KFLCC Kingdom Law 2nd Ed.

ARGUMENTUM A DIVISIONE

86

ARMIQER

drawn from things commonly happening Is frequent in law. Broom, Max. 44. Argnmentnm a divisions est fortissi mum in jure. An argument from division [of the subject] is of the greatest force in law. Co. Litt 2136; 6 Coke, 60. Argnmentnm a major! ad minus neg ative non valet; valet e converse An argument from the greater to the less Is of no force negatively; affirmatively it is. Jenk. Cent 281. Argnmentnm a simili valet in lege. An argument from a like case (from analogy) is good in law. Co. Litt. 191. Argnmentnm ab anctoritate est for tissimnm in lege. An argument from au thority is the strongest in the law. "The book cases are the best proof of what the law is." Co. Litt 254a. Argnmentnm ab impossibili valet in lege. An argument drawn from an impos sibility is forcible in law. Co. Litt. 92a. Argnmentnm ab inconvenient! est validnm in lege; qnia lex non permit tit aliquod inconveniens. An argument drawn from what is inconvenient is good in law, because the law will not permit any in convenience. Co. Litt. 66a, 258. Argnmentnm ab inconvenient! pluri mnm valet [est validnm] in lege. An argument drawn from inconvenience is of the greatest weight [is forcible] in law. Co. Litt. 66a, 97a, 1526, 2586; Broom, Max. 184. If there be in any deed or instrument equivocal expressions, and great inconven ience must necessarily follow from one con struction, it is strong to show that such con struction is not according to the true inten tion of the grantor; but where there is no equivocal expression in the instrument, and the words used admit only of one meaning, arguments of inconvenience prove only want of foresight in the grantor. 3 Madd. 540; 7 Taunt. 496. In feudal law. A fine for not setting out to join the army in obedi ence to the summons of the king. ARIERBAN, or ARRIERE-BAN. An edict of the ancient kings of France and Germany, commanding all their vassals, the noblesse, and the vassals' vassals, to enter the army, or forfeit their estates on refusal. Spelman. ARIMANNI. A mediaeval 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 ABIBANNUM.

being under the protection of their superiors. Military tenants holding lands from the em peror. Spelman. ARISTOCRACY. A government in which a class of men rules supreme. A form of government which is lodged In a council composed of select members or ndbles, without a monarch, and exclusive of the people. A privileged class of the people; nobles and dignitaries; people of wealth and sta tion. ARISTO-DEMOCRACY. A form of government where the power Is divided be tween the nobles and the people. ARLES. Earnest. Used in Yorkshire in the phrase "Aries-penny." Cowell. In Scot land it has the same signification. Bell. ARM OF THE SEA. A portion of the sea projecting inland, in which the tide ebbs and flows. 5 Coke, 107. An arm of the sea is considered as extend ing as far into the interior of a country as the water of fresh rivers is propelled back wards by the Ingress of the tide. Ang. Tide Waters, 73; Hubbard v. Hubbard, 8 N. Y. 196; Adams v. Pease, 2 Conn. 484; U. S. v. Grush, 5 Mason, 290, Fed. Cas. No. 15,268; Ex parte Byers (D. C.) 32 Fed. 404. ARM A. Lat. Arms; weapons, offensive and defensive; armor; arms or cognizances of families. — Anna Dare. To dub or make a knight.— Anna molnta. Sharp weapons that cut, in contradistinction to such as are blunt, which only break or bruise. Fleta, lib. 1, c. 33, par., 6.— Arma reversata. Reversed arms, a pun ishment for a traitor or felon. Cowell. Arma in armatos sumere jura sinnnt. The laws permit the taking up of arms against armed persons. 2 Inst 574. ARMATA VIS. In the civil law. Armed force. Dig. 43, 16, 3; Fleta, lib. 4, c. 4. ARMED. A vessel Is "armed" when she is fitted with a full armament for fighting purposes. She may be equipped for warlike purposes, without being "armed." By "arm ed" it is ordinarily meant that she has can non, but if she had a fighting crew, muskets, pistols, powder, shot, cutlasses, and boarding appliances, she might well be said to be equipped for warlike purposes, though not armed. 2 Hurl. & C. 537; Murray v. The Charming Betsy, 2 Cranch, 121, 2 L. Ed. 208. An armor-bearer; an es quire. A title of dignity belonging to gen tlemen authorized to bear arms. Cowell. In its earlier meaning, a servant who car ried the arms of a knight. Spelman. A tenant by scutage; a servant or valet; ARMIGER.