Herezelds are only due when the tenant was residing and died upon the ground, and did possess at least octavam partem unius davatę terrę. Davata terra is four ploughs of land.
Click here to view a pdf copy of this documet : PDF Copy
In ane action of spuilzie movit be John Cutler in ———, against Isobella Wauchope, relict quondam Jacobi Logan in ——, the Lords decernit, that the said John Cutler aught na herezeld to her, because his father that died had but four acres or thereby of land of the said Isobel, lying beside ———, and dwelt thereupon, and was not husband; and the laws of this realm require ad hoc quod aliquis solvat herezeldam, quod sit husbandus sedens et moriens super terram alicujus liberi hominis, et quod ad minus tenuerit de eo octavam partem unius davatæ terræ, (four pleuchs of land;) et in casu nostro dicti Joannis pater mortuus, nec sedebat tempore sui decessus super dictam terram, nec tantam tenebat terram; et sic domini decreverunt herezeldam non solvendam, et ideo condemnarunt in spolio dicto, equi ut herezeldæ capti, ipsam Isabellam captricem ejusdem.
Fol. Dic. v. 1. p. 376. Sinclair, MS. p. 77.*** Balfour reports the same case:
Na man, be the law of this realme, aucht and should pay herezeld, except the time of his deceis he was ane husbandman, and had, at the leist, four oxen-gang of land, and dwelt and deceist thairupon: And gif he had ony les, his sone, wife, bairnis, nor ony uther persoun, aucht nor sould not pay ony herezeld.
