TEnant en fee simple [...]he whiche hath landes or tenementes to holde to hym and to his heyres for euer. And it is called in latin feodum simplex, for feodum is called inheritāce and simplex is asmuche to saye as lawful or pure, and so feodum simplex is as much to say as lawfull or pure inheritaunce. For if a man will purchase landes or tenementes in fee sī ­ple, it behoueth hym to haue these woordes in his purchase, to haue and to hold vnto hym and to his heires, for these words his heires make the estate of inheritance. Anno. 20. H. 6 Folio. 38.

¶For if any man purchase landes by these wordes, to haue and to hold to hym for euer, or by suche woordes to haue and to holde to hym & to his ass [...]ignes for euer. In these two cases he hath none estate but for terme of life for that, that he lacketh these wordes his hei­res, whiche wordes onely make the estate of inheritaunce, in al feoffementes and graūtes.

And if a man purchase landes in fee sim­ple and dye without issue, euery one that is his next cosyn collaterall of the whole bloud, how farre soeuer that he be from hym of de­gree, may inherite and haue the same land as heire to hym. But yf there be father and son, and the father hath a brother, which is vncle vnto the sonne, and the son purchaseth lande in fee simple and dyeth without issue liuyng the father, the vncle shall haue the lande, as[Page]heire vnto the sonne, & not the father (yet the father is more nye of bloud vnto the sōne) for that that ther is a groūd in law, that inhery­tance may linially descend, but not linially ascende, yet if the sonne in such case die without issue & his vncle entreth into the land as heir vnto the sōne so as he ought by the law, and after if the vncle decease without issue liuing the father than shal the father haue the lande as heire vnto the vncle, & not heire vnto y^e sō, for that, that he cōmeth vnto the land by col­lateral discent, & not by linial ascencion.

And in such case where the son purchaseth land in fee simple, & dieth without issue, they of his bloud on the fathers side shal inheryte as heyre vnto hym, before any of the bloud of the mothers side. But if he haue none heyre on the fathers syde, than shall the land discēd vnto his heire on the mothers side. And thys is the oppinion of al the Iustices. M. 12. E. 4. fol. 14. But there it was holden if any lande discend vnto a man by the fathers syde which dyeth without issue, that his next heire on the fathers syde shal inherite vnto him, that is to say the next of bloud of the father of y^e graūd fathers syde. And for defaut of such an heyre thei that be of the fathers bloud of the parte of the mothers, of the father (that is to saye) the graūdmother ought to inherite. And if ther be no such heire on the fathers syde, than the lorde shall haue the land by eschete. And so it is if a man take a wyfe inherite in fee sīple,[Page 3]which hath issue a son & dieth, & the son ētreth into the tenemētes as sonne & heire vnto hys mother, & after dieth w^tout issue, the heyres on the mothers side ought to inherite the tene­mētes, & not the heires on the fathers side.

And if there be none heires on the mother side than the lord of whō the same land is holden, shal haue the same sād by eschete. In the same maner it is if landes discend vnto the sōne on the fatherside, & ētreth & after dyeth without issue, the land shal discend vnto the heyres on the fathers syde, & not vnto the heires on the mother side. And if ther be none heires on the father side, than the lord of whō the lande is holdē shal haue the same land by eschete. And so ye may se the diuersitie, wher the son pur­chaseth landes in fee simple, & where he com­meth into those landes or tenementes by dis­cent on the father syde or on the mother side.

Also if ther be thre brethren, & the myddle brother purchaseth land in fee simple & dyeth w^tout issue the elder brother shal haue the lād by discent & not the yonger. Also if ther be. 3. brethrē, & the yōgest brother purchaseth lād in fee simple & dieth without issue the elder brother shal haue the lād by discēt, & not the mid­dle brother, for that that the elder brother is more worthy of bloud.

¶And it is to bee vnderstande that no man shal haue lande in fee simple by discent as heyre vnto any manne, but that he be hys heire of the hole bloud. For if a mā haue issue 2. sūnes, by. 2. ventres & the elder purchaseth[Page]land in fee simple and dyeth without issue, the yonger brother shal not haue the land but the vncle of the elder brother or some other hys nigh cosyn shal haue it, for that, that the yon­ger is but of the halfe bloude to the elder brother. And if a man haue a son and a daughter by one ventre, and a son by a nother ventre, and the sonne by the first ventre purchaseth lande in fee simple and dyeth without issue, the lister shall haue the lande by discente as heyre vnto her brother and not the younger brother, for that that the sister is of the whole bloude to her elder brother.

And also where a man is seased of land in fee simple, and he hath issue a sō and a daugh­ter by one ventre and a son by a nother ven­tre and dyeth, and the elder son entreth and dyeth without issue, the daughter shall haue the lande and not the yonger son, and yet is the yonger son heyre vnto his father and not-his brother. But if the elder son enter not in­to the lande after the death of his father, but dyeth before enter made by hym, then the yō ger brother may enter and haue the lande as heire vnto his father. But where the elder son in the case aforesayde entreth after the death of his father and therof hath possessiō, than the sister shal haue the lande. Quia pos­sessio fratris de feodo simplici facit sororem esse heredem. For the possession of the bro­ther in fee simple maketh the sister to be heir.

But if there bee two brethren by dyuers[Page 4]ventres, and the elder is seased in fee simple and dyeth without issue and his vncle entreth as heire vnto hym, which also dyeth without issue, than the yonger brother maye haue the lande as heyre vnto his vncle, because he is of the whole bloude to hym though he be but of half bloude vnto his elder brother.

And it is to vnderstande that this worde inheritaunce, is not onely vnderstand where a man hath landes or tenementes by discent of heritage. But also euery fee simple or fee tayls that a man hath by his purchase, may be sayde inheritaunce, for that, that his heyres may inherite hym. For in a writ of right that a man bryngeth of land, that was of his own purchase, the writ shal saye: Quam clamat esse ius & here ditatem suam. That is to saye, which he claymeth to be his ryght and his inheritaunce. And so it shal be sayde in diuers other writes which a man or a womā brin­geth of theyr owne purchase, as it appereth by the register.

And of suche thynges as a man may haue a manuell occupacion, possession, or rescent as of landes, tenementes, rentes, and such other, a man shall say in his pledyng and in way of barre, that one such was seased in his demesn̄ as of fee. But of suche thynges that lye not in manuell occupacion. &c. as of auowson of a churche, and such maner thing, there he shall saye that he was seased as of fee. and not in his demesne as of fee. And in latin it is in[Page]the same case sayd. Quod talis fuit seis [...]us in dominico suo vt in feodo, that is to say, that such one was seased in his demeane as of fee, and in that other, Quod talis fuit seisitus &c. [...]t de feodo that is to say that one such was seased as of fee.

And note well that a man may not haue a more large ne greater estate of inheritaunce than fee simple.

Also purchase is called the possession of landes or tenementes that a man hath by his dede or by his agrement, vnto which posses­sion he commeth not by discent of any of hys auncesters or of his cosyns, but by hys owne dede.

¶ Fee tayle.

TEnaunt in fee tayle is by force of the sta­tute of Westminster the seconde. Capi. pri­mo for at the comon law before the sayde sta­tute, al inheritaunce wer fee simple for al the gyfies which been specified within the same statute, were fee simple condicionally, as it appereth by the rehearsal of the statute. And nowe by the same statute tenaunt in the taile is sayde in two maners, that is to say, tenant in taile generall, & tenant en tayle speciall.

Tenaunt in tayle generall, is wher landes or tenementes be geuen to a man and to hys heyres of his body begottē. In this case it is sayde generall tayle, fo [...] that that whatsoeuer woman that the tenant taketh vnto wyfe, yf he haue many wyues, and by eche of thē hath[Page 5]issue, yet eche one of these issues by possibi­litye maye inherite the tenementes by force of the sayde gyft, because that euery such issue is of his body engendred.

In the same maner is where landes and tenementes be geuen to a woman and to the heires cōming out of her body how be it that she haue many housbandes, yet the issue that she may haue by eche husbande may inheryte as issue in the tayle by force of suche gyftes. And therfore such gyftes been called general tayle.

Tenant in tayle speciall, is where landed and tenementes he geuen vnto a man and his wife and the heires of theyr two bodyes be­gotten. In such case none may inherit by force of such gift, but those that be engendred be­twene them two and it is called especial tail for that if the wyfe dye, & he taketh another wyfe and hath issue the issue of the secōd wife shal neuer inherite by force of such gyft. Nor also the issue of the seconde housbande yf the fyrst husband dye.

In the same maner it is where landes and tenementes bee geuen by a man vnto a­nother with a wyfe, which is the daughter or cosyn to the geuer in franke mariage. which gift hath inheritance by these wordes franke mariage vnto it annexed, howbeit that they be not expressy sayde or rehersed in the gifte, that is for to say that these donees shal haue these lādes or tenemētes to them and to theyr[Page]heyres betwene them two engendred, & thys is sayde especial tayle for that the issue of the seconde wife may not inherite.

And note wel that this worde tallyare is to say to set vnto some certaintie or els limit vnto some certain inheritance. And for that, that it is limit & set in certain, what issue shal inherite by force of such giftes, and how long that the inheritance shal indure: Therfore it is called in latin feodum talliatum .i. heredi­tas in quadam certitudine limitata. For if te­nant in general taile die without issue the do­nour or his heires shall inherite as in theyr reuercion. In the same wyse is of the tenāt in the tayle special. &c. For in euery gyfte of the tayle without more saying, the reuer­cion of fee simple is in the donour.

And the donees and theyr heyres shall do to the donour and to hys heyres, suche serui­ces as the donour dothe vnto his lorde next aboue. Excepte the donees in franke Mary­age, whiche shall holde quietely from euerye maner seruice (but if it be for fealtie) vntyll the fourth degree bee passe. And after that the fourth degree is past, the issue in the fifth degree and so foorth the other issues after hym, shall holde of the donour & of his heires, as they holde ouer as is aforesayde.

And the degrees in franke mariage shalbe accompted in such maner, that is to say, from the donour to the donees in franke mariage the fyrst degre, for that, y^t the wife that is one[Page 6]of the donees ought to bee daughter syster or other cosyn to the donour. And from the donees vnto theyr issue shalbe accompted the seconde degree. And from theyr issue vnto theyr issue, the thyrde degree and so forth. &c.

And the cause is, for that after euery such gyft, the issues that come of the donour, and the issues that come of the donees after the fourth degree paste, of bothe parties in suche forme to bee accompted, may betwixt them by the law of holy churche intermarye. And that the donee in franke mariage shall be the fyrst degree of the fowre degrees a man may se in a plee vpon a write of ryght of warde. Anno 31. E. 3. wher the playntyf pleded, that his aile or graundfather was seased of certain landes &c. And that he helde of another by knyght seruice. &c. which gaue the lande vnto one Rafe Holande with his sister in franke ma­riage. &c. And all these tayles before sayde be specified in the sayde estatute of westminster the seconde.

Also there bee diuers other estates in the tayle, howbeit that they be not specifyed by expresse woordes in the sayde estatute, but they betaken by the equitie of the statute, as if landes be geuen vnto a mā & to his heires males of his body engendred. In suche case his heyre male shall inherite, and the issue fe­male shall neuer inherite, yet in these other tayles aforesayd it is otherwyse. In thesame maner it is yf landes be geuen to a man and[Page]to heires females of his body engendred. In this case his issue females shal inherit by force & forme of the said gift & not the issue male, for that in such cases wher the gift is, who ought to inherite and who not, the wyl of the do­nour shalbe obserued. And in the case where landes be geuen to a mā & to his heyre males issuyng of his body, & he hath issue two sōnes and deceaseth the elder sonne entreth as heire male and hath issue a daughter and deceaseth, his brother shall haue the lande and not the daughter, for that the brother is heyre male. But it shal be other wyse in these other ta [...]ies aforesayde, which ben especifyed in the sayde estatute, the daughter shall inherite before the brother.

Also yf lande be geuen vnto a man, and to his heyres males of his body engendred and he hath issue a daughter, whiche hath issue a sonne and deceaseth and after that the donor deceaseth: in this case the sonne of the daugh­ter shall not inherite by force of the tayle, for that whosoeuer shall inherite by force of a gyft in the tayl made vnto his heyres males behoueth to conuey his discent alway by the males. M. 18. E. 3. folio. 45. But in suche case the donour shall entre for that the donee is dead without issue male in the lawe. In so muche that the issue of the daughter may not conuey to hym the discent of heyre male. And in the same maner is it where landes be ge­uen to a man and to his wyfe & to his heyres[Page 7]males of theyr two bodyes ingendred &c.

Also yf tenementes bee geuen to a manne and his wyfe▪ and to the heyres of the bo­dye of the manne ingendred, in this case the husbande hath estate in the general tayle and the wyfe but estate for terme of lyfe.

Also yf landes bee geuen to the housbande and to the wyfe, and to the heyres of the hus­bande which he ingendreth of the body of the wyfe. In this case the husbande hath estate in the speciall tayle, and the wyfe but for terme of life.

And yf the gift be made to the housbande and to the wyfe, and to the heyres of the wyfe of her body by the husband ingendred, than the wyse hath estate in the speciall taile, and the husbande but for terme of lyfe. But if landes be geuen to the husband and the wife, and to the heyres that the husband iugēdreth on the bodye of the wyfe. In this case bothe haue estate in the tayle for that this woorde (heyres) is not limitted no more to the one thē to the other.

