Glossary of Technical Terms, Phrases, and Maxims of the Common Law

I. (Having men.) Rich men.

/. (That you make him have possession). A writ of execution, for the successful plaintiff in ejectment to recover possession of the lands. Habere facias seisinam: a writ to give th

/. Able; fit; suitable; good, sound.

so. Held and reputed.

/. Habit; apparel; garb; manners.

Haven courts; old courts

/., Haye,/r. A hedge. The next heir. v. Hereditament. inheritance. Hsereditas inheritance not yet ac- Hsereditas nihil aliud jus quod defunctus but the succession to all luctuosa:

Descent from one lineal ancestor only of a pair. v. Full blood. Half-proof: in the civil law, proof by only one witness, or a private instrument. Half-tongue: a jury bilinguu.

sax. People who held lands by the service of defending or repairing a church.

sax. A home; house. Hamesecken; v. Eaimsucken. Hamsocne: the privilege of a man's house, or the breach thereof.

An office on the common law side of the Court of Chancery, in which the writs of private persons and returns, or the fees arising from them were kept, as those relating to the Crow

A hand-pjedge; a name given to the nine ordinary frank-pledges of a decennary, the tenth or chief being the headborow. V. Tithing. '

Having in the hand; a thief caught with the goods in his possession, v. Bacberend.

A sale confirmed by striking hands; the price.

sax. A fine for hanging a thief without trial.

A commercial association of German cities, formerly existing, chief among which were Bremen, Lubee, and Hamburg, having a peculiar code of maritime laws. Harlot^ V. Heriot.

A penny tax on every house. -<i. Peter's pence.

An allowance made the master of a ship for the purchase of vidnter clothing; primage. Haubert,/?-. A coat of mail; haubergeon.

I. Drawing; the servitude of entering and drawing water.

Haya, /. A hedge; an enclosure.

An officer who keeps the common cattle of a town and sees to the preservation of hedges.

The chief pledge of a tithing, v. Handborow.

A tax of two shillings on every hearth in Engapparent: one certain heir presumptive: tor died to-day, but feated by some contingency. custom, as gavelkind, lands are devised by blo

/. This is an agreement. Haec est finalis Concordia this is the final words the

I. (An inheritance seeker.)

A chattel, heir with the inheritance fishes in the pond, the

sax. A prison,

v. Hangwite. Heralds' college. An empowered to grant three kings at arms, gether with the Earl

and Henry VIII. It consisted of divers lords spiritual and temporal, being privy councillors, together vrith two judges of the courts of common law; and tried, without the interven

;. Herbage; anterius: the first

/,, Herberger,/r. Hereditament. That reditaments: such pass by livery of hereditaments, which manual delivery or

1. A tribute in the death of a knight or, in copyhold tenure, to the lord on the death Heritable and movable table bond: a bond heritance as security. criminal jurisdiction

As much land as one hundred and twenty acres; family; a ploughland; a Hide (hyde) and gain. Arable

who in theory exercises as reside in the Crown; v. Court, 19. were invoked as a favor of the King, but tallized into the system of Equity. The was the highest court of equity, and

and the other of Appeal (Court, 26). The jurisdiction original; and includes in general that the Courts of Chancery, King's Bench,

with five divisions, and a Court of

Begins at low-water High treason: treason to foot, bridle, road, or water of Justice, of Appeal: v.

In England, 31st of January.

/. In Scotch law,

hine, sax. A servant in

hurst. A wood.

I. With this Hoc nomine: in this name. recordum: this he is ready quam durum est, sed ita so the law is written. Hoc Hoc titulo: under this title.

Agenhyne, sax. the household; a guest on

An island in a river;

A deed or wiU tator, in his own hand.

sax. A wood, grove.

Homagium, I. An ment by the tenant in knight sal, reserving only his faith as is due the King independent tion. Homage ancestral immemorially by homage; Homagium reddere: to

homme, fr.. Homo, Homines de iief, feodauz,

The place of a and land about it, exempted plough could work; from sixty to a as much land as would support one mansion-house. ' land. mark, excluding the/auces terras. the King or

hominium, I. Homage. Homine replegiando. v. Be.

I. A man; a vassal. Homo potest esse habilis et inbabilis diversis temporibus: a man may be capable and incapable at divers times. Homo francus, ingenuus, liber: a freeman.

