cast up will shew you the yeare of our Lord in which the years shall end so that if your Lease commenced at Michaelmas it will end at Michaelmas in the same yeare Or if it begin the twenty fourth of March in that yeare which is but one day before the end and change of the yeare then it will end the twenty forth of March the said yeare As for example A Lease began Michaelmas Anno. 7. Eliz. 1564. to endure for the terme of ninetie yeares I demand how many yeares is to come of this Lease and when the same terme of yeares will be determined first I set downe the day of the Month and the yeare of our Lord in which the Lease tooke his commencement as at Michaelmas 1564. unto which summ I adde the number of yeares which was granted by the Lease being ninety yeares which being cast up maketh the summe to be one thousand six hundred fifty four in which yeare at Michaelmas the yeares will be expired and the Lease determined then to know how many yeares are to come of the same Lease I set downe the Lease will expire and then substract out of that summe the yeare of our Lord which then is as for example one thousand six hundred twenty eight whereby I find the substracted number to be twenty six and so many yeares there is yet to come from Michaelmas 1628. A Lease was made for eighty yeares to commence at Michaelmas 1567 80 1647. the Lease will end The yeare of our Lord 1628 substracted sheweth that 0019. there is 19. yeares to come at Michaelmas 1628. A Warrant to Summon a Court of Surveigh THese are to will and in his Highnesse name to require you to give notice warning to be given to all singular the Tenants aswell Freeholders as Copiholders and they that hold by Lease or at Will of or within his Highness Mannor of C. in the County of S. that they and every of them do make their personal appearance at his highnes Court of Surveigh there to be holden upon Wednesday next being the 16. of July 1655. by 8. of the Clock in the forenoone of the same day at the usuall place of keeping the Court of the same Mannor and that they and every of them do then and there bring and shew forth or cause to be brought and shewd forth all their Deeds Leases Copies of Court-Rolles and all other their evidences whereby they and every of them doe pretend or claime to hold any Lands and Tenements whatsoever of or belonging to the said Mannor And also that they and every of them doe then and there bring and shew forth all such Rentalls Court-rolls Surveighes Terrats Suit-rolls and all other Escripts Writings Minuments and Records which they or any of them have any way concerning the said Mannor or any part member or parcel of the same and to give such further attendance in and about his Highnesse said service of survey as shall be of them and every of them necessarily required wherof faile not as you tender his Highnesse service dated c. Your loving friend I. N. To the Bayliff of his Highnesse Mannor of C. or to his deputy or to every of the Tenants of or belonging to the said Mannor and the members thereof Cause this to be published in the Church at the time of divine service and cause the under Tenants to give notice to them whose undertenants they are that dwell remote ARTICLES to be enquired of at a Court of Survey and Court-Baron for the Mannor c. 1. IMprimis you shall declare the true circuit and generall Boundarie or Boundaries of this Mannor Butts and Bonds and how farr and into what place or places doth the same extend and upon what other Lords Lands doth the same bound and border aswell on the East West North and South sides and whether have any of the generall or utmost bounds Meers or Markes been altered and by whom and where Concealments 2. Item whether do any person or persons within the precinct of this Mannor or any other whatsoever covenously conceale and wrongfully occupy any part or parts of this Mannor and who the same persons be and where and in what place and what be the names of the grounds concealed or encroached and in whose occupation be they and how long have the same been concealed or enclosed The mansion house demean lands 3. Item you shall enquire of the chiefe Scyte and Capitall Mansion house of this Mannor with the perticular Members and buildings and what demeane Lands Meadowes Pastures Arable Grounds Woods Underwoods hereditaments whatsoever are belonging to the same what be their severall names and where and in what parts of the Mannor doe the same lie and how be they butted and bounded and who be now the occupiers thereof and under what Estates Rents Herriots or services to your knowledge 4. Item what free-hold Lands Freehold Tenements or hereditaments be holden of this Mannor who be they that be seised thereof and what Rents reliefes workes customes or other duties do they pay or ought to pay for the same and by what tenure to your knowledge doe they and every of them hold and how are they butted and bounded and what quantity and number of Acres do the same containe and what is the true yearly value thereof 5. Item Copy-hold lands what Lands or Tenements be holden by Copy of Court-Roll within this Mannor who they be that are seised thereof and what Rents Herriots works customes or other duties do they pay or ought to pay for the same and what quantity and number of Acres do the Tenants severally hold and the quality therof and what is the true yearly value of the same 6. Item Tenants at will Tenants by Indenture Who be they that be tenants at will or tenants by Indenture what lands or tenements doe they hold