Cowell. Blount. See Marchet, Lairwite.

GUILD. [L. Lat. gilda.] A company or corporation. See Gild.

GUILDHALL. The hall or place of meeting of a guild, or gild. See Gildhalla. The place of meeting of a municipal corporation. 3 Steph. Com. 173, note. The mercantile or commercial gilds of the Saxons are supposed to have given rise to the present municipal corporations of England, whose place of meeting is still called the Guildhall. Id. ibid.

GULE OF AUGUST. [L. Lat. gula Augusti; L. Fr. goule de August.] The first of August; the same with St. Peter's day ad vincula. Stat. Westm. 2, c. 30. Stat. 27 Edw. III. st. 3. Spelman. Cowell.

GURGES. Lat. In old English law. A gulf, or deep pit of water. Co. Litt. 5 b. The same, according to Lord Coke, with a gors, or wear; in Domesday, guort or gort. Id. ibid. A place for taking fish. Reg. Orig. 103 b. F. N. B. 95 A.

GUST, Gest. Sax. [Lat. hospes.] In old English law. A guest; a person who lodged a second night with another was so called, among the ancient Saxons. Item secundum antiquam consuetudinem, dici poterit de familia alicujus qui hospitatus fuerit cum alio per tres noctes, quia prima nocte dici poterit uncuth, secunda vero gust, tertia nocte, hogehenehyne. Also, according to ancient custom, it may be said of the family of one who has been lodged with another for three nights, that on the first night he may be called uncuth, (unknown,) on the second night gust, (or guest,) on the third night, hogehenehyne, (a domestic, or one of the household.) Bract. fol. 124 b.

GUTI, Juta. L. Lat. Jutes; one of the three nations who migrated from Germany to Britain at an early period. According to Spelman, they established them. selves chiefly in Kent, and the Isle of Wight.

GUTTURA. L. Lat. In old English law. A gutter, or drain. Reg. Orig. 104 b.

GWABR MERCHED. Brit. Maid's fee. A payment or fine made to the lords of some manors in England, upon the marriage of their tenant's daughters, or other

GWALSTOW. Sax. [from gwal, a gallows, and stow, a place; L. Lat. gwalstowum.] In old English law. A place of execution, (locus occidendorum.) LL. Hen. I. c. 11. Spelman.

GWAYF. The same as waif, (q. v.) Par. Ant. p. 196. Cowell.

H is sometimes used in some Law Latin words in which it is more generally and properly omitted; thus, Ostium is sometimes written Hostium, Coercio, Cohertio, and the like. So, on the other hand, it is sometimes omitted where it should properly be used; thus, Hutesium occurs occasionally in the form Utesium, Hypotheca as Ypotheca, and the like.

HABE, (or HAVE.) Lat. A form of the salutatory expression Ave, (hail,) in the titles of the constitutions of the Theodosian and Justinianean codes. Prateus. Calv. Lex. Spelman.

HABEAS CORPUS. L. Lat. (You have the body.) The name given to a variety of writs, (of which these were anciently the emphatic words,) having for their object to bring a party before a court or judge. The common capias is, in this general sense, a habeas corpus, the writ in the original Latin commanding the sheriff to take the defendant, "so that you have his body," &c., (ita quod habeas corpus ejus, &c.); and, according to Mr. Reeves, it was originally so called. 2 Reeves' Hist. Eng. Law, 439. The term, however, is now exclusively used to designate a few special writs, employed in English and American practice, among which the writ to inquire into the cause of a person's imprisonment or detention by another, with the view to obtain his or her liberation,

HABEAS CORPUS AD RESPONDENDUM. L. Lat. (You have the body, to answer.) In English practice. A writ which issues where one has a cause of action against another, who is confined by the process of some inferior court, in order to remove the prisoner, and charge him with this new action in the court above. 3 Bl. Com. 129. 3 Steph. Com. 693. 1 Tidd's Pr. 349.

