Forms: 5–7 barratrie, 7 baratrie, 7–8 barretry, 8 baratry, 6– barratry. [a. OF. baraterie, barterie (= Pr. barataria), f. barat: see BARRAT and -ERY, -RY.]
1. The purchase or sale of ecclesiastical preferment, or of offices of state.
1427. Acts Jas. I. (Scot.), § 106 (1597). That na Clerkes … passe out of the Realme, bot gif he … mak faith … that he do no barratrie.
1567. Acts Jas. VI. (1597), § 2. That nane of our said Soveraines subjects … desire title or richt of the said Bishop of Rome … to ony thing within this Realme, vnder the paines of Barratrie.
a. 1639. Spottiswood, Hist. Ch. Scot., V. (1677), 270. Against whom the sentence of Barratry had been pronounced.
1705. Hickeringill, Priest-cr., I. (1721), 63. Twenty four Articles to prove Barretry … against me.
1867. Longf., Dante’s Inf., XXII. 52. I set me to practise barratry.
2. (Sc. Law.) The acceptance of bribes by a judge.
1773. Erskine, Inst. Laws Scot. (1838), 1091. Corruption of Judges, Crimen repetundarum, Baratry, Theftbote.
3. Marine Law. Fraud, or gross and criminal negligence, on the part of the master or mariners of a ship, to the prejudice of the owners, and without their consent; e.g., dishonestly sinking, deserting, or running away with the ship, or embezzling the cargo.
(The risk of barratry is usually excluded in bills of lading from the liabilities of the shipowner to the shipper or consignee of goods, and is undertaken by underwriters in policies of marine insurance.)
1622. Malynes, Anc. Law-Merch., 155. Barratrie of the Master and Mariners can hardly be auoided, but by a prouident care to know them.
1755. Magens, Insurances, I. 75. The Insurers were obliged to answer for the Barretry of the Master.
1865. J. Lees, Laws Brit. Ship. (ed. 9), 140. Barratry … includes whatever is a cheat, or fraud, or fraudulent act of the captain or crew to the injury of the owner.
4. The offence of habitually exciting quarrels, or moving or maintaining law-suits; vexatious persistence in, or incitement to, litigation.
1645. Ord. Lords & Com. Sacram., 6. Legally attainted of Barretry.
a. 1670. Hacket, Abp. Williams, II. (1693), 171. Inhibiting the Corinthians very sharply for their … common Barretry, in going to Law one with another.
1768. Blackstone, Comm., IV. 133. Common barretry is the offence of frequently exciting and stirring up suits and quarrels between his majesty’s subjects.
1835. Penny Cycl., III. 495/2. A single act cannot amount to barratry.