Approbation; confirmation.

alteri non Isedere, suum cuique tribuere, I. To live honestlj, injure not another, render to each his own. Honour,^., Honor, I. Honor. A nobler sort of seigniory, v. Challenge, Acc

I. An hqnorary or free gift, which cannot be exacted.

A valley.

Carnage. Horn geld: a tax on horned beasts in a forest. Hors,/r. Out; without; out of. Hors de son fee: out of his. fee, an old plea to an action to recover rent on services. Hors

I. Hours in which the court sits.

;)/. hospites, I. Guest; host.

I., Hosteller, /r. An iunlceeper.

/. Inns of court. Hospitium: household.

/. Eaemies. Hostes humani generis: pirates.

A mixing together, throwing into a common stock; as of a child's advancement, when an inheritance is to be divided.

has authority over the theatres and plays. Lords under the 14 & 15 Vict. c. 83, hearing appeals from the Masnow judges the Great Seal: ex officio lord and privy-councillor, an offi

v. Bote.

When sitting on an appeal it was composed of the judges of the two House of Lords was the supreme court land, having appellate jurisdiction over the and probably also over the Cour

v. Court, 13.

/. A burdensome jacens (a prostrate inheritance): an cepted and entered upon by the heir. est quam successio in universum babuerit: an inheritance is nothing the rights the decease

pi. haeredes, /. Heir. Haeres ment. Haeres astrarius: an heir in facto: an heir in fact; from the Haeres factud: an heir by will, a est alter ipse et filius est pars self and a son

The alarm, and pursuit of a felon, in which all were bound to join.

huy,/r. A door.

A portion of a county usually containing ten tithings and a hundred frank-pledges, in which all were liable, in case of offence within the district, to produce the offender or make

sax. A domestic; a vassal. Husfastene: a householder. Husgablum: house rent or tax.

The principal court of the city of London. The raised place from which candidates for Parliament address the electors. V. Couri, 58, 60.

I. A pledge for a debt without delivery of the property pledged; hypothecation.

sax. A wharf or haven.

/. There; in that place. Ibi semper debet fieri triatio, ubi juratores meliorem possunt habere notitiam: a trial ought always to be held where the jury can get the best information

;. The same. Idem agens et patiens esse non potest: the same person cannot be both agent and patient. Idem est non esse et non apparere: not to appear is the same as not to be. Ide

/. A writ that lay for him who upon a cajiias or an exigent was taken and committed to prison for another man of the same name.

I. Therefore inquire. Ideo consideratum est: therefore it is considered.

I. An old writ to inquire whether a man was an idiot or not, by a jury of twelve men; if so found, the profits of his land and the custody of his person might be granted by the sov

/. Curfew. Ignorantia eorum quae quia scire tenetur non ezcusat, I. Ignorance of those things which any one is held to know is no excuse. Ignorantia fact ezcusat, ignorantia juris

I. A thing unknown by something yet more unknown. ll,/r. It, he. II oovient: it is proper. H est communement dit: it is commonly said. niugne, illongues, etc.,/r. There.

Having a tendency to render infirm, to weaken.

The appointment hy a person having a power to appoint real or personal property among a class, of a merely nominal share to one of that class, practically excluding him; frequently

Time. Before the time of Richard I., before A. D. 1189.

I. Immovable. Immobilia situm sequuntur: things immovable follow [the law ot] their site.

To enter the names of the jurymen on the panel, a bit of parchment attached to the venire facias. In America, to choose the names of jurors for a particular case.

Leave given to the defendant to talk with the plaintiff and settle the suit amicably; an extension of time for pleading; a continuance; a stay of execution, v. Continuance.

Inducted and in possession of a benefice, v. Induction. Impeachment of ■waste. Liability for waste; also, a demand or suit for waste committed.

I. One who hinders; a defendant, deforciant. Impeditor: the disturber in quare impedit.

Lat. Unskilfulness. Imperite: unskilfully. Imperitia culpae adnumeratur: want of skill is reckoned a fault [culpable negligence].

I. Power, command; authority.

I. To impeach, command; to sue. Impetitio vasti: impeachment of waste.

/. To implead; to sue.

v. Assumpsit, Colour, Condition, Consideration, Covenant, Malice, Trust, Warranty.

I. Imposition; a tax

I. Impossible. est: there is no obligation of Impotentia ezcusat legem, /. possibility or inability is an requires.]

1. To put in a pound. the law; as of a forged or suspicious

/. (Let it be printed.)

/. In the first place;