Old Law. Forms: 5– average; Sc. 6 avarage, arage, arrage, aryage, 6–9 arriage. [In OF. average (Godef.) and med.(Anglo-)L. averagium, apparently the same as avera in Domesday Book, explained by Spelman as ‘one day’s work which the king’s tenants gave to the sheriff.’ In the vernacular form, only in Scotch, where also phonetically worn down to arage (cf. laverok, lark, favorand, farrand), and spelt arriage in association with carriage. Origin uncertain.
Early explanations evidently treated avera as latinized form of OF. ovre, œvre work. Sir J. Skene referred it to aver ‘beast of burden, and so explained the meaning; but his proposed explanation (since repeated in the Law Dicts.) is hardly supported by the early use of averagium and OF. average. Danish hoveri ‘average, soccage-duty,’ suggested by Wedgwood, is (with its Romance suffix) a more recent word than averagium, and not possibly its source. Mr. C. I. Elton, from the actual use of avera, is disposed to revert to the idea of referring it to OF. ovre, œvre, its form being perhaps affected by the use of avere, aver, for property and cattle. He compares averagium with F. ouvrage, and med.L. operagium.]
Some kind of service due by tenants to the feudal superior. Explained in the Law Dictionaries, since Sir J. Skene, as ‘service done by the tenant with his beasts of burden’ (see above). Known chiefly in the phrase ‘arriage and carriage,’ retained in Scotch leases till 20 Geo. II., but having in later times no definitely ascertained meaning.
[1085. Domesday Bk., I 9 b (Kent). In Berham hundredo … de auera, id est servitium, LX solidi. Ibid., I 132 b (Herfordsh.). In seruitio regis inuenit unam aueram et inwardum, sed iniuste et per vim.
1206. Fine Rolls of 8 John (Elton, Tenures of Kent, 366). Ita ut xenia et aueragia et alia opera quæ fiebant de terris iisdem conuertentur in redditum denariorum ægros alentem.
Rental of Royal Manor of Wy (Spelman 294). Quod unumquodque Averagium æstivale fieri debet inter Hokeday et gulam Augusti, et per diem sabbati.
Monast. Angl., I. 302 (1655). Solebant etiam homines villæ ire apud Langinhet, et reportare Averagium de anguillis de Southraye.
1371. Indenture betw. Earl Menteith & C’tess. Fife (Jam.). Cum auaragiis et caragiis.]
1489. Acts Jas. IV. (3 Feb.), vii. All landes, rentes, custumez, burrow malez, fermes, martes, mutoun, poultre, average, cariage, and vtheres dewiteis.
1534. MS., in Regr. Off. (Jam.). That he should pay a rent of 20l. usual mony of the realm; 4 dozen poultrie, with all aryage and carriage, and do service use and wont.
1549. Compl. Scot., xv. 125. I am maid ane slaue of my body to ryn and rashe in arrage and carraige.
1597. Skene, De Verb. Sign. (Jam.). Arage … vtherwaies Average, signifies service quhilk the tennent aucht to his master, be horse, or carriage of horse.
1641. Termes de la Ley, 33 b.
1754. Erskine, Princ. Sc. Law (1809), 191. Clauses were formerly thrown into most tacks, obliging tenants to services indefinitely, under the name of arriage and carriage, or services use and wont.
1818. Scott, Hrt. Midl., viii. Regular payment of mail-duties, kain, arriage, carriage, [etc.].
1835. Tomlins’ Law Dict., Arriage and carriage, indefinite services prohibited by 20 Geo. II. c. 50 § 21, 22.
