(compounded of three French words, "Pay faile," "I have failed"), a term in law, used for an oversight in pleading or other proceeding at law.

The showing of these defects or overights was formerly often practised by the counsel; and when the jury came into court in order to try the issue, they said, This inquest you ought not to take; and after verdict they would say to the court, To judgment you ought not to go. But several statutes have been made to avoid the delays occasioned by such suggestions; and a judgment is not to be stayed after verdict, for mistaking the Christian or surname of either of the parties, or in a sum of money, or in the day, month, year, &c., where the same are rightly named in any preceding record.

JEPTHATHAH, judge of Israel, and successor to Jair in the government of the people; was a native of Mizpeh, and the son of one Gilead by a harlot. This Gilead having married a lawful wife, and had children by her, these children drove Jephthah from his father's house, saying that he should not be heir with them. Jephthah retired into the land of Tob, and there he became captain of a band of thieves and such other people as he had picked up together. At that time, the Israelites beyond Jordan, seeing themselves pressed by the Ammonites, came to desire assistance from Jephthah; and that he would take upon him the command of them. Jephthah at first reproached them with the injustice which they had done him, or at least which they had not prevented, when he was forced from his father's house. But as these people were very earnest in their request, he told them, that he would succour them, provided that at the end of the war they would acknowledge him for their prince. This they consented to, and promised with an oath.