ANATHEMA1, eccl. law. A punishment by which a person is separate from, the body of the church, and forbidden all intercourse2 with the faithful: it differs from excommunication, which simply forbids the person excommunicated, from going into the church and communicating with the faithful. Gal3. 1. 8, 9.
ANATOCISM, civil law. Usury4, which consists in taking interest on interest, or receiving compound interest. This is forbidden. Code, lib. 4, t. 32, 1, 30; 1 Postlethwaite's Dict.
2. Courts of equity5 have considered contracts for compounding interest illegal, and within the statute6 of usury. Cas. t. Talbot, 40; et vide Com. Rep. 349; Mass. 247; 1 Ch. Cas. 129; 2 Ch. Cas. 35. And contra, 1 Vern. 190. But when the interest has once accrued7, and a balance has been settled between the parties, they may lawfully8 agree to turn such interest into principal, so as to carry interest in futuro. Com. on Usury, ch. 2, s. 14, p. 146 et eq.
ANCESTOR, descents. One who has preceded another in a direct line of descent; an ascendant. In the common law, the word is understood as well of the immediate9 parents, as, of these that are higher; as may appear by the statute 25 Ed. III. De natis ultra mare10, and so in the statute of 6 R. III. cap. 6, and by many others. But the civilians11 relations in the ascending12 line, up to the great grandfather's parents, and those above them, they term, majores, which common lawyers aptly expound13 antecessors or ancestors, for in the descendants of like degree they are called posteriores. Cary's Litt.45. The term ancestor is applied14 to natural persons. The words predecessors15 and successors, are used in respect to the persons composing a body corporate16. See 2 Bl. Com. 209; Bac. Abr. h. t.; Ayl. Pand. 58.
ANCESTRAL. What relates to or has, been done by one's ancestors; as homage17 ancestral, and the like.
ANCHOR. A measure containing ten gallons. Lex, Mereatoria.
ANCHORAGE, merc. law. A toll18 paid for every anchor cast from a ship into a river, and sometimes a toll bearing this name is paid, although there be no anchor cast. This toll is said to be incident to almost every port. 1 Wm. Bl. 413; 2 Chit. Com. Law, 16.
ANCIENT. Something old, which by age alone has acquired some force; as ancient lights, ancient writings.
ANCIENT DEMESNE19, Eng. law. Those lands which either were reserved to the crown at the original distribution of landed property, or such as came to it afterwards, by forfeiture20 or other means. 1. Sal. 57; hob. 88; 4 Inst. 264; 1 Bl. Com. 286; Bac. Ab. h. t.; F. N. B. 14.
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