Latin land surrender 1722

[Bruiser]

I would greatly appreciate a transcription and translation of this 1722 land surrender from Durham please.

I understand it concerns the transfer of a house and garden from John Crawforth and his wife Jane to John Mason the son and heir of John Mason deceased. I can just see part of that but I can't make much sense of the rest I'm afraid, what with this scribes handwriting and contractions.

It also seems a word was struck out in the original line 10 and a whole new line inserted in its place.

Bruce.

[Bookbox]

A few words missing, but I think the sense is clear. It's Robert Crawforth (not John).

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M(emoran)dum q(uo)d tertio die Februarij An(n)o R(eg)ni D(omi)ni n(ost)ri Georgij nunc

Magne Britanie &c Regis Octavo ven(it) Joh(an)nes Mason filius & heres

Joh(an)nis Mason Defunct(i) Extra Cur(iam) apud Civit(atem) Dunelm’ Coram David Hilton

Ar(migero) Sen(eschal)lo Et cepit de D(omi)no un(um) dom(um) & gardinum aretro adjacen(tem) abuttan(tem) sup(ra)

Dom(um) nup(er) Will(elm)i Thursby ex p(ar)te occidentali Dom(um) nup(er) Thome Mascall ex p(ar)te

austral(i) Ac etiam un(am) peciam terre vocat(am) a frontstead & gardin(um) eid(e)m

adjacen(tem) adjungen(tem) p(re)d(ict)e Dom(o) ex parte occidental(i) In quibus Rob(er)tus

Crawforth & Jana ux(or) ejus nup(er) dict(a) Jana Lodge Sp(inste)r que sup(ra)vixit Joh(an)nem

Mason nup(er) viru(m) suu(m) inde heres ^jus ip(s)a Jana sola Exa(m)i(n)ata non vi aut metu viri sui (...) sed ex sua (...) & spontan(e) voluntat(e)^ totum jus stat(u)m tit(u)lu(m) clam(um) Interesse

& Demand(a) sua sursum redd(it) & quiet(e) clama(vit) in manus D(omi)ni ad opus & usum

p(re)d(icti) Joh(an)nis H(ab)end(um) eid(e)m Joh(an)ni Mason & sequelis suis in Jure s(e)c(un)d(u)m Cons(uetudinem) Cur(ie)

redd(endo) inde p(er) Annu(m) ad terminos usual(es) ut prius redd(ere) soleb(a)t Et faciend(o)

D(omi)no &c vici(nis) que Incumb(unt) p(er)pleg(ium) &c Et sup(er)inde Admiss(us) est inde Tenens

(in the margin) viij^d

Memorandum that on the third day of February in the eighth year of the reign of our Lord George, now King of Great Britain etc., John Mason, the son and heir of John Mason (who) died outside the (jurisdiction of the) court in the City of Durham, came before David Hilton esquire, steward, and received from the lord one house and a garden adjoining it at the back, abutting onto the house that was lately William Thursby’s on the west side (and) the house that was lately Thomas Mascall’s on the south side, and also one piece of land called a frontstead and a garden next to it, adjoining the aforesaid house on the west side, in which Robert Crawforth and Jane his wife, lately called Jane Lodge, spinster, who survived John Mason her late husband and was thence his heir (^this Jane being examined alone and with no force or fear of her husband coercing her, but of her own (...) and free will^), surrendered all her right, status, title, claim, interest and demand, and quitclaimed it into the hands of the lord, to the use and behoof of the aforesaid John, to hold to himself John Mason and his successors by right according to the custom of the court, paying (rent) thenceforth each year on the usual dates as previously used to be paid; and he gave a pledge to the lord etc. and to nearby occupants etc.; and thus he was thenceforth admitted tenant.
(in the margin) 8^d (pence)

[Bruiser]

G'day Bookbox,

Thank you ever so much for that. It is truly appreciated and has helped clarify at least some of the mystery surrounding John Mason snr's death.

I wonder if you have any thoughts on the use of the term "son and heir" when referring to John Mason jnr. This term is again used to describe him when the same house and garden and fronstead and garden are being transferred to his grandson in 1774. This however seems to be somewhat at odds with the the reference to his mother Jane Lodge "who survived John Mason her late husband and was thence his heir". Could the word heir signify different things in these latin documents.

