A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

BARGAIN.

Bargain, and sale is when a recompence is gi∣ven by both the parties to the bargain. By it* 1.1 Lands may pass without livery of S••isin, if the bar∣gain and sale be by deed indented, sealed and in∣••olled.

A warranty made upon the concluding of a bar∣gan and sale doth bind, but not if the warranty be made after the bargain concluded. If a man sell unto one certain cloth, and warrant it to be of such a length, and it is not of that length, he which buyes the cloth, may have an action of deceit against him, but if the warranty be made at some other time after the bargain, he may not have such* 1.2 a Writ, unless the warranty be in writing.

The Grant or bargain and sale of the profits of Land is the Grant of the Land it self, for the pro∣fits of the Land, and the Land it self are one and the self same thing in substance, but one may lease his Park, excepting the wood and under∣wood,* 1.3 and his Mannor, reserving the Warren, but the soil of the wood and Warren shall go to the L••ssee. If I lease a farm, excepting the wood, or for so much of this farm as is woodland, and may by the name of a wood be demanded in a precipe the soil it self is excepted, but otherwise it is of pasture or arrable ground, which hath wood grow∣ing upon it. Cook l. 5. Iors Case, & l. 11. Laifords Case.

Notes

• * 1.1

  Termes of Law.
• * 1.2

  Fitz. Nat. brev. 98. K.
• * 1.3

  1 H. 7. 9. 6 E. 6. 71. Dy. 14 H. 8. 1. 33 H. 8. Br. Reser∣vant. 39.