313 
H E I 
queen Chridina fpoke highly of his poems, he took a 
voyage to Sweden, where he was well received; and 
he made a journey through France and Italy, for the 
purpofe of purchufing manuferipts and medals for 
Chridina. The death of his father, in 1655, recalled 
him to Holland; and in the next year he was appointed 
fecretary to the city of Amderdam. In 1675 he retired,' 
and fpent the remainder of his life in literary leifure. 
He died at the Hague in 1681, and was interred in his 
father’s tomb at Leyden. He has the reputation of great 
. excellence in Latin poetry. His poems were many times 
printed: the bed edition is that of. Amderdam, 1666, 
3 2ino. His elegies, and his panegyric on queen Chriltina, 
are thought his bed works. He was the editor of two 
editions of Claudian, three of Ovid, and of Prudentius 
and Velleius Paterculus, with notes. After his death 
were publilhed his .notes upon Valerius Flaccus", Silius 
Italicus, Petronius, Phsedrus, Q. Curtins, Tibullus, 
and Tacitus. An edition of Virgil at Amderdam, in 
1746, contained his notes on that author, then fird pub¬ 
lilhed, His Latin letters, written with much purity, 
were publilhed by Burman in his colle&ion of Epifi. 
Viror. Erudit. Illujlr. and others, written to the learned 
Magliabe'cchi, appeared in 1745, publilhed byTargioni. 
His life was written by Burman. 
HEI'NUSE, f. A hunting term: a roebuck of the 
' fourth year. 
HEIN'ZENBERG, a mountainous diftridt of Swilfer- 
land, in the country of tiie Grifons, and one of the mod 
: beautiful and fertile in the country, full of corn-fields, 
meadows, fmall lakes, and foreds intermixed ; fituated 
to the fouth of the bilhopric of Coire. 
HEIR,/ - . [ heire , old Fr. hares, Lat.] In law, he who 
fucceeds by defeent to lands, tenements, and heredita¬ 
ments, being an edate of inheritance. The edate mud 
be fee, becaufe nothing can pafs jure hareditatis but fee ; 
and by the common-law a man cannot be heir to goods 
arid chattels: though the civilians call him haredem, 
qui ex teflamcnto fuccedit in univerfum jus tefiatoris. Heirs 
are included in the word afligns in grants, &c. If a 
woman keeps lands from the heir, on pretence of being' 
pregnant by the heir’s ancedor, her deceafed hulband, 
the writ de ventre infpiciendo is to be granted to fearch her, 
&c. that the heir be not defrauded. F. N. B. 227. But 
heirs may have divers writs, as writ of mortdancefier, entre 
ad communem legem, in cafu provifo, and confimili cafu, quod 
permittat, &c., The heir may alfo bring an ejectment of 
copyhold lands before admittance. 2 Wilf. 14.—Of the 
different kinds of heirs, the mod ufual divifion is, that 
of heir apparent, heir prefuihptive, heir general, heir 
fpeciai, heir by cudom, and heir by devife, called hares 
fablus. 
Heir apparent, giving bonds to pay double or treble 
the money lent, after his father’s death, are fet afide in 
equity; but modly by paying what was lent bona fide, 
with intered, if the obligor applies for relief; though 
in cafe the obligee fues, he fnail not recover what was 
really lent; for that would be to aflid fraud. 1 Vern. 141. 
Where young heirs enter into any bond, chancery re¬ 
lieves againd it, without evidence of adtual impofition; 
becaufe there is a fuppofed didrefs, and prefumption of 
a liablenefs to be impofed on. Barnardifi. 481. Therule 
upon which courts of equity in thele. cafes proceed, is 
not merely in refpedt of the age of the heir contracting. 
3 P'. Wins, 131. In Wifemanw. Beake, Mr.Wifeman was 
nearly forty years of age, and a proctor in the commons; 
in Curwyn v. Milner, the heir was about twenty-feven 
years of age; and in Gwynne v. Heaton, the plaintiff was 
twenty-three years old ; which, though not an advanced 
age, is beyond that which the law recogniles as the age 
of clifcretion. But the real object which therule pro- 
pofes is, to redrain the anticipation of expectancies, 
which mud from its very nature furnilh to defigning men 
an opportunity to praCtife upon the inexperience or paf- 
fions of a difiipated man. And this being the objeCt of 
Vol. IX. No. 587. 