HABEAS CORPUS AD FACIENDUM ET RECIPIENDUM. L. Lat. (You have the body, to do and receive.) In practice. A writ which issues out of any of the courts of Westminster Hall in England, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer; (whence the writ is frequently denominated a habeas corpus cum causa,) to do and receive whatsoever the king's [or queen's] court shall consider in that behalf. 3 Bl. Com. 130. 3 Steph. Com. 694, and notes ibid. 1 Tidd's Pr. 404. A similar writ has been sometimes used in American practice. See U. S. Digest, Habeas corpus.

HABEAS CORPUS AD PROSEQUENDUM. L. Lat. (You have the body, to prosecute.) In English practice. A writ which issues when it is necessary to remove a prisoner in order to be tried in the proper jurisdiction wherein the fact was committed. 3 Bl. Com. 130. 3 Steph. Com. 694.

HABEAS CORPUS AD SATISFACIENDUM. L. Lat. (You have the body, to satisfy.) In English practice. A writ which issues when a prisoner has had judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge him with process of execution. 3 Bl. Com. 129, 130. 3 Steph. Com. 693. 1 Tidd's Pr. 350.

HABEAS CORPUS AD SUBJICIENDUM. L. Lat. (You have the body, to submit to.) In practice. A writ di rected to the person detaining another, and commanding him to produce the body of the prisoner, [or person detained,] with the day and cause of his caption and detention, ad faciendum, subjiciendum et recipien

ever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Com. 131. 3 Steph. Com. 695. This is the well known remedy for deliverance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the English law. 3 Bl. Com. 129. 1 Id. 135. 1 Steph. Com. 135. It was a common law writ, but was confirmed and extended by the statute 31 Car. II. c. 2, commonly called the Habeas Corpus Act. Crabb's Hist. 525. In modern practice, it is extensively used as a means of obtaining the possession of the persons of women and infants, by parties claiming to be entitled to their legal custody. Macpherson on Infants, 152 -163, part i. c. xv. See U. S. Digest and Supplement, Habeas corpus.

HABEAS CORPUS AD TESTIFICANDUM. L. Lat. (You have the body, to testify.) In practice. A writ to bring a witness into court, when he is in custody at the time of a trial, commanding the sheriff to have his body before the court, to testify in the cause. 3 Bl. Com. 130. 2 Tidd's Pr. 809.

HABEAS CORPUS CUM CAUSA. L. Lat. L. Lat. (You have the body, with the cause.) In practice. Another name for the writ of habeas corpus ad faciendum et recipiendum, (q. v.) 1 Tidd's Pr. 348, 349.

HABEAS CORPUS ACT. The English statute of 31 Charles II. c. 2, providing the great remedy for the violation of personal liberty, by the writ of habeas corpus ad subjiciendum, and which is frequently considered as another Magna Charta of the kingdom. 3 Bl. Com. 135-137. 1 Id. 137. For a summary of its provisions, see 3 Steph. Com. 699, 702. This statute has been re-enacted or adopted, if not in terms, yet in substance and effect in all the United States. 2 Kent's Com. 27, and note. Id. 28-31.

(To have.) In conveyancing. One of the eight formal and orderly parts of a deed, following immediately after the premises; so called from the Latin word habendum, with which it commenced, and literally translated and retained in modern deeds, in the clause beginning with the words "To have and to hold." Its original object was to determine the interest granted, or to lessen, enlarge, explain or qualify the premises; or, according to Lord Coke, to name again the feoffee, and to limit the certainty of the estate. 2 Bl. Com. 298. 4 Kent's Com. 468. Co. Litt. 6 a. Shep. Touch. 75. See infra. In modern deeds, the premises usually contain the specification of the estate granted, and hence the habendum has become in most cases a mere form; but where no estate is mentioned in the premises, the habendum continues to retain its original importance. 4 Kent's Com, 468. See Shep. Touch. (by Preston,) 76.

