owne Child Attainders which give Escheat Attainder by Verdict Confession Outlawry Abjuration but upon either of them judgment must be given Forfeiture of Goods and Chattels Going beyond the Sea without license Exigent awarded in Felony though he yeild his body thereupon Clergy in Felony standing mute in Felony Felo de se Flying for Felony though he returne and be tryed and found not guilty These bring a forfeiture of all a mans Goods and Chattels as well reall as personall Attainder to what time it shal relate for the forfeiture of Lands and Goods Forfeiture He that is attainted of Felony by Verdict Confession or Outlawry doth forfeit all the Lands he had at the time of the offence committed so that he can do no Act afterward to encumber the Land If Tenant in taile be attainted of high Treason he shall forfeit for no longer time then for his owne life If a man have an Estate for life of himselfe or of another do commit Treason or Felony the whole Estate is forfeited to the King but no escheat to the Lord. But a Copyhold of Fees as for life is forfeited to the Lord and not to the Crowne and if it be entailed Forfeiture by a Copy-holder the Lord is to have it during the life of the Offender and then his Heire is to have it A man attainted may purchase Pardon Corruption of blood but it shall be to the Kings use untill the party be pardoned yet the pardon giveth not back their Lands or Goods without a speciall Patent of Restitution which cannot restore the blood without an Act of Parliament So if a man hath a Son and then is attainted of Felony and pardoned and then purchaseth Land and then hath issue another Son and dieth the Son he had before the pardon though he be his eldest Son and the Patent have words of restitution to his Lands yet he shall not inherit them but the second Son shall inherit them because the blood is corrupted by the Attainder and cannot be restored by Patent alone but by Act of Parliament And if a man hath two Sonnes Where a man shall be said to dye without Heire although he have one and the eldest is attainted in the life of his Father and dieth without issue living the Father the second Son shall inherite the Fathers Lands but if the eldest Son have any Issue though he dye in the life of his Father then neither the second Son nor the Issue of the eldest shall inherit the Fathers Land but the Father shall be there accounted to dye without Heire and the Land shall escheat whether the eldest Son hath issue or not though he be pardoned after the death of his Father Note that the Heires procreate after the Attainder shall not inherite the Lands of his Father nor of his Mother But the Heires begotten before the Attainder shall inherit the Lands of that Father and of that Mother which was not attainted but the Lands of his Father attainted or of his Mother which is attainted he shall not inherit although the King hath pardoned the Attainder The operation and effect of a pardon For a pardon doth but onely cleare the corruption of the bloud of these children which be borne after the pardon and so to make them capeable to inherit such lands which their Ancestor shall purchase at the time of the pardon or any time after but not to inherit such lands as the Ancestor was seised of before nor to purge the bloud of those children begotten before the pardon as to make them inheritable to any Ancestor Alien and Denizen A man seised of lands in Fee hath issue an Alien borne out of the Kings Leigeance he cannot be heire Propter defectum subjectionis though he be born within lawfull marriage if made Denizen by the Kings Letters patents yet cannot he inherit to his father or any other but otherwise it is if he be naturalized by act of Parliament for then he is not accounted in law Alienigena but Indigena but after one is made Denizen the issue that hee hath afterwards shall be heire to him but no issue that he had before If an Alien come into England and hath issue two sons these two sons Indigenae subjects borne because borne within the Realme and yet if one of them purchase land in Fee and dieth without issue his brother shall not be his heire for there was never any inheritable bloud between the Father and them and where the sons by no possibility can be heire to the Father the one of them shall not be heire to the other An Alien that is naturalized by Act of Parliament is to all intents and purposes as a naturall born subject differs much from denization by Letters patents for if he had issue in England before his denization that issue is not inheritable to his father but if his father be naturalized by Parliament such issue shall inherit so if an issue of an English man be born beyond Sea if the issue be naturalized by act of Parliament he shall inherit his fathers land but if he be made denizen by Letters Patents he shall not and many other differences there are between them An Alien borne out of the Kings leigeance his ancestors not being of the faith and leigeance of England is neither heire to inherit nor to purchase within this realme yet the Lord shall not have the escheate because he died without heire but the King which is the supreame head and the supreame person shall have this Land by the common Law But an Alien borne out of the Realme and within the Legiance of the King his Father and Mother being then and all their live of the legiance of the King shall inherit by the common Law Infants borne out of the Kings legiance the father and mother at the time of the birth being leigemen of England shall inherit by the Statute of 25 E. 3. so that the mothers of the children pass the Sea with the husbands leave and consent this statute extendeth all to children whose fathers and mothers were dwelling in England If an Alien marry here an english woman and hath issue this issue shall inherit to the wife the same law where the husband an English-man marry a woman that is an Alien and hath issue he shall inherit his father All which said trusts every one of them the said A. B. C. D. for himselfe severally and respectively Covenant severall no joynt covenant and for his severall and respective heire Executors and Administrators for as much as shall concerne him or them and his or their said heires Executors or Administrators c. doth covenant c. And the said A. B. C. D. do severally and respectively that is to say either of them for himselfe and by himselfe his severall heires Executor When Covenants are severall they are as severall Deeds written in one Parchment Coke 5. part fo 23.
THE LAW OF CONVEYANCES SHEWING The Natures Kinds and Effects of all manner of Assurances with the manner of their several executions and operations ALSO Directions to Sue out and Prosecute all manner of Writs of Extent Elegit and Judiciall Writs upon Statutes Recognizances Judgments c. A Warrant to Summon a Court of Survey And the Articles to be given in Charge and Inquired of in that Court With an Exposition of diverse obscure Words and Termes of Law used in Ancient Records c. AND ALSO Plaine Decimall Tables whereby may be found the true Values of Lands Leases and Estates in Possession or Reversion With a Concordance of Years c. By JOHN HERNE Gent. LONDON Printed by T. R. for Hen. Twyford and Tho. Dring and are to be sold at their Shops in Vine Court Middle Temple and at the George in Fleetstreet neer Cliffords Inne 1656. TO THE READER Courteous Reader THIS Tract for the drawing and right managing of all the Essentiall and Accidentall parts of the Laws touching Conveyances and Assurances which before lay diffusedly in the Books of Law in large Volumes are here now methodically handled being Composed by a very eminent Lawyer and Great Conveyancer in the City of London lately deceased which coming into my hands and being by men of good judgement held to be of excellent use I was perswaded to make the same publick for the Generall good which I have done accordingly And for the further advantage of those that desire knowledge in Records and in Buying and Selling Land c. I have added an Exposition of many obscure and abstruce words used in the Book of Doomsday and in other ancient Records Charters and Writings And likewise very exact Decimall Tables wherby the value of Lands sold or let in Possession or Reversion may easily be knowne And also a Concordance of years from King William the Conqueror to this present time in which the yeare of our Lord and the yeare of the Reigne of each King are plainly set down I doubt not but this peice will be of much use and little Charge which is the onely desire and end of J. H. THE LAW OF CONVEIANCES OR A perfect explanation of all the essentiall and accedentall parts of all sorts of instruments for the conveying of all things whether corporall or incorporall and what words actions and