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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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2. What is the present worth of an annuity or rent of 50. pound per annum payable yearely for 21. yeares accounting compound interest after the rate of 6. per cent per annum In the second columne of the 6. Table right against 21. yeares is 11.75407 which being multiplyed by 50. the product is 588.20350 from which cutting off 5. figures for the decimall parts of the number found in the table the answer is 588 l. and reducing the parts 4. shillings 3. farthings Question 3. What annity to begin presently and to continue 21 yeares payable at yearely payments will 588. pound 4. shillings 3. farthings purchase compound interest being reckoned at 6. per cent per annum In the second column of the 7. Table right against 21. yeares is 085. which being multiplied by 588. 203125. the Decimall of 588 l. 4. shillings 3. farthings the product is 49 998065325. from which if you cut 9. figures for the number of parts in both the termes given the yearly annuity is 49. pounds and the Decimall 99806 c. gives 19 s. 11. pence 2. farthings Question 4. What is an annuity of 25. pounds per An. for seven years payable yearly and to begin 3. years hence compound interest after the rate at 6. per cent worth i●… present First find by the second question of this Chapter what an anuity of 25. pounds per annum for 3. yeares at the rate propounded is worth in ready money and then what an annuity of 25. pounds per annum for 3. and 7. yeares that is for 10. yeares at the same rate is worth in ready money the difference of these two is the answer to the question propounded In the second columne of the 6. table right against 3. yeares is 2.67301 which being multiplyed by 25. the product is 66.82525 and the number answering to 10. years is 7.36008 which being also multiplyed by 25. the product is 184.002005 from which deduct 66.82520 there rests 117.17675 that is according to the former directions 117. pounds 3. shillings 6. pence farthing the present worth of the 7 yeares in reversion Question 5. If the Lease of a house or lands be worth 127 l. fine and 9 l. rent per annum payable yearly for 20. years and the Lessee be desirous to bring downe the fine to 40 l. and so to pay the more rent the question is what rent the tenant shall pay accounting compound interest at the rate of 6. per centum per annum Find the difference between the fines which is 87 l. then by the seventh table find what annuity or rent to continue 20. yeares is equivalent unto 87 pound ready so will you find 758466. that is being reduced 7 l. 11 s. 8. pence 1. farthing which being added to the old rent 9 l. gives 16 l. 11 s. 8. pence 1. farthing which the tenant must pay to the end that the fine may be diminished unto 40. pound Question 6. There is a lease af certaine Lands to be let for 20. yeares for 40. l. fine and 16. shillings 8. pence 1. farthing rent per annum payable yearly but the tenant is desirous to pay lesse rent viz. 9 l. per annum and to give a greater fine the question is what fine ought to be paid to bring down the rent to 9 l. per annum accounting compound interest at the rate of 6. per centum per an Find the difference between the rents which is 7 l. 11. shillings 8. pence 1. farthing then by the 6. Table see what an annuity or rent of 7 l. 11. shilling 8. pence 1. farthing per annum to continue twenty yearers is worth in ready money so shall you finde eighty six pound nineteen shillings ten pence proxime which being added to the first fine forty pound gives 126. pound 19. shillings 4. pence which the tenant must pay to the end that the rent may be brought downe to nine pound per annum Question 7. There is a lease of certaine lands worth 32 l per annum more then the rent paid to the Lord for it of which Land there is a Lease yet in being for 7. years and the lessee is desirous to take a Lease in reversion for 21 years to begin when his old Lease is expired the question is what sum of money is to be paid for this lease in reversion accounting compound interest at the rate of 6. per cent per an Find by the 6. Table what 32. pound rent is worth in ready money for 21. yeares as if it were to begin presently which will be found 376. 4.5024 l. then by the 5. table find what 376.45024 l. due at the end of 7. yeares to come is worth in ready money so will it be 250 l. 7. s. 2. d. proxime which is the answer to the question The first Table A Table turning Shillings Pence or Farthings into Decimall parts S. d. Decimals 1. 1 010417   020833   031250 0. 1 041667   052083   062500   072917 0. 2 083333   093750   104167   114583 0. 3 125000   135417   145833   156250 0. 