or what rents or duties do they pay or ought to pay for the same and what is the quantity or yearly value therof 7. Item Decay of houses whether there be within this mannor any ancient houses decaied or fallen downe or any houses or buildings out of reparations and where and how long have the same been ruinous decayed or out of reparations and in whose default and to what charge or value would the new erecting or repairing of them or any of them amount unto 8. Item you shall enquire of all the falling down Wast Woods destruction and wasts of any Woods Underwoods or Trees in and upon the said Mannor or any part or parcell thereof made or done by any person or persons and by whom where and when and to what value Names of commons c. 9. Item what be the names of the Lords VVasts Heaths or Commons of what name or kind soever belonging to this Mannor which of them are free for the Lord of this Mannor to use in severalty and who be they that doe enter-common
his wife and to the heires of A. of her body by I. to be begotten * Tail generall in the husband the wife for life only Habendum to I. and A. his wife and to the heires which I. shall beget upon the body of A. his wife both have estate taile because these words heires is not limited more to one then to the other * The wife hath taile generall the husband frank tenement Both have estate taile Taile speciall in both Habendum to I. and A. his wife and to the heires of their two bodies this is taile speciall as well in the husband as in the wife But if I. give Lands to I. A to his heires which he shall beget of A. his wife here A. hath but estate for life and I. hath estate in taile speciall but in this case if he had said to the heires and not to his heires then either of them should have had an estate in taile speciall because these words heirs is referred as well to the one as to the other If Tenant in taile speciall hath issue and die the issue is forthwith remitted to the taile generall and such issue and all his issue shall stand so seised for evermore Vses 27. H. 8. cap. 10. Creation of estates taile raised by way of limitation of uses The expression of divers and sundry uses TO have to the said Feoffees their heirs and assignes for ever by the severall uses intents and purposes and under and upon the conditions provisoes and limitations hereafter in and by these presents limited and declared and to no other use intent or purpose that is to say the aforesaid Mannors of Compton c. withall and singular their and every of their rights members and appurtenances whatsoever to the use and behoofe of the said H. P. for the terme of his life without impeachment of c. For sale of Lands to pay debts and Legacies and after his decease to the use and behoof of the abovenamed Feoffees and their heirs in trust and confidence and to the intent purpose that they the said Feoffees and the survivors or Survivor of them shall and will by sale of such parts and parcels of the Premises as they or the survivors or survivor of them or their heirs shall think fit to bee sold and by the issues and profits of the residue pay and discharge all the Debts Legacies and Funeral expences of the said Sr. H. P. and after payment and discharge of the same debts Legacies and expences shall and will conveigh and assure all the residue of the Premises limited to their use For intailing of Lands to the tenth generation and remaining unsold unto the said H. P. Esq sonne of the said Sir H P. and the heires of his body issuing and for default of such heires to the use of the said La. F. P. La. S. and I. F. and the heires of their severall bodies issuing and for default of such issue to the use of the right heires of the said Sir H. Poole for ever To the use of the first son of the body of the said K. P. lawfully to be begotten and of the heires males of the body of such first son issuing Entaile first to the issue male and then to the issue female when they shall come to the age of 〈◊〉 And the said Mannors of S. P. C. c. and all other the Premises whereof and wherein there is not any use in and by these presents already specially lymited and declared to the use and behoofe of the said Sir H. P. Knight for the terme of his life without impeachment c. And from and after his decease to the use and behoofe of the said H P. son of the said Sir H P. for the tearme of the life of the said H P. the son without impeachment c and from and after his decease to the use of the first son to be begotten of the said H. P. son of the said Sir H. P. and of the heires males of the body of the said first son issuing and so on to the tenth son and for default of such heires to the use of every other the sons to be begotten by the said H. son of the said Sir H P. as they shall be in seniority or age and of the heirs males of the severall bodies issuing that is to say as for and concerning the Mannors of c. with their and every of their severall rights members and appurtenances to the use of him the said H. P. for and during the tearme of his naturall life without c. and from and after his decease to the use of the first son of the body of the said H P lawfully to be begotten A Fine was levied to the A. uses of and the heries males of his body untill hee or the heirs males of his body have done such an act and after such a thing or act done to the use of another in taile died without issue without anything done and it was adjudged that the remainder was in contingency shall never fall Coke 10. a part fo 85. Uses Jointer for the Wife Taile speciall and of the heires males of the body of such first son issuing and so to the tenth son And for default of such issue then to the use of every other the sons c. and for default of such issue to the use of B P. the now first begotten daughter of him the said H P. from and after such time as the shall accomplish the age of sixteen yeares for and during the terme of her life and after her decease to the use of the first Son of her body which shall be begotten by such her husband which shall be of the sirname and blood of the Pooles and of the heires males of the body of such her first son issuing and so to the tenth son Then entaile the lands in forme aforesaid to the first 2. 