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.
1598. Bacon, Office of Alienations, Wks. 1824, IV. 148–9 (J.). To avoid the yearly oath, for averment of the continuance of some estate, for life, which is eigne,… the party will offer to sue a pardon.
1599. Sandys, Europæ Spec. (1632), 128. Which their adversaries producing in averment of their opinions, they were not able … to reply to.
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, &c. containing matter affirmative, and ought to be with these words, and this he is ready to verify, &c. Particular averment is when the life of tenant for life, or of tenant in tail, &c. is averred.
3. The action of positively declaring as true; assertion, affirmation.
1633. Prynne, Histrio-m., 489 (R.). Playes are the nourishers of delight. By the expresse averment of M. 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 Rushw., 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. 205. The old averments, that the landlords will be ruined.