circumstances are required by Law thereunto THe Office of the Premises of the Deed is to expresse the Grantor Grantee Premises and the thing to be granted The Office of the Habendum is to limit the Estate and to explane the Premises Habendum And his Office is to give to enlarge and to be persuing to the Estate contained in the Premises of the Deed but his Office is not to be repugnant contrary lesser nor to exclude any of the interest before given in the Premisses for if it so doth the estate precedent given shall stand and the habendum shall be voide As if a Feoffment be made to one and his heires by the Premises of the deed Habendum to him and his heires during the life of I. S. Or if a Feoffment be made to one and his heires by the Premises of the Deed Habendum to the lessee for terme of his life those words of limitation during the life of I. S. or during the life of Tenant for life are void words for that the Habendum is repugnant to the Premises vide Lo. Cokes 2. Reports Baldwins Case Fol. twenty three touching repugnancy between the Premises and the habendum Sometimes the habendum doth controll and qualifie the generall implication of the estate which passeth by construction of Law by the Premises of the Deed as for example A Lease to two habendum to one for life the remainder to the other for life this limitation doth alter the generall implication of the joyntenancy which would have been without the habendum and therefore the habendum voide in that the Premises doth make them joynttenants the habendum would sever the joynter and make the one to have the whole during his life and the other the whole after him Plowden fo 133. vide Sir Ed. Coke 2. Par. fo 55. Buchlers case such a remainder is good And if two acres bee given to two habendum the one acre to one and the other to the other that is a voide habendum because it excludeth the interest of the one in the one acre and of the other in the other acre where the Premises of the deed hath made them joynt-tenants of every parcell Remainders Every remainder ought to have these severall properties and things following as Notes and Rules to discerne and know when remainders are good But note that where a remainder is once well raised by the Livery and Seisin though the perticular estate be afterwards avoided by condition in Law as by a recovery in wast or if a Feme Tenant for life disagree to the Livery after the death of her husband c. Yet he to whom the remainder is limited shall be Tenant in taile in remainder vi 1. part Shellies case fol. 101. good cases upon this An estate precedent made at the same time the remainder doth commence As if the lessor confirme the estate of his Lessee for yeares the remainder in Fee this remainder is void because the estate for yeares was made before the remainder and not at the time of the remainder If the lessor disseise his Tenant for life and then makes a new Lease to him for life the remainder in in Fee that remainder is void because the Tenant for life is remitted to the estate which was made long time before the remainder appointed so the estate precedent was not made at the same time of the remainder and therefore the remainder void So if the heire endow his mother the remainder in Fee this remainder is void though Livery and Sesin be made to the mother because the dowre hath relation to the death of her husband and so for that the estate precedent was not made when the remainder was appointed the remainder is voide The perticular estate must continue when the remainder shall vest and the remainder must commence in possession at the very time the perticular estate endeth as well in Wills as in the grants for there may not a meane time between them As if one make a Lease for life and that a day after the death of Tenant for life it shall remaine over this remainder is void because the first estate is determined before the appointment of the remainder So if one make a Leese for life upon condition that if he doth not such an Act that his estate shall cease and that then it remain over in Fee this remainder is void because it doth not vest during the estate precedent The remainder must be out of the lessor executed or executory at the time of the Livery and seasin made and at the time of the possession taken by
go according to those agreements nature and reason allowing those provisions which equity and honesty is the use and the use being created in this sort the statute of 27 H. 8. containeth the estates of the Land as the use is appointed and so this covenant to stand seised to uses is at this day a conveyance of land and with this difference from a bargaine and sale in that this needs no inrolement nor needeth not to be a writing indented as a bargain and sale must and if the party to whose use he agreeth to stand seised of the land be not wife or Child Cosin or one that hee meaneth to marry then will no use arise and so no conveyance Vpon a fine Feoffement or recovery a man may limit the use to whom he will without consideration of bloud or money otherwise in a bargaine and sale or Covenant for although the law alloweth such weighty considerations of marriage and bloud to raise uses yet doth it not admit so trifling considerations as of acquaintance Schooling service or the like but where a man maketh an estate of his land to others by Fine Feoffment or Recovery he may then appoint the use to whom he listeth without respect of marriage kindred money or other thing it is not so when he maketh an Estate but agreeth to stand seised nor when he hath taken any thing as in the cases of Bargaine and Sale and Covenant to stand seised to Uses The last of the six conveyances is a Will in writing which course of conveyance was first ordained by the statute of 32 H. 8. before which statute no man might give land by will except it were in a Burrowgh-Towne where there was a speciall custome that men might give their lands by Will as in Lond. and many other places In what manner the statute of 32. H. 8. giveth power to dispose of lands by Wil. By the Statute of 32 H 8. a man may give lands by will in this sort first it must be by Will in writing Secondly he must be seised of an estate in Fee-simple for tenant for another mans life or tenant in taile cannot give lands by Will by that statute If a man be seised of Capite Lands and Socage he cannot devise but two parts of the whole Thirdly he must be solely seised and not jointly with another and then being thus seised for all the Land he holdeth in socage being tenure he may give it by the Will except he holdeth any peece of Land in capite by Knights service of the King and laying all his lands together he can give but two parts by will for the third part of the whole aswell in socage as in capite must discend to the heire to answer Wardship Livery and Primmer seisin to the Crowne And so if he hold Lands by Knights service of a subject he can devise but two parts of his Lands and the Lord by Wardship and the heire by discent is to hold A conveyance by devise of Capite Lands to the wife for her Joyner or to his Children for their good or to pay debt is void for a third part by 32 H. 8. And if a man that hath three Acres of Land holden in capite by Knights service do make a Jointure to his wise of one and convey another to any of his children or to friends to take the profits to pay his debts or Legacies or daughters portions then the third Acre or any part therof he cannot give by Will but must suffer it to descend to the heir and that must satisfie Wardship Yet a man having three acres as before may convey all to his wife and children by conveyance in his life time as by Feoffment Fine Recovery Bargaine and Sale or Covenant to stand seised to Uses and to disinherit the Heire but if the Heire be within age when the Father dieth the King or other Lord shal have that Heire in VVard and shall have one of the three acres during the VVardship to sue Livery and primer Seisin But at full age the Heire shall have no part of it but it shall go according to the conveyance made by the Father It hath been debated how the Thirds shall be set forth for it is the use The King nor Lord can intermeddle if a full third part be left to descend to the heir Entailed lands part of the Thirds that all lands which the Father leaveth to descend to the Heire being Fee-simples or in taile must be part of the Thirds and if it be a full Third then the King nor Heire nor Land can intermeddle with the rest if it be not a full Third yet they must take it so much as it is and have a supply out of the rest This supply is thus to be taken if it be the Kings VVard then by a Commission out of the Court of VVards whereupon a Jury upon Oath may set downe so much as shall make up the Thirds except the Officers of the Court of VVards can otherwise agree with the parties if there be no VVardship due to the King then the other Lord is to have a supply by a Commission out of the Chancery and a Jury thereupon But in all the Cases these Statutes do give power to him that maketh the VVill The Statute giveth power to the Testator to set out the Thirds himselfe and if it be not a third part yet the King or Lord must take that in part and have a supply out of the rest to set forth and appoint of himselfe which lands shall go for the Thirds and neither King nor Lord can refuse it and if it be not enough yet they must take that in part and onely have a supply in manner as before is mentioned out of the rest A Feoffment made to the use of ones VVill if his VVill be declared before or at the time of his Feoffment it cannot be altered because it is executed otherwise it is if his Will be declared afterwards 20 H. 7. 