HADERUNGA

4 definitions found across Law Mind sources

HADERUNGAAuthored
The Law Mind • 606 words
Definition
In old English and Anglo-Saxon law, haderunga denoted hatred, ill will, prejudice, or partiality — specifically the kind of personal bias or animosity that could corrupt judgment or undermine impartial administration of law. The term appears in early English legal records as a descriptive concept identifying the taint of personal enmity or favoritism in legal proceedings or decision-making.
Why It Matters in Research
Haderunga is a term of Anglo-Saxon legal vocabulary that surfaces almost exclusively in early medieval English legal sources and in the historical dictionaries that drew on them. Researchers encountering the word in primary sources should understand it as a term of art identifying disqualifying bias — the conceptual ancestor of modern recusal doctrine and impartiality requirements — rather than a procedural device with defined legal consequences in the common law tradition. The term does not carry forward into modern law under this name. Researchers tracing the history of judicial impartiality, conflict of interest, or bias doctrines may find haderunga useful as a conceptual reference point in early English law, but should not expect to find it in post-medieval case law or statutes. Its appearance in 19th-century legal dictionaries reflects those dictionaries' comprehensive treatment of historical and civilian vocabulary rather than any ongoing legal use. A practical trap: Burrill's entry runs haderunga together with adjacent headwords (hæredes, hæredes necessarii) in a compressed typographical format common to 19th-century legal dictionaries. Researchers working from digitized or microfilmed versions of Burrill should confirm which definition belongs to which headword, as the layout can create ambiguity. The authorities cited consistently across all five source dictionaries — Spelman and Cowell — are Henry Spelman's Glossarium Archaiologicum and John Cowell's The Interpreter, both foundational glossaries of archaic English legal terms. Rapalje & Lawrence also references the Laws of Ethelred (LL. Ethelred), placing the term in early English royal legislation. These are the appropriate primary sources for a researcher seeking the term in context.
Historical Dictionary Support
All five source dictionaries converge on substantially the same definition: hatred, ill will, prejudice, or partiality. The agreement is unsurprising, as all trace back to the same two authorities — Spelman and Cowell. Burrill's entry is the most expansive, citing the Laws of Ethelred as a source and situating the term in its Anglo-Saxon legal context with the notation "L. Lat. and Sax." (Law Latin and Saxon), which is accurate: haderunga is a Latinized form of an Anglo-Saxon root. Bouvier's is the most spare, providing only the core definition without elaboration. Black's (both editions) adds the qualifier "in old English law," appropriately signaling that the term had no living legal application at the time of publication. Rapalje & Lawrence render the concept slightly differently, emphasizing "respect of persons" and "partiality" — framing haderunga as favoritism toward a party rather than animosity against one. This is a meaningful nuance: the term encompassed both poles of bias, enmity and favoritism alike, and researchers should not read it as covering only hostile prejudice. None of the historical dictionaries provide extended treatment, case illustrations, or procedural context. The term is preserved in these sources as a vocabulary artifact rather than an operational legal concept.
Jurisdictional Note
Haderunga is specific to early English legal history and has no recognized analog in American, Scottish, or continental legal vocabulary. Comparative researchers working in other common law traditions will find no direct equivalent under this name.
Related Terms
Prejudice — Partiality — Bias — Recusal — Disqualification — Impartiality — Cowell (The Interpreter) — Spelman (Glossarium Archaiologicum) — Anglo-Saxon law — Judicial disqualification
HADERUNGAmain
Black's Law Dictionary • 1891
Hatred; ill will; preju- dice, or partiality. Spelman; Cowell.
HADERUNGAmain
Rapalje & Lawrence • 1888
-Respect of persons; parafter his aditio was liable to the full extent of tiality.-Cowell.
HADERUNGAmain
Burrill's Law Dictionary • 1870
L. Lat. and Sax. Hatred; ill-will; prejudice, or partiality. LL. Ethelred. Spelman. Cowell. not finally determine all. Stiernh. de Jur. Goth. 1. 1, c. 2. 4 Bl. Com. 274. HÆREDES, Heredes. Lat. (pl. of Heres, q. v.) Heirs. Bract. fol. 17, 20 b. HÆREDES NECESSARII. Lat. In the civil law. Necessary heirs; a term applied to the slaves of a testator. A slave made heir by his master was called necessarius hæres, because, whether he would or not, (sive velit sive nolit,) he became, immediately after the death of the testator, absolutely free and a necessary heir. Inst. 2. 19.1. Heinecc. Elem. Jur. Civ. lib. 2, tit. 19, § 587. HÆREDES SUI ET NECESSARII. Lat. In the civil law. One's own (or proper) and necessary heirs. A term applied to the sons, daughters, grandsons or grand-daughters by a son or other direct descendants of a party deceased. Inst. 2. 19. 2. Called sui, because they were domestic, and even during the life of the father were considered, in a certain sense, owners of the estate, (quodammodo domini existimantur.) Id. ibid. And called necessarii, because they became heirs by the operation of law, (The Twelve Tables,) whether they would or not, as well in case of intestacy as where there was a will. Id. ibid. Heinecc. Elem. Jur. Civ. lib. 2, tit. 19, § 588. See Sui hæredes. HÆREDES EXTRANEI. Lat. In the civil law. Extraneous, strange or foreign heirs; those who were not subject to the power of the testator. Inst. 2. 19.3. HÆREDIPETA. Lat. In old English law. The next heir to lands. LL. Hen. HÆC. Lat. This; these. Hæc sunt instituta quæ Edgarus rex consilio sapientum suorum instituit; these are the estabI. c. 70. Properly, one who endeavored lishments which King Edgar, with the adto get the good will of others, in order to HÆR

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