A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

HAERES.

Haeres est pars antecessoris; Therefore if land* 1.1 be given to a man and his Heirs, all his Heirs are so totally in him, as he may give the Lands to whom he will; one cannot be heir till the death of his Ancestor; he is called Haeres apparens Heir apparent.

Every Heir having Land, is bound by the bind∣ing* 1.2 acts of his Ancestors, i•• he be named, qui se••∣ti•• commodum sentire debet & incomm••dum sive ••nus. Cook on Lit. l. c. 1. sect. 1.

A man by the Common Law cannot be Heir to goods or chattels; for haeres dicitur ab haereditate. If a man buy divers Fishes, as Ca••ps, Bream••▪ Tenches, and put them into his Pond and dieth; in this case the Heir shall have them, and not the Ex∣ecutors; but they shall go with the Inheritance▪ because they were at liberty and could not be got∣ten without industry, as by ne••s an: other Engines▪* 1.3 and otherwise it is if they were in a Trunk. Like∣wise Deer in a Park, Conies in a Warren, and Doves in a Dove-house, young and old shall go to the Heir.

Notes

• * 1.1

  Cook on Lit. l. 1. c. 2. Cook on Lit. l. 1. c. 1. sect. 1.
• * 1.2

  Solus Deus facit haere∣des.
• * 1.3

  Cook on Lit. l. 1. c. 1. sect. 1.