4 166667   177083   187500   197917 0. 5 208333   218750   221967   239583 0. 6 250000   260417   270833   281250 0. 7 291667   302083   312500   322917 0. 8 333333   343750   354167   364583 0 9 375000   385417   395833   406250 0.10 416667   427083   437500   447917 0.11 458333   468750   479167   489583 1. 0 500000   510417   520833   531250 1. 1 541667   552083   562500   572917 1. 2 583333   593750   604167   614583 1. 3 625000   635417   645833   656250 1. 4 666667   677083   687500   697917 1. 5 708333   718750   729167   739583 1. 6 750000   760417   770833   781250 1. 7 791667   802083   812500   822917 1. 8 833333   843750   854167   864583 1. 9 875000   885417   895833   906250 1.10 916667   927083   937500   947917 1.11 958333   968750   979167   999583 2. 0 1.000000 The second Table A Table shewing the Simple Interest of one pound for the first 4. Months of the yeare at 6. per Cent. Daies   January   Febru   March   April day Parts day Parts day Parts day Parts 1 1 000164 32 005261 60 009863 91 014959 2 2 000329 33 005425 61 010027 92 015123 3 3 000493 34 005589 62 010192 93 015288 4 4 000657 35 005753 63 010356 94 015452 5 5 000822 36 005918 64 010520 95 015616 6 6 000986 37 006082 65 010685 96 015781 7 7 001151 38 006246 66 010849 97 015945 8 8 001315 39 006411 67 011014 98 016109 9 9 001479 40 006575 68 011178 99 016274 10 10 001645 41 006739 69 011342 100 016438 11 11 001802 42 006904 70 011507 101 016603 12 12 001973 43 007068 71 011671 102 016767
claiming under him with penalty in the Statute of 27. Eliz. Cap. 1. This doth not extend to the avoyding of any grant c. upon good consideration and bona fide if any such conveiance be made with clause of revocation or alteration at his pleasure by writing and after he shall bargaine demise sell grant convey or charge the same Lands c. for money or other good consideration the conveyance not revoked or altered then the conveyance c. shall be void against the Barganees c. and all claiming under them lawfull Mortages only excepted A Lease was made of a Messuage and Lands for yeares A grant of land Habendum the reversion if the Lessee so long should live and afterwards the Lessor by his Deed indented granted the Messuage and Land to another to have and to hold the reversion to the grantee for life cum per mortem sursum redditionem vel forisfacturam of the Lessee aut aliter acciderit reddendo inde annuitie to the Grantor and his heires when the said reversion shall happen nine shillings and foure pence per Annum The Lessee dieth the Grantor of the reversion distraineth for the arrearages of the rent aswell before the death of the Lessee as afterwards whereupon four points were clearely resolved upon by the Court. That by the Demise of a Messuage and Land for life the reversion thereof doth passe but by the Grant of a reversion land in possession doth not passe Lofields case 10. pars fo 107. Plowden 197. A grant of the reversion Habendum the land By the Grant of a Messuage and Land Habendum revertionem c. or life after the death of the Lessee c. that the Habendum is good for in judgement of law nothing but the reversion is granted by the Premises and as in Throchmertons case Plowden Coment fo 147. when the reversion is granted habendum the land the habendum is adjudged good so when the land is granted habendum the reversion and after the death of the Lessee c. is in consideration as much to say as to take effect in possession after the death c. Also the habendum had been good although no mention had been made either of the Land or of the reversion in the habendum for the Office of the habendum is to limit the estate of the land contayned in the Premises It was resolved that by the said reservation the rent shall not commence before the reversion fall in possession and these words cum revertio predict acciderit shall be expounded according to the intention of the parties which was not that the Grantee for life should pay the rent before that he may take the profits to make the rent of them That the distresse was well taken for the Arrerages after the death of the Lessee and not for the arearages incurred before Statute released by matter in Law A statute was acknowledged the 26. of May the Cognusee by his release Dated the 25. May before released to the Cognusor all demands from the beginning of the world untill the making therof and sealed and delivered the release as his Deed the 27. May following the statute is freely discharged for the day of the delivery is dies confectionis but if the words had been untill the date or day of the Date of these presents then otherwise it had been See Dier fo 307. Defeasance of a statute mis-recited the statute becometh single If a Defeasance be made of a statute which is recited to bee made the