ADVOW, or Avow, Advocare, in law, to justify or maintain an act formerly done.
Thus, if one takes a distress for rent, or other thing, and he that is distressed sues a replevin; the distressor, justifying or maintaining the act, is said to avow. See DISTRESS, REPLEVY, etc.
Bracton uses the Latin term Advocare, in the same signification; as, Advocatio disseisinae, L.IV.c.26. And in Cassaneus de Consuet. Bur. Advocare is used in the like sense. The author last cited also uses the substantive Defavohamentum, for a disavowing, or refusing to avow. The original use of the word was this:—When stolen goods were bought by one, and sold to another, it was lawful for the rightful owner to take them wherever they were found; and he in whose possession they were found, was bound, Advocare, i.e., to produce the seller to justify the sale, and so on until they found the thief.
Thus, if one takes a distress for rent, or other thing, and he that is distressed sues a replevin; the distressor, justifying or maintaining the act, is said to avow. See DISTRESS, REPLEVY, etc.
Bracton uses the Latin term Advocare, in the same signification; as, Advocatio disseisinae, L.IV.c.26. And in Cassaneus de Consuet. Bur. Advocare is used in the like sense. The author last cited also uses the substantive Defavohamentum, for a disavowing, or refusing to avow. The original use of the word was this:—When stolen goods were bought by one, and sold to another, it was lawful for the rightful owner to take them wherever they were found; and he in whose possession they were found, was bound, Advocare, i.e., to produce the seller to justify the sale, and so on until they found the thief.
AFFEERORS, Affeeratores, in Law, are those appointed in Court-Leets, upon Oath, to settle and moderate the Fines of such as have committed Faults arbitrarily punishable, or which have no express Penalty set down by Statute. See FINE, etc.The Word is formed of the French Affier, to affirm ; by reason those appointed to this Office, do affirm upon their Oaths, what Penalty they think in Conscience the Offender hath deserved.Kitchin joins the three Words as Synonyms ; Affidati, Amerciatores, Affirares. Bratton has Affidari Mulierem, to be betrothed to a Woman.—In the Customary of Normandy, the Word Affewre, is rendered by the Latin Interpreter Taxare, to set the Price of a thing ; as Astimare, Indicare, etc.
AFFIDATUS, or Affidarius, in our Law-Books, a Tenant by Fealty: Also a Retainer. See TENANCY, and RETAINER.Affidati non proprie Vassali sunt sed quasi Vassali, qui in alicujus fidem & clientelam sunt recepti, recommendati dicti, Laurentii Amalthea. Affidatio accipitur pro mutua fidelitatis connexione, tam in sponsaliis, quam inter Dominum & Vassallum. Proles de Affidata & non Maritata, non est heres. MS.
AFFIRM, in Law.—To affirm, signifies to ratify, or confirm a former Law, or Judgment.—In the like Sense, is the Substantive Affirmance used. See AFFIRMATION.
AGGRESSOR, in Law, he, of two contending parties, who makes the first assault, or attack; or who began the quarrel, encounter, or difference.—In criminal matters, it is first enquired who was the aggressor. See ATTACK, &c.
AGILDE, in our ancient customs, a person so vile, that whoever killed him was to pay no mulct for his death. See AESTIMATIO CAPITIS.The word comes from the privative a, and the Saxon Gildan, solvere. See GILT.
AGILLARIUS, in ancient Law-Books, a Hayward, or Keeper of a herd of cattle in a common field.