averment
(əˈvɜːmənt)
Also 5–7 averrement.
[a. F. avere-, averrement, f. averer: see aver v. and -ment.]
1. The action of proving; establishment as true or genuine, by argument or evidence.
| 1429 Hen. VI in Rymer Fœdera (1710) X. 411 Not bound to eny maneres of acconte..or to any Averrement as therefore. 1599 Sandys Europæ Spec. (1632) 128 Which their adversaries producing in averment of their opinions, they were not able..to reply to. a 1626 Bacon (J.) To avoid the oath, for averment of the continuance of some estate, which is eigne, the party will sue a pardon. |
2. Law. Formal offer to prove or justify a plea; the proof or justification offered, verification.
| 1514–5 Act 6 Hen. VIII, iv, All outlawries had contrary to this Acte be advoyded by averrement. 1613 Sir H. Finch Law (1636) 359 Entrie plea..must be offered to be proued true. By saying in the plea, Et hoc patr' natus est verificare, which we call an auerment. 1765 Tucker Lt. Nat. II. 156 If he happens to demur by averment, when he should have concluded to the contrary, judgment shall go against him. 1809 Tomlins Law Dict., Averment is either general or particular; general, which concludes every plea, etc. containing matter affirmative, and ought to be with these words, and this he is ready to verify. Particular averment is when the life of the tenant for life, or of tenant in tail, etc. is averred. |
3. The action of positively declaring as true; assertion, affirmation.
| 1633 Prynne Histriom. 489 (R.) Playes are the nourishers of delight: by the express averment of Mr. George Whetston. 1694 ? Sherlock Provid. God 83 The Faith of the Nation being engaged for the Truth of it, by the Envoys Averment thereof. 1817 Scott Rob Roy 28 After an effort or two to support their consequence by noise and bold averment. |
4. A positive statement, assertion, or declaration.
| c 1629 in Rushworth Hist. Coll. (1659) I. 592 Which averment of Sir John Elliots was attested by Sir Thomas Wentworth. 1794 Paley Evid. i. viii. (1817) 155 Two out of the four Gospels contain averments..which..fix the time and situation of the authors. 1834 Gen. P. Thompson Exerc. III. 105 The old averments, that the landlords will be ruined. |