3. 4. 5. and tenth daughter and this limitation following and to the use of the Executors of him the said H P. for and untill such time as the severall daughters which shall take any benefit by vertue of these presents shall accomplish their severall ages of 16. yeares respectively and after the death of the said H P. without issue male or female qualified as aforesaid Then to the use of Dame F P wife of one Sir N P Knight sister of the said H P for and during the terme of her naturall life and after her decease to the use of H P. Esq the first son of the said sir N. P. and Dame F and of the heires males of the body of the said H issuing and so to the tenth son And for default of such issue then to the use of the right heires of the said H P party to these presents for ever And as for and concerning the Mannors of C and S to the use of the said H P for
the terme of his life without c. and from and after his decease to the use and behoofe of B. P. his wife for and during the terme of her life for her joynter And from and after the severall deceases of them the said H and B P. then to the use of the heires males of the body of the said H P lawfully to be begotten And for default of such issue then to the use of Dame F. P. for and during the terme of her life untill such time as she the said Dame F. or any other by her allowance shall by any publick act by him or them done or suffered to be done seek endeavour To the use limited for life untill she shall practise to do an act or put in practise for to avoide or question the joynter of the said B P either in part or in all or any other estate grant Lease or use whatsoever now made or at any time hereafter to be made and limited by the said H P of any part or parcell of the said Mannors Lands and other the Premises and immediately from and after such publike act as aforesaid or after the decease of the same Dame F then to the use of H P Esquire son of the said c. untill c. And for and concerning the inclosed ground and Park to the use and behoofe of the said H P for his life To the use of a woman for part of her Joynter Joynter by way of the lymitation of a yearely anuity and after his decease to the use of the said Dame G. for terme of her life for part of her Joynture And after her decease to the use intent and purpose that such other wife as the said H P. shall have at his decease other then the said Dame G shall and may receive and take out of the said Parke ground and other the last mentioned Premises one yearly rent of 200 pounds of lawfull money of England for the terme of the life of such wife for her joynter the said rent to be paid at the feast of St Michael the Arch-angell and the anuntiation of our Lady by equall portions And after c. to such uses intents and purposes Vses limited to ones last will and testament and for want of such will to any other uses c. vide plus 18. 2. 8 Vses first of all raised for divers mens lives as the said H P by his last will and Testament in writing or by any writing or by any writing to be made by him sealed and subscribed shall limit and declare and for default of such limitation or declaration to the use and behoofe of the said H P. and his heires for ever That is to say to the use and behoofe of the said F M and of his Assignes for and during the joynt lives of him the said F M. and the said E M his son without impeachment c. and from and after the decease of the said F in case the said F shall fortune to depart this present life during the life of the said E M. his son then as for and concerning the mannor and Lordship of T. with all his rights members appurtenances to the use and behoofe of the said A. now wife of the said F F.M. and of her assignes for and during the terme of her naturall life if the said E. M. the son shall happen so long to live and from and after the decease of the said E. M. Vses raised for satisfaction of Joynter dower then as for and concerning the Scite or chiefe Mansion house c. to the only use and behoofe of the said B. for terme of her naturall life for and in full satisfaction and recompence of all such Joynter and Dower as to the same B. shall or of right ought to belong or appertaine by from and after the decease of the said E. M her husband And as for and concerning the residue of the said Mannor of c. to the onely use and behoofe of the said A. and of her assignes absolutely for tearme of her life in full satisfaction of the Joynter of the said A. And then after the lives ended the use of the reversion expectant on those lives is setled And as for and concerning the reversion and reversions remainder or remainders of the said Mannors c. as the said uses estates and interest therof herein before lymited or expressed shall be fully ended and determined and for and concerning the said