HER 
of both fpecies of tenants, which he obferves, magisjit 
de gratia quant dejure ; in which Fleta and Britton agree : 
thereby plainly intimating the original of this cufiora 
to have been merely voluntary, as a legacy from the 
tenant, though now the immemorial ufage has efta- 
blifhed it as of right in the lord. Braff. 2. c. 36. Fleta 3. 
C. 18. Britton, c. 69. 
By the prefent eftabliflied law, a heriot is always a 
perfonal chattel, which immediately on the death of 
the tenant who was the owner of it, being afcertained 
by the option of the lord, becomes veiled in him as his 
property; and is no charge upon the lands, but merely 
on the goods and chattels. Hob. "60. The tenant mull 
be the owner of it, elfeit cannot be due; and therefore 
on the death of a feme-covert no heriot can be taken ; for 
the can have no ownerlhip on things perfonal. Keilw. 84. 
4 Leon. 239. In fome places there is a cultomary com- 
pofition in money, as ten Ihillings or twenty Ihillings, in 
lieu of a heriot, by which the lord and tenant are both 
bound, if .it be an indifputable ancient cultom; but a 
new compofilion of this fort will not bind the repre- 
fentatives of either party; for that amounts to the 
creation of a new cultom, which is now importable. 
See 2 Comm. 422-4. c. 28. 
Heriot-fervice is payable on the death of tenant in 
fee-fimple; and heriot-cultom upon the death of tenant 
for life. Co. Lit. 185. If a heriot is referved upon a 
leafe, it is heriot-fervice, and incident to the reverlion. 
Lutzo. 1366, 7. For a heriot goes with the reverfion, as 
well as rent; and the grantee of the reverfion lhall have 
it. 2 Saund. 1 66. But although a heriot referved upon 
a leafe is called heriot-fervice, yet it is not like the cafe 
where a man holds land by the fervice of paying a 
heriot, &c. becaufe, where a heriot is referved on leafe, 
the proper remedy is either a diltrefs, or action of cove¬ 
nant grounded on the contrail, for the leffor cannot 
feize, as the lord of a manor may do, the bealt of his 
tenant who holds of him by heriot-fervice. Keilw. 82, 84. 
There may be a covenant in leafes for lives, &c. to 
render the bell bealt, or fo much money for a heriot, at 
at the election of the lelfor; in which cafe the lelfor 
mult give notice which he will accept, before aCtion 
may be brought for it, or a diltrefs taken, See:' 2 Lill. 
Abr. 19. For heriot-fervice, the lord may diftrain any 
bealt belonging-to the tenant on the land: a!fo it has 
been held, that the lord may diftrain any man’s beads 
which are upon the land, and retain them until the heriot 
jsfatisfied. Co. Lit. 185. Litt.Rep. 33. And if the tenant 
devifeth away all his goods, &c. yet the lord lhall take 
his heriot on the death of the tenant.' Stat. 13 Eliz. c. 5. 
For heriot-cuftom, the lord may feize, but not dillrain.; 
and he may feize the belt bead, &c. though out of the 
manor, or in the king’s highway, becaufe he claims it as 
his proper goods, by the death of the tenant, which he 
may feize in any place where he finds it. Jnjl. 132. 2 Nelf. 
Abr. 931. Plowd. 96. And this liberty mult be annexed 
to ancient tenures, on which the lords had many privi¬ 
leges, and not to be extended to thofe which are created 
Within time of memory, upon particular refervations. 
1 Show. 81. 3 Mod. 231. 
HERISAU', a town of Swiflerland, in the canton of 
Appenzell, laid to have been known to the Romans; 
andthefirlt place in Swilferland which embraced Chrifti- 
anity. The inhabitants manufacture linen and muflins, 
remarkable for their finenefs: leven miles fouth-welt 
of St. Gall, and ten north-welt of Appenzell. 
HERISSO'N, a town of France, in the department of 
the Allier, and chief place of a canton, in the diftriCt of 
Cerillytwo leagues fouth-weft of Cerilly, and five 
north-weft of Montmarault. 
HERISSO'N, f. in fortification, abeam armed with 
iron fpikes, having their points turned outward. It is 
fupported in the middle by a Hake, having a pivot on 
which it turns; and lerves as a barrier to block up a 
paffage. Hen lions are frequently placed before gates. 
HER SOQ 
efpecially the polterns of a town or fortrefs, to fecure 
thofe paffages which mult of neceflity be often opened. 
