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XIII. —Some Notes on Fourteenth Century Conveyancing.
Published online by Cambridge University Press: 15 November 2011
Abstract
The thing that struck me most when I began to handle documents of this period at Winchester College was the number of instruments that go to complete a sale of land. Nowadays, one multipartite deed suffices for the conveyance of any quantity of land. At the time that I am speaking of deeds were, generally speaking, unipartite, and perhaps half a dozen feoffments, letters of attorney, releases, and deeds of confirmation were required to produce the same result. In the fourteenth century, and for many years on either side of it, the transfer of freehold property was effected by “livery of seisin,” that is, by delivery of the feudal possession, preceded by a writing on parchment, called a feoffment, which transferred to the purchaser the right to the feudal possession. The feoffor set his seal in the presence of witnesses to a writing, averring that he had given and confirmed the property to the feoffee and his heirs, and that the feoffor and his heirs would warrant, acquit, and for ever defend the feoffee and his heirs against all comers. This warranty of title gave the feoffee a right of action against the feoffor in case of disturbance, and was superseded in due course by covenants for title.
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- Copyright © The Society of Antiquaries of London 1905
References
page 257 note a Our Fellow, Mr. G. H. Blakesley, has referred me to Archaeologia, lviii. 345, where a similar case is noted. The sealing was of the essence, it mattered little what seal was usedGoogle Scholar.
page 257 note b This holding is situate at Brock's Grreen, in the parish of Ecchinswell, and known as Brock's.
page 257 note c One of two cottages under one roof.
page 258 note a This “terragium” or “tarrage” was a species of local land tax, or ground rent, here payable to the cathedral church, but usually meaning the quota levied to make up the fee farm rent payable to the Crown for the City.
page 258 note b A hamlet in parish of Medstead, 12 miles N. E. of Winchester.
page 259 note a a This was the “tarrage” or proportion of the fee farm referred to above.
page 260 note a Sir Adam de Gurdon, who was outlawed for his part in the barons' war, and was defeated in single combat by Prince Edward, who reversed his outlawry on coming to the throne.
page 260 note b Lord of Wyards, a small manor 1½ mile north of Alton town.
page 260 note c The site was held of the Bishop of Winchester as lord of the Soke manor.
page 261 note a Northington, a parish near Alresford, Hants.
page 261 note b The shoe-market at Romsey.
page 262 note a Grandnephew of Bishop William of Wykeham, and his heir. John Beneyt of Botley, for whose widow this provision was made, was of kin to the bishop. See the limitations of his settlement, post.
page 264 note a Archdeacon of Surrey and Master of St. Cross Hospital, Winchester. One of the executors of Wykeham's will.
page 264 note b Mayor of London in the following year. This is the Sir William Walworth who slew Wat Tyler in the presence of the King, 15 June, 1381, and was knighted for it.
page 266 note a Acknowledged. “You gave them a cognovit for the amount of your costs after the trial, I am told, said Mr. Jackson.” (Pickwick, ch. xlvi.)
page 266 note b Year Book, 18 Edward III. Rolls Series, 376.
page 267 note a A trental or month's mind, viz. the price of thirty days' masses.
page 267 note b Henry Beaufort, bishop of Winchester 1404-1447.
page 267 note a He was mayor of Winchester in 1358, 1366, and 1370.
page 279 note a Compare the power given to titheowners by the Tithe Act, 1836, to distrain for renteharge in arrear upon other lands of the landowner in the same parish.
page 280 note a Not to pull down any building or grub any tree or hedge on the site or fasten the door of the tenement so as to prevent distraint.
page 280 note b 12 for 10 feet of frontage works out about 15s. per foot frontage in our money.