11. vide fol. 27. b. What persons may make Leases at this day There be three kinds of persons at this day which may make Leases for three lives c. in such sort as hereafter is expressed which could not so do when Littleton wrote Any person seised of an Estate in Fee-simple in the right of his Church and any person seised of an Estate in Fee-taile in his owne right Any Husband and VVife seised of any Estate of Inheritance in Fee or in Fee-taile in the right of his wife or joyntly with his wife before the Coverture or after viz. The Tenant in taile by Deed to bind his Issues in taile but not the Reversion or Remainder The Bishop by Deed without the Deane and Chapiter to bind his Successors the husband and wife by Deed to bind the wife and her and their Heires and these are made good by the Statute of 32 H. 8. which enableth them thereunto but to the making
that reversio terrae is the returning of the Land which is as much in sence as my Lord Dyer defineth it as the Land returning so that reversio terrae is terra revertens which is the Land in a certain degree that is to say when it is discharged of the perticular estate and possession thereof is come thither where the revertion was Plowden 160 196. Creation of Estates The Creation of all manner of Estates by the Habendum of the Deed. TO have and to hold to the said William Hum her his Executors Administrators and Assignes from the ensealing and delivery of these presents unto the end and terme Habendum and for and during the whole time and terme of a hundred years from henceforth then next and immediately ensuing and fully to be compleated and ended if the said William Humber so long shall live and if it shall happen the said William to decease before the end and determination of that said Terme living the said Margaret then to have and to hold the same messuage c. from and immediately after the decease of the said William unto the said Margaret for and during the whole Terme of 100. yeares from thenceforth then next and immediately ensuing and fully to be compleated and ended if the said Margaret so long shall live and keep her selfe sole and unmarried and if it shall happen the said Margaret to decease before the end and determination of the said tearme or not to keep her selfe sole and unmarried during the said tearme then to have and to hold the said Premises unto Henry Humber Habendum To have and to hold to the said Edmund Clark and his Assignes immediately from and after the death and decease of the said Maud Symmes unto the end and tearme and for and during the whole time and tearme of 100 yeares from thenceforth next and immediately following fully to be compleated and ended if the said E C. so long live and to have and to hold the said Messuage c. to the said Jane C. and her Assignes immediately from and after the decease of them tâ—e said M. S. and E. C. unto the end and tearme of 100 years from thenceforth c Note that in such a Lease all those that shall take in remainder Note must be made parties to the Lease To have and to hold to the said R. I. and his Assignes from the feast of St. John Baptist last past before the date hereof c from hence forth from the ensealing and delivery of these presents unto the end and terme and for during the whole terme of his naturall life and from and immediatly after the death of him the said R. I. the said Messuage or Tenement and all other the Premises with all and singular their and every of their appurtenances to remaine and be unto the said I. I. and her assignes for and during the tearme of her naturall life And after the death of the said R. and I. c. To have and to hold unto the said R. I. his Executors and Assignes for the time and terme of 99 yeares from henceforth next ensuing fully to be compleated and ended if G.I. R. I. and M. I. the sons and daughters of the said R. I. partie to these presents by Joane his now wife or if any of them the said G. R. and M. children of him the said R. I. partie to these presents as aforesaid shall so long live To have and to hold to the Lessee and his heires during the lives of A. B. C. and the longest liver of them To prevent an Occupant this limitation shall prevent the occupant and yet the Lessee may assigne it to whom he will or if he hath already an estate for another mans life it were good to assigne his estate to diverse men and their heires during the life of ceste que vie For If A. hath Land conveighed to him for the life of B and A. dieth without making any estate of it whosoever first entreth into the Lands after the death of A shall have the Land during the life of B. For to the heire of A. it cannot goe because it is no inheritance nor to his Executors because it is not a testimentary estate that should goe to the Executors as goods and Chattels Limitations which do determine an estate without entrie or claime vide plus fo 17. To have and to hold to the Lessee quousque viz. untill I. S. come from Rome A Lessee to a woman quam diu casta vixerit or to a Widdow for her life si tam diu in pura viduitate vixerit or to another dummodo solverit talem redditum or quamdiu as the Lessee shall be dwelling on the Mannor or quamdiu the Lessee se benegesserit donee us quead quousque tam diu to have to the Lessee for 100. yeares if the Lessee so long live all these are limitations which do determine the estate without any entry or claime A Lease is made to A. and his assignes habendum to A. during his and the lives of B. and C. this is a good Lease for these three lives and the longest liver of them Lo. Coke 5. part fo 13. A Lease to A. and B. for their lives A. dieth B. shall have it during his life it is an interest But if a Lease be made to I. S. during the life of A. and B. there if one of them die the estate is utterly determined for that is a limitation Habendum reddendum To have and to hold unto the said I. W. his Executors and Administrators from and immediately after the time that the estate tearme and interest which the said I G now hath of in or to the Premises shall happen to be ended by the death forfeiture surrender or other expiration of the estate and terme of the said I G. formerly granted by coppy of Court-Roll by Sir S. P. Knight deceased to the said I G. and I W. and to one Do. White deceased for the tearme of their lives and the longest liver of them successively at the will of the Lord according to the custome of the Mannor of R. aforesaid which said Copy of Court-roll beareth Date the fifth day of Aprill in the ninth yeare of the raigne of our Lady Q. E. for and during the tearme of 99. years from henceforth then next and immediately ensuing and fully to bee compleated and ended Reddendum if the said I. W. A. W. and B. W. or either of them so long shall live yeilding and paying therefore yearely unto the said H. P. his Heires and Assignes during the said respective tearme hereby limited at the Mannor house of the said Sir H. P. at Saparton aforesaid the sum of thirteen shillings four pence of currant english money at the feasts of St. Michaell the Arch-angell and the Anuntiation of the blessed Virgin Mary by equall portions the first payment thereof to begin and to be made