HER'ISTAL. See Herstal. 
HERITABLE, adj. [ haret, Lat.] A perfon that may 
inherit whatever may be inherited.—By the canon-law 
thisfon lhall be legitimate and heritable, according to the 
laws of England. Hale. 
HER'ITAGE, f. [ heritage, Fr.] Inheritance ; eftate 
devolved by fuccellion; eltate in general.—The wife 
man confiders that his proper home and heritage is in 
another w'orld, and therefore regards the events of this 
with the indifference of a guelt that tarries but a day. 
Rogers .—In divinity; the people of God .—.0 Lord, fave' 
thy people, and blefs thine heritage. Common Prayer. 
HERITIE'RA, f. [fo named in honour of Charles - 
Louis VHeritier .] I n botany, a genus of the clafs monoecin,. 
order monadelphia, (fyngenelia, Schreber.) The generic 
characters are—I. Male flowers fmaller than the females. 
Calyx: perianthiufnone-leafed,bell-lhaped,five-toothed. 
Corolla: none. Stamina: in the centre of the calyx, 
columnar, conic-fubulate, below the tip furrounded by 
antherae (five to ten), minute, united into a cylinder.—■ 
II. Female flowers in the fame panicle with the males. 
Calyx: as in the males. Corolla : none. Stamina: fila¬ 
ments none; antherae ten, inferted into the receptacle at 
the bafe of the germs, two between each, twin, minute-, 
perhaps barren. Piltillum: germs five, femi-ovate, cofn- 
preffed, fmooth; Ityles conical, lliort, in flowering-time 
cohering at the tip ; lligmas club-fhaped. Pericarpium: 
drupes juicelefs, fpreading very much, oval, flattilh 
above, convex underneath, keeled and winged, one- 
celled. Seeds: folitary, fubglobular, large. Thischa- 
raCter is formed from dried fpecimens, compared with 
Koenig’s manufeript deferiptions, made from living 
plants on the fpot .—EJfential Char abler. Calyx five-toothed; 
corolla none. "Male. Antherae ten, without filaments 
Female. Germs five; drupes with one fubglobular feed. 
Heritiera littoralis, or lookmg-glafs plant, a Angle 
fpecies. It is a tree with alternate, oval-oblong, obtufe, 
perennial, thick, veined, fmooth, quite entire, petioled, 
leaves. Native of the Eaft India iflunds ; found at 
Ceylon by Koenig, and at Pulo Condore by Mr. David 
Nelfon. Introduced in 1780, by fir Jofeph Banks, bait. 
HERK, a town of Germany, in Weftphalia, and 
bifhopric of Liege: twenty miles north-weft of Liege. 
Lat. 50 55. N. Ion. 22. 40. E. Ferro. 
HER'KEMER, a county of New-York, divided into 
twenty townfhips, viz. German Flats, Warren, Frank¬ 
fort and Litchfield, formed out of German Flats in 
February 1796. Herkemer, Fairfield and Norway, 
formed out of Fairfield, February 1796. Schuyler. The 
following were comprehended originally in Whiteftown, 
viz. Paris, Sangerfield, Hamilton, Sherburn, Brookfield, 
Cazenovia, Weftmoreland, Mexico, R@me, Steuben, 
and Floyd. By the ftate cenfus of 1796 this county 
contains 25,573 inhabitants, of whom 4161 are electors. 
It is bounded north by part of Lower Canada and the 
river St. Laurence ; north-weft; by the eaft end of Lake 
Ontario, and the river St. Laurence; fouth by Otfego 
county ; eaft by Clinton, and part of Wafhington County. 
HER'KEMER, a town of the American States, in 
the above-mentioned county, fituated on the north fide 
of Mohawk river. The townfhip includes the Little 
German Flats, and the celebrated plain called German 
Flats; with a court-houfe, gaol, add a Dutch church. 
It is eighty miles north-weft by weft of Albany,-fixteen 
fouth-eaft of old Fort Schuyler, and twenty in a like 
direction from Whiteftown. The townfhip is named in 
honour of general Hei kenter, who was mortally wounded 
in the 1 American war. It contained in 1796, by the 
ftate cenfus, 2073 inhabitants;, of whom 338 were, 
electors. 
HER'KENRODE, a town of Germany, in Weft¬ 
phalia, and bifhopric of Liege; two miles weft ot HalTelt» 
HER'KLA, or HKiuctEA, a town of Africa, in the 
J kingdojtv 