Also yf landes be geuen to a man and hys heyres that he engendreth on the body of his wyfe in this case the husbande hath estate in the tayle special, and the wyfe nothyng.

Also yf a man haue issue a sonne, and de­ceaseth, and the lande is geuen to the sonne, and to the heyre of the body of his father in­gendred, this is a good tayle, and yet the fa­ther was dead at the tyme of the gyft.

[Page]Also there be many other estates in the tayle by the equetie of the sayd estatute that be not specified here. But if a man geue lādes or tenemētes to another to haue and to hold to hym and to his heyres males, or to hys heyres femalez, he to whō such gyft is made hath fee simple, for that that it is not limit­ted by the gyft of what body the issue male or female shalbe, and so it may not in any thīg be taken by the equitie of the sayd estatute, and therfore he hath fee simple.

¶ Tenant en tayle after possibi­litie of issue extinct.

TEnant in the tayle after possibilitie of the issue extinct, is wher as landes or te­nementes bee geuen vnto a man and his wyfe in speciall tayle, if one of them decease without issue, he that suruiueth is tenaunt in the tayle after possibilitie of issue extinct. And yf they haue issue during the lyfe of the issue, he that suruiueth shal not be sayd tenāt in the tayle after possibilitie of issue extincte. Yet if the issue decease without issue, so that there be none aliue that may inherit by force of the tayle, then he that suruiueth of the do­nees is tenant in the tayle after possibilitie of issue extinct.

Also if landes be geuen to a man and to his heires that be engendred on the body of his wife. In this case the wyfe hath nought in the tenementes, and the house band is sea­sed[Page 8]as donee in speciall tayle. And in thys case if the wyfe decease without issue of her body engendred by her housbande, then the housebande is tenaunt in the tayle after pos­sibilitie of issue extinct.

And note well that none maye bee te­naunt in the tayle after possibilitie of issue ex­tincte, but one of the donees or the donee in speciall tayle, for the donee in generall tayle may neuer be sayde tenaunt in the tayle after possibilitie of issue extinct, for that alway du­tyng his lyfe, he may by possibilitie haue is­sue that may inherite by force of the same tail. And so in the same man̄ the issue that is heire vnto the donees in a speciall tayle maye not be sayde tenaunt in tayle after possibilitie. &c. causa qua supra.

Also tenant in tayle after possibilitie of is­sue extinct, shall neuer be punished of wast, for the inheritance that once was in hym. Anno. 10 H. 6. fol. 1. But he in the reuercion maye entre, if he doth alien in fee. An. 45. E. 3. fo. 22.

¶ Tenaunt by the curtesy of Englande.

TEnaunt by the curtesye of Englande, is where a man taketh a wyfe seased in fee simple, or of fee tayle generall, or as heyre in the tayle speciall, and hath issue by the same wyfe male or female. The issue after beyng dead or aliue if the wife decease, the husband shal hold the lande during his life by the law[Page]of Englande, and this is called tenant by the curtesye for that it is not vsed in none other realme but onely in Englande. And some say that it shal not be sayd tenaunt by the curte­sye, but if that chylde that he hath by his wyfe be hard crye, for by the crye is the proofe that the child that he had by his wife was horne.

¶ Tenant in dower.

TEnant in dower is where a man is seased of certayn landes or tenemētes in fee sim­ple, or in tayle general or as heyre in the [...]a [...] special and taketh a wyfe and deceaseth the wyfe after the decease of her husband shal be endowed of the thyrde part of suche landes or tenementes that wer her housbandes in any tyme duryng the couerture, to haue and to holde to the same wyfe in seueraltie by mete [...] and boundes for terme of her lyfe, whether she haue by her housbande issue or none, and of what age that the wyfe bee, so that she passe the age of nyne yeare at the tyme of her housbandes death or els she shall not bee en­dowed. And note well that by the common lawe the wyfe shall not haue for her dower but thyrde parte of the tenementes, whiche were her housbandes duryng the espousels. By custome of some countrey she shall haue the halfe, and by custome of some towne or boroughe she shall haue the whole, and i [...] all these cases she shall bee sayde tenaunt in dower.

[Page 9]¶Also ther is two other maner of dowers, that is to say, dower called dowement in the church doore and dower called dowment by the fathers assent. Dowement at the churche dore is, where a man of ful age is seased in fee simple whiche shall be wedded vnto a wyfe, when he cometh vnto the churche doore, and there after affyaunce, and trueth plight made beetwene them, endoweth hys wyfe of his whole lande, or of the halfe or lesse parcell, & there openly declare the quantitie and the certayne of hys lande that she shall haue for her dower. In thys case the wyfe after the death of her housbande shall entre into the said quā ­titie of lande, of which her housband endow­ed her without the assignement of any manne. Downement by the fathers assent, is where the father is seased of tenementes in fee, and hys sonne and heyre apparente when he is wedded, indoweth hys wyfe at the churche doore of parcell of the landes or tenementes of his fathers of thassent of hys father, and as­sygneth the quantitie of the parcelles. In this case after the death of the sonne, the wyfe shal enter in thesame parcell without the assigne­ment of any other. But it hath ben sayd in this case that it behoueth the wyfe to haue a dede of the father, prouyng his assent and consent of suche indowement. And if after the deaths of the housbande she enter and agree to anye suche dower of the sayde two dowers at the churche doore, than she is concluded to claime[Page]any other Dower by the common lawe of a­nye landes or tenementes, whiche were of her sayde housebande. But if she will she may refuse suche Dower at the Churche doore, & than she may be endowed after the course of the common lawe. And note well that no wyfe shall bee endowed of the fathers assent in the fourme aforefayde, saue where the hus­band is sonne and heyre apparaunte to hys father.

¶Inquere in these twoo cases of Endowe­ment at the Churche doore if the wyfe at the tyme of the death of her houseband, passe not the age of .9. yeres, if she shal haue such Dow­er or no.

¶And note well, that in all cases where the certaynetie appeareth what landes or tene­mentes the wyfe shall haue for her Dower, the wyfe maye enter after the deathe of her housebande without assygnement of anye o­ther. But where the certayne appeareth not, as to be endowed of the thyrde parte to haue in seuerall, or to bee endowed of the halfe after the custome to holde in seueraltie. In suche cases it behoueth that her Dower be vnto her assygned after the deathe of her housebande, because it is not limitte beefore the assygnemente what parte of lande or te­nementes she shal haue for her Dower. But if there bee twoo ioyntenantes of certayne landes in fee, and the one alyeneth that, that to hym pertayneth and belongeth, to ano­ther[Page 10]in fee, which taketh a wyfe and after dy­eth. In this case the wyfe for her Dower shall haue the third part of the halfe that her husbande purchased, to holde in common and occupye in common as her part amounteth with the heyre of her houseband, and with the other ioyntenant whiche aliened not, for that in such case her dower may be assigned by me­tes and boundes.

¶And it is to vnderstande, that the wyfe shall not be endowed of landes or tenementes that her husband ioyntly helde with another at the tyme of his death. But where he hol­deth in commō otherwise it is, as in the case aforesayde. And it is to wit that if the tenant in tayle endowe his wife at the church dore as it is aforesaid that shall serue for little or naught to the wyfe for that y^e after the death of her husband the issue in the tayle may entre vpō the possessiō of the wife, & so may he in y^e reuerē if ther be none issue in y^e tayle alyue.

¶Also if a manne seysed in fee simple being within age endowe his wife at the churche dore, and dyeth, and the wife entreth. In this case the heyre of the husbād may put her out. But otherwise it is as it semeth where the father is seysed in fee, and the sonne within age endowe hys wyfe of his fathers assente, the father than being of full age.

¶Also there is another Dower whiche is called Dowement de la pius beale. And that is as in suche case that a manne is seised [Page]of .xl. acres of lande, and he holdeth .xx. of the sayd .xl. acres of one man by knightes seruice, and the other .xx. acres of an other in socage, & taketh a wyfe, and hath issue a sonne, and di­eth his sōne being within the age of .14. yeres and the lord of whom the lande is holden by knightes seruice entreth into the .xx. acres of lande holden of hym, and them hath and occupyeth as warden in chinalrye during the chil­des nonage, and the childes mother entreth in the remnaunt, and it occupyeth as garden or warden in Socage. If in thys case the wyfe bring a writte of Dower agaynst the war­den in chiualtye to be endowed of the tene­mentes holden by knightes seruice in the kinges court or in anye other court, the warden in chiualrye may plede in such case all the ma­ter, and shew howe the wife is warden in so­cage as it is aforesayd, and prayed that it may be adiudged by the court that the wife endow her self of the most fayre called plus beale of the tenementes that she hath as wardeyn in socage after the value of the third parte that she claymeth to haue of the tenementes in chiualrye by her writ of Dower, and if the wife may not gainsay it, then the iudgement shalbe made that the wardein in chiualrye shal hold the landes holden of hym during the nonage of the chylde quyte from the woman &c. And that the woman may endowe her selfe of the most fayre part of the landes that she hath, as wardeyn in socage to the valure of the thyrde[Page 11]parte that the wardeyn in chiualrye hath▪ &c. And after suche iudgement geuen, the wyfe may take her neyghboures, and in theyr pre­sence endowe her self by metes and boundes of the fayrest part of the tenementes that she hath as wardeyne in socage to the valure of the thyrde parte of the landes that the war­den in chiualrye hath, and that to haue & hold for terme of her lyfe. And suche dower is cal­led dower of the fayrest part or de plus beale.

¶with thys agreeth. P. xlv. E. iii. fol. 4. But there it was sayd, that after the time that the heyre come to his full age, the wyfe shall haue a newe accion of dower agaynst the heyre to be endowed of the third part of al that the mā dyed seised And note well that such dowemēt may not be, but where the iudgement is geuē in the kinges court, or in sōe other court. And the wyfe may doe this for saluacion of the state of the warden in chiualry during the nonage of the childe. And so ye may see fyue maner of dowers, that is to say dowement by the com­mon lawe, dower by custome, dower at the church doore, dower of the fathers assent and dower of the most fayre. And remember that in euery case where a man taketh a wyfe sea­sed of such estate of tenementes &c. so that the issue that he hath by his wyfe may by possibi­litie inherite thesame tenemētes of such estate that the wyfe hath, as heyre to the wyfe: In such case after the wyfe is dead, he shall haue thesame tenementes by the courtesy of Eng­lande,[Page]and otherwise not.

¶ And also in euery case where the wife ta­keth an husband seised of such estate of tene­mentes. &c. so that by possibilitie it maye hap the wife to haue some issue by her husband, & that thesame issue may by possibilitie inherite thesame tenemētes of such estate that the husband had, as heyre to his father, of such tene­mentes she shall haue her dower, and other­wise not. For if the tenementes be geuen vn­to a man & to the heyres that he geatteth on his wifes bodi, in such case the wife hath nau­ght in the tenem̄tꝭ. And the husband hath es­tate but as done in special taile. Yet if the husbād die without issue, thesame wife shal be endowed of thesame ten̄tꝭ, for that the issue that she by possibilitie might haue had by thesame husband, may inherite thesame tenem̄tꝭ. But if the wife decease liuing the husband, & after taketh another wife, the second wife shal not be endowed in this case, Causa qua supra.

¶ A manne was seised of certain landes, and toke a wife, and after aliened thesame landes with warrantye, and after the feoffour and feoffre died, and the wife of the feoffour brin­geth an accion of dower agaynst the issue of the feoffee, and he vouched the heyre of the feoffour, and during the voucher and not ter­mined, the wyfe of the feoffe bringeth an ac­tion of dower against the heyre of the feoffe, and demaundeth the third parte of al that her housebande was seised, and woulde not de­maunde[Page 12]che third part of those twoo parties that her houseband was seised it was iudged that she shoulde haue no iudgement vntil the tyme that the other plee were determined. And also note that Vauasour sayeth, that if a manne be seised of landes and committeth felonye, and alieneth, and after is attaynted, the wife shall haue good accion of dower a­gaynst the feoffee. But if it bee escheted vnto the kyng, or vnto the Lorde, she shall haue no writte of dower. And so see the diuersitie, and inquere the cause.

¶ Tenant for terme of lyfe.

TEnant for terme of life, is where a manne letteth landes or tenementes to a man for terme of life of the lessee, or for terme of lyfe for an other man. In such case the lessee is te­nant for terme of lyfe. But by common lan­guage he that holdeth for terme of his own life, is called tenant for terme of life, and he that holdeth for term [...] of another mānes life, is called tenant for terme of another mannes life. And it is to be vnderstande, that there is feoffour and feoffe, donour and donee, lessour and lesse. The feoffour is properly where a man enfeoffeth another in anye landes or te­nemētes in fee simple, he that maketh the f [...]ff­mēt is called feffour, & he vnto whō the fe [...]fe­mente is made, is called feoffee, and the do­noure is properlye where a manne geueth certayne landes or tenementes to another in[Page]the tayle, he that maketh the gift is called do­nour, and he to whom the gyft is made is cal­led donee. And lessour is properlye where a man letteth to an other certayn landes or te­nementes for terme of lyfe, for terme of yeres, or to holde at will, he that maketh the leas is called lessour, and he to whome the leas is made is called lessee, and euery one that hath estate in landes or tenemētes for terme of hys owne life, or for terme of an other mans lyfe, is called tenaunt of free holde. And none of lesse estate may haue free holde but they of gre­ter estate may haue free holde, for tenant in fee simple hath free hold: and tenant in the tayle hath also free holde.

