Page:Cyclopaedia, Chambers - Volume 1.djvu/216

 AUD

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AVE

Audience is alfo the Name of a Court of Juftice, efrablifh- eJ by the Spaniards in the Weft Indies ; anfwering in effect to the Parliaments in France.

They judge without Appeal, and have each a certain Diftridt, which ordinarily rakes in ieveral Provinces, call'd alfo Audiences, from the Names of the Tribunals to which they belong.

Hence Sanfon divides Spain into as many of thefe Audiences as there are of thofe Tribunals. — New Spain comprehends three Audiences ; thofe of Guadalajara, Mexico, and Guatimala.

Audience is alfo the Name of one of the Eccleiiaftical Courts., which is, where-cvcr the Archbifhop calls a Cauie to his own Hearing. See Court and Archbishop.

The Court of Audience is chiefly concerned in Differences a- rifing upon Elections, Confecrations, Inftitutions, Marriages,

AUDIENDO & terminando, a Writ, or rather a Commrffi- on, dire&ed to certain Perfons, when an Infurreelion or great Mifdemeanour is committed in any Place, for the Appealing and Puniihment thereof.

AUDIENTES, in Ecclefiaaical History. See Auditores. AUDIT, a regular heaving and examining of an Account, by Officers appointed for that purpofe. See Auditor and Ac- count.

AUDITA querela, a Writ which lies againff. him, who, having taken a Statute-Merchant, or a Recognizance in the Nature oi a Statute-Staple, or a Judgment, or a Recognizance of ano- ther ,- and craving, or having obtained Execution of the fame from the Mayor and Bailiffs, before whom it was entered ; at the Complaint of the Party who entered the fame, upon Suggeftion of fomejuff Caufe why Execution mould not be granted; as a Releafe, or other Exception. — This Writ is granted by the Lord Chancellor, upon view of the Exception fuggefted, to the judges of either Bench, willing them to grant Summons to the Sheriff of the County wheie the Creditor is, for his appearance at a cer- tain Day before them.

AUDITOR, a Hearer, or one who liftens or attends to any thing. See Hearing, Attention, and Auditory.

Auditor is alio ufed for feveral Officers, appointed to audit, or hear Accounts, Pleadings, &e. See Account.

Antienrly the Word Auditor was alfo ufed for Judge-) and even for Inauifuor. Notaries are alfo frequently call'd Auditores.

Auditor, in our Law, is an Officer of the King, or foroe other great Perfon, who yearly, by examining the Accounts of under Officers accountable, makes up a general Book, with the Difference between their Receipts and Charge, and their Allow- ances or Allocations. See Account.

Auditors of the Revenue, or of the Exchequer, are Officers who take the Accounts of thofe who collect the Revenues, Taxes, &c. rais'd by Parliament; as alfo of the Sheriffs, Efcheators, Gdlte&OfS) Tenants, and Cutlomers, and fet them down, and perfect them. See Revenue and Exchequer.

Auditors of the Prcft or Impreft, are Officers in the Exche- quer, who take and make up the great Accounts of Ireland, Ber- wick, the Mint, Cufloms, Wardrobe, Firft-fruits, Naval and mi- litary Expenccs, and of all Monies imprclTed to any Man for the King's Service. See Prest and Imprest.

Auditor of the Receipts, is an Officer of the Exchequer who files the Tellers Bills, and makes an Entry of them, and gives the Lord Treafurer a Certificate of the Money receiv'd the Week before. See Exchequer and Teller.

He makes Debentures to every Teller, before they pay any Money, and takes their Accounts. He keeps the black Book of Receipts, and the Treafurer's Key of the Treafury, and fees e- very Teller's Money lock'd up in the new Treafury.

There are alio Auditors of the Firft-Fruits; of the Principality of Wales; of theDutchyof Comical, See. See FiRST-Fruits, &c.

Auditor of the Rota. See Rota.

Auditors Conventual, Collegiate, &c. were Officers formerly appointed among the Religious, to examine and pafs the Accounts of the Houfe.

AUDITORES, or Audtentes, in Church Hiftory, Cate- chumens; or' thofe newly inftructed in the Myfteries of the Chri- ftian Religion, and not yet admitted to Baptifm. See Cate- chumen.— Hence,

AUDITORIUM, Auditory, in; the antient Churches, was that Part of the Church where the Auditores ffood to hear, and be inftm&cd. See Church.

The Auditorium was that Part now call'd Navis Ecclefa. See Nave. j

In the primitive Times the Church was fo ffrict in keeping the People together in that Place, that the Perfon who went from thence in Sermon-time was order'd by the Council of Carthage to be excommunicated.

AUDITORY, fomething belonging to the Senfe of Hearing. See Hearing.

Auditory, Audience, is alfo a collective Name, denoting an Alterably of Perfons, hearing, or attending to a Perfon who fpeaks in publick. See Assembly, Oration, &c.

Auditory is alio ufed for the Seat or Bench where a Magi- ftrate, or judge, hears Caufes. See Bench.

At Rome, the feveral Magistrates had Auditories or Seats of Juftice according to their Dignity — Thofe of the fuperior Offi-

cers were call'd Tribunals; thofe of the inferior, Subfellia. Sec Tribunal, &c.

