Chapter 305

Common bar (Law) Same as Blank bar , under Blank . -- Common barrator (Law) , one who makes a business of instigating litigation. -- Common Bench , a name sometimes given to the English Court of Common Pleas. -- Common brawler (Law) , one addicted to public brawling and quarreling. See Brawler . -- Common carrier (Law) , one who undertakes the office of carrying (goods or persons) for hire. Such a carrier is bound to carry in all cases when he has accommodation, and when his fixed price is tendered, and he is liable for all losses and injuries to the goods, except those which happen in consequence of the act of God, or of the enemies of the country, or of the owner of the property himself. -- Common chord (Mus.) , a chord consisting of the fundamental tone, with its third and fifth. -- Common council , the representative (legislative) body, or the lower branch of the representative body, of a city or other munisipal corporation. -- Common crier , the crier of a town or city. -- Common divisor (Math.) , a number or quantity that divides two or more numbers or quantities without a remainder; a common measure. -- Common gender (Gram.) , the gender comprising words that may be of either the masculine or the feminine gender. -- Common law , a system of jurisprudence developing under the guidance of the courts so as to apply a consistent and reasonable rule to each litigated case. It may be superseded by statute, but unless superseded it controls. Wharton. It is by others defined as the unwritten law (especially of England), the law that receives its binding force from immemorial usage and universal reception, as ascertained and expressed in the judgments of the courts. This term is often used in contradistinction from statute law. Many use it to designate a law common to the whole country. It is also used to designate the whole body of English (or other) law, as distinguished from its subdivisions, local, civil, admiralty, equity, etc. See Law . -- Common lawyer , one versed in common law. -- Common lewdness (Law) , the habitual performance of lewd acts in public. -- Common multiple (Arith.) See under Multiple . -- Common noun (Gram.) , the name of any one of a class of objects, as distinguished from a proper noun (the name of a particular person or thing). -- Common nuisance (Law) , that which is deleterious to the health or comfort or sense of decency of the community at large. -- Common pleas , one of the three superior courts of common law at Westminster, presided over by a chief justice and four puisne judges. Its jurisdiction is confined to civil matters. Courts bearing this title exist in several of the United States, having, however, in some cases, botth civil and criminal jurisdiction extending over the whole State. In other States the jurisdiction of the common pleas is limited to a county, and it is sometimes called a county court . Its powers are generally defined by statute. -- Common prayer , the liturgy of the Church of England, or of the Protestant Episcopal church of the United States, which all its clergy are enjoined use. It is contained in the Book of Common Prayer. -- Common school , a school maintained at the public expense, and open to all. -- Common scold (Law) , a woman addicted to scolding indiscriminately, in public. -- Common seal , a seal adopted and used by a corporation . -- Common sense . (a) A supposed sense which was held to be the common bond of all the others. [Obs.] Trench. (b) Sound judgment. See under Sense . -- Common time (Mus.) , that variety of time in which the measure consists of two or of four equal portions. -- In common , equally with another, or with others; owned, shared, or used, in community with others; affecting or affected equally. -- Out of the common , uncommon; extraordinary. -- Tenant in common , one holding real or personal property in common with others, having distinct but undivided interests. See Joint tenant , under Joint . -- To make common cause with , to join or ally one's self with.

Syn. -- General; public; popular; universal; frequent; ordinary; customary; usual; familiar; habitual; vulgar; mean; trite; stale; threadbare; commonplace. See Mutual , Ordinary , General .

Common <Xpage=286>

Com"mon (?) , n. 1. The people; the community. [Obs.] "The weal o' the common ."

Shak.

2. An inclosed or uninclosed tract of ground for pleasure, for pasturage, etc., the use of which belongs to the public; or to a number of persons.

3. (Law) The right of taking a profit in the land of another, in common either with the owner or with other persons; -- so called from the community of interest which arises between the claimant of the right and the owner of the soil, or between the claimants and other commoners entitled to the same right.