¶ Tenant for terme of yeres. Cap. 7.

TEnant for terme of yeres is, where a man letteth landes or tenemētes to an other for terme of certayne yeres after the noumber of yeres that is accorded betwene the lessour and the lesse, and when the lessee entreth by force of the leas, thā is he tenant for terme of yeres and if the lessour in such case reserue to hym a yerely rent vpon such lees. he may choose for to distreyne for the rent in the tenemētes let­ten, or elles he may take an accion of det for the arrerages against the lessee. But in suche case it behoueth that the lessour be seysed in thesame tenemētes at the tyme of his lees for [Page 13]it is a good plee for the lessee to say that the lessour had nothing in the tenementes at the tyme of the leas except the lease be made by dede endented in which case than such ple lyeth not for the lessee to plede.

¶ And it is to vnderstande that in a lease for terme of yeres by dede or without dede, it nedeth no liuere of seisin to be made to the lesse, but he may enter whansoeuer he will by force of thesame lease. But of feoffementes made in the countrey or gyftes in the tayle, or leases for tme of lyfe. In such cases where free hold shall passe if it bee by dede or without dede, it behoueth to haue liuery of seisyn &c. But if a man let landes or tenemētes by dede or with­out dede for terme of yeres, the remaynder o­uer to an other for terme of lyfe, or in the tayle or in fee than in such case it behoueth that the lessour make liuere of seisī to the lesse for tme of yeres or elles there shall nothinge passe to them in the remayndre, though the lesse enter in the tenementes. And if the fermour in such case ētre before any suche liuere of seisī made vnto him than is the free hold and the reuer­cion in the lessour. But if he make any liuere of seisin vnto the lessee, than it is free holde with the fee of thē in the remayndre after the fourme of the graunt and will of the lessour.

¶ And if a manne will make a feoffement by dede or without dede of landes or tenemētes that he hathe in moe townes than in one in one shire, if the liuere of seisin be made in one[Page]parcel of the tn̄tꝭ in one town in the name of al it sufficeth for al the other lādes or tenemē tes cō p̄hended in thesame feoffmēt in al other townes in thesame shyre. But if a mā make a dede of feffement of landes or ten̄tꝭ in diuers shyres, there it behoueth him to haue in euery shyre a liuere of seisin. And in such case a mā shal haue by the grāt of another fee simple, fee taile, or free hold without liuere of seisin. And if .ii. mē be & eche of thē is seised of a quātitie of land withn one shire, & the one grāteth his land to the other in exchāge for the land that the other hath, & in thesame maner the other granteth his land vnto the first grant our in exchange for the land that the first grant our hath. In this case eche may entre in the other landes so taken in exchange wihoute any li­uere of seisin. And suche exchaunge made by woordes of tenementes within thesame shire without any wryting is good ynough. And if the landes or tenementes bee in dyuerse shyres that is to saye, if that the one haue in one shyre, & the other hath in an other shyre, it behoueth to haue a dede indented made betwene them of such exchaunge.

¶ And note that in exchange it behoueth that the estates that both parties haue in the lan­des so exchanged be egall. For if the one wil­leth and granteth that the other shal haue his lande in the tayle, for the land that he hath of the graunte of the other in fee symple, though the other is agreed to that, yet thys exchange[Page 14]is but voyde, for that the estates be not euen.

¶ In thesame maner it is where it is gran­ted and agreed betwene thē that the one shal haue in the one land fee taile, & the other shal haue in the other land but terme of life. Or if one shall haue in the one land fee tayle gene­ral, and the other in the other land fee tayle especial. So alway it behoueth that in exchāge the estate of both parties be euē, that is to say if that one haue fee sīple in that one lād, that the other shal haue such estate in the other lād and if the one hath fee tayle in the one land, than the other shal haue likewise in the other lād. Et sic de alus statibus. But it is nothing to charge of the euen value of the landes, for though that the land of that one is so muche more in value, than the lande of the other, thys is nothynge to purpose, so that the esta­tes made by the exchaunge be euen, and so in exchaunge by two grauntes, for euer part grant eche his land to the other in exchange, and in eche of their grauntes mencion shall be made of the exchaunge.

¶ And if a mā let lād to another for terme of yeres, though the lessour dye before the lessee enter into the tenemētes, yet may he enter in­to the tenemētes after the death of the lessor, for that. y^t the lessee by force of the lease, hath right incontinent to haue the tenementes af­ter the fourme of the lease. But if a manne make a dede of feoffemēt vnto another, & a letter of attorney to a manne to deliuer to hym[Page]seisin by force of thesame dede, yet if the liue­re of seisin be not made in the lyfe of hym that made the dede, it auayleth not, for that the o­ther hath no maner of right to haue the tenementes after the purporte of the dede before the liuere of seisī &c. And if no liuere be made than after the deth of him that made the dede the right of such tenem̄tꝭ is continent in hys heyre or in some other. Also if tenementes be lette to a man for terme of halfe a yere, or for terme of a quarter of a yere &c. In such case if the lessee make waste, the lessour shall haue agaynst him a writte of waste, and the writte shall saye: Qui tenet ad terminum annorum. But he shall haue a speciall declaracion vpon the trouth of this matter, and the plee shal not abate the wryt for that, that he may haue no otherwrit vpon the matc̄. Anno. 7. H. 7. fol. 1.

¶ Tenant at will. Ca. 8.

TEnaunt at will is, where landes or tene­mentes be letten by a man vnto an other, to haue and to holde to him at the will of the lessour, by force of whiche lease the lessee is in possession. In suche case the lesse is called te­nant at will, for that he hath no certayn sure estate for the lessor, may put him out at what time it pleaseth him, yet if the lesse sowe the lande and the lessour after the sowing and be­fore that his greynes be ripe putteth him out yet shal the lesse haue hys greynes, & shal haue free egresse and regresse to reape and to cary[Page 15]hys greines, for that he wist not at what time his lessour would enter vpō him. Otherwise it is if tenant for terme of yeres before y^e end of his terme soweth the land, and the terme is ended before that hys greynes be rype. In thys case the lessour, or he in the reuercyon shall haue the greynes, for that the farmour knew well the certayn of his terme & whan his terme should be ended.

¶ Also if an house be lette to a man to holde at will, by force of which the lesse entreth in­to the house, within which house he bringeth hys houshold sluffe, and after the lessour put­teth him out, yet shall he haue free entree, e­gresse and regresse in thesame house by reaso­nable time to cary his goodes and housholde stuffe. And if a man be seised of a house in fee simple, fee tayle, or for terme of lyfe, the which hath certayn goodes within the same house, and maketh hys executours and disceiseth, whosoeuer after his death hath the house yet shal his executours haue free entre, egresse & regresse to carye out of the house the goodes of theyr testatours by a reasonable tyme.

¶ Also if a man make a dede of feoffemente vnto an other of certayn land, and deliuereth to him the dede but no liuery of sesin. In this case he to whome the dede is made may enter into the land, and hold & occupy it at the will of him that made the dede for that, that is proued by the woordes of the dede, that it is his will that the other shall haue the lande. But[Page]he that made the dede, may put him out when he will.

¶Also if an house be let to holde at wil, the lessee is not holden to sustayne or repayre the house, as tenant for terme of yeres is holden to doe. But if the lessee at will make volūta­ry wast, as in pullīg down of houses, or in cut­ting or felling of trees: It is sayd that the tessour shall haue for that against him an accio [...] of trespas. As if I deliuer to a man my shepe to donge or marle his land, or myne oxen t [...] eyre his land, & he slayeth my beastes, I ma [...] well haue an accion of trespas agaynst hym notwithstanding the deliuere.

¶Also if the lessour vpon suche lease at will reserue vnto him a yerely rent, he maye dystreyn for the rent behynd, or to haue for tha [...] an accion of Dette at his owne choyse. H. v [...] R. ii. in Repleuin.

¶ Tenant by copye of courte rolle. Cap. 9.

TEnaunte by copye of court rolle, is as [...] manne be seised of a Maner within which Maner there is a custome, and hath been vsed tyme out of mynde, that certain tenante [...] within thesame maner haue vsed to haue la [...] des or tenementes to holde to thē & to they [...] heyres in see simple or in fee tayle, or for [...]m [...] of life. &c. at the will of the lord, after the custome of thesame maner. And suche a tenante [...] maye not aliene the lande by dede, for tha [...] [Page 16]the Lorde maye entre as in a thynge forfayte to hym. But if he will aliene hys lande to an other, hym behoueth after some custome to surrender the tenementes in some courte. &c. unto the lordes handes to the vse of hym that shall haue the estate in such fourme or to such effect. Ad hanc curiam venit. A. de. B. & sur­sum reddidit in eadem curia vnum meswage­um &c. in manus domini ad vsum. E. de. A. et heredum suorum vel heredum de corpore suo exeunt vel pro termino vite sue &c. Et super hoc venit predictus E. de A. & cepit de domi­no in eadem curia meswagium predictum. &c. habendum & tenendum sibi & heredibus suis, vel sibi & heredibus de corpore suo exeunti­bus, vel sibi, ad terminum vite sue, ad volun­tatem domini secundum consuetudinem ma­nerii, faciend, & reddendum inde reddit, debit, seruicia, consuetudines inde prius debitas, & de iure consuetas, & dat domino de fine &c. Et fecit domino fidelitatem &c. That is to say A. of B. cummeth vnto thys court, and surrē ­dreth in the same courte a mese. &c. into the handes of the Lorde, to the vse of E. of. A. and hys heyres, or to the heyres, issuynge of hys bodye, or for terme of lyfe &c. And vpon that, cummeth the foresayde E. of. A. and taketh of the Lorde of thesame court the fore­sayd mese. &c. to haue and to hold to him and to his heyres, or to him & to his heires issuing of his body, or to hī for tme of life at y^e lordes will after custome of the maner, to doe & yeld[Page]therfore rētes, dettes, seruices, and customes therof before dewe and accustomed. &c. & ge­ueth the Lorde for a fyne. &c. and maketh vnto the lord his fealtie. &c. And such tenauntes been called tenantes by Copy of court rolle for that they haue none other euidence con­cernyng theyr tenementes, but the copies of the court rolles, and such tenauntes shal no [...] implede nor be impleded of theyr tenementes by the kinges writ but if they will implede o­ther for their tenem̄tes they shal haue a play [...] made in the court of the lord in such fourme or to such effect. A. de. B. queritur versus C. d [...] D. de placito terre, videlicet de vno meswagio quadr [...] ginta acris terre quatuor acris pr [...] ti. &c. cum pertinenci [...]s. Et facit protestacionem se qui querelam istam in natura breui [...] domini Regis assise mortis antecessoris a [...] communem legem, vel breuis domini regi [...] assise none dysseisine ad communem legem That is to say. A. of B. complayneth against C. of D. of a plee of lande, that is for to say [...] of a mese. and .xl. acres of land, fowre acres medowe. &c. with the appurtenances and m [...] keth protestacion to sue his playnt in natur [...] of the kinges writ of assise of the death of his antecessour at the common lawe, or by writ t [...] of our souerayn lord the king of assise of noue [...] disseisin at the common lawe, or in nature o [...] some other writte &c. pledges and proces. F [...] G. And though that some such tenantes haue inheritance after the custome and maner, ye [...] [Page 17]they haue none estate but at the lordes wyl, & after the cours of the common lawe, for it is sayd yf the lorde put them out, they haue none other remedy but to sue vnto the lorde by pe­ticion. For yf they had any other remedy, they should not be sayde tenaunts at the Lordes wyll, after the custome of the maner, but the lorde wyll not breake the custome that is rea­sonable in suche cases. But Brian chyef Iu­stice sayth, that his oppinion alwayes hath been and alwayes shalbe, if such a tenaunt by custome (paying his seruices) bee cast out by the lorde he shall haue an accion of Trespas agaynst hī. H. 21. E. 4. And likewise was y^e op­pinon of Danby chief Iustice. M. 7. E. 4. for he sayth that the tenant by the custome is aswel inherite to haue his lande after the cu­stome aswell as he that hath franktenement by the comon lawe.

TEnauntes by the yarde, be in suche nature as tenauntes by copy of court rolle. But the cause for which they be called tenauntes by the rodde or yarde, is for that whan they wyll surrender theyr tenementes into the lordes hande to the vse of another, they shall haue a little yarde or rodde, by the custome & vse of theyr handes which they shall delyuer vnto the Stewarde or baylife, after the cu­stome and vse of the maner. And he that shal haue the land shall take the same lande in the court, and his takyng shalbe entred in y^e rolle And the stewarde or the baylife according to[Page]to the custome shall deliuer vnto hym that ta­keth the land the same yarde or another yarde in the name of seisin. And for this cause they be called tenauntes by the yarde. But they haue none other euidence but copy of y^e counrolle.

¶And also in diuers lordshippes and ma­ners there is such custome, if suche a tenaunt that holdeth by the custome wyll alyen hys landes or tenementes, he may surrendre hys landes vnto the bailiffe or to the reue, or to two sad men of thesame Lordship, to the vse of him that shall haue the lande, to haue in [...] simple, fee tayle, or for terme of lyfe. &c. and all that shall they presente at the next courte. And than he y^e shall haue the land by copye of court rolle, shall haue thesame lande after the entent of the surrendre. And so it is to wete that in diuers lordshippes and diuers maners ther be made diuers customes in such case, as to take tenauntes and as to plede and as tou­ching other thinges and customes to be done and all that that is not against reasō may wel be admitted and alowed. And such tenauntes that holde after the custome of a seignorye or after the custome of a maner though thei haue estate of inheritance after the custome of the lordship or of the maner, yet because thei haue not any freholde by the courte of the common law, they be called tenantes by base tenure.