Mannor of c. as the estates and interests therof before limited or expressed in these present Indentures shall fully end and determine Then to the use and behoofe of the said F. M. for terme of his naturall life without c. and from and after his decease then to the use and behoofe of E. M. for terme of his life without c. and from and after his decease to the use and behoofe of the first son to be begotten by the body of the said E. M. and of the heires males of the same first son lawfully begotten To the use of every other the sons as they shall be in seniority or age Lands conveighed to uses for the raising of portions for daughters and so to the second son unto the tenth son And for default of such issue then to the use and behoofe of every other the sons to be begotten by the body of the said E. M. successively as they shall be in seniority or age and of the heires males of their severall bodies lawfully begotten And for default of such issue then to the use and behoofe of all and every the daughters which the said E. M. shall have begotten on the body of the said B. at the time of his decease being then unmarried and of their assignes from and after such time as each of them shall have accomplished their severall ages of 18 yeares or be married to and untill such time as every of the same daughters successively one after another as they shall be in seniority or age shall or may levy receive and take to every of their own propper uses and behoofes of the rents profits and issues of the Premises the severall summes of 300. pounds a peece of currant money of England or otherwise shall be fully satisfied contented or paid of the said severall summes by such person or persons to whom the next immediate reversion or remainder of the premises shal then by the intent and meaning of these presents of right belong and appertaine And from and after such time as the said severall sums of 300. pounds shall be fully levied received or paid as is aforesaid c. and for default of such daughters whichsoever of them shall first happen Then to the use of T. M. second son of the said F. M. for tearme of his life and so on with an intaile as before and for default of such issue then to the use and behoofe of the said E.
the Mannor house c. And if it shall happen the said yearly rent of 100. pounds or any part or parcel therof to be behind unpaid in part or in all by the space of 40. dayes over or after any the said Feasts or dayes of payment thereof before mentioned at or on which the same ought to be paid as aforesaid that then and so often without any demand to be made at the said Mannors or either of them or other the Premises or to the person of the said H. P. his Executors and Assignes the said H. P. his Executors Administrators and Assignes shall forfeit loose and pay for and in the name of a paine or nomina paenae the summe of 5. pounds of c. and then and from thenceforth it shall and may be lawfull to and for the said A. B. C. D. their Executors Administrators and Assignes or any or either of them into the said Mannors Lands Hereditaments and Premises with the appurtenances to enter and distraine as well for the said rent of 100. pounds or any part or parcell thereof so behind and unpaid and the arrearages thereof if any bâ—… as also for the said sum of 5. pounds nomine paenae so to be lost as aforesaid and the distresse and distresses so there taken and had lawfully to lead drive take carry away imparke and impound and in pound to detaine and keep untill they shall be thereof lawfully satisfied and paid And if it shall happen the said yearely rent of c. A re-entry for non payment of rent though no demand be made of the rent vide plus fo 13. or any part or parcell thereof to be behind and unpaid in part or in all by the space of 40. dayes over or after any or either the said Feasts or daies of payments therof before mentioned at or which the same ought to be paid as aforesaid that then and so often and without any demand thereof as aforesaid it shall and may be lawfull to and for the said A. B. C. D. their or either of their Executors Administrators or Assignes into the said Mannors and Premises with the appurtenances to re-enter and the same to have againe retaine repossesse and enjoy as in their first and former estate any thing herein to the contrary contained in any wise notwithstanding Note when any summ nomine paenae shall be forfeited demande must be made precisely at the day a convenient time before sun setting In the one case in respect of the condition and in the other in respect of the penalty unlesse it be made without any demand as it is in this last case before Coke 7. part fo 28. Maundes case Demand of Rent and how it ought to be made to take benefit of a re-entry How to make a perfect demand to re-enter for non-payment of rent ANd if it happen the said rent to be behind and upaid by the space of ten daies after any the said Feasts c. The last instant of the last ten daies is only of effect aswell for the Lessee to be ready to pay it as for the lessor to demand it and to demand it the last instant of the tenth day is sufficient for him without any demande at the first day or Feast when it was first due Howbeit the Lessor must make demand the last instant of the tenth day before the sun setting or else he may not re-enter and if the lessor do not come upon the land the last instant of the last day for to demand the rent nor the Lessee is there to pay it the Lessor shall never enter because he ought to do