A U D 



A U D 



Indies. Eut to lie entitled to remonftrnte and to inform 

 againft a pcil'oii, before whom all others muft be fileiu and 

 tamely fubmit to. his decrees, is a privilege which adds dig- 

 nity to the courts of audience. Belides, upon the death of 

 a viceroy, without any provilion of a fucceflor by the kinr, 

 the fuprcme power is veiled in the court of audience rei'id- 

 ent in tiie capital of the viceroyalty ; and the fenior judge, 

 afiilled by his brethren, exercifes all the functions of the 

 viceroy, while the office continues vacant. In matters 

 which come under the cognizance of the audiences, in the 

 courfe of their ordinary jurifdiftion as courts of jufticc, 

 their fentences are final in every litigation concerning pro- 

 perty of kfs value than 6000 pefos ; but when the fubject 

 in dlfpute exceeds that fi'.ni, their decifions are fubjeft to 

 review, and may be carried by appeal before the royal 

 council of the Indies. Robertfoii's Hift. Amer. vol. iii. 

 p. 2S6, &c. 



Audience is alfo the name of one of the ecclefiaflical 

 courts in England, which is held wherever the arehbilhop 

 calls a caufe to his own hearing. 



The two nrchbilhops have their courts of audience : that 

 of the archbifiiop of Canterbuiy is ur.der the direciion of 

 the dean of the arches, who is official of the audience, 

 and keeps his court in the hall of Dotiors Commons. 



The court of audience is chiefly concerned in differences ari- 

 fuig upon elc6tions, confecrations, inftitutions, marriages, 

 &c. 



At;DiENCEs, Chamber of. See Chamber. 



AUDIENDO is" terminanJo, a writ, or rather commif- 

 fion, dlrefted to certain perfons, when an infurreftion or 

 great mifd'.meanour is committed in any place, for the ap- 

 peafing and punifhment thereof. 



AUDIENTS, or AuDiTORES, in Ecclefiqji'tcal Hjjlory, 

 an order of catechu' jens ; confilling of thofe who were 

 newly inftrufttd in tne myfteries of the Chriftian religion, 

 and not y-et admitted to baptifm. 



AUDIERNE, in Geography, a town of France, in the 

 department of Finifterre, and chief place of a canton in 

 the diftrift of Ponteroix, five and a half leagues weft of 

 Quimper. 



AUDIFRET, John-Baptist, \a Biography, a French 

 geographer, was a native of JJraguignan, in Provence, or 

 of Marfeilles, and flouriflied at the end of the feventeenth, 

 or beginning of the eighteenth centuries. He was appointed 

 by Louis XIV. in 1698, envoy extraordinary to the courts 

 of Mantua, Parma, and Modena. He died at Nancy, in 

 1733, at the age of feventy-fix years. His much efteemed 

 work, intitled, " Geographie Ancienne, Modernc, et Hif- 

 tonque," was printed in tliree volumes, 4to., at Paris, in 

 1689 and 1691, and in i2mo., at Paris in 1694. This 

 work, which unites geography and hiftory, comprehends 

 only Europe, and, being left unfiniihed, it wants Spain, 

 Italy, and part of Turkey in Europe. Nouv. Di£t. 

 H.ft. 



AUDIGUIER, Vital De, a French noble, was born 

 at Naive, near Villefranche de Rouerguc, about the year 

 1565, and united literature with the profcffion of arms. Of 

 his writings, the principal are, " A Treatife on the true 

 and ancient Ufage of Duils," printed in 8vo. at Paris, in 

 1617, {hewing the injullice of common duels, and recom- 

 mending a revival of the ancient praftice of public combats 

 on great occafions, under royal authi rity ; " Poems," in 

 two volumes, 8vo, printed in Paris, in 1614; and two ro- 

 mances under the titles of " The Loves of Lyfander and 

 Califta," printed at Lyons, in (622 ; and " 1 he Loves of 

 Ariftander and Cleonice," at Paris, in 1625. His ftyle is 

 clear and fprightly ; and his romances were much read. He 



is faid to have Lecn airaflinated about the year if>30. Nouv. 