H E I 
the rule, its operation is not confined to heirs, but ex¬ 
tends to all perfons, the preffure of whofe wants may be 
qonfidered as obdruCting the exercife of that judgment 
which might otherwife regulate their dealings. 2 Vern. 
346. Forrefi. hi. %_At% i.34. \Wilf.-ii.<). 
Heir general, or heir at common-law, is lie. who after 
his father or ancedor’s death hath a right to, and.is in¬ 
troduced into, all his lands, tenements, and heredita¬ 
ments. But he mud be of the whole blood, not a badard, 
alien, &c.- None but the heir general, according to the 
courfe of the common-law, can be heir to a warranty, 
or fue an appeal of the death of his anCedor. Co. Lit. 14 a. 
Cro. Jac. -217. If a condition be annexed to Borough- 
Englilh or Gavel-kind lands, and the condition is broken, 
the heir at common-law fhall enter; for the condition is 
a thing of new creation, and collateral to the land : bint 
when the elded fori enters, the heir or heirs by cudoni 
fhall enjoy the land ; for b.y breach of the condition the/ 
are redored to their ancient edates. Plow. 28. Co. Lit. 11, 
Special heir, is the ilfue in tail, claiming per formant 
doni; and as the datute de donis preferves the edate to 
him, his ancedor cannot grant or alien, nor make any 
rightful edate of freehold to another, but for term of 
his own life. Lit. 613. 
Heir by cufiom, mud be founded on ancient ufage. 
A cudom in particular places varying the rules of de¬ 
feent at common-law is good ; fuch is the cudom of 
gavelkind, by which all the foils fhall inherit and make 
but one heir to their ancedor ;• but the general cudom 
of gavel-kind lands extends to fons only ; yet a fpeciai 
cudom, that if one brother dies without ilfue, all his 
brothers may inherit, is gpod. Co. Lit. 140. 
Heir by devife, or hares faElus, is only a devifee of 
lands, bqing made fo by the will of the t.edator, and has' 
no other right or intered than the will giv.es him,- 3 Co. 
42. a. It has been held in chancery, that fuch an heir 
fhall have tjie aid of the perfonal edate in dilcharging 
the debts of the tedator. 1 Vern. 36. But this mud be 
underdood of an hares faclus of the whole edate, who 
fhall have the benefit of the perfonal edate, but a devifee 
of particular lands fhall not. 
The elded fon, after the death of his father, is at 
common-law his heir, arid if there be grandfather, father, 
and fon, and the father die before the grandfather, and 
after the grandfather die feifed ; the land fhall go to the 
fon or daughter of the father, and not to apy other chil¬ 
dren of the grandfather. Bro. 303. And this heir is 
called hares jure reprafentationis, becaufe he doth reprefent 
his father’s perfon : but if, in this cafe, the father die 
without any child ; his next elded brother fhall have the' 
land as Heir, or, for want of a brother, it defeends to the 
fitters of the father. A man having ilfue only a daugh¬ 
ter, dies, leaving his wife with child of a fon, which js 
afterwards born; here the fon after his birth is heir to 
the land, but till then the daughter is to have- it. 9 Hen. 
VI. 23. Perk., 521/ See the article Descent, vol. v. 
p.764. 
There are fome who cannot be heir; as one born out 
of lawful wedlock ; an alien; born out of the king’s 
allegiance, though in wedlock ; a man attainted of trea- 
fon or felony, whofe blood is corrupted ; thefe lad can¬ 
not be heirs propter delidum ; and an alien cannot be heir, 
propter defedum fubjeElionis ; nor may one made denizen by 
letters patent; though it is otherwife of a perfon natura¬ 
lized by a£t of parliament. Co. Lit. 8. A perfon born out 
of wedlock, by continuance, may be heir againd a 
dranger; and an hermaphrodite may be heir, and take 
according to that fex which is mod prevalent; but a 
monder, who hath not human fhape, cannot be heir, al¬ 
though a perfon deformed may. Co. Lit. 7. Ideots and 
lunatics, perfons excommunicate, attainted in premunire, 
outlaws in debt, &c. may be heirs. 2 Danv. 553. 
By the law of England, no perfon can take to himfelf 
an inheritance in fee-limple by deed, without the word 
heirs ;. but he may by devife: though in cafes where 
4 L the 