¶And diuers diuersities ther be betwene a tenant at wil which is in by the lessee of his[Page 18]lessour by the cours of the common law, and tenaunt after the custome and maner in the forme aforesaide. For tenant at wyl after the custom may haue estate of inheritance as it is aforesayde at the lordes wyl after the custome & vsage of the maner. But if a mā haue lādes or tenementes which be not within such ma­ner or lordship where such custome hath been vsed in the forme aforesayde, and wyl let such landes or tenementes to another, to haue and to holde to hym and to his heyres at the wyll of his lessour these words to the heyres of the lesse, be voide for this is the cause if the lessee dye, and his heire ētreth the lessour shal haue a good accion of trespas against hym, but not so agaīst the heire of the tenāt by the custome &c. in any case for that the custome of the ma­ner in some case may helpe hym to barre hys lorde in any accion of trespas.

¶Also tenaunt by the custome in some places ought to repayre and sustayn the houses and the other tenaunt at wyl ought not. Also one by the custome shal dooe fealtie and the other not. And diuers other dy­uersities there be be­twene them.

HOmage is the most honorable ser­uice and most humble seruice of re­uerence, that a franktenaunt maye doe to his lorde. For whan the te­naunt shal make homage to his lorde he shall descende and his head vncouered, & his lord shall sit, and the tenant shall knele before him on both his knees, & holde his handes ioyntly together betwene the handes of his lord, and shall say thus. I be come your man from this daye forwarde of lyfe and lymme & of earthly worship and vnto you shall bee true & fayth­ful, and bere you faith of the tenementes that I clayme to hold of you sauing the fayth that I owe vnto oure soueraygne lorde the kyng. And whan the Lorde so syttyng shall kysse hym.

But yf an Abbot or a priour or any other man of religion shall make homage vnto hys lorde he shall not saye. I become your manne [...] for that he hath professed hymself onely to be goddes man. But he shall say thus, I do you homage and vnto you shall bee trewe & faith­full, and bere you fayth for the tenemētes that I clayme to holde of you. Sauyng the fayth that I owe vnto our soueraygne Lorde the kyng.

¶Also yf a woman sole shall make ho­mage vnto her Lorde. She shall not saye I become your woman. For that is not conue­nient for a woman to saye that she shall be­come the woman to any but onely to her hus­bande[Page 19]when she is wedded. But she shal say I make vnto you homage, and to you shal be true and faythfull and shall bere you fayth of the tenementes that I hold of you, sauing the faith that I owe vnto our souerayne Lorde the kyng.

¶But if a man haue seueral tenācies which he holdeth of seueral lordes, that is to say e­uery tenancy by homage. Than whan he ma­keth homage vnto one of his Lordes he shall say in the end of his homage. Sauing the faith that I owe vnto the king and vnto my other lordes.

¶And note wel that none make homage but such as hath estate in fee simple or in fee tayle in his own right or in another mannes right. For it is a grounde in the lawe, that he that hath estate but for terme of lyfe, shall make none homage nor take none homage.

For yf a woman haue landes or tenementes in fee symple or in fee tayle which she holdeth of her Lorde by homage and taketh an hous­bande and hath issue, than the husbande in the lyfe of the wyfe shal make homage, for that he hath tytle to haue the lande by the curtesy yf he suruyue hys wyfe. And also he holdeth in y^e ryght of hys wyfe. But afore yssue betwene them, the homage shal be made in both theyr names. But yf the wyfe decease before ho­mage made by the husband in the wyues life, and the husband holdeth hymself in as tenant by the curtesy he shall make no homage vnto[Page]his lord, for that he hath than none estate but for terme of lyfe. More shalbe sayd of homage in the tenure of homage auncestrel.

¶ Fealtie. Cap. 2.

FEaltie is as much to say as fidelitas in la­tin, and whan a franktenaunt shall make fealtie vnto the Lorde he shal hold his right hande vpon a boke and shall say thus.

¶Heare you this my lord, that I vnto you shalbe faithfull and trewe, & beare you fayth of the landes or tenementes that I clayme to holde of you, and truely to you shall dooe the customes and seruices that I ought to dooe vnto you at termes assigned, as god me helpe and al his sainctes, & than he kisseth the boke▪ But he shall not knele whan he maketh hys fealtie, nor shall make such humble reuerēce as is aforesayde in homage. And great diuer­sitie there is had betwene makyng of fealtie [...] of homage. For homage may not be made but to the lorde hymselfe. But the Stewarde of the lordes court or the bailife may take fealtie of the lorde.

¶Also tenant for terme of life shall make fealtie, and yet he shall make none homage [...] diuers other diuersities ther be betwene ho­mage, and fealtie.

¶Also a manne maye see a good note Anno. 15. E. 3. where and howe a manne and his wife made homage and fealtie in the cō ­mō bank, which is writtē in such forme. Note[Page 20]that Iohn Lewkenor and Elizabeth his wife made homage vnto william Thorpe in thys maner. The one and the other hylde ioyntlye their handes betwene the handes of willyam Thorpe, and the husband sayd in this wyfe. we vnto you make homage and beare you fayth for the landes that we holde of A. your Conusour which hath graunted you our ser­uices in B. and in C. and the other townes. &c. against all men, sauing the fayth that we owe vnto our souerayne lorde the Kyng and to his heires and to our other lordes, and the one and the other kissed hym. And after they made fealtie, and the one and the other hylde their handes together, vpon a boke, and the husbande sayde the woordes and both kyssed the boke. More shall be sayde of fealtie in the tenure of Socage and in the tenure of franke almoyne, and in the tenure of homage Aun­cestrell.

¶ Escuage.

EScuage is called in latin Scutagium, that is to say seruice of shielde. And such a tenāt that holdeth his lande by escuage, holdeth by knightes seruice. And also it is comenly sayd that some hold by a fe of knightes seruice and some by the halfe fee of knightes seruice. &c. And it is said that whā y^e kyng maketh a voy­age rotal into Scotlād for to subdue y^e Scots he that holdeth by a fee of knightes seruice, behoueth to bee with the king by .xl. dayes well and couenably arrayed for the war. And[Page]lykewyse he that holdeth his lande by the half of a fee by knightes seruice, ought to be with the kyng by .xx. dayes. And he that holdeth hys lād by the fourth part of a fe by knightes seruice, hym behoueth to be with the kyng by x. dayes. And so after the quantitie, he that hath more to do more and he that hath lesse to do lesse. But it appeareth by the plees and ar­gumentes made in a good plee vpon a wryte of Detenue of an obligacion brought by one Harry Gray. Anno. 7. E. 3. That it nedeth not to hem that holdeth by escuage to go hymselfe yf he wyll fynde an able parson for the warre couenably arrayed for the warre to go wyth the kyng, and that semeth good reason. For it may be that he that holdeth by such seruice is sycke in suche wyse, that may not go nor ryde.

¶And also an Abbot or any other man of religion or a woman sole that holdeth by such seruyce, ought not in such case to go in proper parson. And syr william Herle that time chief Iustyce of the common place sayd in the sayd plee that escuage shall not bee graunted but where the kyng hymself goeth in proper par­son. And so it abode in iudgement in the same plee yf these .xl. dayes shalbe accompted from the day of the muster of the kinges host made by the commons and by the kynges commaū ­dement. Or els from the day that the kyng fyrst entreth into Scotlande. &c. therefore in­quere of this matter.

¶And after suche voyage into Scotlande[Page 21]it is commonly sayde, that by the auctoritye of parliament the escuage shall be set and put in certayne, that is for to saye a certayn somme of money, howe much euery that holdeth by a whole fee of knyghtes seruice which was not in his own proper parsō, nor none other with hym with the kyng shall paye vnto the Lorde of whom he holdeth his lande by escuage. As put case that it was ordeined by auctoritie of parliament that euery that holdeth by a whole fee by knyght seruice which was not with the kyng, shall pay to his lorde .xl. s. Than he that holdeth by the halfe of a fee by knyghtes ser­uice shall paye vnto his lorde but xx. s. and so who more more, and who lesse lesse. And some tenauntes hold that yf escuage renne by au­toritie of parliament to any summe of money that they shall paye but the halfe of that sōme & sūme but the fourth part of that sōme. But because the escuage that they shall pay is not certayne for that it is at no certayn what the parliament wil assese the escuage they holde by knyghtes seruice. But otherwyse it is of escuage certayne of which shalbe spoken of in the tenure of socage.

¶And yf a man speake generally of escu­age it shall be vnderstande by the common speache of escuage not certayne whiche is knyghtes seruyce. And suche escuage draweth vnto hym homage, and homage draweth vn­to hym fealtie, for fealtie is incident to eue­rye maner of seruyce, but to the tenure of[Page]franke almoygne as it shalbe sayde hereafter in tenure of franke almoygne. So as he that holdeth by escuage holdeth by homage, fealtie, and escuage.

¶And it is to be vnderstande that whan escuage is so sessed by aucthoritie of parliamēt euery lorde of whom the lande is, holden by escuage shall haue the escuage so sessed by the parliament because it is vnderstande by the lawe that at the beginning such tenementes were geuen by the lordes to hold by such seruices to defende theyr lordes as well as the kyng and to set in quiet and rest theyr lordes and the kyng of the Scottes aforesayd. And for that suche tenementes came fyrst of the Lordes, it is reason that they haue the escu­age of theyr tenementes.

¶And the lordes in such case may distrei [...] for the escuage so assesed or thei may haue the kinges writtes directe vnto the Sherifes of the Shyres to leuy suche escuage for them a [...] it appeareth by the register. Fol. 88.

¶But of such tenauntes that holde of the kyng by escuage which wer not with the ki [...] in Scotlande, the kyng himself shall haue the escuage.

¶Item in suche case aforesaide, where the kyng maketh a voyage royall into Scotland, and the escuage is assessed by the parlament, if the lorde distrayne his tenaunt that holdeth of hym by seruice of a whole knightes fee for y^e escuage so assessed. &c. And the tenāt pledeth[Page 22]and will auerre that he was with the kyng in Scotlande. &c. by .xi. dayes, and the lord wil auerre the contrarie, it is sayd that it shall bee tryed by the certificacion of the constable of the kynges hoste, in writing vnder hys seale which shalbe sent to the iustices.

¶ Homage fealtie, and escuage.

TEnure by homage, fealtie and escuage, is to holde by knightes seruice & it draweth vnto him warde, mariage, and relief. For whā such a tenant dyeth his heire male being with in age of .xxi. yere, the lord shall haue the lande holden of hym vntyll the age of the heyre of xxi. yere, which is called plaine or ful age for that such an heire by the vnderstanding of the lawe, is not able to do knyghtes seruyce be­fore the age of xxi. yere.

¶And also yf suche an heyre be not ma­ryed at the tyme of the death of his auncester than the Lorde shal haue the warde and ma­ryage of hym. But yf suche a tenaunt dye, hys heyre female beyng of the age of .xiiii. yeare or more than the Lorde shall not haue the warde nother of the lande nor of the body, for that a woman of suche age maye haue an husbande able to deoe knightes seruyce. But yf suche an heyre female bee within the age of xiiii. yeare and not maryed at the tyme of the deth of her ancester, thā the lord shal haue the[Page]warde of the lande holden of hym tyl the age of such an heyre female, of .xvi. yere. For that it is geuen by the statute of westmynster the fyrst. cap. 22. that by two yere next folowyng the sayde .xiii. yere, the Lorde maye tender a conuenyent mariage without dyperagyng of suche an heyre female. And yf the lord do not tender her suche mariage within the said two yere, than she at the ende of the sayd two yere may enter and put out the lorde. But yf suche an heyre female be maryed within the age of xiiii. yere in the lyfe of the auncester, and the auncester dye she beyng within the age of xiiii. yere the lorde shall haue but the warde of the lande tyll a ende of .xiiii. yere of age of suche an heyre female. And than her husband and she may enter into the lande and put out the lorde, for this is out of the case of the sta­tute. Insomuch that the lorde can not tender mariage to her that is maryed. &c. For before y^e sayd estatute of westmister the fyrst such is­sue female that was within age of .xiiii. yere at the tyme of the death of her auncester, and after that she had accōplished the age of .xiiii. yere without any tender of mariage to her by the Lorde suche an heire female than myght enter into the lande and put out the lorde as it appeareth by the rehersal & by the wordes of thesame estatute. So that the sayde statute was made in such case all for the auauntage of the lorde as it semeth. But yet that at all tymes is vnderstande by the wordes of the [Page 23]same estatute, that the Lorde shall not haue the two yere after the .xiiii. yere as it is afore­sayde.

¶And note well that the full age of heyre male and female after the common speache, is sayde the age of .xxi. And the age of discre­cion is sayde the age of .xiiii. yere for a childe at such age whiche is wedded within suche age to a woman may agree to the maryage or dysagree.