The following form of an ancient deed, from Bracton, will serve to illustrate the original use and importance of the habendum. Sciant præsentes et futuri, quod ego talis, dedi et concessi, et hac præsenti cartâ meâ confirmavi tali, pro homagio et servitio suo, tantam terram cum pertinentiis in tali villa: HABENDAM et tenendam tali et hæredibus suis, generaliter vel cum coarctatione hæredum, liberè et quiete, &c. Know [all] men, present and future, that I, (such a one,) have given and granted, and by this my present charter have confirmed to (such a one,) in consideration of his homage and service, (so much land,) with the appurtenances, in (such a town): To HAVE and to hold to (such a one) and his heirs, generally, or with a limitation of heirs, freely and quietly, &c.

Bract. fol. 34 b, 35. See also the forms in Littleton, sect. 371, 372. It will be seen that in this example Bracton uses the word habendam, agreeing grammatically with terram; but this is disregarded in other instances, (see infra,) and habendum, as a word of more general application, has become established in the later forms.

have. have. Sometimes distinguished from tenere, (to hold,) and possidere, (to possess); habere referring to the right, tenere to the fact, and possidere to both. Calv. Lex. So habere was otherwise distinguished as referring to incorporeal things, tenere to corporeal, and possidere to both. Id. Prateus.

Habere contractum; to have a contract; to contract. Calv. Lex. Habere in procinctu; to have in readiness. Id.

Habere venale; to sell. Id.

HABILIS, (pl. Habiles.) Lat. Able; fit; competent; suitable. Habiles ad matrimonium; constitutionally fit for matrimony. 1 Bl. Com. 436. Habilis and inhabilis. Shelf. Marr. & Div. 25. Admitto te habilem; I admit thee able. Co. Litt. 344 a.

HABITARE, Lat. To inhabit; to dwell or reside. In the civil law, habitare properly signified to dwell permanently, as distinguished from commorari, (to stop for

HADBOTE. In Saxon law. A recompense or satisfaction for the violation of holy orders, or violence offered to persons in holy orders. Cowell. Blount. Perhaps this word should be written haelbote, or halibote, from the Sax. halg, holy.

HADE. [L. Lat. hada.] In old records. A piece of land; a head of land, or headland. Cowell. See Butts, Caput terræ, Caputia, Headlands.

HADERUNGA. L. Lat. & Sax. Hatred; ill-will; prejudice, or partiality. LL. Ethelred. Spelman. Cowell.

HÆC EST FINALIS CONCORDIA. L. Lat. (This is the final agreement.) The words with which the foot of a fine commenced. 2 Bl. Com. 351.

HÆREDA. In Gothic law. A tribunal answering to the English court leet, and of which it was said de omnibus quidem cognoscit, non tamen de omnibus judicat; it takes cognizance of all matters, but does not finally determine all. Stiernh. de Jur. Goth. I. 1, c. 2. 4 Bl. Com. 274.

HÆREDES NECESSARII.

Lat. In the civil law. Necessary heirs; a term applied to the slaves of a testator. A slave made heir by his master was called necessarius hæres, because whether he would or not, (sive velit sive nolit,) he became immediately after the death of the testator absolutely free and a necessary heir. Inst. 2. 19. 1. Heinecc. Elem. Jur. Civ. lib. 2, tit. 19, § 587.

HÆREDES SUI ET NECESSARII.

Lat. In the civil law. One's own (or proper) and necessary heirs. A term applied to the sons, daughters, grandsons or grand-daughters by a son or other direct descendants of a party deceased. Inst. 2. 19. 2. Called sui, because they were domestic, and even during the life of the father were considered, in a certain sense, owners of the estate, (quodammodo domini existimantur.) Id. ibid. And called necessarii, because they became heirs by the operation of law (the Twelve Tables) whether they would or not, as well in case of intestacy as where there was a will. Id. ibid. Heinecc. Elem. Jur. Civ. lib. 2, tit. 19, § 588.

HÆREDES EXTRANEI. Lat. In the civil law. Extraneous, strange or foreign heirs; those who were not subject to the power of the testator. Inst. 2. 19. 3.

LL.

HÆREDIPETA. Lat. In old English law. The next heir to lands. Hen. I. c. 70. Properly one who endeavoured to get the good will of others in order to be made their heir; (qui petit hæreditatem ;) an inheritance seeker. Co. Litt. 88 b.

