673 



HERIOT. 



HKRMKS. 



074 



Anthropomorphites (who maintained, from Genesis, i. 27, that God 

 had a human shape), and others. 



The rapid spread of the monastic system in this century was warmly 

 resisted by Vigilantius, who thus incurred the enmity of Jerome, and 

 has been ranked among the heretics. 



In the 6th century the Monophysites continued to branch out into 

 new sects, several of which arose on the question whether the body 

 of Christ was corruptible or incorruptible. Other minor sects are 

 mentioned by Mosheim. (' Ecc. Hist.' vol. ii.) After this time most 

 of the ancient sects remained in existence in different parts of the 

 Christian world with greater or less vigour. The only new sect which 

 requires a distinct notice is that of the Paulicians, which was formed 

 in Armenia and Cappadocia in the 7th century. After suffering 

 severe persecutions they were dispersed over Europe, in various parts 

 of which they formed settlements about the llth century. The origin 

 of the Albigenses is traced to a body of Paulicians which settled in 

 France. [ALBIGENSES.] The doctrines of the Paulicians have been 

 identified by some with those of the Manichseaus, while others regard 

 them as reformers of the corruptions of the church. (Vaughan's 

 ' Life of Wycliffe,' Introd., c. ii.) 



Before the Reformation in England heresy was the holding of 

 opinions contrary to the Catholic faith and the determination of Holy 

 Church (2 Hen. IV. c. 15). The court in which a man could be con- 

 victed of heresy at common law, was that of the archbishop in a 

 provincial synod. After conviction the criminal was delivered up to 

 the king to do what he pleased with him. If the criminal had 

 abjured his heresy and then relapsed, the king in council, upon a 

 second conviction, might issue the writ De Hseretico comburendo, 

 upon which the criminal was burnt alive. One Sawtre, it is said, was 

 the first man burnt alive for heresy in England, and the writ De 

 Hicretico comburendo was formed in this case. But the above-men- 

 tioned statute empowered the diocesan alone, without a synod, to 

 commit a man for heretical opinions, and to imprison him as long as he 

 chose, or fine him ; or if he refused to abjure, or after abjuration 

 relapsed, the sheriff, mayor, or other officer, who should be present, if 

 required, with the ordinary or his commissary, when the sentence was 

 pronounced, was to take the convict and burn him openly, without 

 waiting for the king's writ. 



It is unnecessary to mention the statutes of Henry VIII. relating to 

 heresy. The Reformation was not fully established till the reign of 

 Elizabeth, the first statute of whose reign repeals all the former enact- 

 ments, and leaves heresy as it stood at common law. (5 Rep. 23). 

 There is no statute that determines what heresy is. The statute of 

 Elizabeth limited it to ' such as heretofore hath been adjudged heresy ' 

 by the authority of the Scripture or the first four councils. After the 

 Reformation was fully established, heresy was punished by ecclesiastical 

 censures, and by burning alive a criminal who had been convicted in a 

 provincial synod. The writ for burning the heretic could not be 

 demanded as a matter of right, being left to the discretion of the 

 crown ; but both Elizabeth and James L, in their discretion, thought 

 proper to grant the writ. Elizabeth, it is said, burnt alive two ana- 

 liaptists, and James two Arians. 



The statute 29 Charles II. c. 9, abolished the writ De Hteretico 

 comburendo ; and heresy is now left entirely to the ecclesiastical 

 courts. As Elizabeth and James practically showed their approbation 

 of burning heretics alive, so Lord Coke (3 ' Instit.' c. 5) approves of 

 the punishment. 



At present the ecclesiastical courts punish for heresy, when they do 

 punish, pro taliUe animae, as it is termed that is, solely out of regard 

 to the soul of the offender. But it is difficult to say at present what 

 can be called heresy ; and perhaps it is difficult to say what is exactly 

 the punishment for it. 



Its history in England is instructive, but the change from burning 

 alive to the free expression of opinion on religious matters is one of 

 the greatest steps in the social progress of this country. For some 

 other matters connected with the subject, see BLASPHEMY. (Blackst. 

 ' Comm.' Mr. Kerr's ed., vol. iv. p. 40.) 



HERIOT is a feudal service consisting in a chattel rendered to the 

 lord on the death of a tenant, and in some places upon alienation of a 

 tenant. It is stated to have originated in a voluntary gift made by 

 the dying tenant to his lord and chieftain of his horse and armour. 

 (Glanvfle.) This render became first usual, then compulsory ; and at 

 an early period we find the ancient military gift sinking into the render 

 of the best animal (at the election of the lord) possessed by the tenant, 

 and sometimes a dead chattel, or a commutation in money. (Bracton, 

 Fleta; Coke-Littleton.) 



Heriots are either heriots-custom or heriots-service. Where a heriot 

 is due from the dying tenant by reason of his filling the character or 

 relation of tenant within a particular seigniory, honour, manor, or other 

 district, in which it has been usual from time immemorial to make 

 such renders upon death or alienation, it is called heriot-cujtom : heriot- 

 terrice is a heriot due in respect of the estate of the tenant in the par- 

 ticular land held by him. 



For heriot-cnstom the lord cannot distrain, because the duty arises 

 out of the character or relation of tenant sustained by the party within 

 the seigniory, ftc., in which the custom is found to exist, and not, as 

 in the case of heriot-service, in respect of the particular land holden. 

 As the selection of the best animal is however with the lord, he may 



ARTS AXD SCI. DIV. VOL. IV. 



determine his choice by an actual seizure, upon which the property in 

 the animal will vest in the lord by the mere act of seizing it. 



