Glossary of terms in James Hingston's will

Most of these definitions rely on information taken from The Oxford Companion to Law by D M Walker (1980)

Appurtenances Things belonging to another thing, such as yards and gardens to a building.

Behoof Behalf; advantage

Close A field or piece of land separated from others or from common land and enclosed by a bank or hedge.

Contingent Remainders see Remainders

Determination of the Estate The ending of a legal interest in the property eg, a death if held under a life interest.

Herriott (heriot)In feudal law, this was the right of a feudal lord to take a tenant's best beast or other chattel on the tenant's death. Heriot service was an incident of freehold tenure, eventually becoming a kind of rent, and heriot custom was a payment due under copyhold tenure on alienation of the holding as well as on death.

Impeachment of Waste see Waste

Mercer A 1696 definition describes a mercer as 'in the City one that deals only in Silks and Stuffs; In country towns, one who Trades in all sorts of Linen, Woollen, Silk, and Grocery Wares'. Note that elsewhere in the will 'shopkeeper' and 'grocer' are used for Samuel Hopwood and John Fox respectively, suggesting that 'mercer' may have been used in a precise sense in the will.

Messuage A dwelling-house together with its own buildings, attached garden ground and the surrounding land.

Pattisoy A form of silk cloth [precise meaning sought!] Diantha Howard suggests that it may be a corruption of peau de soie.

Remainders An estate in land in English law which fell to the remainderman after the particular estate, i.e. the first estate which entitled its owner to actual possession, had determined. A remainder was vested if the remainderman or his representatives were continually entitled and ready to take actual possession of the land whenever the particular estate ended. A remainder was contingent if the grantee were not an ascertained person, or his title depended on the occurrence of some event, so that there was no person ready to enter the land as soon as it became vacant. A contingent remainder became a vested remainder when the person to whom it was limited was ascertained, or when the event on which it was dependent happened.

Tenement That which is the subject of tenure and may be held, particularly land but also incorporeal hereditaments issuing as rents or other profits granted out of land. It follows that in this will 'tenement' is unlikely to have the modern meaning of a room or set of rooms forming a separate residence within a building.

Waste In the law of torts, waste is any conduct doing permanent damage to the freehold or inheritance of land, or materially altering its nature or diminishing its value. For example, it may consist in deliberately pulling down buildings, or allowing them to fall into disrepair. A life tenancy given 'without impeachment of waste' allows the life tenant to cut trees and open mines, but not to demolish a mansion house, fell ornamental timber, or do other wilfully destructive acts.