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A86253 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 divers 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. Herne, John, fl. 1660. 1655 (1655) Wing H1570; Thomason E1597_2 165,473 258

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An. Dom. 1 1378 2 1379 3 1380 4 1381 5 1382 6 1383 7 1384 8 1385 9 1386 10 1387 11 1388 12 1389 13 1390 14 1391 15 1392 16 1393 17 1394 18 1395 19 1396 20 1397 21 1368 22 1399 3 mon 14. da. H. 4. Sept. 29. 1399. An. Reg. An. Dom. 1 1400 2 1401 3 1402 4 1403 5 1404 6 1405 7 1406 8 1407 9 1408 10 1409 11 1410 12 1411 13 1412 6 mon. 3 da. H 5. Mar. 20. 1412 An. Reg. An. Dom. 1 1413 2 1414 3 1415 4 1416 5 1417 6 1418 7 1419 8 1420 9 1421 5 mon. 24 da. H. 6. Aug. 31. 1422 An. Reg. An. Dom. 1 1423 2 1424 3 1425 4 1426 5 1427 6 1428 7 1429 8 1430 9 1431 10 1432 11 1433 12 1434 13 1435 14 1436 15 1437 16 1438 17 1439 18 1440 19 1441 20 1442 21 1443 22 1444 23 1445 24 1446 25 1447 26 1448 27 1449 28 1450 29 1451 30 1452 31 1453 32 1454 33 1455 34 1456 35 1457 36 1058 37 1459 38 1460 6 mon. 16 da. Edw. 4 Mar. 4. 1460. An. Reg. An. Dom. 1 1461 2 1462 3 1463 4 1464 5 1465 6 1466 7 1467 8 1468 9 1469 10 1470 11 1471 12 1472 13 1473 14 1474 15 1475 16 1476 17 1477 18 1478 19 1479 20 1480 21 1481 22 1482 1 mon. 8 da. R. 3 June 22. 1483. An. Reg. An. Dom. 1 1484 2 1485 2 mon. 5 da. H. 7 Aug 22. 1585. An. Reg. An. Dom. 1 1486 2 1487 3 1488 4 1489 5 1490 6 1491 7 1492 8 1493 9 1494 10 1495 11 1496 12 1497 13 1498 14 1499 15 1500 16 1501 17 1502 18 1503 19 1504 20 1505 21 1506 22 1507 23 1508 8 mon. 19 da. H. 8 April 22. 1509 An. Reg. An. Dom. 1 1510 2 1511 3 1512 4 1513 5 1514 6 1515 7 1516 8 1517 9 1518 10 1519 11 1520 12 1521 13 1522 14 1523 15 1524 16 1525 17 1526 18 1527 19 1528 20 1529 21 1530 22 1531 23 1532 24 1533 25 1534 26 1535 27 1536 28 1537 29 1538 30 1539 31 1540 32 1541 33 1542 34 1543 35 1544 36 1545 37 1546 10 mon. 1. da. Edw. 6 Jan. 28 1546. An. Reg. An. Dom. 1 1547 2 1548 3 1549 4 1550 5 1551 6 1552 5 mon. 19 da. Mar. Iul. 6. 1553. An. Reg. An. Dom. 1 1554 2 1555 3 1556 4 1557 5 1558 4 mon. 22. da. Eliz. No. 17. 1558. An. Reg. An. Dom. 1 1559 2 1560 3 3561 4 1562 5 1563 6 1564 7 1565 8 1566 9 1567 10 1568 11 1569 12 1570 13 1571 14 1572 15 1573 16 1574 17 1575 18 1576 19 1577 20 1578 11 1579 22 1580 23 1581 24 1582 25 1583 26 1584 27 1585 28 1586 29 1587 30 1588 31 1589 32 1590 33 1591 34 1592 35 1593 36 1594 37 1595 38 1596 39 1597 40 1598 41 1599 42 1600 43 1601 44 1602 4 mon. 15 da. Jac. Mar. 24. 1602 An. Reg. An. Dom. 1 1603 2 1954 3 1605 4 1606 5 1607 6 1608 7 1609 8 1610 9 1611 10 1612 11 1613 12 1614 13 1615 14 1616 15 1617 16 1618 17 1619 18 1620 19 1621 20 1622 21 1623 22 1624 0. mon. 3. da. Carol. Mar. 27. 1625 An. Reg. An. Dom. 1 1625 2 1626 3 1627 4 1628 5 1629 6 1630 7 1631 8 1632 9 1633 10 1634 11 1635 12 1636 13 1637 14 1638 15 1639 16 1640 17 1641 18 1642 19 1643 20 1644 21 1645 22 1646 23 1647 24 1648 King Charls died the 30 of Jan. 1648. having Reigned 11 moneths above 23 years according to 28 dayes per mensem These Bookes following are Printed for Henry Twyford and are to be sold at his shop in Vine-Court middle Temple Law Bookes THe Practick part of the Law or compleat Attorney The second part of the Practick part of the Law or the Laymans Lawyer Kitchins Jurisdictions of Courts Leet Courts Barron c. Plowdens Abridgement english Abridgment of Lord Cokes comment on Littleton Abridgement of Pultons Statutes at large by Edmund Wingate Esq The body of Law with a brief Summary by Edmund Wingate Esq The Office and duty of an Executor c in 80. Richard Brownlow Esq Prothonotary of the Court of Common Pleas. Reports in 2 Vollumes the first and second part His declarations and pleadings in english Judiciall Writs english The 12. part of the Reports of Sir Edward Coke english Judge Hutton Reports in english Judge Owens Reports english An Epitomy of all the common and statute law of this Nation now in force by Wil. Shepherd Esquire The marrow of the Law or the second part of the faithfull Councellor by Wil. Shepherd esq Sir Robert Brookes reading on the statute of limitations The Booke for the drawing up of all manner of Judgements The reading upon the statute of Bankrupts by Iohn Stone esquire The Conveyancers light or the compleat Clark and Scriveners guide containing exact Presidents of all manner of assurances and instruments now in Use by the learned Judges and eminent Lawyers c. Sir Iohn Davis upon the question of impositions Tonnage Powndage Prizage customs c. The commentary upon originall