Page:Black's Law Dictionary (Second Edition).djvu/94

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ARGUMENTUM A DIVISIONE

drawn from things commonly happening is treqnent in law. Broom. Max. 44.

Ax-gumentum 3 div-isione out fox-tissimum in jux-e. An argument from division [of the subject] is of the greatest force in law. Co. Litt. 213b; 6 Coke, 60.

Argnmentum 3 major! ad minus negntive non valet; valet e converse. An argument from the greater to the less is of no force negatively; affirmatively it is. Jeni; Cent 281.

A1-gumentum a nimili valet in lege. An argument from a like case (from analogy) is good in law. Co. Litt. 191.

Argumentum ab nuxztox-itnte est fortissimum in lege. An argument from authority is the strongest in the law. “The book cases are the hest proof of what the iaw is." Co. Lltt. 25411.

Argumentum ab ilnpnnsibili valet in lege. An argument drawn from an impossibility is forcible in law. Co. Lltt. 9211.

Argumentum ab inconvenienti est vnlidum in lege; quia. lex non permittit aliquod inoonveniens. An argument drawn from what is inconvenient is good in law, because the law will not permit any icnonvenience. Co. Lltt. 6611, 258.

Atgumentum ab inconvenienti plu:rimum valet [est validum] in lege. An argument drawn from inconvenience is of the greatest weight [is forcible] in law. Co. Litt. (Elia, 97a, 1521), 2581); Broom, Max. 184. If there he in any deed or instrument equivocal expressions, and great inconven- ience must necessarily follow from one construction, it is strong to show that such construction is not fiCL0l'(lllig‘ to the true intention of the grautor; but where there is no equivocal expression in the instrument, and the words used admit only of one meaning. arguments of Lnconvenieuce prove only want of foresight in the grantor. 3 Madd. 5-10; 7 Taunt. 496.

{{anchor+|.|ARIBANNIIM. In feudal law. A fine for not setting out to jnin the army in obedi- ence to the summons of the king.

AIRIERBAN, or ARRIERE-BAN. An edict of the ancient kings of France and Germany. commanding all their vussals, the nohlesse, and the vassals' vassals. to enter the army, or forfeit their estates on refusal. Spelman.

{{anchor+|.|ARIMANNI. A modiaeval term for a class of agricultural owners of small allodial farms, which they cultivated in connection with larger farms belonging to their lords. paying rent and service for the latter, and

86 ARMIGEB

being under the protection of their superiors. Military tenants holding lands from the emperor. Spelmau.

{{anchor+|.|ARISTOGRAGY. A government in which E. class of men rules supreme

A form of government which is lodged in a council composed of select members or nobles, without a monarch, and exclusive of the people.

A privileged class of the people: nobles and diguimries; people of wealth and station.

{{anchor+|.|ABJSTO-DEMOCRACY. A form of government where the power is divided between the nobies and the people.

{{anchor+|.|ARLI-IS. Earnest. Used in Yorkshire in the phrase "Aries-penny." Cowell. In Sect- land it has the same signification. Bell.

{{anchor+|.|ARM 0}‘ THE SEA. A portion of the sea projecting inland. in which the tide ellbs and tious. 5 Coke, 107.

An arm of the sea is considered as extending as far into the interior of a country as the water of fresh rivers is propelled hack- wnrds by the ingress of the tide. Aug. Tide Waters. 73: Hubbard v. Hubbard, 8 N. Y. I96: Adams v. Pense. 2 Conn. 484; U. S. V Grnsh. 5 .Vi'1snn, 290, Fed. Cas. No. 15,268; Ex parte Bycxs (D. C.) 32 Fed. 404.

{{anchor+|.|ARMA. Lat. Arms; weapons, offensive and defensiie; armor; arms or coguizances of families —A1-ma Date. To duh or make a knight.- Arma moluta. Sllurp neapons that cut. in Conlrailistinction to S|J(‘lI as are blunt, which only break or bruise. Fir-tn. lib. 1. c. 33, par 6.—Anna reversata. llcvcrsrd arms, a pun- ishment for a tmitor or felon. Cowell.

Arms in annatos sumera jute. sinnnt. The laws permit the taking up of arms against armed persons. 2 inst. 57-1.

{{anchor+|.|ARMATA 1715. In the civil luw. Armed force. Dig. 43. 16, 3; Fleta, lib. 4, C. 4.

{{anchor+|.|ARMED. A vessel is “arnie(l" when she is fitted with :1 full armament for fighting purposes. She may be equipped for warlike purposes, without being “ar|ned." By “arm- cd" it is ordinarily meant that she has cau- DOll, but if she had a lighting crew, muskets. pistols, powder. shot, cutiasses, and iioardiug appliances. she might well be said to be equipped for warlike purposes, though not armed. 2 Flurl. & C. 537; Murray v. The Clmrmtng Betsy. 2 Crunch, 121. 2 L. Ed. 208.

{{anchor+|.|ARMIG]-ZR. An armor-bearer; an es- quirc. A title of dignity belonging to gentlemen anthorized to bear arms. Cowell.

In its earlier meaning, a servant who carried the arms of a knight. Spelman.

A tenant by scntage; a servant or valet;