¶And yf the wardeyne in chiualrye mary once his warde within the age of .xiiii. yere, & after the age of .xiiii. yere he disagreeth to the maryage. It is sayde by some folke that the chylde is not holden by the lawe to bee ma­ryed another tyme by his wardeyne, for that the wardeyne had once the mariage of hym, and therfore he was out of his ward as con­cernyng the warde of his body. And whan he had once the mariage of hym & therfore was out of his ward he shall no more haue the mariage of hym. In the same maner it is yf the wardeyne marye hym and the wyfe dye, the childe beyng within age of .xiiii. yere, or .xxi. yeres. And that the chylde maye disagree to such mariage whan he come to the age of .xiiii yere it is proued by the wardes of the statute of Marton Cap. 6. that sayth thus. De domi­nis qui maritauerint illos quos habent in cu­stodia sua villanis & alijs sicut burgences vbi disparagētur, si tales homines furit infra. 14 annos et talis etatis ⁱ matrimonio ꝯsētire nō [Page]possint, tunc si parentes illius conquerantu [...] dominis ille amittat custodiam illam vis (que) ad etatē heredis. Et omne cōmodū ꝙ inde recep­tum fuerit conuertatur in cōmodū heredis in­fra etatem exiūentis secundum dispositione [...] parentum propter dedecus et impositum. S [...] autem fuerit .xiiii. annorum et vitra qua consentire poterit, et tali maritagio consenserit nulla sequatur pena. And so it is proued by the same statute that no dysperage shalbe but where that he that hath the warde marieth hym within the age of .xiiii. yeare.

¶Also it hath bene a question howe these wordes should be vnderstande. Si parent [...] conquerantur. &c. And it semeth vnto some that consideryng the statute of Magna ca [...] cap. vi. that wylleth that heredes marite [...] abl (que) disperagacione. &c. vpon which this sa [...] statute of Marton vpon this point is groun­ded as it semeth and in so muche that it wa [...] neuer se [...]e that any accion was brought vp the statute of Marton for suche disparagy [...] agaynst the wardeyne, and yf any accion [...] be taken vpon suche matter it shal be taken [...] commune presumpcion before this time, or [...] some time to bee put in vre, that these worde shal be vnderstande in such maner. Si paren [...]es conquerantur .i. Si parentes inter se is mentantur, which is as muche to saye that [...] the cosyns of suche a child haue cause to make lamentacion and complaynt among them [...] the shame done to theyr cosyn so dysparag [...] [Page 24]which is in a maner a shame to them all, than may the next cosyn to whō the heritage may not discende, enter and put out the wardeyn in chiualry. And yf he wyll not, another cosyn of the chyldes may dooe it and he to take the issues and profytes vnto the vse of the chylde [...]nd of that yeld the chylde accompt whan he commeth vnto his full age. Or els the chylde within age may enter himself and put out the [...]ardeyn. &c. Sed quere de hoc.

¶Also there is many other diuers dispera­rynges, which be not specifyed in the same e­ [...]tatute. As yf the heyre that is in warde be ma [...]yed vnto one that hath but one foote, or one [...]ād or is deformed or lame, or hauing an hor­able disease, or els a great and continuall in­yrmitie or yf the heyre male bee maryed to a woman passed chylde bearyng. And manye o­ [...]her causes of disperagyng ther be, but inquier [...]or them for it is good matter to learne. And [...]f heyres males that be w^tin age of .xxi. yere, [...]fter the death of theyr auncesters vnmary­ [...]. In such case the lord shal haue the mary­ [...]ge of suche an heyre, and haue space & tyme [...]o tender to hym couenable maryage without [...]ysperagyng within the same tyme of .xxi. [...]ere.

¶And it is to wytte that the heyre in [...]uche case may choose yf he wyll bee ma­ [...]yed or no. But yf the Lorde whyche is [...]alled wardayne in Chiualrye tender a couenable Maryage to suche an heyre, [Page]within the age of .xxi. yere without dyspera­gyng and the heyre refuse, and mary not him self within the same age. Than the sayd wardeyne shall haue the value of the maryage o [...] suche an heire. But if suche an heire male mary himself within the age of .xxi. yere again [...] the wyll of the wardeyne in chiualrye. Tha [...] shall the wardeyne haue double the value [...] that mariage by the force of the estatute [...] Marton aforesaide, as in the same statutes more fully comprised.

¶Also diuers tenātes hold of their lorde by knightes seruice, and yet thei holde not [...] escuage nor paye no escuage as they that ho [...] theyr landes by castel warde that is to saye [...] kepe a towre of a castle or a gayle, or some o­ther place by reasonable warnyng whā th [...] lordes here tell that enemies wyl come or [...] come into England. And in many other case a man may holde by knightes seruice, and y [...] he holdeth not by escuage nor payeth no es [...] age as shalbe sayde in the tenure of graunt sergeauntie. But in all cases where a man holdeth by knyghtes seruices suche seruic [...] draweth to the Lorde warde and mariage. And yf a tenaunt that holdeth of his lorde [...] seruice of an whole knightes fee dye, his h [...] beyng at ful age of .xxi. yere his heyre shal yf vnto his lord. C. s. for a relefe & he that ho [...] ­deth by the half fee shall pay. i. s.

¶Also yf a man holde his land of his [...] by the seruice of two knightes fees than [...] [Page 25]heyre at full age at the tyme of the deathe of hys auncestre, shall pay to hys Lorde .x. [...]i. for reliefe.

¶Also if there be graundfather, mother, and sonne, and the mother dyeth liuing the father of the sonne, and after the graundfather which held hys lande by knightes seruice dyeth sei­sed and the lande descendeth to the sonne of the mother, as heyre to the grandfather which is within age. In such case the lord shal haue the warde of the land but not the warde of the heyre. For that none shalbe in ward of his body liuing hys father, because the father du­rynge hys lyfe, shall haue the mariage of hys heyre apparaunt, and not the Lorde. Other­wyse it is if the father be dead liuyng the mo­ther, where the land holden in chiualrye des­cendeth to the sonne on the fathers syde. &c.

¶Also if a manne be feysed of land which is holden by knyghtes seruice, and maketh feoff­ment in fee to hys vse, and dyed seysed to the vse of hys heyre within age, & no will by hym declared, the lord shall haue a writte of ryght, of the body and the land. Lykewyse, if the te­naunt had dyed seysed of the demeine. And if the heyre be of full age at the death of hys aū ­cestre: In such a case he shall paye reliefe, likewise if he had been seised of the demesne, and that is by the statute of Anno. 4. H. 7. Cap. 7.

¶Also there is a warden in ryght chiualry, & warden in dede in chiualry, warden in ryght chiualrye, is where the Lorde because of hys[Page]lordship is seised of the ward of y^e land, & the heyre vt supra. warden in dede in chiualry, is where the lorde in suche case after hys seysyn [...] granteth by dede or without dede the warde [...] of the land or of the heyre or of bothe to ano­ther man by force of which graunt, the graū ­te is in possession, than is the graunte called warden in dede. &c.

¶ Tenure in socage. Cap. 5.

TEnure in socage, is where the tenant holdeth of hys lorde hys tenauncy by certayn seruice for all maner of seruice so that the seruice bee not knyghtes seruice. As where a manne holdeth his land [...] of his Lorde by fealte and certayne rente for all maner of seruice, or elles where a manne [...] holdeth hys lande by homage fealtee, and certayne rente for all maner of seruices, for homage by hymself maketh not knightes ser­uice.

Also a mā may hold of his lord only by fe­alte, & such tenure is tenure in socage, for euery tenure y^t is not tenure in chiualry, is tenure in socage. And it is sayd that the cause wher­fore such tenure is sayd and hath the name of tenure in socage is thus. Quia hoc socagi [...] idē est ꝙ seruiēsoce. Et hec socasoce idē est ꝙ caruca. s. one soke or one plough land. And in old time before y^e lamitaciō of tyme of mynd,[Page 26]great part of the tenantes that hyld of theyr lordes by socage, oughte to come with theyr plowes euery of the sayd tenantes by certain dayes in the yere, to eyre and so [...]e the lordes landes of hys owne graynes. But for that suche woorkes were do [...]ne for the lyue lode and sustenaunce of their lordes, they were ac­quited against their lorde of all maner of ser­uices. And for thys that suche seruice was doone with their plowes, suche tenure was called tenure in socage. And after that suche seruice were chaunged in dyuers other ma­ner seruice by consent of the tenauntes, and by the desyre of theyr lordes, that is to say in­to a yerelye rente &c. But yet the name of so­cage abydeth, and in dyuers places tenantes yet dooe suche seruice with theyr plowes vnto their Lordes, so that all maner of seruices that be not tenures by knightes seruice be called tenures in socage.

¶Also if a manne holde of hys Lorde by escuage certayne. That is to saye in suche fourme, that when escuage tenneth and is assessed by the parlyamente to a more summe or to a lesse summe, that the tenaunte shall paye to hys Lorde, but halfe a marke for escuage, and neyther more ne lesse, to howe great summe or little summe that the escu­age runneth in thys case, because the escu­age is in certayne, before that anye escuage is assessed. &c. Such tenure is tenure in socage and not knyghtes seruice. But where the [Page]somme that the tenant shall paye for escuage, is not certayn, that is to say where it may bee that the somme that the tenant shall paye for escuage may be at one time more and another lesse, after that it is assessed &c. thā such tenure is tenure by knyghtes seruice.

¶Also if a man hold hys land for to pay cer­tayn rent to hys lord for castel warde, such tenure is tenure in socage. But where the te­nantes selfe ought by hym or by any other to make castel warde, such is tenure by knightes seruice.

¶Also in all cases where the tenant holdeth of hys lorde to paye to hym any certayn rent, that rent is called rent seruice.

¶Also in such tenures in socage, if the tenā [...] haue issue and dye, hys issue beyng within the age of .14. yere, than the next frend of y^e heyr to whom the heritage may not discende shal [...] haue the warde of the land, and of the heue, vnto the age of the heyre of 14. yere, and such [...] wardeyn is called warden in socage. For yf land dyscend to the heyre by the father syde, than the mother, or some other nygh cosyn [...] the mother syde shall haue the warde, And yf land dyscend to the heyre by the mother syde than the father or the next frēd of the father syde shall haue the ward of such landes or te­nemētes. And whan the heyre cometh to the age of .14. yere complet, he may enter and put out hys wardeyn in socage, and occupye the land hymselfe if he will. And such warden in [Page 27]socage shall take no issues or profites of suche landes or tenementes to hys owne vse, but onely to the vse and profyte of the heyre, and of that shal yeld account whan it pleaseth the heyre after that the heyre hath accomplyshed the age of .14. yere. But such a wardeyn vpon such accounte shall haue allowance of all hys resonable costes and expences of al thynges. And if such a wardeyn mary the heyre with­in age of .14. yere, he shall make account to the heyre or to his executours of the value of the mariage, though he toke nothyng for the va­lue of the mariage, for that it shall be arected hys own foly, that he would marye him with [...]ut takyng the value of the mariage without [...]he marye hym to such a mariage that is worth in value as much as the mariage of the heyre &c. Also if anye other man that is not a nygh frend. &c. occupy the landes and tenementes of the heyre as wardeyn in socage he shall be compelied to yeld account vnto the heyre, as well as hys next frend. For it is no plee for hym in a wrytte of account to saye that he is not hys nygh frend &c. But he shall aunswere whether he occupyeth the landes or tenem̄tꝭ as warden in socage or not. But inquire if after that the heyre haue accomplyshed the age of .14. yere, and the warden in socage continu­ally occupyeth the lande tyll the heyre cometh to full age of .xxi. yere. If the heyre at hys ful age shall haue an accion of accounte agaynst the wardeyn of the tyme that he hath occupy­ed[Page]after the sayde fowretene yeres, as agaynst hys warden in socage, or agaynste hym as a­gaynste hys baylyfe.

¶Also if wardeyn in chiualrye make his executoures, and dye, the heyre beyng with­in age & cetera, the executoures shall haue the warde, durynge the nonage. But if the wardeyn in Socage make executoures and dye, the heyre beeyng within age of fower­tene yeres, hys executoures shall not haue the warde, but an other nigh frende to whom the heritage maye not dyscende, shall haue the warde. And the cause of diuersitie is, for that the wardeyne in chiuairye hathe the warde to hys proper vse, and the wardeyne [...] Socage hathe not the warde to hys owne vse, but to the vse of the heyre. And in such case, where the wardeyne in Socage dyeth before anye suche accoumpte made by hym, the heyre is of that withoute remedye, for that no wrytte of accoumpte lyeth agaynste the executoures, but onely for the kynge. Al­so the Lorde of whome the lande is holden in Socage after the deathe of hys tenaunte, shall haue reliefe in suche fourme. If the tenaunte holde by fealtee, and certayne rent to pay yerely. & cetera. If the termes or pay­ment bee to paye by two termes of the yere, or by fowre tearmes of the yere, the Lorde shall haue of the heyre of hys tenaunte, as­much as the rent amounteth that he shoulde paye by yere. As if the tenaunte hylde of the [Page 28]lorde by fealtie, and. x. shyllinges of rent pay­able at certayn termes of the yere, than the heyre shall paye to the Lorde .x. shillinges for reliefe aboue thes ten shyllynges that he shal paye for the rente. Looke more in the statute of Anno. xix. Henrye the seuēth. Capitulo. xv. And in suche case after the deathe of the te­naunte, such reliefe is due to the lord incon­tinent, of what age soeuer the heyre bee, for that such a lorde may not haue the warde of the bodye nor the lande of the heyre. And the lord in such case ought not to abyde the pay­ment of hys reliefe after the termes & dayes of payment of the rent, but he ought to haue hys reliefe incontinence. And therefore he maye incontinent dystrayne after the deathe of his tenaunte for the reliefe. In the same maner it is, where a tenaunt holdeth of hys lord by fealte, and by a pounde of cummyn, or a pound of pepper by the yere, and the tenant dye the lord shal haue for his reliefe a pounde of comm or a pound of pepper.

