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 ...

HARRIOT.

HArriot, in the Saxon tongue is called Hergeat,* 1.1 that is, the Lords Beast, for Here is Lord, and geat is best.

Harriot is in two sorts.

• 1. Harriot Custom, where Harriots have been paid time out of mind by custom, and this may be after the death of the Tenant for life. Harriot is the best Beast (whether it be Horse, Ox, or Cow) that the Tenant had at the time of his death.
• 2. Harriot service, when one holds by such service to pay Harriot at the time of his death, this is payable after the death of the Tenant in Fee∣simple.

For Herriot service the Lord shall distrain, and for Herriot custom, he shall seise, and not di∣strain.* 1.2

If the Lord purchase part of the Tenancy, her∣riot service is extinguished, but it is not so in her∣riot* 1.3 custom

In 34 Ed. 3. it is holden that if any Tenant wh••ch holdeth of me by a herriot, alien parcell of Land to another, every one is chargeable to me of a herriot, because it is entire, and if the Tenant pur∣chase the Land again, I shall have of him for every portion a herriot.

If the Lord ought to have an Herriot when his* 1.4 Tenant dieth, and the Tenant deviseth away all his goods, yet the Lord shall have his Herriot, for the Law preferreth the Custom before the devise.

Notes

• * 1.1

  Cook on Lit. l. 3. cap. 3. sect. 287.
• * 1.2

  D. and Student. c. 9
• * 1.3

  Cooks 8 Re. Talbots Case.
• * 1.4

  Cook on Lit. l. 3 c. 3. p. 185. B.