life make a Feoffment that is a forfeiture and yet nothing passeth but his own estate But making a Livery in fee it is a forfeiture though none of the remainders be divested Coke 2. pars fol. 76. b. Bredons case vide plus fol. 50. this is a forfeiture and yet no reversion or remainder is divested out of the King A particular Estate of any thing that lyeth in Grant cannot be forfeited by any grant in Fee by Deed As if Tenant for life or years of an Advowson Rent Common or of a reversion or remainder of Land by Deed grant the same in fee this is no forfeiture But if such a Tenant levy a Fine c then it is a forfeiture Note The diversiâ—y between Livery and Seâ—sin of Land and the delivery of a deed and what is a good delivery of a deed in Law there is a diversity between Livery and Seisin of Land and the delivery of a Deed for if a man deliver a Deed without saying of any thing it is a good delivery but to a Livery of Seisin of Lands words are necessary as taking in his hands the Deed and the ring of the doore if it be of a house or a turff or twig if it be of Land and using the words aforesaid And a Deed may be delivered to the party without words without any act of delivery As if the Writing sealed lyeth upon the Table and the Feoffor or Obligor saith to the Feoffee or Obligee Go and take up the said Writing it is sufficient for you or it will serve the turne or take it as my Deed or the like words it is a sufficient delivery Cokes Littleton title Dower fol. 36. a. 29 H. 8. Dyer fol. 95 43 Eliz. inter Hawsly Lacker in Banco Rs. Hillary 12 Jac. Rs. in Com. Banco The Grant of a Seignory Rent-charge Rent-seck Attornment in toto withall incidents therunto as also the Remainder or reversion of any of these or the remainder or reversion of the Land it self is nothing worth without Attornment viz. the agreement of the Tenant that must be presently charged As Lord Mesne and Tenant the Lord grants his Seignory the Mesne must attorne and not the Tenant prevaile for the Mesne is Tenant to the Lord Lord and Tenant the Tenant letteth the Land for life or giveth in taile saving the reversion to himself Now if the Lord grant his Seignory he in the reversion must attorne to the Grantee and not the Tenant for life or Tenant in taile for he in the reversion is Tenant to the Lord and not the other But if the Tenant had let his Land to one for life the remainder in fee thereupon a grant of the Seignory the Tenant for life must attorne for he is Tenant to the Lord so is not he in the remainder so long as Tenant for life liveth If Lands be let for years or given in taile saving the reversion upon a Grant of the reversion the Tenant of the Land must attorne And an Attornment may either be by word as to say I agree or am content with the Grant Or I attorne to you and become your Tenant by force of the Grant or else by the delivery of a penny and to the Grantee c. in name of Attornment or by any other matter implying an agreement as by a surrender to the Grantee of the reversion praying in aide of him c. and if such an Attornment be not to the Grantee in the life of the Grantor then the Grant is void In the Grant of a Reversion depending on a Freehold the attornment of the Freeholder is sufficient though he be not the Tenant that must presently be charged As if Lands be let to a man for years the remainder to another for life and hee in reversion grant the reversion to another the attornment of him in the remainder is sufficient 1 Littleton fol. 1â—… 〈◊〉 the 〈…〉 nly and where not If a man bind himself and his Heires in an Obligation or 〈◊〉 covenant by writing for him and his 〈…〉 or 〈◊〉 grant an Annuity for him and his â—…res in all these cases the Law chargeth the Heire after the death of the Ancestor with this Obligation Covenant Annuity Warranty yet with these three cautions that the party must by speciall name bind himself and his Heires for if the party in the bond Covenant Annuity or Warranty doth not bind himself as well as his Heires in such case the Heire shall never be bound 2. Some Action must be brought against the Heire whilest the Land or other Inheritance resteth in him unalienated away For if the Ancestor dye and the Heire before an Action be brought against him upon those Bonds Covenants or Warranties do alien away the Land then the Heire is cleaned discharged of the burthen 3. No Heire is further to be charged then the value of the Land descendeth to him from that Ancestor that made the charge and that not to be sold outright but to be kept in extent and at a yearly value untill the Debt or damage be run out Neverthelesse if an Heire that is sued upon such a Debt of his Ancestor doth not deale clearly with the Court when he is sued that is if he come not immediatly by way of confession and set down the true quantity of his Inheritance discended and so submit himself as the Law requireth then that Heire shall be charged of his owne other Lands Goods and money for this Deed of his Ancestor As if a man bind himself and his Heirs in an Obligation of a hundred pounds and dieth leaving but ten acres of Lands to his Heire if his Heire be sued upon the Bond and cometh in and denieth that he hath any by discent and it is found against him by verdict that he hath ten acres this Heire shall be now charged by his false plea of his owne Lands Goods and body to pay the hundred pounds though the Land be not worth ten pounds All words which do prove by specialty Words onely which do shew a man to be a Debtor to another is a good Obligation without binding the Executor that the maker of the Writing is a Debtor to another that is a sufficient Obligation and though the Executor or Administrator are not expressed yet the Law will charge them because they represent the Estate of the Testator but the Heire shall never be charged without expresse mention of the Heire Dyer fol 2 3. Acquittance for one Rent is a discharge of all former Rents Those cannot be heirs If a Rent be behind for twenty years and the Lord make an Acquittance for the last that is due all the rest are presumed to be paid and the Law will admit no proofe against this presumption Cokes Littleton fol. 373. A Bastard can be no Heire nor have any unlesse it be his owne Child A man attainted of Treason or Felony can be no Heire nor have an Heir though it be his
elder son was in possession of the dignity no more then of his blood for the dignity is inherent to his blood and neither by his own act nor by the act of another hath he gained more actuall possession then by the Law descended to him Coke 3. pars fol. 42. Actuall possession quid Possession in Law quid Here 's jure proprietatis heres jure representationis An actuall possession is when a man entreth in Deed into lands to him discended A possession in Law is when lands be discended to a man and he hath not yet really entred into them nor hath seisin of the rents reserved upon any estate made for life by him from whom he claimeth Every one that is heire unto another is as the eldest Son shall inherit onely before all his brothers Aut heres jure representationis as where the eldest Son dieth in the life of his Father his issue shall inherit before the youngest Son for although the youngest Son be magis propinquus yet jure representationis the issue of the eldest Son shall inherit for he doth represent the person of his Father And even as none may be procreate but of one Father and one Mother and ought to have in him two bloods viz. the blood of his Father and the blood of his Mother those two bloods commix in him by lawfull marriage doth constitute and make him heire So none may be heire to any one unless he hath in him both the bloods of him to whom he shall make himself heire And therefore the heire of the half blood shall not inherit because he wanteth one of the bloods that should make him inheritable for as in this case the blood of the Father and the blood of the Mother make but one blood inheritable and both are necessary to the procreation of an heire therefore desiciente uno non potest esse haeres And this is the reason of the Maxime of Possessio fratris de feodi simplex facis sororem esse haeredem Co. 3. pars Ratcliffs case fo 37. If a man be attainted of felony by judgment the heires begotten after the attainder are foreclosed from all manner of hereditary Succession as well on the part of the Mother as on the part of the Father And Britton gave this reason because the Son procreate after the judgment had not two bloods inheritable in him for at the time of his birth the blood of his Father was corrupt for ex leproso parente leprosus generatur filius And when the Father is attainted of felony the blood in respect of what it shall be inheritable being corrupt the Son as like to it hath not but half blood viz. the blood of the Mother in him without corruption And therefore he holdeth that such a Son shall not inherit his Mother And with him Bracton accordeth for saith he Non valebit felonis generatio nec ad hereditatem paternam vel maternam si autem ante feloniam generationem fecerit talis generatio succedit in hereditatem patris a quo non fuit felonia perpetrata Because that at the time of his birth he had two lawfull bloods commixt in him which may not be corrupt by attainder subsequent but onely as to that Father or that Mother by whom the Felony was done and committed Assise To arraigne an Assise is to cause the Demandant to be called to make the plaint and to set the cause in such order