the first act viz. to demand it and such demand shall not be untill the other be holden to pay it and that is not till the last instant of the last day which time is onely materiall for them both Plowden fo 173. If a man make a Lease for life or yeares rendant rent at such a Feast and if it be behind that he shall enter there the Lessor ought to come to the Land and demand the rent otherwise he shall never enter for there the rent is onely payable upon the land and the land is his Debtor and therefore though the Lessee be absent yet the lessor ought to demand the rent of the Land as of the principall Debtor and as that which may yeild a distresse if the rent be not ready thereupon for if he doth not make a demand he shall never enter for default of payment although the lessee be absent for the lessors being upon the land at the extreame time of payment of the rent and to testifie to the jury that he was there ad petendum redditum and not prove quod petebat redditum his being there before sun set and staying there after sun-set doth nothing availe Plowden Kedwelley vers Brande If a Lease be made rendant rent with re-entry for default of payment if the rent be behind and title of entry given and then the lessor distraineth for the rent he shall never enter afterwards for that rent then behind because that by the distresse he affirmeth the terme to have continuance Plowden fo 133. If the lessor made an acquittance to the Lessee for rent behind after the time in which the condition is supposed to be broken hee shall never re-enter afterward If one Lease two Acres for life rendant to him and his heires for the one 12. pence and rendant to him 12. pence for the other his heir shall not have the 12. pence last reserved because it was not reserved to him his heires and yet if he had reserved the rent without saying any more the law would have said that he and his heires should have had it but when hee saith reserving to him the law will not helpe any further then his owne words extend Plowden fo 171. Yeilding and paying to the Lessor How tenant in taile ought to reserve the rent reserved on his lease and to every person to whom the inheritance or the reversion of the Premises shall appertaine during the terme this is a good reservation for the law will distribute it to whom any limitation of use shall be made but it was agreed that the clearest and surest way was to reserve the rent yearly during the tearme and leave the law to make distribution without any expresse reservation to any person but it was resolved that all the said three severall wayes were good and effectuall Coke 8. part fo 69. Whitlocks case Queen Eliz. made a lease for yeares rendant rent Demand where it must be made payable at her receit of her Exchequer at Westminster or to the hands of her Bayliffe or Receavor c. with the usuall condition to bee voide for non for non payment of the rent afterwards the Q. granted over the reversion to another to his heires now where the patentee should demand the rent was the question And in this case it was
and Administrator and for so much onely as concerneth or may concerne his owne act and not one for anothers act doth severally and respectively and not joyntly covenant promise and agree to and with the said E. F. c. And the said A. B. C. D. do severally covenant c. to and with the said E. this is a severall covenant without further words Coke 5 part fo 2. 3. And the said A. B. C. D. each of them severally for himself his severall heirs Executors and Administrators doth severally and not jointly covenant c. Proviso conditions the apt words to make them Vide. plus fo 186. 19. a Vid. Coke 2. pars fo 71. 72. 73. good matter touching Provisoes and conditions No condition may be made to be properly said a condition but by him which departeth with the estate and by his owne words and the words conditionall must be restraining and must compell the person to do or not to do a thing upon paine of forfeiture of the thing given and no words make a condition unlesse it be uncertaine and may be broken or kept and every condition must either go to the inlarging of the estate or utter destruction thereof and these are the apt words to make a condition Illa quod if the Lessee doth such an act Si contingat proviso semper sub conditione for these are words conditional pro in case of a grant executory maketh a condition as a grant of Annuity Pro concilio impendendo but those words ad effectum ea intentione ad solvendum or such like make no conditions If a man by Deed make a Lease for yeares wherein is this clause and the said Lessee shall continually dwell upon the Lands leased upon pain of forfeiture of the said terme the words amount to a condition Quod non licebit to the Lessee to give grant or Alien his estate upon paine of forfeiiure this will make the Lease defesible and this reason was given by the Court in the common Pleas tempore Reginae Elizabethae that a Lease for yeares was but a contract which may begin by word and by word may be dissolved But such words in a Lease for life make no condition in that a Franke-tenement cannot be avoided by word without conditional words that will give an entry tamen quere The apt words of lymitation are quam diu dum Words of limitation which determine an estate without entry or claime Vide plus fo 5. When this word proviso shall make an estate or interest conditionall three things are to be observed viz. that the proviso dot not depend upon another sentence nor participate thereof that the proviso be the word of the Bargenor Feoffor Donor Lessor c. That it be compulsary to enforce the Barginee Feoffee c. to do an act Coke 2. pars fo 71. 