In thesame maner it is, where the ten̄t holdeth to pay by yere a certayn noumber of ca­pons or hēnes, or a payre of gloues, or certain bushels of wheate, & suche other maner thing. But in some case the lorde ought to abyde to distrayne for hys reliefe tyll a certayne tyme. As if the tenaunte holde of hys lorde by a rose or by a bushel of roses to pay at the feast of S. Iohn baptist. If such a tenaunte dye in winter, than the lorde may not distrayne for[Page]hys reliefe &c. vntyl the tyme that the roses by the course of the yere may haue theyr grow­inges. &c. Et sic de similibus. Also if any paraduenture wyl aske why a man may not ho [...] of his lord by fealte only for al maner of [...]et [...] ces, insomuch whan the tenant shal make hi [...] fealtie he shal sweare to hys lord that he sha [...] dooe al seruices due, and whan he hath ma [...] fealtie in such case, there is none other seruic [...] due. To thys it may be sayde, that where th [...] tenant holdeth hys land of hys lord, yt behoueth that he ought to dooe to hys lorde som [...] maner of seruice, for if the tenaunte nor hy [...] heyres ought to dooe no maner of seruice t [...] hys lord nor to hys heyres, than by long tim [...] continued it shoulde be out of remembraunc [...] of whom the land was holden, of the lord [...] of hys heyre or not, and than more after an [...] more soner wyll men say that the land is [...] holden of the lord nor of hys heyres thā othe [...] wyse and vpon thys the lord shall lose hys [...] chete of the lande, or percase other forfaytu [...] or profyt that he myght haue of the land. S [...] it is reason that the lord and hys heyres hau [...] some seruice done vnto hym for a proofe an [...] a wytnes that the land is holden in frank almoygne as shalbe said in frank almoygne, an [...] because that the lord wil not at the begynni [...] of the tenure haue any other seruices but fea [...] tie, it is reason that a manne may hold of hi [...] lord only by fealte, and whā he hath made hi [...] fealte, he hath done all hys seruice.

[Page 29]¶Also if a man lette to another for terme of lyfe certayn landes or tenementes withoute speakyng of any thyng to yelde to the lessours yet he shall doe to the lessour fealte, for that he holdeth of him. Also if a lease be made to a mā for terme of yeres it is sayd the lessee shall do to the lessour fealte, for y^t he holdeth of him. And thys is proued well by the wordes in a wrytre of waste when the lessour hath caused to bryng a wrytte of waste agaynst hym the which writte shall say that the lessee holdeth the tenem̄tꝭ of the lessour for terme of yeres. So the writte proueth a nature betwene thē &c. but he that is tenant at wil after the course of the common law, shall make not fealte, be­cause he hath no maner of sure estate. But o­therwyse it is of tenaunt after the custome of the maner, because that he is bound to dooe fealte to hys lorde for two causes, one is be­cause of custome, the other is because before that he take hys estate in such fourme to dooe fealte.

¶ Frank almoygne. Cap. 6.

TEnure in Frank almoygn, is where an ab­bot or priour, or another man of religion, or of holy churche holdeth of hys lorde in Frank almoygne, that is to say in latine. In liberam clemosynam, that is to say in free almes. And such tenure began fyrst in olde tyme was sei­sed whan a man in olde tyme was seysed of landes or tenementes in hys demesne, as of[Page]fee, and of thesame lande ensuffed an abbot [...] his couent a pryour and his couent to haue [...] to hold of them and their successours in put [...] & perpetuall almes, or in frank almoygn, or by such wordes to hold of the grant out or of the lessour & his heyres in free almes. In suche case the tenementes wer holden in frank al­moygn, & in thesame maner it is, where the landes or tenem̄tes wer granted in old tyme to a dean & Chapter & to theyr successours o [...] to a parson of a church and to his successours or to any other man of holye churche & to his successours in free almes if he had capacitie to take such grauntes or feoffemētes. &c. & such as hold in free almes be bound of right afore god to doe orysons, prayers, & masses & othe [...] diuine seruice for the soules of the graūt our [...] or feoffours, or for the soules of theyr heyres which be dead, and for the prosperitie & good life of them that be aliue.

¶ And for thys, they dooe at no tyme no ma­ner of fealte vnto theyr lordes for y^t suche di­uine seruice is better for them beefore God, than any dooing of fealte, and also that these woordes free almes, or frank almoygn exci [...] de the lord to haue any worldly or tēporal se [...] uice but only to haue diuine and spiritual ser­uice to be done for hym. &c. And if suche that holde theyr tenementes in free almes, o [...] franke almoygne will not or fayle to doe such diuine seruice as it is sayde the lorde may not distrayne them for the seruice vndone. &c. be­cause [Page 30]it is not set in certayn what seruice they ought to dooe but the lord may of that com­playne to theyr ordinarye, praying hym that he will sette punyshemente and correccion of that, And also to prouyde and see that suche negligence be no more done, and the ordinary of right ought to done that &c.

¶ But where an abbot or a pryour holdeth of [...]hs lord by certayn diuine seruice in certayne [...]o be done, as for to syng a masse euery fryday [...]n the weke for y^e soules &c. or euerye yere at such a daye to sing Placebo & Dirige &c. or to find a chaplayne to syng masse &c. or to distri­bute in almes to an hundred poore men an hundred pence at such a day, in such cas if such diuine seruice be not done the lord maye dys­ [...]rayne &c. for that this diuine seruice is in certayn by their tenure what y^e abbot or the pri­ [...]oure oughte to dooe. And in suche case the Lorde shall haue the seake. &c. as it seemeth. And suche tenure is not sayde tenure in free almes, but it is sayde tenure by diuyne ser­uice, for in tenure in free almes, or franke al­moygne, no mencyon is made of anye man­ner certayne seruyce, for none maye holde in free almes or franke almoygne if there be expressed anye maner certayne seruice that he ought to dooe.

¶ Also if it be demaunded if the tenaunte in franke mariage shall dooe fealtie to the do­nour or to hys heyres before the fowerth de­gre be passed &c. it semeth that ye, for he is not[Page]lyke as to thys entent to a tenaunt in free al­mes or frank almoygne for that the tenant i [...] free almes shall dooe, because of hys tenure diuine seruice for hys lord as it is aforesayd and that he is charged to dooe by the lawe o [...] holy churche, and for that he is excused and dyscharged of fealte. But tenant in frank ma­riage doeth not by hys tenure suche seruice And if he dooe not to hys lord fealte, than he doeth not to hys lorde any maner of seruyce neyther spiritual nor temporal, which shou [...] be an inconuenience and agaynst reason that a man should haue estate of inheritance of a [...] other, and yet the lorde shall haue no man [...] of seruice of hym as it semeth, & so it semeth that he shall dooe fealte to his lord before th [...] fowerth degree be past. &c. And whan he hat [...] done fealte, he hath done all hys seruice. A [...] if an abbot hold of hys lord in fre almes, a [...] the abbot and hys couent vnder theyr cōmo [...] seale alien thesame land, to a secular man [...] fee symple, in thys case the secular man shal [...] dooe fealte to y^e lord for that he may not ho [...] of hys lord in free almes, for if the lord ought not to haue of hym fealtee, than he shal ha [...] of hym no maner of seruice which should be an inconuenience where he is lord, and the t [...] nement is holden of hym.

¶ Also if a man graunt at his day to an abbo [...] or to a pryour, landes or tenementes in free almes or franke almoygne, these wordes free almes or franke almoygne be voyde, for tha [...] [Page 31] [...]t is ordeyned by the statute which is called Quia emptores terrarū ▪ whiche statute was made Anno. 18. regis E. primi. That no man may alien or graunt landes or tenementes in fee symple to hold of hymself, so that if a man [...]eysed of certayn landes or tenemētes which [...]e holdeth of hys lorde by knyghtes seruice & at hys day he graunteth thesame lande to an abbot &c. in free almes or frank almoygne, the abbot shall holde immediatlye thesame tene­mentes by knyghtes seruice of the lord of his grantour because of thesame estatute, so that no man may holde in free almes or in franke almoygne, but if it be by tytle or prescripcion, or by force of a graunt made to some of hys p̄ ­decessours beefore the same statute. But the kyng maye geue landes or tenementes in fee symple to hold in fre almes or frank almoygn or by other seruice for he is out of the case of the statute, and note well that no man maye hold landes or tenementes in free almes, but of the grauntour or hys heyres, and that for the priuitie of the gyft, and therfore it is said that if ther be lord mesne and tenant, and the tenant is an abbot that holdeth of hys mesne [...]n frank almoygne, if the mesne dye withoute heyre than the menalte shall come by eschete [...]o the said lord aboue, and the abbot than shal hold of hym immediatly only by fealte, & shall dooe hym fealte. for that he may not holde of him in frank almoygne. &c.

¶ And note well, where that such a man of[Page]religion holdeth hys landes of his lord in free almes &c. his lord is boūdē by the lawe to ac­quite hym of euery maner of seruice that any lord aboue hī wil demaūd or aske of thesame tenātes. And if he acquite him not but suffreth hym to be dystrayned &c. than he shal haue a­gaynst hys lorde a wri [...]te of mosne, and reco­uer hys damages and costes of hys suite.

¶ Homage auncestrel. Cap. 7.

TEnure by homage auncestrell is, where [...] tenaunt holdeth his land of his lord by ho­mage, and thesame tenant and hys auncestor whose heyre he is hath hold of thesame lande of the sayd lord and of his auncestres, whose heyre the lord is from time out of mynd by ho­mage & haue done homage vnto hym which i [...] called homage auncestrell because of the con­tinuance which hath been by tytle or prescrip­cion in the tenancie, in the blood of the tenāt & also in the lordshyp in the blood of y^e lorde. And such seruice by homage aūcestrel draw­eth to hym warranty if the lord that is alyue hath receyued homage of suche a tenaunt, h [...] ought to warrant his tenant whan he is un­pleded of the landes holden of hym by ho­mage aūcestrel And also suche seruice by ho­mage aūcestrel draweth to hym acquittance that is to say, the lorde ought to acquyte hy [...] tenaunt agaynst al other lordes aboue hym of euery maner of seruice. And it is sayde that y [...] such tenaunt be impleded by a Precipe quo [...] [Page 32]reddat &c. and he voucheth hys lorde to war­ranty, which cometh in by processe and asketh of the tenant what he hath to bynde hym to warrantye, and he sheweth howe he and hys auncestres whose heyre he is haue holden the lande of the vouchee and of hys auncestres, whose heyre he is by homage fro tyme out of mynd, if the lord which is vouched receyueth none homage of the tenant, nor of any of hys auncestres, the lord than if he will, may dys­clayme in the lordshyp, and so put out his te­nant of hys warranty. But if the lorde which is vouched hath receiued homage of the ten̄t or of any of hys auncestres, than may he not disclayme but he is boūd by the lawe to war­rant the tenant, & than if the tenaunt lese the land in defaut of the vouche he shal recouer in value against the vouche of the landes or te­nemētes that the vouche of the lādes & tene­mētes that the vouche had at the tyme of the vouche or any time after. And it is to wete, that in euery case wher the lord may disclaym in hys lordshyppe by the lawe in courte of re­cord, & of that will dysclayme hys seignory is extinct, & the tenant shal hold of his lord next aboue the lord which so disclameth. But if an abbot or a pryour be vouched by force of Ho­mage aūcestrel &c. though he hath neuer takē homage & cetera, yet he can not dysclayme in this case nor in none other case, for they cānot deueste that thing in fee which hath been ve­ [...]ed in their house. Pasche. x. E. quarti.

[Page]¶Also if a man that holdeth hys lande by ho­mage auncestrell alyeneth hys lande to ano­ther in fee the alien shall dooe homage to his lorde. But he holdeth not of hys lord by ho­mage ancestrell for that the tenancy was not continued in the hold of the aūcestres, of the al [...]en, nor the alien shall neuer haue the war­rantie of hys land of hys lord, for that the cō ­tinuance of the tenancye in the tenant and a [...] hys blood by the alienacion is dyscontinued and so see that the tenaunte that holdeth hy [...] lande by homage auncestrel of hys lorde, and such a tenaunt alieneth in fee, though that [...] take estate of the aliene agayne in fee he hol­deth the land by homage, but not by homage auncestrell.

¶Also it is sayd, that if a man hold hys land of hys lorde by homage and fealte, & he had made homage and fealte vnto hys lorde & the lord hath issue a sōne, and dyeth, and the lord­shyp discendeth to his sonne. In thys case [...] tenant which dyd homage to the father, shal [...] not dooe homage to the sonne for that wh [...] a tenant hath made ones homage to hys lo [...] he is excused for terme of hys lyfe to mak [...] homage to any other heyre of the lorde. B [...] yet he shal dooe fealte to the sonne and hey [...] of hys lord though that he made fealte to hy [...] father.