Writs by Wil. Hughs esquire Coesars commentaries by Sir Clement Edmunds fol. History of the Warrs of Sweathland and Poland by Iohn Fowler esquire Sir Iohn Finnits Observations touching reception precedence the treatment and audience the Puntillioes and contests of forraigne Ambassadors Natura Exenterata or nature unbowelled being choice secrets and receits fitted for the cure of all sorts of infirmities collected by the Countesse of Arundel Anti-Socinianisme being a confutation of the Socinian heresies with a description of their lives and deaths by N. Cheney M. A. The life of St. Paul St. Bonaventures Meditations Soliloquies and Prayers Mr Crag against Tombes with Mr. Crags reply to Mr. Tombes his answer Stevensons Poems European Mercury describing the waies and Stages through the most remarkeable parts of the world An exposition on the 4th Article of the Apostles Creed by Io. Crompe M. A. The humble remonstrance of Sir Iohn Stawell The vindication of Sir Iohn Stawels Remonstrance The discontented Colonell by Sir Io. Sucklin a Play The Floating Island by Strowd a Comedy Courteous Reader these Books following are Printed for and sold by Thomas Dring at the George in Fleetstreet near Cliffords Inne ARtamenes or the Grand Cyrus an excellent new Romance written by that famous Wit of France Monsieur de Scudery Governour of Nostre-dame and now englished by F. G. Esq Fol. The Continuation of Artamenes or the Grand Cyrus that excellent new Romance being the third and fourth Parts written by that Famous Wit of France Monsieur de Scudery Governour of Nostre dame now englished by F.G. Esq Fol. The third Volume of Artamenes or the Grand Cyrus that excellent new Romance being the fifth and sixth parts written by that famous wit of France Monsieur de Scudery Governour of Nostre-dame and now englished
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
Administration of the goods at this day to the Wife if she require it or children or next of kin if they refuse it as often they doe because the debts are greater then the estate will beare then some Creditors or some other will take it as the Bishops Officers shall think meet It groweth often in question what Bishop shall have the right of proving Wills and granting Administration of Goods In which Controversie the rule is thus That if the party dead had at the time of his death Bona notabilia in divers Diocesses of some reasonable value the Arch-bishop of the Province where he died is to have the approbation of his Will and grant the Administration of his Goods as the case falleth out otherwise the Bishop of the Diocesse is to do it If there be but one Executor made yet he may refuse the Executorship coming before the Bishop so that he hath not intermeddled with any of the Goods before or with receiving Debts or paying Legacies And if there be more Executors then one so many as list may refuse and if any one take it upon him the rest that did once refuse may when they will take it upon them no executor shal be further charged with Debts or legacies then the value of the goods come to his hands So that he foresee that he pay Debts upon Record Debts to the King Then upon Judgments Statutes Recognizances then Debts by Bond and Bill sealed Rent unpaid Servants Wages payment to head-workmen and lastly shop-Shop-books and Contracts by word for if an Executor or Administrator pay Debts to others before to the King or Debts due by Bond before those due by Record or Debts by shop-Shop-book and Contracts before those by Bond Arrearages of rent and Servants Wages he shall pay the same over againe to these others in the said degrees But yet the law giveth them choice that where divers have debts due in equall degree of record or specialty he may pay which of them he will before any Suit be brought against him but if Suit be brought he must first pay them that get Judgment against him Any one Executor may convey the Goods or release Debts without his Companion and any one by himselfe may do as much as all together But one mans releasing of Debts or selling of Goods shall not charge the other to pay so much of the Goods if there be not enough to pay debts but it shall charge the party himself that did so release or convey But it is not so with Administrators for they have but one Authority given them by the Bishop over the Goods which Authority being given to many is to be executed by all of them joyned together And if an Executor dye making an Executor the second Executor is Executor to the first Testator But if an Administrator die intestate then his Administrator shall not be