Common appendant , a right belonging to the owners or occupiers of arable land to put commonable beasts upon the waste land in the manor where they dwell. -- Common appurtenant , a similar right applying to lands in other manors, or extending to other beasts, besides those which are generally commonable, as hogs. -- Common because of vicinage &or; neighborhood , the right of the inhabitants of each of two townships, lying contiguous to each other, which have usually intercommoned with one another, to let their beasts stray into the other's fields. -- Common in gross &or; at large , a common annexed to a man's person, being granted to him and his heirs by deed; or it may be claimed by prescriptive right, as by a parson of a church or other corporation sole. Blackstone. -- Common of estovers , the right of taking wood from another's estate. -- Common of pasture , the right of feeding beasts on the land of another. Burill. -- Common of piscary , the right of fishing in waters belonging to another. -- Common of turbary , the right of digging turf upon the ground of another.

Common <Xpage=286>

Com"mon , v. i. 1. To converse together; to discourse; to confer. [Obs.]

Embassadors were sent upon both parts, and divers means of entreaty were commoned of. Grafton.

2. To participate. [Obs.]

Sir T. More.

3. To have a joint right with others in common ground.

Johnson.

4. To board together; to eat at a table in common.

Commonable <Xpage=286>

Com"mon*a*ble (?) , a. 1. Held in common. "Forests . . . and other commonable places."

Bacon.

2. Allowed to pasture on public commons.

Commonable beasts are either beasts of the plow, or such as manure the ground. Blackstone.

Commonage <Xpage=286>

Com"mon*age (?) , n. [Cf. OF. communage .] The right of pasturing on a common; the right of using anything in common with others.

The claim of comonage . . . in most of the forests. Burke.

Commonalty <Xpage=286>

Com"mon*al*ty (?) , n. ; pl. Commonalties (#) . [Of. communalt\'82 ; F. communaut\'82 , fr. communal . See Communal .] 1. The common people; those classes and conditions of people who are below the rank of nobility; the commons.

The commonalty , like the nobility, are divided into several degrees. Blackstone.

The ancient fare of our kings differed from that of the commonalty in plenteousness only. Landon.

2. The majority or bulk of mankind. [Obs.]

Hooker.

Commoner <Xpage=286>

Com"mon*er (?) , n. 1. One of the common people; one having no rank of nobility.

All below them [the peers] even their children, were commoners , and in the eye law equal to each other. Hallam.

2. A member of the House of Commons.

3. One who has a joint right in common ground.

Much good land might be gained from forests . . . and from other commonable places, so as always there be a due care taken that the poor commoners have no injury. Bacon.

4. One sharing with another in anything. [Obs.]

Fuller.

5. A student in the university of Oxford, Eng., who is not dependent on any foundation for support, but pays all university charges; -- at Cambrige called a pensioner .

6. A prostitute. [Obs.]

Shak.

Commonish <Xpage=286>

Com"mon*ish , a. Somewhat common; commonplace; vulgar.

Commonition <Xpage=286>

Com`mo*ni"tion (?) , n. [L. commonitio . See Monition .] Advice; warning; instruction. [Obs.]

Bailey.

Commonitive <Xpage=286>

Com*mon"i*tive (?) , a. Monitory. [Obs.]

Only commemorative and commonitive . Bp. Hall.

Commonitory <Xpage=286>

Com*mon"i*to*ry (?) , a. [L. commonitorius .] Calling to mind; giving admonition. [Obs.]

Foxe.

Commonly <Xpage=286>

Com"mon*ly (?) , adv. 1. Usually; generally; ordinarily; frequently; for the most part; as, confirmed habits commonly continue trough life .

2. In common; familiary. [Obs.]

Spenser.

Commonness <Xpage=286>

Com"mon*ness , n. 1. State or quality of being common or usual; as, the commonness of sunlight .

2. Triteness; meanness.

Commonplace <Xpage=286>

Com"mon*place` (?) , a. Common; ordinary; trite; as, a commonplace person, or observation .

Commonplace <Xpage=286>

Com"mon*place` , n. 1. An idea or expression wanting originality or interest; a trite or customary remark; a platitude.

2. A memorandum; something to be frequently consulted or referred to.

Whatever, in my reading, occurs concerning this our fellow creature, I do never fail to set it down by way of commonplace . Swift.

Commonplace book , a book in which records are made of things to be remembered.