The Pedanei had their Benches or Auditories in the Emperor's Portico. — Thofe of the Hebrews, at the Gates of Cities.— The Judges appointed by the antient Lords diftributed Juftice under an Elm, which was ufually planted before the Manor-Houfe, and ferved them for an Auditory.

Auditory Nerves, in Anatomy, a pair of Nerves ariiing from the Medulla Oblongata, and diftributed, ,the one to the Ear, the other to the Tongue, Eye, &c See Ear and Tongue.

The foft and fpongy Branch of the Auditory Nerve being dif- fufed through the Labyrinth and Tympanum of the Ear, is the immediate Organ of the Senfe of Hearing See Hearing.

The Auditory Nerves make the fevench Conjugation, accord- ing to the way of reckoning of the Moderns ; and the fifth ac- cording to the Antients. See Pair and Conjugation.

Anatomifts obferve a lingular Mark of the VViJdom and Con- trivance of the Creator in the Auditory Nerves being thus dif- patch'd to different Parts ; an admirable and ufeful Content be- ing hereby eftablillie J between them.— Hence it is that moft Ani- mals upon hearing any uncouth Sound, are found to ereci their Ears, and prepare them to catch it; to open their Eyes, toftand upon the Watch- and to be ready with the Mouth to call out, or teftify their Danger: Accordingly moil Animals when fur- prized or terrified, fhriek or cry our, &c. See Consent of Parts.

Dr. Willis obferves a further ufe of this nervous Communica- tion between the Ear and the Mouth; which is, that the Voice may correipond with the Hearing, and be a Kind of Eccho thereof; that what is heard with one of the two Nerves may be readily exprefs d with the Voice., by the help of the other. Cereb. Afiat. c. 17.

Meatus Auditorius, or Auditory, Paffage in Anatomy. See Meatus. ■

AVE-Maria, or Avz-Mary, the Angel Gabriels Salutation of the Virgin, at his bringing the Tidings of the Incarnation; thus called, as beginning with thofe Words. Ave Maria, Haii Mary. See Virgin, Annunciation, &c.

The Ave-viary is a Prayer or Formula of Devotion very ufual in the Romijb Church. —Their Chaplets and Rolarfes are divided into fb many Ave-marys, and io many Pc.ter-nofters: And hence the Beads thernielves, which indicate them, are aiio call'd Avis or Ave-marfs. See Chaplet, Rosary, &c.

AVELLANE, or Crofi Avelxane, in Heraldry, 'a Form of Crois which refembles four Filberds in their Flusks or Caies, joined together at the great End. See Cross.

Hence its Name ; a Filberd in Latin being Nux Avellana.—Syl. Morgan fays, it is this Crofs which Enfigns the Mound of Au- thority, or the Sovereign's Globe.

AVENAGE, in Law, a certain Quantity of Oats, paid to a Landlord, in lieu of Ibme other Duties; or, as a Rent, from the Tenant.

The Word is French, form'd of the Latin, aver/a, Oats.

AVENOR, an Officer under the Mailer of the Horfe; who, by Order or Warrant from him, fwears in all the Officers be- longing ro the Stables. See Master of the Horje.

The Avenor alio makes up the Accounts of toe Stables, and ifiues Debentures for paying the Officers and Servant,

la a Stat. Car. II. we find the Avenor mentioned as an Officer who provides Oats for the Stables.— In the Rot. Pari. 1 R. 21. Edvj. III. we alio read of Avenor of the Queen, of the Prince, &c.

A VENTURE, in our antient Writers, fignify Tournaments, or Military exercifes on Horiebacfc. See Turnament.

AVENTURE, or rather Adventure, in our Law Books, a mifchance, caufing the Death of a Man, without Felony; as s when he is fudenly drowned, or burnt by any Miieaie or Mif- chance, falling into the Water or Fire. See Misadventure, Chance, <fac.

AVENUE, in Fortification, an Opening or Inlet into a Fort, Baftion, or the like Place. See Fort, Bastion, Fortifica- tion, &c.

The Word is form'd of the French Avenir, or Advenir, to come to, to arrive at- See Advent.

Avenue, in Gardening, is a Walk, planted on each fide with Trees, and leading to iome Place. See Vista. See alfo Grove, Glade.

All Avenues, Mortimer fays, mould lead to the Front of an Houfe, Garden -Gate, Highway-Gate, or Wood, and terminate in a Profped.— In an Avenue to an Houfe, whatever the Length of the Walk is, it ought to be as wide as the whole Breadth of the Front, and if wider, better.

AVERAGE, Averagium, in Law, that Duty or Service which the Tenant is to pay the King, or other Lord, by his Beafts and Carriages. See Service.

The Word is derived from the bafe Latin, Averia, Cattle ; or the French, Oeuvre, Work.

Average is alfo ufed in Navigation and Commerce, for the Damage which a Veffel, or the Goods and Loading thereof, fuftains, from the time of its Departure to its Return ; as alfo, for the Charge or Contributions towards defraying fuch Da- mages.

A late