tenth day of May where indeed it beareth Date the first day of May the Defeasance is void for the Mis-prision of time for the Law saith that in so much as it may be that there were two statutes the one dated the first day and the other the tenth day the time of the date is materiall Plowden fo 393. Attornement needlesse A reversion granted for yeares for consideration of money doth passe without Attornement Coke 8 pars fo 941. for let the case be that there is Lessee for terme of yeares or life rendant-rent Afterwards the lessor by Indenture for the consideration of 50 l. demiseth and granteth the Premises to another for 90. yeares rendant 40 pounds per annum although the first Lessee doth never Attorne yet the second demise shall be good and shall passe as a Bargaine executed by the statute of 27 H. 8. whereunto there needeth no Attornemnt or Inrolement of the Deed because it is not but a terme for yeares and no Frank-tenement And note that if a man for money do enffeoffe Alien and grant Land to one and his heires or in taile or for life by deed indented and inrolled that doth amount to a bargaine and sale and the land shall pass without livery and Seisin Attornement needlesse A grant of a reversion of Land habendum the land from the end and expiration of a former Lease in being is a good lease and needeth no attornement A demise of the reversion of Land Attornement needles habendum the reversion of the land from the end and determination of a former lease in being is a good Lease and needeth no attornement If a man make a gift in taile or a Lease for life Remainder voide the remainder to his owne right heires this remainder is void and he hath the reversion in him for the Ancestor during his life beareth in his body in the judgment of the law all his heires and this appeareth in a common case that if Land be given to a man and his heires all his heires are so totall in him that he may give the land to whom he will So it is if a man be seised of Lands in Fee by Indenture make a Lease for life Remainder voide the remainder to the heirs males of his owne body this is a void remainder for the donor cannot make his owne right heire a purchasor of an estate taile without departing of the whole fee-simple out of him as if a man make a Feoffement in Fee to the use of himselfe for life and then to the use of the heires males of his body this is a good estate taile executed in himselfe and the limitation is good by way of use because it is raised out of the estate of the Feoffees which the Feoffor departed with for a limitation of a use to himselfe had been good without question Cokes Littleton fo 22. b. The King may make a Lease for yeares rendant rent to a stranger and that is a good reservation Conditions Entries and re-entries may not be given or reserved to strangers and the stranger may distraine for it or have an Action of Debt after the lease determined and that is by reason of his prerogative which he hath above all persons for he is not bound so strictly by the lawes as others are but in the case of a common person otherwise it is because that no rent which is properly
it is if a man make a Feoffment in Fee upon condition that the Feoffee shall not take the profits of the Lands this condition is repugnant and against law and the estate is absolute But a Bond with condition that the Feoffee shall not take the profits is good If a man bee bound with a condition to enfeoffe his wife the condition is repugnant void and against law because it is against a Maxime in Law and yet the Bond is good Deeds suspitions to be forged Yet before anno 13 H. 8. the Deed do stile the King Defender of the Faith or Supream head before the 20. H. 8. such a Deed is a forged Deed. King H. 8. used not the stile of Supreame head in his Charters till 22. of his Raigne nor King of Ireland before 33. of his Raigne New Littleton fo 7. Age to bind man or woman 21. yeares is the full age for man or woman to make good any act they doe 14. their age of discretion and therefore that is the competent age to bind a man in matter of marriage 12. to bind a woman and 9. to deserve her Dower Remainder No remainder may commence upon any repugnancy or impossibility precedent nor upon any condition that goeth to the destruction of the particular estate for conditions alway enure in a privity so that none shall take advantage of conditions but those which are privies for none shall enter for a condition broken but onely the Feoffor Donor Lessor or their heires and as none shall avoid an estate formerly made by the Breach of a condition but onely the privies so none shall take a new estate by performance of a condition but onely the privies Generall Livery and speciall Livery the difference A generall Livery hath two