Commonplace <Xpage=286>

Com"mon*place` , v. t. To enter in a commonplace book, or to reduce to general heads.

Felton.

Commonplace <Xpage=286>

Com"mon*place` , v. i. To utter commonplaces; to indulge in platitudes. [Obs.]

Bacon.

Commonplaceness <Xpage=286>

Com"mon*place`ness , n. The quality of being commonplace; commonness.

Commons <Xpage=286>

Com"mons (?) , n. pl. , 1. The mass of the people, as distinguished from the titled chasses or nobility; the commonalty; the common people. [Eng.]

'T is like the commons , rude unpolished hinds, Could send such message to their sovereign. Shak.

The word commons in its present ordinary signification comprises all the people who are under the rank of peers. Blackstone.

2. The House of Commons, or lower house of the British Parliament, consisting of representatives elected by the qualified voters of counties, boroughs, and universities.

It is agreed that the Commons were no part of the great council till some ages after the Conquest. Hume.

3. Provisions; food; fare, -- as that provided at a common table in colleges and universities.

Their commons , though but coarse, were nothing scant. Dryden.

4. A club or association for boarding at a common table, as in a college, the members sharing the expenses equally; as, to board in commons .

5. A common; public pasture ground.

To shake his ears, and graze in commons . Shak.

Doctors' Commons , a place near St. Paul's Chuchyard in London where the doctors of civil law used to common together, and where were the ecclesiastical and admiralty courts and offices having jurisdiction of marriage licenses, divorces, registration of wills, etc. -- To be on short commons , to have small allowance of food. [Colloq.]

Common sense <Xpage=286>

Com"mon sense" (?) . See Common sense , under Sense .

Commonty <Xpage=286>

Com"mon*ty (?) , n. (Scots Law) A common; a piece of land in which two or more persons have a common right.

Bell.

Commonweal <Xpage=286>

Com"mon*weal" (?) , n. [ Common + weal .] Commonwealth.

Such a prince, So kind a father of the commonweal . Shak.

Commonwealth <Xpage=286>

Com"mon*wealth` (?; 277) , n. [ Common + wealth well-being.] 1. A state; a body politic consisting of a certain number of men, united, by compact or tacit agreement, under one form of government and system of laws.

The trappings of a monarchy would set up an ordinary commonwealth . Milton.

<page="287"> Page 287

&hand; This term is applied to governments which are considered as free or popular, but rarely, or improperly, to an absolute government. The word signifies, strictly, the common well-being or happiness ; and hence, a form of government in which the general welfare is regarded rather than the welfare of any class.

2. The whole body of people in a state; the public.

3. (Eng. Hist.) Specifically, the form of government established on the death of Charles I., in 1649, which existed under Oliver Cromwell and his son Richard, ending with the abdication of the latter in 1659.

Syn. -- State; realm; republic.

Commorance <Xpage=287>

Com"mo*rance (?) , n. See Commorancy .

Commorancy <Xpage=287>

Com"mo*ran*cy (?) , n. 1. (Law) A dwelling or ordinary residence in a place; habitation.

Commorancy consists in usually lying there. Blackstone.

2. (Am. Law) Residence temporarily, or for a short time.

Commorant <Xpage=287>

Com"mo*rant (?) , n. [L. commorans , p. pr. of commorari to abide; com- + morari to delay.] 1. (Law) Ordinarily residing; inhabiting.

All freeholders within the precinct . . . and all persons commorant therein. Blackstone.

2. (Am. Law) Inhabiting or occupying temporarily.

Commorant <Xpage=287>

Com"mo*rant , n. A resident.

Bp. Hacket.

Commoration <Xpage=287>

Com`mo*ra"tion (?) , n. [L. commoratio .] The act of staying or residing in a place. [Obs.]

Bp. Hall.

Commorient <Xpage=287>

Com*mo"ri*ent (?) , a. [L. commoriens , p. pr. of commoriri .] Dying together or at the same time. [R.]

Sir G. Buck.

Commorse <Xpage=287>

Com*morse" (?) , n. [L. commorsus , p. p. of commordere to bite sharply.] Remorse. [Obs.] "With sad commorse ."

Daniel.