Executor to the first But in that case the Bishop whom we call the Ordinarie is to commit the Administration of the first Testators Goods to his Wife or next of kin as if he had died intestate Alwaies provided that that which the Executor did in his life time is to be allowed for good And so if an Administrator die and make his Executor the Executor of the Administrator shall not be Executor to the first Intestate but the Ordinarie must new commit the Administration of the Goods of the first Intestate Again if the Exetutor or Administrator pay Debts or Funeralls or Legacies of his owne money he may retaine so much of the Goods in kind of the Testator or Intestate and shall have property of it in kind Legacy PRoperty by legacie is where a man maketh a Will and Executors and giveth legacies he or they to whom the Legacies are given must have the assent of the Executors or of one of them to have his Legacy and the property of that Lease or other Goods bequeathed unto him is said to be in him but he may not enter nor take his legacy without the assent of the Executors or of one of them because the Executors are charged to pay debts before legacies And if one of them assent to pay legacies he shall pay the value thereof of his own purse But this is to be understood by debts of Record to the King or by Bill and Bond sealed or Arrearages of Rent or Servants or Work-mens Wages and not debts of shop-Shop-books or Bills unsealed or Contract by word for before them legacies are to be paid And if the Executors doubt that they shall not have enough to pay every legacy they may pay which they please first but they may not sell any speciall legacie which they will to pay debts or a lease of goods to pay a money legacy But they may sell any legacie which they will to pay debts if they have not enough besides If a man make a Will and make no Executor or if the Executors refuse the Ordinary is to commit Administration cum Testamento annexo and take Bonds of the Administrators to performe the Will and he is to do it in such sort as the Executor should have done if he had been named A Lease was made to one William Cecill for the terme of one and forty yeares if he so long live and if he dye within the terme aforesaid Remainder void fol. 56. then E. the wife of the said W. should have and hold all the said Premisses for the residue of the said terme if she so long live and if she die within the same terme then W. Cecill Son of the said W. Cecill should have and hold all the Premisses for the residue of the terme aforesaid unexpired By Catelin and Dier the Remainders are all void because that the terme is determinable on the life of W. Cecill so the residue of the said terme may not remaine Dyer fol. 253. Releases AS a Release of Suits is more large and beneficiall then a Release of Querela's or of Actions so a Release of demands is more large and beneficial then any of them for thereby is released all that which are released by the others and more By a release of all Demands all Free-holds and Inheritances Executory are released as Rents and the like by a Release of all Demands all Executions are released by a Release of all Demands to the Disseisor the right of entry to the land and all which is contained within it is released So it is resolved in Chamies case 34 H. 8 titulo Release that he which releaseth all Demands excludeth himself of all Actions Entries and Seisures Littleton holdeth cap. Garranties 80. 170. That if Tenant in taile enfeoff his Uncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed release to his Uncle all manner of Warranties or all manner of Covenants reall or all manner of Demands by such Release the Warranty which is a Covenant reall and executory is extinct And the reason of all that was
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 10● 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 notwith●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
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 Geldi●… 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. ALne●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 Beragi●… 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 Col●…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 Circse● 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 ●…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 indicō 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 qu●…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 Pad●…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 S●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