72 73. quousque durante as a grant out of the Mannour of Dale quam diu the Grantee shall dwell there a Lease of Land dummodo the Lesse shall pay 20. pounds a lease to a Feme dum sola vixerit a Feoffment in Fee tanque the Feoffor hath paid him certaine tanque hee be promoted to a benefice tanque the Lessee hath levied a 100 pounds If a man make a Lease quousque I. S. come from Rome a Lease for life to a Widdow si tam diu in pura viduitate viveret A Lease for a hundred yeares if the Lessee live so long dummodo solvat to the Grantor for his life 10 pounds all these are words of lymitation which determine the estate without entry or claime and if no livery bee made then those Lessees have estate but at will A man seised of Lands in Fee having issue divers sons by deed indented covenanted in consideration of fatherly love and for the advancement of his bloud or any other good considerations to stand seised of three Acrees of land to the use of himselfe for life and after to the use of Thomas his eldest son in taile and for default of such issue to the issue of the second son in taile with divers remainders over with proviso that it shall be lawfull for the covenantor at any time during his life to revoke any of the said uses c. This proviso being coupled with a use is allowed to be good and not repugnant to the former states but in case of a Feoffement or other conveyance whereby the Feoffee or Grantee c. is in by the common Law such a proviso were meerely repugnant and void If a man hath power of revocation and after to the intent to defraud a purchasor doth Levy a fine or make a Feoffment or other conveyance to a stranger whereby he extinguisheth his power and after bargaines and sells the land to another for valuable consideration the bargainee shall enjoy the Land for as to him the Fine Feoffement or other conveiance whereby the condition was extinct was void by the statute of 13. Eliz cap. 5. and so the first clause whereby all fraudulent and covenous conveyances are made void as to the purchasor extend to the last clause of the act viz. when he that makes the bargaine and sale had power of revocations and it was said that the Statute of 27. Eliz. hath made voluntary estates made with power of revocation as to purchasors with equall degree with conveiances made by fraud and covin to defraud purchasors and such volunteary conveyances which are originally subject to power of revocation be it in presenti or in futuro shall not stand against a purchasor bona fide for valuable consideration 3. part Lo. Co. fo 80. Twines case vide Twines case 3. part fo 83. And first in the case aforesaid if the covenant or who had an estate for life doth revoke the uses according to his power he is seised againe in Fee without entry or claime Secondly he may revoke part at one time and part at another Thirdly if he make a Feoffement in Fee or levy a fine c. of any part this doth extinguish his power but for that part whereas in that case the whole condition is extinct but if it be made of the whole all the power is extinguished so as to some purpose it is of the nature of a condition and to another in nature of a limitation Fourthly if he that hath such power of revocation hath no private interest in the Land nor by the Cessor of the estate shall have nothing then his Feoffement or fine c. of the land is no extinguishment of his power because it is meere collaterall to the land Fiftly by the same conveiance that the old uses be revoked by the same may new be created or limited if the revocation doth so mention Sixtly that these revocations are favourably interpreted because many mens inheritances depend on the same Note That every use ought to be raised either by covenant out of the estate of the covenantor or by Feoffment Fine
been usually lopt Tythes shall not be paid for them for as the Law priviledgeth the body of the Tree being parcell of the inheritance so doth it priviledge the Branches also so if a man cut his timber trees Tythes shall not be paid for the boughs or sprouts which are going out of the roots or stowles in respect that the root is parcell of the inheritance so if a timber tree become arda sicca non portans folia nec fructus in aestate nec existens macorin and the owner cut him no Tythes shall be paid therof in respect of the inheritance which was once in him so for the barke of Oakes being timber no tythes shall be paid but for Acornes tythe shall be paid because that groweth yearely Inheritance doth passe without livery and seisin by a grant If I grant all my Trees within the Mannor of G. to one and his heires the Grantee shall have inheritance in them without any Livery and Seisin Coke Barringtons case S. pars fo 137. And so if I grant to you my Trees in my Wood you may come with Waines or Carts over my Land to carry them Coke 11. pars fo 53. Vsery Clayton requested Reynolds to lend him 30. l. and upon communication between them Reynolds lent Claton 30. pound the sixth day of December 34 Eliz. unto the second of June next following to pay unto him for the principall and Lone thereof 33 l. upon the said second of June if the sonne of Reynolds were then alive and if he died before the day that then he should pay unto him twenty seven pounds which was 3 l. under the principals this is by the resolution of the whole Court was usery within the letter of the