as the Tenant may be inforced to answer thereunto and is derived of the French word Arrayner to order or set in right place and the Assise is Arrained in French and entred in Latine Executed and things executory a difference There is a diversity between Inheritances executed and Inheritances executory As Lands executed by Livery c. cannot by Indentures of Defeasance be defeated afterwards And so if a Disseisee release to a Disseisor it cannot be defeated by Indenturs of Defeasance made afterward but at the time of the Release or Feoffment c. the same may be defeated by Indentures of Defeasance for it is a Maxime in Law Quae in continenti fiunt in esse videntur But Rents Annuities Conditions Warranties and such like that be inheritances executory may be defeated by Defeasance made either at that time or at any time after And so the Law is of Statutes Recognizances Obligations and other things executory Distress for a mercement He that distraineth for an Amercement and such like must be sure to distraine the Goods and Chattels of him that is amerced because he may not distraine another mans beasts for this amercement But for rent or services it is otherwise for the party may distraine the beasts found in the land that are levant and couchant there N. B. fol. 100. B. Distress Damage-feasant And if a man take beasts for Damage-feasant and the other offer sufficient amends he refuse c. Now if he sue a Replevin c. for the beasts he shall recover Damages onely for the Detinue of them and not for the taking for that was lawfull F.N.B. 69. The Lord may seise a Herriot service aswell as a Herriot custome Herriot service Herriot custome may be seised Warde and so it was then adjudged by the whole Court Plow fo 96. Replevin Woodland versus Mantle It was resolved that when the King maketh an heir apparent which in age of a Tenent by Knights service a Kt in the life of his ancestor after the ancestor dieth the said heir within age in this case he shall be out of ward and shall pay no value of his marriage nor the Lord shall have the custody of the Land for in such ease by the making of him Knight in the life of his Ancestor he is made as of full age so that when his Ancestor dieth no interest either in the body or in the land ever vesteth in the Lord. It was also resolved that when the heir within age is made Knight after tender made to him although that he within age marry else where yet he shall not pay the forfeiture of marriage Cok. 6. pars fo 73. Sir Drue Druries case If an infant in the life of his father be made Knight and his Father die he shall be in Ward but otherwise it is where an infant in Ward is made Knight there he shall be out of Ward 2. E 6. tit Garde 42. Magna Char. Cap. 3. Touching the time of the beginnning of a Lease for yeares it is to be observed Commencement of a lease Inclusive exclusive that if a Lease be made by indenture bearing Date the 26. of May c. to have and to hold for 21. yeares from the Date or from the day of the Date it shall begin the 27. day of May. If a Lease beare Date the 26. of May. c. to have and to hold from the making hereof or from henceforth or from the sealing and delivery hereof
tillage of the occupier in whose hands soever the land commeth if it be not in the hands of the Parson himselfe And all this matter was agreed by the Justices and Serjeants but they were in severall opinions if the Parson Lease parcell of Gleeb Lands for yeares or life reserving a rent whether the Lessee shall pay tythes or not Quere Dier fo 44. If a man levy a fine of land in ancient demaine at the common law to another Ancient demain deceit now the Lord of ancient demaine shall have a writ of deceit against him that levied the fine and him that is tenant and thereby he shall reverse the Fine and there he which hath given the Land shall be restored to his possessions and title which he had given by the Fine because that the Fine and gift therby is utterly defeated But if he that levied the Fine had after the Fine released to him which had the possession by the Fine by his deed or confirmed his estate by his deed in the land then it seemeth that he to whom such release or confirmation is made shall retaine and have the Land notwithstanding the Fine be reversed because that this release or confirmation made to him being in possession maketh his estate firme and rightfull against him and his heires which released or confirmed Na. Bre. fo 98. A. Pace regis reginae fo 68. Terminus Terminus annorum tempus annorum in the understanding of the Law doth not onely signifie the limits and limitation of time but also the estate and interest that passeth for that time as if a man make a lease for twenty one yeares and after make a lease to begin a fine expiratione predicti termini 21. annor dinnisor and after the first Lease is surrendred the second lease shall commence presently but if it had been to begin post finem expirationem predict 21. annorum in that case although the first terme had been surrendred yet the second lease shall not begin till after the 21. yeares be ended by effluction of time And so note that diversity between the terme of 21. yeares and 21. yeares Coke 1 a pars fo 154. If A. make a lease to B. for ten yeares and covenant that if B. pay 100 l. to A. infra dictos decem annos that B. shall have Fee if B. surrender his terme to A. and after pay the 100 l. within the 10 years he shall have Fee but otherwise it is where it is covenanted that if he pay a 100 l. infra terminum praedictorum decem annorum folio eodem Tripartite Indentures In witnesse whereof c. the parties above named to these present Indentures Tripartite interchangeably have set their hands and seales dated the day and yeare above written In Witnesse whereof all the said parties have to every part of these presents set their Hands and Seales the day and yeare first above written IN witnesse whereof to the first part of these Indentures remaining with the said Sir Jo. Tracy Sir Will. Coke and Sir Thomas Eastcourt the said Sir H. Poole hath set his Seale 1. Sir H. Poole 2. Sir Jo. Tracy Sir Will. Cooke Sir Thomas Eastcourte And to the second part of the said Indentures remaining with the said William Guies Iohn Bridgman and Fr. Marsh the said Sir H Poole Sir Jo. Tracy Sir Wil. Cooke and Sir Thomas Eastcourt have set their Seales 3. Will. Guies Io. Bridgeman Fra. Marsh And to the third part of these indentures remaining with the said Sir H. Poole the said Sir Jo. Tracy Sir Wil. Cook Sir Thomas Eastcourt Wil. Guies John Bridgeman and Fra. Marsh have set their seales even the day and yeare first above written To the first part of these Indentures remaining with the said H. Poole the said William Bridges Tho. Nichoas William Freame Giles Bridges and Jeffrey Bath have set their Seales 1. Henry Poole 2. Will. Bridges Tho. Nicholas Will. Freame To the second part of these presents remaining with the said Wil. Bridges Tho. Nicholas and Wil. Freame the said Hen. Poole Gi. Bridges and Jeff. Bathe have set their Seales 3. Gi. Bridges Jeffery Bathe And to the third part of these presents remayning with the said G. Bridges and Jeffery Bath the said Hen. Poole W. Bridges Thomas Nicholas and Will. Freame have set their Seales TO one part of this Indenture remaining with the said Sir Hen. Poole the said Dorothy Vnton and Geo. Shierley have set their Seales 1. Dorothy Vnton 2. George Shierly 3. Sir Hen. Poole To another part remaining with the said Geo. Shirley the said Dorothy Vnton and sir H. Poole have set their Seales To another part remaining with the said Dorothy Unton the said Sir Hen. Poole and Geo. Shierley have set their Seales TO one part of these Indentures remaining with the said Geo. Raleigh the said Gab. Pountney and Edw. Raleigh Tho. Spencer and Edward Essex have set their Seales And to one other part remainder with the said Gab. Pountney and Edward Raleigh the said Geo. Raleigh Thomas Spencer and Edward Essex have set their Seales And to one other part remainder with the said Tho. Spencer and Edward Essex the said Geo. Raleigh Gab. Pountney and Edw. Raleigh have set their Seales 1. Geo. Raleigh 2. Gab. Pountney Edward Raleigh 3. Tho. Spencer Edward Essex TO the first part remaining with the said Fran. Shirley the said Jo. Shirley and Jane Ralph Shirley Robert Brooksbey Jo. Brooke William Vnderhill have set their Seales To the second part remaining with John Shirley and Jane the said Fra. Ralph Jo. Brook Robert and Will. Underhill have set their Seales 1. Fran. Shierly Ralph Shierley 2. Jo. Shirley Jane Shirley 3. Rob. Brookesby John Brooke Wil. Vnderhill To the third part remainder with Rob. Brookesby Jo. Brooke and William Vnderhill the said Fra. Jo. Jane and Ralph have set their Seales Livery void Tenant for terme of life makes a Lease for yeares then granted tenemenia predicta to C. to have from Michaelmas next ensuing for life after the said feast of Michaelmas tenant for yeares attorned this grant to C. is void for a grant of a Frank-tenement may not commence in futuro and the grant being void at the beginning the attornment after shall not make the Frank-tenement to passe for every frank-tenement ought forthwith either to commence in possession reversion or remainder And when a man makes a Lease for life to commence at a day to come he may not make present Livery to a future estate ideo nothing passeth secunda pars L. Coke fo 35. But if a man make an estate for life to commence at Michaelmas next and then the Lessor himselfe after Michaelmas execute livery to the Lessee the estate is made good only by the Livery but if the Livery be so made by warrant of Attorney of the Lessor then the livery and the Lease are both void If Tenant at will sowe the Crop set Roots