¶Also if the lorde after the homage to hy [...] made by hys tenant graunt the seruice of h [...] tenaunt by dede vnto another in fee, and th [...] [Page 33]tenant attorneth. &c. the tenant shal not be cō ­pelled to doe homage but he shall dooe fealtye though he dyd fealte before to the graūtor for fealte is me [...]dēt to euery attornem̄t whan the lordship is graūted. But yf a mā be seised of a manour, and an other man holdeth his land of hym as of the manour aforesayde by homage, y^e which hath done homage to his lord which is seased of the manour if after that a straū ­ger bryng a Precipe quod reddat agaynst the lord of the manour & recouereth the manour agaynst hym and sueth execucion &c. in thys case the tenaunt shall once again doe homage to him that recouereth the manoure for that the state of hym which receiued homage be­fore is defeted by the recouere. And it shall not lye in the mouth of the tenaunt to falsefy or defete the recouere which was against his lord, and so se the diuersite. In this case wher a man commeth to his lordship by recouere, & wher he commeth by discent or graunt of the seygnorye.

¶And if a man tenant which ought by his tenure to do homage to his lord come to hys lord and say to him, syr I owe to do vnto you homage for the tenementes that I hold of you and I am redy to do you homage for thesame tenementes for the which I pray you that ye wil now receiue it and yf the lord than refuse to receyue it, than after suche refuse the lorde may not distrayn the tenaunt for the homage before that the lord require the tenant to doe[Page]homage and the tenant refuse to do it.

¶Also a man may holde his lande by ho­mage auncestrell and by escuage or by other knyghtes seruice as well as he myght holde hys lande by homage auncestrel in Socage.

¶ Graunde sergeauntie. Cap. 8.

TEnure by graunde sergeauntie is where a man holdeth his landes or tenementes of our souerayne lorde the kyng, by the seruyce which he ought to doe in his owne proper ꝑ­son, as to bere the kynges baner or his spe [...]e, or to lede his hoste, or to be his marshall, or to beare his sweorde before hym at his corona­cion, or to be his sewer at his coronacion, or his keruer, or butler or to be one of his chāberlaynes of his resceyt of his escheker, or to doe such seruices. &c. and the cause wherfore suche seruice is called great sergeaunt, is for that it is more honorable and worshipfull, & dygne, than is the seruice of the tenure by escuage for he that holdeth by escuage is not limitted by his tenure to doe any more especiall seruyce than any other that holdeth by escuage ought to doe. But he that holdeth by graunde serg [...] ­aunty, ought to do a special seruice to y^e king But he y^t holdeth by escuage ought not to do.

¶Also if the tenaunt which holdeth by es­cuage dye, his heyre beyng at full age, if he hylde by a knyghtes fee, the heyre shall poy [...] but an. C. s. for his reliefe. as it is ordeined by statute of magna carta. Cap. 2. but he that hol­deth[Page 34]of the king by graund sergeantie & dyeth his heire beyng of full age, shall pay vnto the kyng for his relief the value of his landes or tenementes by yere, besyde the charges and repryses which he holdeth of the kīg by grād sergeantie. And it is to wete that seriantia in latin is seruicium, and so magna seriantia is magnum seruicium, that is to say a great ser­uice.

¶Also those which hold by escuage ought to doe theyr seruice out of the realme but they that holde by graunde sergeaunt for the most part ought to doe theyr seruyce wythin the realme.

¶Also it is sayde that in the Marches of Scotlande some holde of the kyng by cornage that is to say to blowe an horne for to warne the men of the countrey. &c. whan they here that the Scottes or other enemyes wil come or ēter into Englād. &c. which seruic̄ is graūd sergeaunt. &c. but if any tenaunt holde of anye ether lord than of the kyng by suche seruice of cornage, that is not graunde sergeauntie, but it is knightes seruice, & draweth to him ward mariage, and relief, for none may hold by grād sergeaunte but of the kyng onely.

¶Also a man may see in the .xi. yere of Hen­ry the fourth that Cokayn than beyng chyefe baron of theschequer came into the common place bryngyng with hym a copye of recorde in these wordes. Talis tenet tantam terrā de domino rege perseriantiam ad inuentendum[Page] [...]num hominē ad generam infra quatuor ma­ria. &c. That is to say, suche a man holdeth is much land of our souerayne lord the kyng by sergeauntie to warre within the foure seas, & he demaunded whether he was graunde ser­geauntie or petie sergeauntie, and Hanke thā sayde that it was graunde sergeantie, for that it was seruice to be done by the body of a mā and yf that he may not fynde a man to do the seruice for hym he must doe it hymselfe. To whō the other iustices assented Cokayne thā sayd, the tenaunt in this case shall pay relyese to the value of the lande by yere, to the which was none aunswer, and note that al thei that holde of the kyng by graunde sergeaunt, hoū [...] of the kyng by knyghtes seruice, and the kyng of that shall haue warde maryage and relye [...] but the kyng shall not haue of them escuage [...] they holde not by escuage.

¶ Petite sergeauntie. Cap. 9.

TEnure by petite sergeauntie is wher a [...] holdeth his lande of our soueraygne lorde the kyng to yelde vnto him yerely a Bowe, [...] a sweord, or a dagger, or a knyfe, or a spere, [...] a payre of gloues of Mayle, or a payre of spurres gylte, or an arowe, or diuers arowe [...] or to yelde such other smal thynges touching the warre and such seruice is but Socage [...] effect for that y^e the tenāt by his tenure ough [...] not to go nor to do any thīg in his own ꝓpe [...] [Page 35]person touchyng the warre. But to yeld and paye yerely certain thynges vnto the kyng as a manne ought to pay a rent. And note that no man may holde lande by graund sergeante nor by petit sergeauntie but of the kyng.

¶ Burgage. cap. 10.

TEnure in Burgage is where an auncient Borough is of the which the kyng is lorde and they that haue tenementes within the borough hold of the kyng theyr tenementes that euery tenaunt for his tenement ought to paye to the king a certain rent by yere. &c. And such tenure is but tenure in socage and the same maner is where another lorde spiritual or tē ­porall is lord of suche a borough and the te­nauntes of the tenementes in such a borough holde of theyr Lorde to paye eche of them yearely an annuell rent, and it is called tenut in Burgage for that the tenemētes within the borough bee holden of the lord of y^e boroughe by certayn rent. &c. And it is to wete that the auncyent townes called boroughes bee the most auncyent and eldeste townes that bee within England for the townes that be now be cities or countreys in olde tyme were bo­ [...]oughes and called boroughes for of such old [...]ownes called boroughes come these Burge­ [...]es of the parlyament to the parlyamente whan the kyng hath summoned hys parlya­ment.

[Page]¶Also for the greatter parte of suche bo­roughes haue diuers customes and vsages which be not had in other townes for some borough hath such custome that if a man haue issue of many sonnes & dieth the yongest sō [...] shall inherite all the tenementes which we [...] his fathers within the same borough as heire vnto his father by force of the custome the which is called borough Englishe.

¶Also in some boroughes by the custom [...] the wyfe shal haue for her dower al the tene­mentes which wer her husbandes.

¶Also in some borough by the custom a [...] may deuise by his testamente by his landes [...] tenementes which he hath in fee simple with in the same borough at the tyme of his death and by force of suche deuise to whom such deuyses is made after the death of the deuiso [...] may enter in the tenementes to hym deuyse to haue and to holde to hym after the found and effecte of the deuise without any lyuen [...] seisin therof to be made to him.

¶Also though a man may not graunte [...] geue his tenementes to his wyfe duryng th [...] couerture for that that his wyfe & he bee b [...] one parson in the lawe yet by such custom may deuise by his testament his tenemente [...] to his wyfe to haue and to holde to her in [...] simple or in fee tayle, or for terme of lyfe or [...] yeres for y^e such deuise taketh none effect [...] after the death of the deuisor. And if a man [...] diuers times make diuers testamentes and [...] ­uers[Page 36]deuises. &c. yet the last deuise & wil made by hym shall stande and abyde.

¶Also by such custome a man may deuyse by his testament that his executours maye a­lien and sell the tenementes that he hath in fee simple for a certayne summe to distrybute for the soule in this case though the deuysour dye seased of the tenementes and the tene­mentes descende vnto his heire yet the exe­cutours after the death of the testatour may sel the tenementes so deuised and put out the heyre and therof make a feoffement alyenaci­on and estate by dede or without dede to thē to whom the sale is made vnto.

¶And so may ye see here a case where a manne maye make a lawful estate and yet he hath nought in the tenementes at the time of the estate made & the cause is for that that the custome and vsage is suche. Quia consuetudo ex certa causa rationabili vsitata priuat com­munem legem. For a custome vsed vpon a certayn reasonable cause barreth the cōmon law And note wel no custom is to be alowed but such custom as hath bene vsed by title of pre­scripcion that is to say, frō time wherof is no e [...]ynd. But diuers opiniōs haue bene of tyme out of mind & of title of p̄scripciō which is all out in the law, for some men haue sayde that the time of minde shoulde be sayde for time of limitacion in a writ of ryght, that is to saye, fro the tyme of kyng Rycharde the fyrste after the conquest, as is geuen by the statute of[Page]westmynmer the fyrst, for that a writ of ryght is the most hyest wryt in his nature that may be. And in such a wrytte a man maye recouer his ryght of the possession of his auncesters of the most auncyēt tyme that any man may hy [...] any wrytte by the law. And in [...]o muche that it is geuen by the sayde estatute that in suche a writte none shalbe harde to aske of the seisō of his auncesters of more longer tyme than of the tyme of kyng Rycharde aforesayde, ther­fore this is proued that continuaunce of pos­session or other customes & vsages vsed after the same tyme his title of prescripcion, & thys is certayn. And other haue said that wel and truth it is that seisin and continuance after the limittacion. &c. is a tytle of prescripcion as is aforesayd and by the cause aforesayde. But they haue sayd that there is also another title of prescription that was in the commō lawe before any estatute of limytacion of wrytte [...] &c. and that it was where a custome or vsage or other thyng had bene vsed fro tyme wherof mynde of man runneth not to the contrary, and they haue sayd that this is proued by the pledyng where a man wyll plede a tytle of p̄ ­scripcion of custome. &c. he shall say that suche custome hath bene vsed fro tyme wherof the memorye of men runneth not to the contrary, that is as much to say, whan suche a matter is pieted that no manne than alyue hath harde one proofe to the contrary, nor hath no knowledge to the contrarye: and in so muche that [Page 37]such tytle of prescripcion was at the common lawe and not put out by none estatute. Ergo it abideth as it was at the common law, and the soner in so muche that the sayd lymittaciō of a wrytte of ryght. &c. is of so long time pas­sed. Ideo quere de hoc, and manye other cu­stomes and vsages haue suche auncyent bo­roughes.

¶Also euery borough is a towne, but not to the contrary, more shalbe sayd of customes in the tenure of villeynage.

¶ Vylleynage. Cap. 11.

TEnure in villeynage is most properly whā a villayn holdeth of his lorde to whom he is vyllain certayn landes and tenementes af­ter the custome and maner or els at the wyll of his lorde and to doe his vyllayn seruice, as to beare, bryng, and carye out the donge and fylth of the lord vnto the land of his lord therto lay it, cast it, and sprede it abrode vpon the land, and to do suche other maner of seruice, & some free tenauntes holde theyr tenementes after the custome of certayn manours by such seruice, and their tenure is called tenure in villeynage, & yet they be no villaines, for no lāde holden by villeynage or villeyn landes, or any custome rysyng of the lande shall neuer make free man vylleyn. But a villayn may make fre land to be villayn land vnto his lord, as yf a villayn purchase lād in fee simple or in fe tail, the lord of the villain may ēter into the lād & put out his villayn & his heyres for euer, and [Page]after the lorde yf he wyll he may let the sam [...] lande to the vyllayne to holde in villeynage Also if a feoffement be made to a certayn p [...] son or parsons in fee to the vse of a vyllayn or yf a vyllayn or any other parsons bee e [...] feffed to the vse of a villayn, what estate so [...] uer the vyllayn hath in the vse, in fe tayle [...] terme of life, or yeres, the lorde of the villay [...] may enter in all those landes and tenement [...] lykewyse as yf the vyllain had bene alone [...] [...]sed of the demesne. And that is by the statu [...] of. Anno. 19. H. 7. But yf a free man wil tak [...] any landes or tenementes of his lorde by so [...] villayn seruice, that is to saye to pay a fyne [...] his lorde for his mariage or for the marya [...] of his sonne or his daughter, than shal he p [...] suche a fyne for the maryage. &c. for that it [...] the foly of suche a free manne to take in such fourme landes or tenementes to holde of [...] lorde by such bondage, yet that maketh not th [...] free man villayn.

¶Also euery villayn eyther he is vyllayn by prescripcion, that is to say, he and his an [...] ­cesters haue bene villayns tyme out of mynd or he is villayn by his own confessiō in co [...] of recorde. But if a free man haue dyuers [...] ­sues, and after confesseth hymself to be villa [...] to another in court of recorde, yet his issue which he hath before the confession be fre, b [...] the issue which he shal haue after the confe [...] &c. shalbe villaynes.

¶Also if a villain purchase landes & alye [...] [...]eth [Page 38]the same lādes to another before his lord [...]nter than the lord may not enter for it shalbe [...]dged his own foly that he entred not whē [...]he land was in his villayns handes. And so [...] is of his other goodes for yf the villayn bie [...]sel or geue goodes to another before that the [...]ord seaseth the goodes thā the lord may not [...]ease thē but if the lord before any such sale or [...]ft cōmeth within the house of the vyllayne, [...]her such goodes be & ther openly among the [...]eighbours clayme thesame goodes to be his [...]nd so seiseth parcel of thesame in name of se­ [...]sin of all the goodes. &c. This is said a good [...]eisin in the law. And the occupacion that the [...]llain hath after such claim ī the goodes shal [...]e taken in the law in the right of the lorde.