Statute Coke 5. pars fo 70. It was agreed between T. W. and A. G that A. Boortons case Coke 5. pars fo 69. should lend to T. W. 100 l. and that the said T. W. should grant to the said A. and his heires a rent which was in esse of 20 l. upon a condition that the said A. should lend to the said T. W. 100 l. as aforesaid And that the said T. should grant to the said A. and his heires the rent of 20 l. upon this condition that if the said T. should pay to the said A. 100 l s. the 17. of July 1580. which was a full yeare before the contract made that then the rent should cease and hereupon the money was received and the rent granted accordingly This was not within the statute of usury because nothing was to be paid by T. W. the Grantor within a yeare and a quarter after the Grant made for within the 17. day of Iuly 1579. and Christmas 1580. at which time a distres was taken for the rent no rent was limitted to be paid and if the Grantor had paid the 100 l. the 17. of July 1580. the rent had ceased without paying any thing for the same 100 l. So the whole Court adjudged that it was a plaine bargaine and conditionall purchase of such a rent and no usery But it was resolved by the Court that if it had been agreed between the Grantor and the Grantee that notwithstanding such power of redemption that the 100 pounds should not have been paid at the day and that the clause of redemption was inserted to make an evasion out of the Statute then it had been an usurious bargaine and contract within the Statute Coke 3. pars fo 69. Where a man for 100 l. selleth his land upon condition that if the Vendor or his heire repay the sum citra festum Pasch or such like then next comming that then he may re-enter that is not usury for he may repay it the morrow after or at any time before Pascâ—… And therefore he hath not any gaine certaine to receive any profit of the land And likewise where any Defeasance or Statute is made for the repayment citra tale festum But it is otherwise if the condition be that if the said Vendor repay such a day such a yeare or two yeares after this is usury for he is sure to have the Land and the rents land or profits that yeare or these two yeares And so when a Defeasance or Statute is made for the repayment at such a feast which is a yeare or two years after B. Usury 1. If a man morgage his Land upon Defeasance of repayment to re-enter by which Indenture the Vendee leaseth the same land to the Vendor for yeares rendant rent there if there bee a condition in the Lease that if the Vendor repay the same before such a day that then the lease shall be void that is not usury But otherwise it is if he be to pay it such a day certaine or such a yeare or more after B. usury 2. 32 H. 8. Inheritances lineall and collaterall Lands purchased may goe to the heires both of the part of the father and mother of the Purchasor unlesse it be once attached in the heire of the part of the Father for the heir of the part of the Mother shall never have it because they are not of blood to him that was last seised But Lands discended goeth onely to the heire of that part from whence it discends as if from the Father who did purchase it then it may goe to the heirs of the part of the mother of the same father but not to the heirs of the part of the sons mother for though they be of blood to the sonne that was last seised yet they are not of blood to the father which was the first purchasor And if a man Purchase Lands in Fee-simple and die without issue he which is next Cousin collaterall of the whole bloud how far soever he be from him in degree may inherit and have the Land as heire to him These words do intend that where a man doth purchase lands and dieth without issue and having neither brother nor sister then his next Cosin collaterall shall inherit So as there is implied a division of Heires viz lineall who shall ever first inherit and collaterall who are to inherit in default of lineal for in discent it is a Maxime in Law Quod linea recta semper praefertur transversali Lineall discent is conveyed downward in a right line as from the Grandfather to the Father from the Father to the Son and so downward collaterall discent is derived from the side of the lineall as Granfathers Brother Fathers Brother c. Vpon this word Next I put this case One hath issue two Sons A. and B. and dieth B. hath two Sons C. and D. and dieth C. the eldest Son hath issue and dieth A. purchaseth lands in Fee-simple and dieth without issue D. is his next Cosin and yet shall not inherit but the issue of C. for he that is inheritable is accounted in Law next of blood And therefore here is understood a division of next viz. next jure representationis and
