Page:Harvard Law Review Volume 8.djvu/150

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134
HARVARD LAW REVIEW.
134

1 34 HAR VARD LA W RE VIE W. land from G to the use of the said G. Apparently R received the land from G on the understanding that he (/?) was to convey it to G and the daughter of R (whom G was going to marry) by the way of a marriage portion. Bracton's Note Book, pi. 185 1 (a. d. 1226-7) • A man who has married a second wife is said to have bought land to the use of this wife and the heirs of her body begotten by him. Bracton's Note Book, pi. 641 (a. d. 1231) : It is asserted that E im- pleaded R for certain lands, that R confessed that the land was E'l, in consideration of 12 marks, which y]/ paid on behalf of -£", and that J/ then took the land to the use {ftd opus) of E. Apparently M was to hold the land in gage as security for the 1 2 marks. Bracton's Note Book, pi. 754 (a. d. 1233) : Jurors say that R desired to enfeoff his son P^ an infant seven years old ; he gave the land in the hun- dred court and took the child's homage ; he went to the land and deliv- ered seisin ; he then committed the land to one X to keep to the use of P{ad custodiendum ad opus ipsius Petri) and afterwards he committed it to Tiox the same purpose; A' and 2*held the land for five years to the use of P. Bracton's Nrte Bt)ok, pi. 1244 (a. d. 1238-9): A woman, mother of H, desires a house belonging Xo R ; H procures from R a grant of the house to ^to the use {ad opus) of his mother for her life. Assize Roll No. 11 82, m. 8 (one of Bracton's Devonshire rolls) : ' lura- tores dicunt quod idem Robertus aliquando tenuit hundredum illud et quod inde cepit expleta. Et quaesiti ad opus cuius, utrum ad opus proprium vel ad opus ipsius Ricardi, dicunt quod expleta inde cepit, sed nesciunt utrura ad opus suum pn prium vel ad opus ipsius Ricardi quia nesciunt quid inde fecit.' Chronicon de Melsa, ii. 116 (an account of what happened in the mid- dle of cent. xiii. compiled from charters) : Robert confirmed to us monks the tenements that we held of his fee ; ' et insuper duas bovatas cum uno tofto ... ad opus Ceciliae sororis suae et heredum suorum de corpore suo procreatorum nobis concessit ; ita quod ipsa Cecilia ipsa toftum et ii. bovatas terrae per forinsecum servitium et xiv. sol. et iv. den. annuos de nobis teneret. Unde eadem toftum et ii. bovatas concessimus dictae Ceciliae in forma praescripta.' IX. The lands and revenues of a religious house were often appropri- ated to various specific purposes, e. g. ad victufn monachorum, advestitum monachorum^ to the use of the sacrist, cellarer, almoner or the like, and sometimes this appropriation was designated by the donor. Thus, e. g. Winchcombe Landboc, i. 55, 'ad opus librorum'; i. 148, * ad usus in- tirmorum monachorum'; i. 73, certain tithes are devoted 'in usum operationis ecclesiae,' and in 1206 this devotion of them is protected by a ban pronounced by the abbjt ; only in case of famine or other urgent