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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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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
to the Major to make Certificate notwithstanding the first Certificate and to have out of the Chancery a new Capias or no or whether at the suite of the Executors the Justices of the Bench might have awarded an alias Capias or a Writ of extent upon the first proceeding or not But it was agreed by the Court that no Scire facias did lie in this case but upon oath made by the Executors in the Chancery that the debt is not satisfied they shall have a new Certiorari to the Major c. to make a new Certificate of the Statute and so to begin all anew again Dier 180. Satute Staple THe Statute Staple is of two sorts or in two manners the one by force of the Statute 27 E. 3. cap. 9. the other by force of the Statute 23 H. 8. cap. 6. The first is an obligation of Record acknowledged before the Major of the Staple in presence of one of the Constables of the same Staple and is sealed with the seale of the Staple and Seale of the party but such Statute Staple shall not be taken but onely amongst Merchants of the same Staple and for Marchandizes of the same Staple 23 H. 8. ca. 6. The other is an obligation also of Record and of the same nature and force as the first is as to the execution thereof But it is acknowledged before the one of the chief Justices and in their absence out of Terme before the Major of the Staple at Westminster and the Recorder of London and is sealed with their Seales viz. with the Seale of the Connusor of the King and of one of the said Justices or of the Major and Recorder 23 H. 8. cap. 6. The formes of these Statutes Staple vide West 108. 109. Note that all Statutes Merchant and Staple shall be brought to the Clarke of the Recognizances within 4 Months and inrolled within six months or else such Statute shall be void against Purchasors c. 27. Eliz. cap. 4. A Statute Staple must be certified into the Chancery in the like manner as a Statute Merchant and upon that Certificate a Writ of execution shall go presently forth both against the body si laicus sit and against the lands and goods of the Connusor returneable in the Chancery in the petty-bagg Office there and not into the Court of common Pleas or Kings Bench as the Writs of Execution upon a Statute Merchant shall and upon the Writ of execution the Sheriff shall take the body of the Connusor and shall also per sacramentum proborum legalium hominum juxta verum valorem Fitz. 131 d. presently extend and price and shall seise into the Kings hands his Lands his Goods and Chattels and that extent and prizement or valuation of the Lands and goods shall returne and certifie into the Chancery as aforeraid and therupon the Reconusee shall have another Writ called a liberate to the Sheriff out of the Chancery to deliver to the Conusee those lands and goods to the value of his debt and upon that liberate delivered to the Sheriff then such lands and goods as are taken in execution shall be delivered to the Connusee by the Sheriff and not before And this execution shall be made in manner as is before declared upon a Statute Merchant 27 E 3. cap. 9. Plow 62. b. And so note that upon a statute Merchant the connusor shall bee imprisoned for halfe a yeare and if hee doth not sell his lands within the same time for to pay his debts then his lands shall be delivered to the obligee until his debt be satisfied And upon statute staple the Debitor or connusor after that hee is taken shall not have liberty to sell his lands and goods within the halfe yeare as he shall have upon Statute Merchant But by force of this statute Staple if the money be not paid at the day forthwith after certificate therof in the chancery the creditor may have Execution of the body Lands and goods of the Debitor ss the connusor shall be imprisoned and all his lands and goods shall be extended instantly 27 E. 3 cap. 9 Also note that upon Statute staple the extent shall be first made and returned and aftet a Writ of liberate shall be awarded but delivery shall not be made at the beginning untill the thing appeareth certainly by the return of the Sheriff Plow 62. b. All obligations and specialties made to the King or to his use for any cause shall bee of the same force as Statute Staple is 33 H. 8. cap 59. and so for obligations made by parsons for their first fruits 26 H. 8. cap. 39. The lands of many Accomptants to the King shal be liable and put in execution as if they had been bound in Statute Staple 13. Eliz. Cap. 4. The heir that claimeth by the gift of his Ancestor shall be bound to pay the Kings debt 33 H. 8. cap. 39. The heir in taile by the same Statute shall be liable to pay the Kings debt due by his Ancestor Plow 240. b. 249 b. 554. b. Fitz. 217. c. But if tenant in taile become in debt to the King by receipt of the Kings moneyes or otherwise unlesse that it be by judgement recognisance obligation or other specialty and dieth the land in the seisin of the issue in taile by force of the said act of 33 H. 8. shall not be extended for such debt of the King For the Statute of 33 H. 8. extendeth only to the said 4. cases and all other debts of the King remain at the common law Execution upon Statute IF Tenant in Taile become in debt to the King by one of the said 4. wayes scil by judgment recognisance obligation or other specialty and dieth and before any prosces or extent the issue in taile bona fide alien or Lease the Land intailed now this Land shall not be extended by force of the said Act of 33 H. 8. C. 7. 22. So where debt was originally due to a subject and after comes or accrues to the King by reason of attainder Out-lawry Forfeiture gift of the partie or by any other way or meane such debt is not within the said Statute of 33 H. 8. to charge lands intailed in the possession of the heir in taile Co. 7. 22. But lands in fee-simple were extendable at the common law for debt of the King into whose hands soever they should come and therefore as to them the said Statute of 33 H. 8. was not but a declaration of the ancient law Co. 7. 21. Two Joyntenants in fee the one of them being a debtor of the King dieth the other shall hold discharged Fitz. Execut. 113. The heire shall bee chargeable to pay debt of the King although he bee not named or that this word Heir be not comprised within the recognizance obligation or specialty 33 H. 8. cap 39. The King shall be preferred in his suit and execution before common persons by the Statute 9 H. 3.
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 latroni● 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 Li●…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 w●ll of themselves as of all other Felons