it shall begin on the day in which it is delivered for the words of the indenture are not of any effect till the delivery and thereby from the making or from henceforth take their effect But if it be a die confectionis or a die datus or a datu then it shall begin the next day after the delivery If the habendum bee for the terme of twenty one yeares without mentioning when it shall begin it shall begin from the delivery for there the words take effect as is aforesaid If an Indenture of Lease beare Date which is void or impossible as the 30. day of February or the 40. of March if in this case the terme be limited to begin from the date it shall begin from the delivery as if there had been no date at all And so it is if a man by his indenture of lease either recite a Lease which is not or is void or recite a Lease amisse in point materiall which is in esse to have from the ending of the former Lease this Lease shall begin in course of time from the delivery therof Coke 5. pars fo 1 12. Eliz. Dier fo 286. 14. El. Dier 307. 5. Eliz. Dier fo 218. Re-enter and take the profits untill c. If a man make a lease for yeares reserving a rent with condition that if the rent bee behind that the Lessor shall re-enter and take the profits untill therof he be satisfied there the profits thereof shall be accounted as parcell of the satisfaction and during the time that he so taketh the profits he shall not have an action of debt for the rent for the satisfaction whereof he taketh the profits but if the condition be that he shall take the profits untill the Feoffor be satisfied or paid off the rent without saying thereof or to the like effect there the profits shall not be accounted in part of the satisfaction but to hasten the Lessee to pay it New Littleton fo 203. 30 E. 3. 7. 27 H. 8. 4. 43 E. 3. 21. Livery Seisin Tantamount Of free hold and inheritances some be corporeall as Houses Lands c. these are to pass by Livery and Seisin by Deed or without Deed some bee incorporeall as Advowsons Rents Commons Estovers c. these cannot passe without Deed but yet without any Livery And the Law hath provided the Deed instead of a Livery and so it is if a man make a Lease and by Deed grant the reversion in Fee here the Free-hold with the Attornment of the Lessee by the Deed doth pass which is in lieu of the Livery To say that money is fallen Actions on the case that he hath gone about to get poison to kill the child that such a woman goeth with that a man did lie in wait to rob one or procured another or agreed with another to murder him or sought his life for his land to call a Marchant bankerupt but not to call a Gent. c. bankerupt is not actionable to call an Attorney Ambidexter or or to say that he dealeth corruptly But words of choller and heate as to call one cousiner crafty-knave common Extortioner Drunker Witch Rogue Pillory-Knave Villain unlesse he say Villaine to such a man or regardant to such a Mannor are not actionable But if the speaker be able to justifie the words for then it is not falsely As to call a man perjured by reason of a perjury comitted in the Star-chamber Murtherer Thiefe or such like upon a conviction too but to call one Theife or Murtherer upon an inditement or common fame is actionable If one having another mans goods convert them to his owne use if a Smith cloy my horse these are actionable but not if he take him to cure without warranting of him and doing all he can yet the Horse impaire If being committed to the Goale the Jaylor of malice put upon me two many Irons or otherwise use mee so hardly that I become lame thereby this is actionable Sir Hen. Finch fo 186. A grant by an Infant under the age of twenty one yeares A grant one out of his right mind whom wee call non sanae memoriae or non compos mentis or one compelled to doe an act either by duress of imprisonment or feare of some bodily hurt threatned to himselfe but not to his Father mother Brother c as losse of life and member or though it be but of imprisonment for imprisonment is a corporeall paine and one may be imprisoned that he die of it otherwise of menace to breake or burne downe ones house for that is but the losse of ones goods is avoidable and may be avoided at any time by entry action c. if they deliver it with their hand as in a grant of a rent advowson c or a Feoffment by letters of Attorney it is meerely void and nothing at all passeth So if a grant made by one which hath no understanding as if he be borne Dumbe Deafe and blind but one Dumb may make a good grant or borne dumb and deafe for diverse may have understanding by their sight only though dumb and deafe If an infant bargaine for his necessary meat drink and apparell c. it shall bind him Other Grants of his where himselfe hath likewise benefit we call it quid pro quo are onely voydable and not void as if he let lands for yeares reserving a rent Sir H. Finch fo 102. Pretended right None shall buy sell or get or take promise or grant to have any pretended rights or titles to lands c. except the seller or these by whom he claimeth were in possession or took the profits by the space of a yeare next before upon paine that the sellor c. shall forfeit the value of the land and likewise the buyer knowing the same provided he that is in lawfull possession by taking the yearly profits may buy c. anothers pretended right 32 H. 8. ca. 9. Tole in market The seller shall not pay Toll but the buyer neither shall a man pay Toll for the things he bringeth to the Faire but for the things he selleth but by the custome he may for every thing brought to the faire and for his standing also Finch fo 166. If the Parson of a Church purchase a Mannor within his Parrish now by this purchase and unity of possession the Mannor which was titheable before is now made non decimabilis because hee cannot pay tithes to himselfe but if the Parson make a Lease of his Parsonage and Rectory to a stranger now the Parson himselfe shal pay Tythes of his Mannor to the Lessee of the Rectory and if the parson make a Feoffment of the Mannor the Feoffee shall pay Tythes to the Feoffor Parson because that Tythes may not be extinct by any unity of possession as rent-charge may which is issuing out of Lands but tythes are due by the Law of God ex debito by the manurance and
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