AGIST, in Law.—To agist, signifies to take in, and feed, the cattle of strangers, in the King’s forest; and gather the money due for the same. See AGISTOR.The word is also extended to the taking in of other men's cattle, in any man's ground; at a certain rate per week.It is also used metaphorically for a charge or burden on any thing.—In this sense, we meet with Terre ad Custodiam Maris Agistate, i.e. charged with a tribute to keep out the sea. Selden. Mare Clausum—So, Terre Agistate, are lands whose owners are bound to keep up the sea-banks, Spelman.The word is formed of the French Gîte, a bed, or lying-place.
AGNATION, in Civil Law, the bond of consanguinity or relation between the male descendants of the same father; as Cognation is the bond of relation between all the descendants of the same father, both males and females. See COGNATION.
The difference, then, between Agnation and Cognation consists in this: that Cognation is the universal name under which the whole family, and even the Agnates themselves are contained; and Agnation a particular branch of Cognation, which only includes the descendants in the male line. See CONSANGUINITY.
The difference, then, between Agnation and Cognation consists in this: that Cognation is the universal name under which the whole family, and even the Agnates themselves are contained; and Agnation a particular branch of Cognation, which only includes the descendants in the male line. See CONSANGUINITY.
AGRARIAN, in Roman Jurisprudence, a Denomination given to such Laws as relate to the Partition or Distribution of Lands. See LAW. The Word is form’d of the Latin Ager, Field. The Agrarian Law, Lex Agraria, by way of Eminence, was a celebrated Law, publish’d by Spurius Cassius, about the Year 268, for the Division of the Lands taken from the Enemy. Those other two in the Digest, the one publish’d by Caesar, and the other by Nerva, only relate to the Limits or Boundaries of Grounds; and have no Relation to that of Spurius Cassius.
AGREEMENT, Acraementum, in Law, is defined by Plowder, a joining or putting together of two or more Minds in any thing done, or to be done. Of this there may be three sorts. The first, an Agreement executed at the Beginning; mention’d in the Stat. of 25 Edw. III. which says, "That the Goods bought by Forestallers, being thereof attainted, shall be forfeited to the King; if the Buyer thereof has made Gree with the Seller." Where the Word Gree, otherwise called Agreement executed, signifies Payment for the Things or Satisfaction. The second is, where one does an Act, and another agrees or assents thereto, afterwards. See ASSENT. The third is when both Parties at one time are agreed that such a thing shall be done in time to come; which is Executory, in regard the thing is to be done afterwards. See CONTRACT.
AILE, in law, a writ which lies where the grandfather, or great grandfather called Befaile, was seized of lands or tenements in fee-simple, on the day he died; and a stranger abates or enters the same day, and dispossesses the heir. The word is formed from the French Aieul, Avis, Grandfather.
ALECTOROMANCY, an ancient Kind of Divination, performed by means of a Cock. See DIVINATION.This Art was in use among the Greeks; and the manner of it was this—A Circle was made on the Ground, and divided into 24 equal Portions, or Spaces; in each of which Spaces was written one of the Letters of the Alphabet, and upon each of these Letters was laid a Grain of Wheat.This done, a Cock was turned loose into the Circle, and careful Observation made of the Grains he pecked. The Letters corresponding to those Grains, were afterwards formed into a Word; which Word was to be the Answer desired.'Twas thus that Zibanius and Iamblichus sought who should succeed the Emperor Valens; and the Cock eating the Grains answering to the Spaces ΘΕΟΔ, they concluded upon Theodore, but by a Mistake instead of Theodotus. The Word comes from the Greek ἀλέκτωρ, a Cock, and μαντεία, Divination.