Legal Definitions - et habuit

Et habuit is a historical Latin phrase that translates to "and he had [it]." In the context of early English law, particularly within the *Year Books* (collections of legal reports from the 13th to 16th centuries), this phrase was a concise way to record that a party's application, request, or demand made to the court was granted or approved.

It essentially signified that the litigant's petition was successful, and the court acceded to what they had asked for.

• Example 1: Granting a Specific Legal Action

  Imagine a medieval farmer, John, whose cattle were seized by a rival lord without proper cause. John might petition the court for a specific legal remedy, such as a writ of *replevin*, which would order the return of his livestock. If the court reviewed his plea and agreed that the writ should be issued, the legal record of the proceedings might simply state that John's application for the writ was made, "et habuit." This notation would confirm that the court granted his request to initiate that particular legal action.

• Example 2: Approving a Procedural Request

  Consider a defendant, Lady Margaret, who was facing a lawsuit and needed more time to gather her witnesses and prepare her defense. She might formally request an adjournment (a postponement) of the trial from the presiding judge. If the judge considered her reasons valid and allowed the delay, the court's clerk might record that Lady Margaret's request for an adjournment was presented, "et habuit." This would indicate that her procedural request for more time was granted.

• Example 3: Upholding a Claim or Demand

  Suppose a guild master, Thomas, brought a claim against an apprentice for breach of contract, demanding a specific sum of money as compensation for damages. After hearing both sides, if the court ruled in favor of Thomas and ordered the apprentice to pay the demanded sum, the legal record could note Thomas's demand for compensation, "et habuit." This phrase would signify that his claim for monetary compensation was upheld and granted by the court.