properties first it is full of charge to the heire for he must find an Office in every County where he hath Land or else he cannot sue a generall Livery and he must sue out his Writ of aetate probanda The second property is it is full of danger first it concludeth the heir for ever after to deny any tenure found in the Office Secondly if Livery be not sued of all and of every parcell which the King ought to have whether it be found in the Office or not found the Livery is void and the King may reseise the Land and be answered of the meane profits so it is if the Office be insufficient or the process wherof the Livery was made be insufficient or the like the King shall re-seise Therefore for the ease of the heire and for avoiding such danger the heire for the most part sueth out a speciall Livery which containeth a beneficiall pardon and saveth the said charges and preventeth the said conclusion and other dangers which being of grace and not of right as the generall Livery is the King may justly take more for a speciall Livery then for a generall but ever with such moderation as the heire may ever goe cheerefully through with it 23 Eliz. 77.28 H. 8. One Mr. Shotbolt was bound in an obligation to one Hickman and in the Obligation he was named John Shotbolt which was mistaken but Mr. Shotbolt well perceiving his misnaming sealed and delivered the Obligation as his Deed and in Debt brought upon this Obligation against him by the name of William Shotbolt alias dictus Johannes Shotbolt he pleaded non est factum and this speciall matter was found by verdict at Guild-hall London and whether he should be charged by this Obligation and plea that was the doubt and the Postea was speciall ut supra and by the opinion of the Justices of the Bench the plantiff shall not recover upon this Verdict but it had been better for him to have brought the Action by the name of John Shotbolt as he is named in the Obligation and then if he appeared therunto and pleaded ut supra non est sactum he should have been concluded by the Obligation v●… 3 H. 6. 34 H. 6. 5 E. 4. this matter well debated similis casus inter Turpin Jaxon viz Ann for Agraes and she sued by her right name nuper dicta Anna. Hillar 18. Rotulo 738. Dier fo 279. An obligation made beyond the Seas may be sued here in England in what place the party will what if it beare date Bourdeaux in France where shall it be sued and answer was made that it may be alleadged in quodam loco vocat Bourdiaux in France in ●slington in the County of Midd. and there it shall be tryed for whether there be such a place in Islington in the County of Midd. or not is not traversable in that case and so the varieties of opinions in our Bookes well reconciled New Littleton 361. b. 6. pars fo 47. Dondales case 32 H. 6. 25. 48. E. 3. 3. 11 H. 6. 16. Mise Mise is a word of Act appropriated onely to a Writ of right so called because both parties have put themselves upon the meere right to be tried by grand Assize or by Battel so as that which in all other actions are called an issue in a Writ of right in that Case is called a Mise A yeare how into how many parts it is divided A quarter of a yeare is 91 daies halfe a yeare is 182 daies a yeare is 365 daies and to the 6. houres the Law hath no regard Diers Abridgement fo 89. this is according to the computation in the Kalender And when a Patron is to present hee hath six months to present according to the computation of the Kalender which is 182. daies before any Lapse shall accrue But a Month according to the computation of the Law for reservation of rents and re-entries for non payment of Rent c. doth account 28. daies to the Month and no more Kings-Silver Note that the fine pro licencia concordandi is that which is called the Kings-Silver or post fine And if the Fine in the Hamper which is commonly endorsed upon the writ of Covenant be 26. shillings 8. pence then alwayes the Kings-Silver or post-fine is halfe as much more as the Fine in the Hamper Suspension If a Lease be made of 10. Acres of Land for yeares reserving rent and after the Lessor enters in 2. Acres the entire rent is thereby suspended for a contract which is entire may not be apportioned but being suspended in part it is suspended in all being destroyed in part is destroyed in the whole and especially as to the Act of the Lessor which doth suspend or extinguish it Suspension A man gives Land in taile or leaseth it for life or yeares rendant rent with condition for default of payment to re-enter there if the Lessee lease part of the Land to the Donor or Lessor or if the Donor or Lessor enter in part of the land he may not re-enter for rent behind after for the condition is suspended in all and a condition
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