It is not known just when and where John Mason snr. died and I have never been able to find a will anywhere for him. I now need to look into the meaning of the term "outside the (jurisdiction of the) court in the City of Durham. Jane Mason nee Lodge married Robert Crawforth in 1709 so it must have been before then. John Mason jnr. was born abt. 1700 so this puts the death of his father somewhere between 1699 and 1709. Thanks once again for your invaluable help.

Bruce.

 

[Bookbox]

The word used in both cases is heres (heir).

The succession of the tenancy would normally be subject to the custom of the manor, or in this case the court. I imagine this might be the consistory court of the Bishop of Durham?

It's possible that on the death of John Mason senior the tenancy would have passed to his widow as a life interest, or until any remarriage, and would then go to the son John Mason junior when he came of age. But without knowing the custom of that particular court, that can only be speculation.

I would want to look for an earlier record in the same source, perhaps referring to the death of John senior and admission of Jane to the tenancy.

[Bruiser]

G'day Bookbox,

Following up on your advice I have found mention of a 1698 land transfer from William Mason to his grandson John and Jane Lodge. I now need to get a copy of this. These land transfers are all from the Halmote Court records that applied to Durham at that time. Thank you once again for all your help.

Bruce. 

[Bookbox]

You're welcome. Good luck with the new document. You can post it here if you need help.

[Bruiser]

I now have the 1698 surrender and the first memorandum seems to be referring to the same properties in the 1722 surrender as I can make out William Thursby and Thomas Mascall once more and also the frontstead and yard. I believe William Ma(y)son's wife was Mary and they are more likely to be the parents of John Ma(y)son rather than his grandparents.

Once again I would greatly appreciate the transcription as well as the translation. I think it's a bit late in life for me to start learning latin but it will be a great help when I need to look at more of these documents.

Bruce.     

[Bookbox]

1st entry

Memorandum q(uo)d s(e)c(un)do die Augusti A(nn)o Regni Will(elm)i t(er)cij dei gra(tia) nunc Angl(ie) &c R(egi)s decimo ven(erunt) Joh(ann)es Mayson & Jana Lodge

spinster Extra Cur(iam) apud Civitat(em) Dunelm’ Cora(m) Joh(ann)e Hutchinson Ar(migero) deput(ato) Caroli Monntagu Ar(migeri) Sen(escal)li Et ceper(unt) de d(omi)no un(um) dom(um) & gardin(um) a

retro adjacen(tem) abbutan(tem) sup(er) dom(um) Will(elm)i Thursby ex p(ar)te occidental(i) dom(um) nup(er) Thomæ Mascall ex p(ar)te Austral(i) Ac etia(m) un(am) pecia(m) terr(e) voca(tam) a

Frontsteed & gardin(um) eid(em) adjacen(tem) adjungen(tem) p(re)d(ictum) dom(um) ex p(ar)te occidental(i) In quib(us) Will(elm)us Mayson pat(er) p(re)d(icti) Joh(ann)is inde h(ab)ens jus totu(m) jus stat(um) tit(u)lu(m)

clam(am) interesse & demand(a) (...?) sursu(m) redd(idit) & quiet(e) clam(avit) in manus d(omi)ni ad opus & usu(m) p(re)d(icti) Joh(ann)is & Janæ H(ab)end(um) eisd(em) Joh(ann)i Mayson & Janæ Lodge &

heredib(us) de corporib(us) suis l(eg)itime procreand(is) & p(ro) defectu t(a)lis exitus tunc ad usu(m) sequel(is) p(re)d(icti) Joh(ann)is in jure s(e)c(un)d(u)m Cons(uetudinem) Cur(ie) Redd(endo) inde p(er) annu(m) ad ter(m)i(n)os

usual(es) ut prius redd(ere) soleb(a)t Et fac(iendo) d(omi)no & vicin(is) q(ue) incumb(unt) p(er)pleg(ium) &c Et sup(er)inde admiss(us) est inde Ten(en)s

Memorandum that on the second day of August in the tenth year of the reign of William III, by the grace of God now King of England etc., came John Mayson and Jane Lodge, spinster, outside the court at the City of Durham, before John Hutchinson Esquire, deputy of Charles Monntagu Esquire, Steward, and received from the lord one house and a garden adjoining it at the back, abutting onto the house of William Thursby on the west side (and) the house that was lately Thomas Mascall’s on the south side; and also one piece of land called a frontsteed and a garden next to it, adjoining the aforesaid house on the west side, in which William Mayson, father of the aforesaid John, holding all the rights, status, title, claim, interest and demand, surrendered and quitclaimed (it) into the hands of the lord for the use and behoof of the aforesaid John and Jane, to hold to the same John Mayson and Jane Lodge and the lawful heirs of their bodies and, failing such issue, then to the use of the successors of the aforesaid John by right according to the custom of the court, paying (rent) thenceforth each year at the usual dates when it was previously accustomed to be paid; and did fealty to the lord and those living nearby with a pledge etc; and then he was thenceforth admitted tenant.