c. those which are meere Recognizances are not sealed but are inrolled And sometimes are sealed with the seale of the party and may be with condition annexed or may bee single and then to have indentures of defeasance Also the King may by his commission give authority to any man to receive connusance of another man and to returne it in Chancery and by vertue of such commission if the man knowledge it before a commission any debt to another to be paid to him at a certain day and that certifieth into the Chancery with the commission c. Now upon certificate made of this connusance if he doth not pay the debt at the day he shall have an elegit upon this recognizance so taken aswell as if it were taken in the Chancery Upon a Recognizance there shall not goe a Capias but a Scire facias returnable in Chancery and upon the returne thereof they use to award a Capias a fieri facicias or an Elegit at the election of the Connusee 48 E. 3. fo 14. Upon a Recognisance the connusee may not have an action of debt against the heire for the recognizance is quod tunc vult concedit quod dictae pecuniae summa de bonis catall terr tenementis c. levetur so that the charge is imposed upon his Goods and Lands so that debt lieth not therupon against the heire co 3. 15. Yet upon a recognizance acknowledged to the use of the King although the words of the recognizance are de bon catt terr tenemenntis c. levetur the King shal have liable to his execution as wel the body as the lands goods of his Debitor see co 3. 12. b 11 93. a. Execution by force of a Recognizance in case of a common person shall bee of all the Goods and Chattels of the Connusor except his Plowcattle and implements of husbandry and of the moietie of his lands west 103. Note that this word Recognizance extendeth oftentimes in our Books to Statute Merchant and Statute staple Execution by Elegit AN Elegit is a Writ judiciall and lieth for him that hath recovered debt or damages in the Kings Court and must be sued within the yeare Tearmes de ley By force of an Elegit the Sheriff may take in Execution and deliver unto the party scil unto the cerditor the one halfe of the lands of the Connusor and all his good and chattels praeter Boves affros de carvia sua saving onely his Oxen and beasts of his plow untill the debt be levied upon a reasonable price or extent And this is by force of the Statute of Westminster 2. cap. 18. which is the first statute that did subject land to be taken in execution or upon a recognizance which is in the nature of a judgement 13 E. 1 ca. 18. co 3. 12. This Statute of Westminster 2. which giveth the Elegit provideth quod Vicecomes liberet ei omnia cattalla c. medietatem terrae suae quousque debitum fuerit levat per rationabile praetium extentum which last word praetium is to be referred to Chattels extentum to be referred unto lands rationabile praetium extentum ought to be sound by inquisition and verdict scil the apprizing of the goods and the extent or valuation of the Lands ought to be per sacram 12. probor legalium hominum c. for the Sheriff himselfe cannot appraise the goods nor value nor extend the lands upon an elegit neither can the Sheriff upon an elegit deliver any goods in Execution or extend any lands but onely such as are appraised and valued by the Jurors of the inquisition Co. 4. 74. otherwise it seemeth of all other sorts of Executions The words of this Statute of Westminster 2 ca. 18. are thus liberent ei medietaeem terrae debiteris which by construction of Law is the moietie of all that he hath at the time of the judgment given or at any time after Co. 7. 19. and by the equity of that Statute the Sheriff may deliver to the Creditor or Connusee the moietie of the Rents Br. Parliament 10â— Plow 178. Also these words in the said statute quousque debitum fuerit levatum shall be intended be or might be levied for if the Conusee or tenant by elegit or tenant by statute Merchant or Staple neglect to take the profits yet when the connusee might have been satisfied of his debt according to the extent the connusor shall have againe his land but it seemeth he may not enter in such case but is put to his scire facias Co. 4. 82. If Tenant by elegit be outed by a stranger there the time shall on and he is put to his remedie against the trespasser ibm If the Connusee be outed by wrong by the connusor or by any other claiming under him for life or years c. the connusee shall hold over co 4 66. If the lands delivered in execution be lawfully recovered taken or evicted from the possession of the connusee before his debt be satisfied he shall have a scire facias and upon that a new writ of Execution Statute 32 H. 8. ca. 5. co 3. 87. This Statute of Westminster 2. cap 18. that giveth the elegit doth not extend to Copyhold Lands for it should be prejudiciall to the Lord and against the custome of the Mannor that a stranger should have interest in the land holden by copy where by the custome it may not be transferred to any without c. co 3. 9. Terme for yeares may not be extended by the Sheriff upon elegit without finding the beginning and certainty of the terme by inquisition for execution by elegit ought to be by inquisition and if it be found by the inquisition that the debitor was possessed of certain land per terminum quorandum annorum ad tunc ventur This inquisition is insufficient for they ought to find the certainty and the reason is because that after the debt satisfied the party is to have again his terme if any part thereof remaine which certainty of terme ought to appear upon the returne of the Sheriff as it seemeth Cok. 4. 74. But upon a Fieri facias the Sheriff may sell the lease or terme without reciting any certainty scil the Sheriff may recite that the Debitor hath a terme of such a thing pro terminis diversis annorum ad nunc ventur and that he sold that by force of a fieri facias to I. S. and that is good so if the Sheriff sell all the interest that the Debitor hath in the Land that is good notwithâ—standing misreticall for by the common intendment the Sheriff may not have precise connuzance of the certainty of the commencement and certainty of the end of the terme but if he take upon him to recite the terme and mistake it reciting it falsly and sell the same terme this sale is void because there is not any
with the tenants of this mannor in any part or parts thereof and with what Chattle and where and bywhat right custome or duty to your knowledge Enter commoners 10. Item VVhether may the Lords and Tenants of this Mannor enter-common in the VVasts Downes Heathes Moores or commons of any other Mannors or Lordship And if they may then with what kinde of Cattle and what be the names of the Mannors and commons and who is now seised thereof to your knowledge Exchange of Land 11. Item what exchanges have been made of any land within this Mannor by whom when and where were the same exchanges made and what lands and for what terme Lands forfeited or escheated 12. Item whether have any parts or members of this Mannor been forfeited or escheated or ought have been unto the Lord of this Mannor and not yet seised to his use by reason of any death Bastardy granting of Leases without license aliening of copy-hold land by feoffment Wast Demise or otherwise what and were be the same lands and who do occupy the same and how and in what manner were the same so forfeited or escheated 13. Item what Herriots reliefs or other duties Herriots reliefs c. are or ought to be due unto the Lord of the Mannors upon the decease of any tenant of what estate soever or upon any alienation or surrender and whether such as doe hold under divers rents ought to pay diverse Herriots And if they doe of what kind or kinds be the said Herriots or ought the same to be to your knowledge 14. Item what quit rents workes