it should set forth the matter of fact only, and not the merits of the cause, of which the court is to judge; it must also set forth the matter positively, and all material circumstances attending it, and be absolute, and not couched in words of reference; except in the case of assignees, executors, &c. who may swear to their belief of the matter.

AFFIRM, to ratify or confirm a former law or judgment. AFFIRMATION, an indulgence allowed by law to the people called Quakers, who, in cases where an oath is required from others, may make a solemn affirmation that what they say is true. But their affirmation is confined to civil cases, and is not allowed in any criminal cause.

AFFORCIAMENTUM CURIÆ, the calling of a court upon a solemn occason.

AFFOREST, to turn ground into a forest.

AFFRAY, is a public fighting (if it be in private it is no affray, but an assault), and is a public offence to the terror of the king's subjects. All affrays in general, are punishable with fine and imprisonment. 1 Haw. 138, and a constable is not only empowered to part an affray in his presence, but can justify commitment till the offenders find sureties for the peace. Cro. Eliz. 375.

AGE, in the law, is used for those special times, which enable persons, of both sexes, to do certain acts, which before, through want of years and judgment, they are prohibited to do. A man, at twelve years of age, ought to take the oath of allegiance to the king; at fourteen, which is his age of discretion, he may consent to marriage, and choose his guardian; and at twenty-one he may alien his lands, goods, and chattels. A woman, at nine years of age, is dowable; at twelve she may consent to marriage; at fourteen she is at years of discretion, and may choose a guardian; and at twenty-one may alienate her lands, &c. 1 Inst. 78.

AGENT, a person appointed to transact the business of another. It is a principle of law, that whenever a man has a power, as owner, to do a thing, he may, as consistent with this right, do it by deputy, either as attorney, agent, factor, or servant. It has been asserted, that agents should be appointed by a formał power of attorney; but this is not necessary; for the authority of an

agent to draw, indorse, and accept bills in the name of his principal, is usually in words. 7 T. R. 209. 12 Mod. 654.

If a person be appointed a general agent, the principalis bound by all his acts. But an agent, specially appointed, cannot bind his principal by an act whereby he exceeds his authority. 5T. R.757. AGENT AND PATIENT, is the person who is the doer of a thing, and the party to whom done; thus, if a man be indebted to another, and afterwards make the creditor his executor, and die, the executor, by retaining so much of the goods of the deceased as will satisfy his debt, is both agent and patient. But a man shall not be the judge of his own cause. 8 Rep. 138.

AGE-PRIER, is where an action is brought against one under age, for lands which he hath by descent, who by petition or motion shews the matter to the court, and prays that the action may stay till his full age, which the court generally agrees to.

AGILD, free from penalties, not subject to the customary fine or imposition.

AGISTMENT, is where other men's cattle are taken into any ground, at a certain rate for their feeding. There is also an agistment of sea banks, where lands are charged with a tribute to keep out the sea.

AGNUS DEI, a piece of white wax, stamped with the figure of a lamb, and consecrated by the pope: but not permitted to be brought into this kingdom, on pain of a præmunire. 13 Eliz. c. 2.

AGREEMENT, is a memorandum, article, or minute, importing the consent or concurrence of two or more persons; the one in disposing of, and the other in receiving some property, right, or benefit, and is generally made preparatory to a more formal instrument of conveyance. The requisites of an agreement are, parties capable of contracting; and a property, right, or benefit, capable of being contracted for. Every agreement ought to be perfect, full, and complete, so as to shew with precision, what is intended to be stipulated between the parties, and should also make express provision against the possibility of failure in any of the contracting parties.

In many cases, the party injured by breach of an agreement, may have a remedy, either at common law, or in a court of equity. But wherever the matter of the bill is merely in damages, there the remedy is at law, because the damages cannot be ascertained by the conscience of the chancellor, and therefore must be settled by a jury. Abr. Eq. 16.

Although it is prudent that both parties should actually sign the agreement, it will be binding, notwithstanding the statute of frauds, if it be signed by one party only; provided the other party be so circumstanced, that he can have an adequate remedy thereupon. 1 Doug. 296.

AID-PRAYER, a term used in pleading, for a petition in court to call in help from another person, that hath an interest in the thing contested.

ALBA FIRMA, a white rent paid in silver, in distinction from that paid in corn, &c.

ALDERMAN, a magistrate subordinate to a mayor of a city er town corporate. This office is for life, so that when one of them dies, or resigns, a ward-mote is called, which returns the person they have chosen to the court of aldermen, who are obliged to admit him to supply the vacancy. All the aldermen of London, &c. are justices of peace, by charter of 15 Geo. II. and are exempt from serving inferior offices; nor shall they be put upon as sizes, or serve on juries, so long as they continue such.

ALEHOUSES. To prevent disorders in alehouses, no licence shall be granted to any person, not licenced the year preceding, unless he produce a certificate, under the hands of the parson, vicar, or curate, and the major part of the churchwardens and overseers, or else of three or four substantial householders and inhabitants of the parish, where such alehouse is to be; setting forth that such person is of good fame, &c. and it shall be mentioned in such licence, that such certificate was produced, otherwise it shall be null and void. 26 Geo. II. c. 31. and by 26 Geo. II. c. 41. Justices, on granting licences, are to take recognizances in 10l. with sureties in the like sum, for the maintenance of good order, Licences to be granted on the 1st of September, or within twenty days after, yearly, and to be for one year only. Penalty for selling ale, &c. without a licence (except at public fairs, during which, on paying the duty for the ale, &c. sold, any one may sell ale, &c. without licence), for the first offence 40s. for second 41. for the third 61.; and no person can sell wine by retail, to be drank in his own house, who has not also an ale licence. ALE-SILVER, is a rent or tribute paid annually to the lord mayor

mayor of London, by those that sell ale within the liberty of the

city.

ALE-TASTER, an officer in every court leet, sworn to look to the assize and goodnesss of ale and beer within the lordship. In London there are ale conners, chosen by the livery, to taste ale, heer, &c. in the limits of the city.

ALIAS, is a second writ, after a former one has been sued out without effect.

ALIAS DICTUS, is used in the description of a defendant, where his true name is not certainly known.

ALIENS, are persons not born within the dominions of the crown of England, or within the allegiance of the king; but from this rule of law must be excepted the children of the kings of England, and the children of British ambassadors born abroad. No alien can be a revenue officer, or hold any office under the crown. The issue of an English woman by an alien, born abroad, is an alien. 4 Durnf. and East. 400.

Aliens can have no heirs, because they have not in them any inheritable blood. 2 Black. 249.

All persons being natural born subjects, may inherit as heirs to their ancestors, though those ancestors were aliens.

If an Englishman living beyond the sea, marry a wife there, and have a child by her, and die, this child is born a denizen, and shall be heir to him, notwithstanding the wife was an alien. Cro Car. 601.

If an alien be made a denizen by letters patent, aud then purchase lands, his son boru before his denization shall not inherit those lands; but a son born afterwards may, even though his elder brother be living. 2 Black. 249.

Every foreign seaman, serving on board an English ship two years, in time of war, is, by 13 Geo. II. c. 3. naturalized.

All masters of ships, arriving from foreign parts, are to give an account at every port, of the number and names of every foreigner on board, under the penalty of forfeiting ten pounds for each alien who has been on board, at the arrival of the ship or vessel.. 33 Geo. III. c. 4.

Every alien neglecting to pay due obedience to the proclamation of his majesty, &c. directing that any alien who may be within this realm, or may hereafter arrive therein, to depart therefrom within

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