But for heriot-service the lord may either seize or distrain. He may 

 seize, because by this act of selection the property is vested in him ; 

 or he may distrain, because, the land being the debtor, the lord may, 

 by the coercion of a distress upon that land, compel the succeeding 

 tenant to deliver or procure the delivery of the heriot. 



Where the heriot-service has been created since the time of legal 

 memory, it is called a heriot by reservation, and sometimes a sitit-heriot : 

 if its origin go back beyond the limits of legal memory, it is called"a 

 heriot by tenure. 



Heriot-custom formerly prevailed very extensively in freehold lands, 

 but is now more commonly found in hinds of customary tenure, 

 whether copyholds, the conventionary estates in Cornwall, held under 

 the duke of Cornwall, the customary estates called customary freeholds 

 in the northern border counties, or lands in ancient demesne. 



Heriot-service may be reserved in respect of a freehold, or leasehold, 

 or a customary tenure ; but as, since the statutes of Quia Emptores 

 and Prerogative Regis, it is probable that no new sub-tenures in fee 

 have been created, and as it has not been usual to reserve heriots upon 

 gifts in tail, or upon the creation of freehold leases for lives, heriot- 

 service in modern times is generally found in connection with long 

 leasehold estates, where, in consequence of some restriction imposed 

 upon the exercise of the leasing power, or in token of respect for 

 ancient usages, this species of render has been retained. 



Heriots, whether heriots-service or heriots-custom, are multiplied 

 whenever the land subject thereto becomes divided amongst diHereut 

 tenants holding distinct parts of such lands iu severally. Where 

 therefore land is held subject to a heriot-service to be rendered at the 

 death of a tenant, if the tenant alien part of the land a distinct heriot 

 will be due upon the death of both the alienor and the alienee ; and if 

 such distinct heriots have in fact become due and have been rendered 

 or compounded for during the alienation (whereby the lord will have 

 obtained actual seisin of the several heriots), the liability to pay such 

 multiplied heriots will continue, even though all the laud should after- 

 wards be reunited, and vest again in the same person. Inattention to 

 these rules has caused some strange and contradictory decisions in the 

 courts of Westminster. (2 Nevile'and Mann, 798.) 



A distress for heriot-service must be taken upon the land in respect 

 of the tenure or upon the demise of which it is reserved ; and where 

 double or treble heriot has become payable by reason of alienation, the 

 liability attaches severally upon each of the severed portions of the 

 estate. All goods found upon the land, except such as are privileged 

 from distress [DISTRESS], may be taken as a distress for a heriot- 

 service, whether they belong to the tenant or to a stranger, such goods 

 being held merely as a pledge for the performance of the service. But 

 where a heriot-service is by the terms of the reservation commuted for 

 a money payment (or rather, where the reservation of a contingent 

 money payment is improperly designated a heriot), the reservation 

 will be in substance a rent ; and therefore the distress taken for this 

 reservation (so miscalled a heriot), if not redeemed by payment, or 

 replevied within five days after notice, may be sold as a distress for 

 rent under the provisions of 2 William and Mary, c. 5. 



Heriots were known in England before the complete development of 

 the feudal system which followed upon the Norman conquest. The 

 Normans introduced reliefs [RELIEF] without abolishing the analogous 

 heriot. The heregeate (heriot) is mentioned and fixed by the laws of 

 Canute, 67, &c. The Dano-Saxon ' heregeat * is derived by Spelman, 

 and after him by Wilkins, from herge (more properly here), army. It 

 means literally, " war-treasure," a contribution given to the lord to 

 enable him to carry on war. Originally it seems to have been a 

 poetical expression for the horse and armour which as before mentioned 

 were the chattels given in the earliest tunes by way of heriot. In 

 Scotland, where the render upon the death of the tenant is a pecuniary 

 payment, it is called " lord's money," " hergeld," or " herrezeld." 



HERMxE, terminal or pillar statues, placed in Greece and Rome at 

 the meeting of streets and roads, in front of houses, temples, and other 

 public places. They were termed Hermso from the head being usually 

 that of Hermes. The pillar on which the head was placed was mostly 

 quadrangular, the whole being the height of a man. Several of these 

 Henna; are in the British Museum. [TERMINUS.] 



HERMES, one of the twelve Olympian deities of the ancient Greeks, 

 known to the Romans as Mercurivx. According to Hesiod (' Theog.,' 

 942), he was the son of Zeus and Maia, the daughter of Atlas. The 

 attributes of this deity are numerous and of opposite kinds ; but it 

 appears probable that he was originally considered to preside over 

 Hocks and herds. Hesiod says (' Theog.,' 441) that the shepherds 

 address their prayers to him ; for which reason the statues of Hermes 

 are frequently represented with a ram by his side or on his shoulders. 

 (' Pausan.,' ii. 3, 4 ; v. 27, 5 ; ix. 22, 2. See also ' Iliad,' xix. 490-1.) 

 The phallic form, which distinguished the Hernia; at Athens (' Herod.,' 

 ii. 51), also appears to indicate that this god was considered to increase 

 the fruitfulness of the fields and cattle. Herodotus informs us (ii. 51) 

 that the Athenians were taught by the Pelasgians this manner of 

 representing the statues of Hermes ; and that the reasons for this 

 custom are explained in the Samothracian mysteries. Hermes was 

 represented in a similar manner at Cyllene in Elis. (' Pausan.', vi. 26, 3.) 

 This custom is also spoken of by Cicero (' De Nat. Deor.', iii. 22) and 



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