Quit-rents work customes c. customes or other duties are or have been of old time of right paid out of this manner and to what person or persons and upon what cause 15. Item you shall enquire if any evidences Court-Roles or writings belonging to this Mannor Writings or Court-Rolles concealed are with-holden or kept back from the Lord of this Mannor and by whom The interpretation explanation and meaning of divers words used in ancient Charters c. Fleta Sock A Power to seek after Thieves and to do justice upon them after such inquisition Also a Liberty to have Suitors to their Courts that have the same Also it is taken for a company of Tenants which live within such a Liberty and they are by the same exempted from the common services of the Prince and Country whereunto other Subjects are ordinarily bound Sochemans Are men to whom some special Liberties are given Ham Socha Is the dwelling of a Farmer Dr. Cowel Ham is a Town and from thence comes Hamlet Sack Signifieth Causa and from thence cometh this saying For whose sake scilicet For whose cause Skene de verb. signif Lam. f. 132. Sack Is called Placitum emenda de transgressione hominum in curia nostra It is the Amerciament paid by him which denieth the thing proved against him to be true or affirmeth the contrary to the truth Fleta Sack Significat acquietantiam de Secta ad Comitatum hundredum l. 1. c 47. Cassaneus in consuetudine Thol or Toll Tolvetum alias Theo onium hath two significations viz. 1. A Liberty to buy or sell within a certain precinct which importeth to a Fair or Market 2. And in the second it is a Liberty to take Toll as to be free from the payment thereof He that is infeoffed with Toll is Custome-free and payeth no custome Skene when it is written Hoc est quod vos homines vestri de toto homagio vestro fint quieti de omnibus mercanciis de tolveto de omnibus rebus emptis venditis Privy contracts were held unlawfull and therefore the Lord of the Fair or Market in testimony of the contract received toll Is a power to have slaves which are called Nativi Bondi Villani Teame alias Theme And all Baronies infeoffed with Theam hath the same power for unto them their Bond-men their Children Goods and Chattels properly belong It is a Royalty granted onely by the King himself A compound of three Saxon words Infangthef the Preposition In fang to take thef a Felon Infangthef est Justicia cognoscentis latroniâ— de homine suo si captus fuerit super terram suam Illi vero qui non habent has consuetudines coram Justicia regia rectum faciant in Hundredis Wapentagiis vel Shiris An out-taken-thief Vtfangthef Bracton l. 2. c. 24. diciturlatro extraneus veniens aliunde de terra aliena qui captus fuerit in terra ipsius qui tales habet libertates Significat acquietanciam misericordiae intrationis in domum alienam vi injuste Handsok Fleta l. 1. c 47. Grith a word of the old Angles signifying Peace Brich quasi Breach Grith brich Rastal expositione verborum Those amerciaments due for Bloudshed Blout in Saxon est Sanguis Wite est Culpa Blodwite D. Cowel A liberty to take amerciaments pro melletis Flitwite Bona utlegatorum Fredwite Significat quietanciam misericordiae de latrone suspenso absque consideratione Hengwite Fleta l. 1. c. 27. Cowel Cowel est muleta pro homine injuste suspenso Liâ—…wite Is a liberty to take amends of him that defiles your Bond-woman Flemene frith A liberty to challenge the Cattel or amerciaments of your man a Fugitive Forstall To be quit of amerciaments and cattle arrested within your lands and the amerciaments thereof coming Gidel Grest A kinde of purgation in old time whereof there was two sorts viz. per ignem aquam Henfare An amerciament for flight for murder Vetito namio is power to have Pleas of Withernam that is if any of his men or Tenants to whom such power is given be arrested in another Liberty the next man of that liberty that comes into his Fee shall be taken and deteined untill the other be freed In a Charter of King Edward the Third dated at Walton 25. Junii Anno Regni sui 12. reciting divers former Charters doth declare and grant That by the obscure and dubious and general words in the former Charters the Grantees should have all amerciaments as well of Free-men as of Villains and that they should receive all that the King ought to have for any fault or transgression to be amerced in the Court of the King before the Barons of the Exchequer before the Justices of the Bench or before his Justices Itinerant at Common Pleas or before his Justices assigned to take Assizes or to deliver Goals or to whatsoever Inquisitions to be made or amerced before any other Justices Sheriffs Inquisitors Reeves Bayliffs or other ministers as well of the Forrests as others to whatsoever Office they were deputed by the King And that they have the Goods and Chattels of Utlaws Condemned persons and Fugitives and of Felons as wâ—ll of themselves as of all other Felons
And that they have all the Goods and Chattels forfeited of all their men and Tenants resident or not resident and of all others resident within or upon their Tenements Lands or Fees There are divers Immunities granted by divers old Charters as to be quit de Geldiâ—… Danageldis Hildagiis Carucagiis Auxilis Wardpenny Averpenny Thething penny Theolonio Pontagio Passagio Pavagio Cestagio Tallagio Carriagio c. And are explained in that which follows Certain Saxon words in Doomsday Book expounded by Mr. Agar of the Receit in the Exchequer A. ALneâ—um a place where Alder-trees grow Alodium the old translation of the Saxon Laws useth this word for Bockland Aloacii or rather as I take it Alodacii they that hold Bockland or Charter-land Arabant they that held by tenure of Plowing and Tilling ground Arpens the Frenchmen say that an hundred Perches make an Arpent 18. Foot a Perch 12. Inches a Foot Columel l. 5. c. 1. Demi-arpent they take for Jugum or Jugerum Arsura concerning Coynage Avera Service or Avarage B. BAtsweines we call them Botswains or Bothouls Berewich I am of Mr. Cambden's minde in his Book that it signifieth a Town-parcel or belongin to another Berquarii I take it for to be Shepheards we call Bercarium a Shepherd both seem to come from the French Beragiâ—… Bordacii they be Tenants that occupy part of the Demesns which are called Bordlands i. Terra ad mensam Bruaria we call that which the Latines term Erica Bruere Heath Burse or Colibti it may be this word is written for Bury which sometime I reade in this Book Bure is that which the Dutchmen call a Bore Colâ—…s a Paysant Burgheristhe I think it should be Burgberiche Violatio Pacis in villa Buzecatle Bursecapls or Botsecals the same that Botswain Merchiner or Shipmen C. CAballa I think it should be Caballus a Horse Caruca a Plough Carucata a Plough and Land Censarii such as might be taxed Cervisarii the Saxons had a duty called Drinkleum that is retributio potus Canutus Laws c. 8. 28. 38. whereupon such Tenants may be called Cervisarii Circset the Saxons call it Cirikseat but Fleta calleth it Circseâ— quasi semen ecclesiae Corn paid to the Church Coliberts see Burf Cosez Cottages Cotemans Cotigers of Coten or Coath an house Cuna servicii a Kan of Drink B. DEna terrae a hollow place between two Hills Drenchs in Cheshire a Fermor F. FOrtgingels Ferthindel is the fourth part of an Acre or Penny or any thing else Ferlingi a quantity of Land in Huntingdon Somerset and Hampt Feudum that which we call Feodum Firma Rent in money or victual but properly in victual in the Charter of Edgar to Ely it is limited for a penalty to pay one nights ferm if the privileges be broken by any man Foristell Forestall the stopping of ways that is now used for such as buy things before they come at the market Fraxmetum a place where Ashes grow Frustum terrae a piece of Land G. GAllum the Saxons called it Gasell custom paid to the King or rent Garb Garben a Sheaf of corn Garsum â—…e a Fine or Amerciament Goldum Solutio Gribrige Grith brecbe Fractio pacis H. HAga est in Burgo vel in Civitate Hangennita Hanguits Latro suspensus sine indicoÌ„ Harduices in Burgo Glouc. ubi sunt currucat terrae villanni Hede or rather a Hide a port or landing-place Henfare an amerciament for flight for murder Hesthas a service to the King in Closhaw Hasta I think rather it should be so written Henewarde a duty to the King in Cambridgshire Hominacio it may be called Dominacio many use Hominum where we use Homagitum Huscarbus Famulus a servant in your house Hida an uncertain quantity of arable land in several Counties I. INewardus one attending the King in Hereford and Cambridgshires Inland so the Saxons call the Demesns of a mannour and the Lands that were holden of them Vtland Jugum half an Arpent 50. Perches nota that in one place of Doomesday Book it is said tenet unum jugum terrae ust