Commote <Xpage=287>

Com*mote" (?) , v. t. [See Commove .] To commove; to disturb; to stir up. [R.]

Society being more or less commoted and made uncomfortable. Hawthorne.

Commotion <Xpage=287>

Com*mo"tion (?) , n. [L. commotio : cf. F. commotion . See Motion .] 1. Disturbed or violent motion; agitation.

[What] commotion in the winds! Shak.

2. A popular tumult; public disturbance; riot.

When ye shall hear of wars and commotions . Luke xxi. 9.

3. Agitation, perturbation, or disorder, of mind; heat; excitement. "He could not debate anything without some commotion ."

Clarendon.

Syn. -- Excitement; agitation; perturbation; disturbance; tumult; disorder; violence.

Commove <Xpage=287>

Com*move" (?) , v. t. [ inp. & p. p. Commoved (?) ; p. pr. & vb. n. Commoving .] [L. commovere , commotum ; com- + movere to move.] 1. To urge; to persuade; to incite. [Obs.]

Chaucer.

2. To put in motion; to disturb; to unsettle. [R.]

Straight the sands, Commoved around, in gathering eddies play. Thomson.

Communal <Xpage=287>

Com"mu*nal (? &or; ?) , a. [Cf. F. communal .] Pertaining to a commune.

Communalism <Xpage=287>

Com"mu*nal*ism (?) , n. A French theory of government which holds that commune should be a kind of independent state, and the national government a confederation of such states, having only limited powers. It is advocated by advanced French republicans; but it should not be confounded with communism.

Communalist <Xpage=287>

Com"mu*nal*ist , n. [Cf. F. communaliste .] An advocate of communalism.

Communalistic <Xpage=287>

Com`mu*nal*is"tic (?) , a. Pertaining to communalism.

Commune <Xpage=287>

Com*mune" (?) , v. i. [ imp. & p. p. Communed (?) ; p. pr. & vb. n. Communing .] [OF. communier , fr. L. communicare to communicate, fr. communis common. See Common , and cf. Communicate .] 1. To converse together with sympathy and confidence; to interchange sentiments or feelings; to take counsel.

I would commune with you of such things That want no ear but yours. Shak.

2. To receive the communion; to partake of the eucharist or Lord's supper.

To commune under both kinds. Bp. Burnet.

To commune with one's self &or; one's heart , to think; to reflect; to meditate.

Commune <Xpage=287>

Com"mune (?) , n. Communion; sympathetic intercourse or conversation between friends.

For days of happy commune dead. Tennyson.

Commune <Xpage=287>

Com"mune (?) , n. [F., fr. commun . See Common .] 1. The commonalty; the common people. [Obs.]

Chaucer.

In this struggle -- to use the technical words of the time -- of the " commune ", the general mass of the inhabitants, against the "prudhommes" or "wiser" few. J. R. Green.

2. A small terrotorial district in France under the government of a mayor and municipal council; also, the inhabitants, or the government, of such a district. See Arrondissement .

3. Absolute municipal self-government.

The Commune of Paris , &or; The Commune (a) The government established in Paris (1792-94) by a usurpation of supreme power on the part of representatives chosen by the communes; the period of its continuance is known as the "Reign of Terror." (b) The revolutionary government, modeled on the commune of 1792, which the communists, so called, attempted to establish in 1871.

Communicability <Xpage=287>

Com*mu`ni*ca*bil"i*ty (?) , n. [Cf. F. communicabilit\'82 .] The quality of being communicable; capability of being imparted.

Communicable <Xpage=287>

Com*mu"ni*ca*ble (?) , a. [Cf. F. communicable , LL. communicabilis .] 1. Capable of being communicated, or imparted; as, a communicable disease; communicable knowledge.

2. Communicative; free-speaking. [Obs.]

B. Jonson.

-- Com*mu"ni*ca*ble*ness , n. -- Com*mu"ni*ca"bly , adv.

Communicant <Xpage=287>

Com*mu"ni*cant (?) , n. [L. communicans , p. pr.] 1. One who partakes of, or is entitled to partake of, the sacrament of the Lord's supper; a church member.

A never-failing monthly communicant . Atterbury.

2. One who communicates.

Foxe.

Communicant <Xpage=287>