[Bookbox]

2nd entry

Memorandum q(uo)d s(e)c(un)do die Augusti A(nn)o Regni Will(elm)i t(er)cij dei gra(tia) nunc Angl(ie) &c R(egis) decimo ven(erunt) Joh(ann)es Mayson & Jana Lodge ^spinster^ Extra

Cur(iam) apud Civitat(em) Dunelm’ Cora(m) Joh(ann)e Hutchinson Ar(migero) deput(ato) Caroli Monntague Ar(migeri) Sen(escal)li Et cep(erunt) de d(omi)no octava(m) p(ar)te(m) un(ius) Cotagij In quib(us) Will(elm)us

Mayson pat(er) p(re)d(icti) Joh(ann)is inde h(ab)ens jus totu(m) jus statu(m) tit(u)lu(m) clam(am) interesse & demand(a) (...?) sursu(m) redd(idit) & quiet(e) clam(avit) in manus d(omi)ni ad opus & usum p(re)d(icti)

Joh(ann)is & Janæ H(ab)end(um) eisd(em) Joh(ann)i Mayson & Janæ Lodge & heredib(us) de corporib(us) suis p(ro)creand(is) & p(ro) defectu t(a)lis exitus tunc sequel(is) ip(si)us Joh(ann)is in jure

s(e)c(un)d(um) Cons(uetudinem) Cur(ie)  Redd(endo) inde p(er) annu(m) ad ter(m)i(n)os usual(es) ut prius redd(ere) soleb(a)t Et fac(iendo) d(omi)no & vicin(is) q(ue) incumb(unt) p(er)pleg(ium) &c Et sup(er) inde admiss(us) est inde Tenentes

Et sup(er) hoc p(re)d(i)c(t)i Joh(ann)is & Jana dimiser(unt) p(re)fat(o) Will(elm)o Mayson & Maria ux(ori) ejus p(re)d(ictam) octava(m) p(ar)te(m) Cotagij p(re)d(icti) H(ab)end(um) eisd(em) Will(elm)o & Mariæ ux(ori) ejus p(ro) & duran(te)

ter(m)i(n)o vita(rum) sua(rum) u(t)ral(ibet) & diutius viven(tis) Absque aliquid inde reddend(um) ultra firm(am) d(omi)ni & servic(ia) inde debit(a) et da^n^t d(omi)no p(ro) li(cenci)a dimittendi

Memorandum that on the second day of August in the tenth year of the reign of William III, by the grace of God now King of England etc. came John Mayson and Jane Lodge, spinster, outside the court at the City of Durham, before John Hutchinson Esquire, deputy of Charles Monntague Esquire, Steward, and received from the lord an eighth part of one Cottage in which William Mayson, father of the aforesaid John, then holding all the right, status, title, claim, interest and demand, surrendered and quitclaimed it into the hands of the lord for the use and behoof of the aforesaid John and Jane, to hold to the same John Mayson and Jane Lodge and the lawful heirs of their bodies and, failing such issue, then to the successors of that John by right according to the custom of the court, paying (rent) thenceforth each year at the usual dates when it was previously accustomed to be paid; and did fealty to the lord and those living nearby with a pledge etc.; and then they were thenceforth admitted tenants.

And upon this the aforesaid John and Jane leased to the aforesaid William Mayson and Mary his wife the aforesaid eighth part of the aforesaid Cottage, to hold to the same William and Mary his wife for and during the term of their lives and whichever of them lived longer, paying nothing thenceforth for permission to lease it, beyond giving the lord his rent and the services thence due.

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For the phrase Extra Cur(iam) apud Civitat(em) Dunelm’ (literally, outside the court at the City of Durham), I’m uncertain of the exact meaning in the context. But as it occurs in both the above entries of 1698, as well as in the entry of 1722, it can’t relate to the location of John Mason’s death as I suggested earlier, so please ignore that.