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A68633 An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set foorth and augmented, both in french and English, for the helpe of such younge students as are desirous to attaine the knowledge of ye same. Whereunto are also added the olde Tenures; Expositiones terminorum legum Anglorum. English and Law French Rastell, John, d. 1536.; Rastell, William, 1508?-1565. 1579 (1579) STC 20706.5; ESTC S115758 196,680 894

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their dwelling places their degrées y e thīg graūted vpō what cōsideratiōs the state limitted the tyme when it was graunted and whether simply or vpon condition with other such lyke circumstāces But whether the parties vnto the déede writ in the ende their owne names or set thereto their markes as it is cōmonly vsed it maketh noe matter at al as I thinke ▪ for that is not ment where it is sayde that euerie déede ought to haue wrytynge The second poynt is sealinge which is a farder testimony of their consents to that contained in the déede as appereth by these wordes In witnesse whereof c. alwayes put in the later end of déedes wythout whych woordes y e deede is insuffycient And because we are about sealing and signing of deedes it shal not bee a misse brother Nicholas here to shewe you for antiquities sake the maner of signing subscribing of déedes in our auncestors the Saxons tymes alfashion different from that wée vse in these ourdaies in this that they to their déedes subscribed their names commonly addinge the signe of the crosse and in the end did set downe a great number of witnesses not vsing at that time any kynde of seale And wée at thys day for more suerty both subscribe our names although that bée not very necessary as I haue aforesayde put to our seales vse the helpe of testimony besids That former fashiō continued throughout vntyll the tyme of the conquest by the Normans whose maner by litle and litle at the lēgth preuayled amongst vs for the first sealed Charter in Englande is thought to bee that of king Edward the confessour to the Abbey of Westminster who beinge brought vp in Normandy brought into thys Realme that and some other of their guises with him And after the comminge of William the Conquerer the Normans lykynge their owne countrey custome as naturally all nations do reiected the maner y ● they sound here and reteined their owne as Ingulphus y e Abbot of Croyland who came in with the conquest witnesseth sayinge The Normans doe chaunge the making of writings which were want to bée firmed in England with Crosses of Gold and other holy signes into the printing waxe and they reiect also the maner of y ● English writing Howebeit this was not don all at once but it increased came forward by certen steppes and degrées so that first and for a season the kinge onely or a fewe other of y e nobilitie besides him vsed to seale Then y ● noble men for the most part and none other whych thinge a manne may sée in the hystory of Battell Abbey where Rycharde Lucy chyefe Justice of England in the time of king Henry the second is reported to haue blamed a meane subiect for that hée vsed a priuate seale when as that pertayned as he sayde to the kyng and nobilitie onely At which time also as Iohn Rosse noteth it they vsed to ingraue in their seales their owne pictures counterfaites couered wyth a longe coate ouer their Armours But after this the Gentlemen of the better sort tooke vp the fashion and béecause they were not al warriours they made seales ingrauen wyth their seuerall Coates or shyeldes of armes for difference sake as the same aucthour reporteth At the length about the time of kinge Edwarde the thirde seales became ver● cōmon soe that not only such as bore armes vsed to seale but other menne also fashioned to them selues signets of their owne deuise some takynge the letters of their owne names some flowers some knottes florishes some birdes or beastes and some other thinges as wee nowe yet dayly beholde in vse Some other maner of sealinge béesides these haue ben herd of amonge vs as namelye that of king Edward the third by which he gaue To Norman y ● hunter the hop the hoptowne with al the boundes vp side downe And in witnesse that it was sooth he bit the waxe with his fore tooth The like to this Brother Nicholas our reuerend and good father amonge other antiquities seruing my purpose shewed mée in a lose paper but not very aūtiētly wrytten and therefore hée willed mée to estéeme of it as I thought good it was as followeth I William king geue to thée Powlen Koiden my hope and my hoplandes with the boundes vp downe from heauen to earth from earth to hel for thée and thin● to dwel from mée and mine to thée and thine for a bowe and a brode sagit quāt ieo veigne pur hūter sur yarrowe En testmoigne que ceo est veray ieo mord cest cere oue madent En la prence de Magg Maud Margery Et mon iij. fits Henry Item ceo de Alberic de veer conteinaunt le donation de Hatfield al quel il fixe vn curt noyer haft cuttell semblable al vn viel demy denierwhit tle en stede de vn sigille oue diūs tiels sēblables Mes asc ' peraduenture voilent pēse q' ceux fueront receiue en common vse et custome et que ils ne fuerount les deuifes pleasures dun peu singuler persons such are no lesse deceiued then they that deme euery charter and wrytinge that hath no seale annexed to bée as auncient as the Conquest whereas in déede sealinge was not commonlie vsed til the tyme of kinge Edward the iij. as hath ben already said The third point is deliuery which although it be set last is not the least for after that a déede bee written and sealed if it be not deliuered al y e rest is to noe purpose And this deliuery ought to be done by the partye him selfe or his sufficyent warraunt and so it shall binde him whosoeuer wrot or sealed the same and by this last act the déede is made perfect according to the intent and effect thereof and therefore in déedes the deliuerie is to be proued c. So thus you see y ● writinge sealing without deliuery is nothīg to purpose That sealing deliuery where there is noe writinge woorketh nothing Nor writinge and delyuerie wythout sealinge also maketh noe déede Therefore they al ought ●oyntlye to concurre to make a perfect dede as is before said Farme or ferme FArme or ferme is the chiefe measuage in a village or towne and thereto belonginge great demeasnes of al sortes hath bene vsed to be let for terme of life yeres or at wil. Also the rent y ●is reserued vpon such or like leases is called farme or ferme And farmor or fermor is he that occupieth the farme or ferme or is lessée thereof Also in some places counties euery lessée for life yeres or at wil although it be of neuer soe smal a cottage or house is called farmor or fermour And note that they a● called farmes or fermes of y ● Saxon woord Feormian which signifieth to féede or yelde victuall For in the aunciēt time their reseruations were as well or for the more part in victualles as money