HÆREDITAMENTUM. L. Lat. A hereditament. (q. v.) Spelman.

HÆREDITAS, Hereditas. Lat. [from hæres, an heir; L. Fr. enheritance.] An inheritance; an estate by succession; an estate transmissible by descent. Hæreditas alia corporalis, alia incorporalis; one kind of inheritance is corporeal, another incorporeal. Co. Litt. 9. Divisio hæreditatis; the division of an inheritance. Inst. 3. 1. 6. Hereditas occurs in the civil law.

Inheritance; hereditary succession. Hareditas est successio in universum jus quod defunctus antecessor habuit, ex quacunque causâ acquisitionis, vel successionis, cum seysina sive sine, &c. Inheritance is the succession to the whole right which the de

acquisition, or succession, with seisin or

estate of inheritance. Co. Litt. 7 b. See Heir.

without, &c. Bract. fol. 62 b. This is modified from the civil law. Dig. 50. 16. 24. In feodo et hæreditate; in fee and inheritance. Bract. fol. 207. Hæreditas ab intestato; succession from an intestate. Inst. 2. 9. 7.

Bracton contends that the word hæreditas is not derived from hæres; but that hæres, on the contrary, is from hæreditas. Hæres dicitur ab hæreditate, et non hæreditas ab hærede. Bract. fol. 62 b. 265.

Hæreditas nunquam ascendit. Lat. An inheritance never ascends. Glanv. lib. 7. c. 1. 2 Bl. Com. 211. A maxim of feudal origin, and which invariably prevailed in the law of England down to the passage of the statute 3 & 4 Will. IV. c. 106, § 6, by which it was abrogated. 1 Steph. Com. 378. See Descent.

Hæredem Deus facit, non homo. God makes the heir, not man. Co. Litt. 7 b. Solus Deus hæredem facit. God alone makes the heir. Bract. fol. 62 b.

Hæres est nomen collectivum. Heir is a collective name or noun. 1 Ventr. 215.

Hæres est nomen juris ; filius est nomen naturæ. Heir is a name or term of law; son is a name of nature. Bacon's Max. 52, in reg. 11.

Hæres hæredis mei est meus hæres. The

heir of my heir is my heir. Wharton's Lex. Hæres est aut jure proprietatis aut jure representationis. An heir is either by right of property, or right of representation. 3 Co. 40 b.

According to Lord Coke, the words. hæreditas and hores are both derived from hærendo, (adhering,) that is, from closely resting upon; for he who is heir hæret, (adheres, that is, to the ancestor ;) or he is so called from hærendo, because the inheritance hæret, adheres to him. (Hæreditas et hæres dicuntur ab hærendo, quod est arcte insidendo, nam qui hæres est, hæret ; vel dicitur ab hærendo, quia hæreditas sibi hæret.) Co. Litt. 7 b. This idea of the close connection between heir and ancestor is carried still farther in the following maxims:

Hæres est alter ipse, et filius est pars patris. An heir is another self, and a son is part of the father. 3 Co. 12 b, Harbert's

case.

Hæres est eadem persona cum antecessore. An heir is the same person with his ancestor. Co. Litt. 22. Branch's Princ.

Hæres est pars antecessoris. An heir is a part of the ancestor. Id. ibid. So said, because the ancestor, during his life, bears in his body (in judgment of law) all his heirs. Id. ibid.

HÆRES. Lat. In feudal law. An heir. Nomen hæredis, in prima investitura expressum, tantum ad descendentes ex corpore primi vasalli extenditur; et non ad collaterales, nisi ex corpore primi vasalli sive stipitis descendant. The name of heir, expressed in the first investiture, extends only to the descendants of the body of the first feudatory; and not to collaterals, unless they descend from the body of the first feudatory, or stock (of descent.) Craig Jus. Feud. lib. 1, tit. 9, § 36. 2 Bl. Com. 221. Hence an heir is said properly to mean a son. Calv. Lex. Jur. Id. de Verb. Feudal.

HÆRES, (more commonly HERES.)