 Dia. Hilf. 



AUDIT, a regular hearing and examining of an account, 

 by officers appointed for that purpofe. See Auditor. 



AUDITA ^lere/ti, in Laiv, is a writ by which a de- 

 fendant, againft whom judgment is recovered, and wiio is, 

 therefore, in danger of execution, or perhaps actually in 

 execution (or on a ftatute-merchant, ftatute-llaple, or re- 

 cognizance), may be relieved upon good matter of difcharge, 

 which has happened lincc the judgment ; as if the plaintiff 

 hath given him a general releafc ; or if the defendant hath 

 paid the debt to the plaintiff, without procuring latisfaftion 

 to be entered upon the reeoinl. In thefe and the like cafes, 

 wherein the defendant hath good matter to plead, but hath 

 had no opportunity of pleading it (either at the beginning 

 of the fnit, or puis d.irriin amlhiuance, which muft always be 

 before judgment), an andila querela lies, in the nature of 

 a bill in equity, to be relieved againft the opprefiioii of a 

 plaintiff. It is a writ dircfted to the court, ftating, that the 

 complaint of the defendant hath been heard, audita querela 

 defendintis, and then fetting out the matter ot the complaint, 

 it at length enjoins the court to call the paities before them, 

 and having heard their allegations and proofs, to caufe juf- 

 ticc to be done between them. Finch. L. 48S. F. N. 1'. 

 102. It alfo lies for bail, when judgment is obtained againft 

 them by feire facias, to anfwer the debt of their principal, 

 and it happens afterwards that the original judgment againft 

 their principal is reverfcd ; for here the bail, alter judgment 

 had againft them, have an opportunity to plead this ipecial 

 matter, and therefore they (hall have redrefs by audita que- 

 rela ( I Roll. Abr. 30S.) ; which is a writ of a moll remedial 

 nature, and feems to have been invented, left in any cafe 

 there ftinuld be an oppreffive defeft of juftice, where a 

 party, who hath a good defence, is too late to make it in 

 the ordinary forms of law. But the indulgence now Ihewn 

 by the courts in granting a fummary relief upon motion, in 

 cafes of fuch evident opprefllon (Lord Raym. 439-), has 

 almoft rendered ufelefs the writ of audita querela, and 

 driven it quite out of praftice. Blackft. Com. vol. iii. 

 p. 406. 



AUDITIONALIS5f/^»/<7/7r///, in Middle Jge Writers, 

 is ufed for an advocate who pleads caufes for his clients in 

 audiences. Du-Cange. 



AUDITOR, a hearer, one who liftens or attends to any 

 thing. 



Auditor is alfo ufed for feveral officers, appointed to 

 auditor hear accounts, pleadings, &c. 



Anciently the word auditor was alfo ufed for a judge, and 

 even for an inquifitor, appointed by judges to examine and 

 find out the truth of fome matter in contcft. Notaries are 

 alio frequently called auditores. 



Auditor, \n onr Law, is an officer of the king, or fome 

 other perfon, or corporation, who yearly, by examining the 

 accounts of under-officers that arc accountable, makes up a 

 general book, with the difference between the receipts and 

 charges, and their allowances or allocations. 



Receivers-general of fee-farm rents, &c. are alfo termed 

 auditors, and hold their audits for adjufting the accounts of 

 the faid rents, at certain times and places appointed. There 

 are alfo auditors afiigned by the court to audit and fettle ac- 

 counts, in actions of account, and other cafes, who are 

 proper judges of the caufe, and pleas are made before 

 them, &c. 1 Brownl. 24. See Account, and Assump- 

 sit. 



Auditors of the Revenue, nr of the Exchequer, are offi- 

 cers who talfe the accounts of thofe who coUeft the revenues, 

 taxeS; &c. raifed by parliament j as alfo of the flieriffs, cf- 



cheators, 