di car L. LAgeman that is homo habens legem Lagh is Law Landgeble the Saxons call both rents and customary payments of works or other things and tribute Gastel and they had special names for sundry sorts as Beregavel payment of Burly-cheese Gavel rent-cheeses Pridgavel the Welchmen use for Landgavel Legruita or rather Lethervita but more usually Lierwite punishment for lying with a woman Lenna A mesne of a mile of Land Lenga A mesne of a mile of Land Lennides A mesne of a mile of Land Libras arsas pensatas a quantity of coin M. Mansum Houses Mansura Houses Marsum a quantity of of coin quâ—…re P. PAracium the tenure that is between parceners viz. that which the youngest oweth to the eldest Pasuagium money taken for mast or feeding of Hogs we call it Pannage Bracton calleth it Pessona Pensa in Saxon Peza a weigh of cheese or other thing Q. QVarentena that which the Saxons call Furlang is translated Quarentena in divers places O RAdechenistres Bracton amongst other tenures speaketh of Rhode Knights which I suppose this word expresseth Radechenight for che is writen often-in Doomesday Book for C. or K. as Chent for Kent their tenure is to ride with their Master or Mistris the Saxons call Padâ—…ayarney Radmans I think it all one with the former word unless peradventure this be derived from Reade counsel and so Readmans signifieth Counsellours Relevacion Revalementum a French word of Celever to lift up again for the Land by the Tenants death is as it were fallen into the Lords hands and the Heir raiseth it up again but that which the Book of Doomesday mentioneth seemeth rather to express the Harriot or Heryate of the Saxons spoken of in Canutus's Laws c. 69 Reveland that is reaved from the King S. SAca Conusans of Pleas in causes concerning his own Tenants Sâ—ca Suit to ones Court or Mill or any other liberty Scangium exchange quaere Scotum solutio Sochemans Sochi Sochemanni men to whom some special liberties and privileges are given Solin Solus 400. acr di faciunt 2. Solinos di T. TAilla Taxes or Tallages Taini thegnes ministri Regis vel aliorum Taniland terra quam tenuerunt Thani Trabes Thraves Corn 24. Sheafs make a Thrave vel potius a weigh of Corn. The four Termes with their Returnes Hillary Terme beginneth Jan. 23. and endeth Feb. the 12. In 8 daies of St. Hillary Jan. 20 Jan. 21. Jan. 22. Jan. 23. From the day of St. Hillary in 15. daies Jan. 27. January 28. January 29. Jan. 30. In the morrow of the Purification of the blessed Mary Feb. 3. Febr. 4. Febr. 5. Feb. 6. In 8. daies of the Purification of the blessed Mary Feb. 10. Feb. 10. Feb. 11. Feb. 12. Easter terme begins 17. daies after Easter and ends and returnes FRom the day of Easter in 15. daies From the day of Easter in three weekes From the day of Easter
2. What is the present worth of an annuity or rent of 50. pound per annum payable yearely for 21. yeares accounting compound interest after the rate of 6. per cent per annum In the second columne of the 6. Table right against 21. yeares is 11.75407 which being multiplyed by 50. the product is 588.20350 from which cutting off 5. figures for the decimall parts of the number found in the table the answer is 588 l. and reducing the parts 4. shillings 3. farthings Question 3. What annity to begin presently and to continue 21 yeares payable at yearely payments will 588. pound 4. shillings 3. farthings purchase compound interest being reckoned at 6. per cent per annum In the second column of the 7. Table right against 21. yeares is 085. which being multiplied by 588. 203125. the Decimall of 588 l. 4. shillings 3. farthings the product is 49 998065325. from which if you cut 9. figures for the number of parts in both the termes given the yearly annuity is 49. pounds and the Decimall 99806 c. gives 19 s. 11. pence 2. farthings Question 4. What is an annuity of 25. pounds per An. for seven years payable yearly and to begin 3. years hence compound interest after the rate at 6. per cent worth iâ—… present First find by the second question of this Chapter what an anuity of 25. pounds per annum for 3. yeares at the rate propounded is worth in ready money and then what an annuity of 25. pounds per annum for 3. and 7. yeares that is for 10. yeares at the same rate is worth in ready money the difference of these two is the answer to the question propounded In the second columne of the 6. table right against 3. yeares is 2.67301 which being multiplyed by 25. the product is 66.82525 and the number answering to 10. years is 7.36008 which being also multiplyed by 25. the product is 184.002005 from which deduct 66.82520 there rests 117.17675 that is according to the former directions 117. pounds 3. shillings 6. pence farthing the present worth of the 7 yeares in reversion Question 5. If the Lease of a house or lands be worth 127 l. fine and 9 l. rent per annum payable yearly for 20. years and the Lessee be desirous to bring downe the fine to 40 l. and so to pay the more rent the question is what rent the tenant shall pay accounting compound interest at the rate of 6. per centum per annum Find the difference between the fines which is 87 l. then by the seventh table find what annuity or rent to continue 20. yeares is equivalent unto 87 pound ready so will you find 758466. that is being reduced 7 l. 11 s. 8. pence 1. farthing which being added to the old rent 9 l. gives 16 l. 11 s. 8. pence 1. farthing which the tenant must pay to the end that the fine may be diminished unto 40. pound Question 6. There is a lease af certaine Lands to be let for 20. yeares for 40. l. fine and 16. shillings 8. pence 1. farthing rent per annum payable yearly but the tenant is desirous to pay lesse rent viz. 9 l. per annum and to give a greater fine the question is what fine ought to be paid to bring down the rent to 9 l. per annum accounting compound interest at the rate of 6. per centum per an Find the difference between the rents which is 7 l. 11. shillings 8. pence 1. farthing then by the 6. Table see what an annuity or rent of 7 l. 11. shilling 8. pence 1. farthing per annum to continue twenty yearers is worth in ready money so shall you finde eighty six pound nineteen shillings ten pence proxime which being added to the first fine forty pound gives 126. pound 19. shillings 4. pence which the tenant must pay to the end that the rent may be brought downe to nine pound per annum Question 7. There is a lease of certaine lands worth 32 l per annum more then the rent paid to the Lord for it of which Land there is a Lease yet in being for 7. years and the lessee is desirous to take a Lease in reversion for 21 years to begin when his old Lease is expired the question is what sum of money is to be paid for this lease in reversion accounting compound interest at the rate of 6. per cent per an Find by the 6. Table what 32. pound rent is worth in ready money for 21. yeares as if it were to begin presently which will be found 376. 4.5024 l. then by the 5. table find what 376.45024 l. due at the end of 7. yeares to come is worth in ready money so will it be 250 l. 7. s. 2. d. proxime which is the answer to the question The first Table A Table turning Shillings Pence or Farthings into Decimall parts S. d. Decimals 1. 1 010417  020833  031250 0. 1 041667  052083  062500  072917 0. 2 083333  093750  104167  114583 0. 3 125000  135417  145833  156250 0. 4 166667  177083  187500  197917 0. 5 208333  218750  221967  239583 0. 6 250000  260417  270833  281250 0. 7 291667  302083  312500  322917 0. 8 333333  343750  354167  364583 0 9 375000  385417  395833  406250 0.10 416667  427083  437500  447917 0.11 458333  468750  479167  489583 1. 0 500000  510417  520833  531250 1. 1 541667  552083  562500  572917 1. 2 583333  593750  604167  614583 1. 3 625000  635417  645833  656250 1. 4 666667  677083  687500  697917 1. 5 708333  718750  729167  739583 1. 6 750000  760417  770833  781250 1. 7 791667  802083  812500  822917 1. 8 833333  843750  854167  864583 1. 9 875000  885417  895833  906250 1.10 916667  927083  937500  947917 1.11 958333  968750  979167  999583 2. 0 1.000000 The second Table A Table shewing the Simple Interest of one pound for the first 4. Months of the yeare at 6. per Cent. Daies  January  Febru  March  April day Parts day Parts day Parts day Parts 1 1 000164 32 005261 60 009863 91 014959 2 2 000329 33 005425 61 010027 92 015123 3 3 000493 34 005589 62 010192 93 015288 4 4 000657 35 005753 63 010356 94 015452 5 5 000822 36 005918 64 010520 95 015616 6 6 000986 37 006082 65 010685 96 015781 7 7 001151 38 006246 66 010849 97 015945 8 8 001315 39 006411 67 011014 98 016109 9 9 001479 40 006575 68 011178 99 016274 10 10 001645 41 006739 69 011342 100 016438 11 11 001802 42 006904 70 011507 101 016603 12 12 001973 43 007068 71 011671 102 016767