¶But yf the kyng haue any villayne that [...]urchaseth lādes and alyeneth before that the [...]ing enter yet the kyng maye enter in the lād [...] whose handes the land commeth to. Or yf [...]he villayne bye or sell diuers goodes before [...]hat the kyng sease the goodes yet the kyng maye sease them in whose handes that euer they be. Quia nullum tempus occurrit regi, for no tyme renneth agaynst the king.

¶Also yf a manne lette lande to another for terme lyfe, sauyng the reuercion to him and a vyllayne purchaseth of the lessour the reuercion, in this case it semeth that the lord of the vyllayne maye incontinent come to the lande and clayme thesame reuercion as lord of the same vyllayne and by thys clayme[Page]the reuersion is incontinent in hym for in an [...] other fourme he may not come to the reuerc [...] for he maye not enter vpon the tenaunte fo [...] terme of lyfe and yf he ought to abyde tyll after the death of the tenaunt for terme of lyfe than happely he myght come to late for pa [...] ­uenture the villayn wyll graunt or alyen it t [...] another in the life of the tenaunt for terme [...] lyfe. In the same maner it is where a vylla [...] purchaseth the auowson of a churche ful of [...] incombent that the lorde of the vyllayn may [...] come to the sayde churche and clayme the auowson. And by this clayme the aduowso [...] is in hym, for yf he abyde tyll after the dea [...] of the incombent and than present his cla [...] to the sayd churche. Then in the meane tym [...] the vyllayn myght alyen the aduowson. &c. so put out the Lorde from hys presentacion

¶Also there is a villayn regardaunt an [...] vyllayn in grosse. Vyllayne regardaunt is [...] if a man be seised of a manour to which a vi [...] layn is regardant and he that is seased of th [...] sayd manour or they whose estate he hath [...] the same manour haue been seased of the sa [...] villayn and of hys auncesters as villayns regardant to the manour fro tyme out of mi [...] And villayn in grosse is where a man is se [...] of a manour to the whiche a vyllayne is regardaunt and he graunteth thesame vylla [...] by his dede vnto another than he is villains grosse and not regardaunt.

¶Also yf a manne and his auncester [...] [Page 39]whole heyre he is hath been seased of a vyl­ [...]ayne and of hys auncesters as vyllayne [...] grosse tyme out of mynde suche bene vyl­ [...]aynes in grosse. And note well that of suche [...]hynges whiche may not be graunted nor a­ [...]ened without dede or fynde a manne that [...]il haue such thynges by prescripciō may not [...]therwyse prescrybe but in hym and hys aun­ [...]esters whose heyre he is and not by these [...]ordes in hym and in those whose estate he [...]ath for that that he may not haue their estate [...]ithout dede or writing the which behoueth [...]o be shewed to the coure yf he wyl haue any [...]duauntage of this and because y^t the graunt [...]nd the alyenacion of a villain lieth not with [...]ut dede or other wryting. A manne may not [...]rescrybe in a villayn in grosse without shew­ [...]ng of wrytyng but in hymselfe that claimeth [...]he vyllayn and in his auncesters whose heir [...]e is. But of those thynges whiche bee regar­ [...]aunt or appendaunt to a manour or to other [...]andes or tenementes, a man maye prescrybe [...]hat he and they whose estate he hath wer sea [...]ed of the manour or of such landes or tene­mentes as regardauntes or appendauntes to [...]he manour or to suche landes & tenementes &c. from tyme out of mynde, and the cause is [...]or this that suche a manour landes and tene­mentes may passe by alyenaciō without dede. &c. And it is to witte that nothyng is named [...]egardaunt to a manour but a vyllayne. But [...]ertayne other thynges as aduowsons and[Page]commune of pasture. &c. be named appendāte to the manour or to other landes and tenementes.

¶ Also yf a man in court of recorde knowledge hymself to be vyllayn that neuer wa [...] vyllayne before, suche one is vyllayne [...] grosse.

¶ Also a manne that is villayne is call [...] vyllayne, and a woman that is vyllayne [...] called nyefe, as a manne that is outlawed [...] called an outlawe, and a woman that is ou [...] lawed is called a wayne.

¶ Also yf a vyllaine take a free woman [...] wyfe, the yssue betwene them shalbe villayn [...] But yf a nyefe take a freman to husband, th [...] yssue shalbe free. And that is contrary to th [...] lawe ciuyle, for there he sayth that partus [...] quitur ventrem.

¶ Also no bastarde may be vyllayne, [...] yf that he wyl knowledge hymself to be a v [...] layne in court of recorde, for he is in the law [...] Quasi nullius filius as the sonne of no ma [...] for that he maye be inherit out to no man.

¶ Also euerye vyllayne is able and free [...] sue all maner of accions agaynst euery parso [...] excepte agaynst hys Lord to whom he is v [...] layne, and yet in certayne thynges he ma [...] haue agaynst hys Lorde an accion of appe [...] for the death of hys father or of his other a [...] cesters whose heyre he is. Also a nyefe which is rauished by her lorde may haue appelle [...] rape agaynst hym.

[Page 40]¶ Also yf a vyllayne bee made executour [...] another, and the lorde of the villayn was [...]detted to the testatour in a certayne summe [...]f money y^e which is not payd, in this case the [...]yllayne as executour to the testatour shall [...]aue an accion of dette agaynst hys lorde be­ [...]ause he shall not recouer the Det to his pro­ [...]er vse, but to the vse of the testatour.

¶ Also the Lorde may not take out of the [...]ossession of suche a vyllayne that is execu­ [...]ur of the deades goodes, and yf he doe the [...]yllayne as executour shall haue an accion of [...]espas agaynst his lorde for thesame goodes [...] taken and recouer damages to the vse of the [...]statour. But in all these cases it behoueth [...]e lord which is defēdant in such accions to [...]ake protestacion that the plaītyf is his vil­ [...]yne or els the vyllayn shall be fraunchysed [...]ough the matter be founde for the Lord a­ [...]ynst the vyllayne as it is sayde.

¶ Also yf a vyllayne sue an accion of tres­ [...]as or other accion agaynst hys Lorde in one [...]hyre, and the Lorde sayeth that he shall [...]t bee aunswered for that he is vyllayne [...]gardaunte to hys manoure, in an other [...]hyre, and the playntyf sayth that he is frank [...]d of free estate and no villayne, thys shall [...]e tryed in the Shyre where the playntyfe [...]th conceyued hys accyon, and not in the [...]hyre where the manoure is and this is in nor of libertie as it is adiudged. M. 40. E. 3[Page]And for this cause was made a statute in [...] ix. yere of Rycharde the seconde, the tenure which ensueth in suche forme.

¶ Also for that wher many vyllaynes [...] nyfes as well of great lordes as of other [...] spirituall or temporall flee and goe into [...] and places fraunchysed as the citie of Lo [...] and other lyke places, and fayne dyuers i [...] agaynst theyr lordes because they wold [...] themself to be enfraunchysed it is accord [...] assented that the lordes nor none other sha [...] forbarred of theyr vyllaynes because of th [...] aunswer in the lawe. By force of which [...] tute yf any vyllayne will sue any maner of [...] cion to his owne vse in any shyre where [...] harde to trye. &c. agaynst his lorde, hys L [...] may chose to plede that the plaintif is hi [...] layne and to plede another matter in ba [...] yf they be at issue and the issue bee founde [...] the lord, than the villayn is villayn as he [...] before by force of thesame statute. But yf issue be founde for the vyllayn than is the layn frank and free for that the lorde toke for his plee that the villayn was his vill [...] but toke it by protestacion.

¶ Also the Lorde maye not mayme vyllayn for if be mayme his villain he sh [...] that be endited at the kynges suite. A [...] he bee of that attaynt he shall for that [...] grieuous fyne and raunsome to the king▪ [...] it semeth that the villain shal not haue by [Page 41]lawe any appele of mayme agaynst his lord, for in appeale of mayme a man shall not reco­uer but hys damages. And if the vyllayn in that case recouer damages agaynst hys lord, and hath therof execucion the lord may take that that the vyllayn hath in execucion from the vyllayne, and so the recouerye standeth voyde.

¶ Also if the vyllayn be demandant in an ac­cion royall or playntife in accion parsonel a­gaynst hys lord if the lord will pleade in dys­abilitie of hys person, he may not make plain defence, but he shal defend but the wrong and the force and demaund iudgement if he shall be aunswered and shew hys matter by and by how he is vyllayn and demaunde iudgement [...]f he shalbe aunswerde.

¶ Also .vi. maner of menne there be agaynst whom if they sue accions &c. iudgement may he asked if they shall bee aunswered. One is where the vyllayn sueth an accion &c. agaynst hys lord as in case aforesayde. The seconde is where a manne outlawed vpon an accion of Dette or trespas or vpon any other accyon or indytement, the tenant or the defendant may [...]hew all the matter of the record and the out­ [...]ary and demaund iudgement if he shalbe aū ­ [...]wered because that he is out of the lawe to [...]ue any accion during the time that he is out­ [...]wed. The thyrde is where an aliene doone [...]t of the alegeaunce of our souerayn lord the [...]ng, if such a [...]yene sue anye accion royall or[Page]parsonal, the tenant or defēdant may say that he was borne out of the kinges allegeance [...] aske iudgement if he shal be aunswered. The fourth is, where a man by iudgement geuē a­gaynst him vpon a writte of premunire facias &c. is ou [...]e of the kynges proteccion if he s [...] any acciō & the tenaunt or defendant shew all the record agaynst hym he may aske iugement if he shalbe aūswered for the law & the kinges writtes been the thynges by which a man is protect & holpen and so duryng the tyme tha [...] a man in such case is out of the kynges prote [...]cion, he is out of helpe & protect by the kynges lawe or by the kynges writ.

¶The fyfth is where a manne is entred an [...] professed into religion, if such a parson sue a [...] accion the tenant or defendant may shew tha [...] such one is entred into religiō in such a pla [...] into the order of saynt Bennet, and is there [...] monke professed or in the order of freres [...] nours or preachers and is there a frere pro­fessed, & so of other orders of religion &c. & af [...] iudgement if he shalbe aunswered, and th [...] cause is for thys that when a man entreth [...] to religiō & is professed he is dead in the la [...] And hys sonne or next cosyn incōtinent shal [...] inherite him as wel as though he wer de [...] in dede, & when he entreth into religion, h [...] may make hys testamēt & hys executours, a [...] they may haue an accion of dette due to hy [...] before hys entie into religion or any other [...] cion that executours may haue if he wer dea [...] [Page 42]in dede. And if he make none executours whā he entreth into religiō, than the ordinary may commyt the adminystracion of hys goodes to other as if he wer dead in dede. The syxth is where a man is accursed by the law of holy church, & he sueth an accion royal or parsonal, the tenant or defēdant may plede that he that sueth hys accused, & of thys it behoueth hym to shew the byshops letters vnder hys seale, witnessyng the accursyng & aske iudgement if he shalbe aunswered &c. but in thys case if the demaūdant or pleyntif cannot denye it, y^e writ shal not abate, but the iudgement shalbe that the tenant or defendāt shal go quite withoute daye for thys, that whan the demaundant or playntif hath purchased hys letters of absolu­cion and shewed them to the courte, he maye haue a resommons or a reattachemente vpon hys originall after hys nature of hys wrytte &c. But in the other cases the wryt shal abate. et cetera. If the matter shewed maye not bee gaynsayd.

¶Also if a vilain be made a seculer priest, yet his lord may cease hī as hys vilain & cease his goodes &c. But it semeth y^t if the villain ērre [...]nto religiō & is ꝓfessed &c. that the lorde may not take him nor seise hī for y^t he is ded in the law. And no more thā if a free mā may take a [...]ife to hys wife y^e lord may not take ne lease [...] wyfe of the husband. But hys remedy is to [...]me an accion agaynste the housebande, for [...]hat he tooke hys niefe to wyfe without his[Page]And so may the lorde haue an accion agayn [...] the souerayn of the house that taketh and ad­mitteth hys vyllain to be professed in the sa [...] house without lycence and will of hys lord [...] &c. and shal recouer hys damages to the val [...] of the vyllayn for he that is professed monke &c. shalbe a monke, and as a monke shalbe taken for terme of hys lyfe naturall, except h [...] be derayned by the lawe of holy church, & h [...] is holden by hys religion to kepe his clous [...] and if the lord may take hym out of his ho [...] than he should not liue as a dead parson [...] after hys religion which shoulde be in co [...] nent &c. For if there be wardeyn in chiual [...] of body and of land of a chyld within age, [...] the chyld whan he cometh to the age of, [...] yeres, entre into religion and is professed, t [...] wardeyn hath none other remedye as to th [...] warde of the body, but a writte of rauysh [...] of warde agaynst the souerayne of the ho [...] And if any beyng of full age that is cosyn [...] heyre vnto the chylde entre into the land, [...] warden hath no remedy as to the ward of the lande, because that the entre of the heyre [...] the chyld is lawfull in such case.

¶Also in many dyuers cases the lord [...] make manumyssion and infraunchisyng to h [...] vylsayn. [...]anumission is properly whan t [...] lord maketh hys dede to hys villayn to enfachise hym by thys word Manumittere, wh [...] is as muche to say, as extra manum. Et ex [...] potestatem alterius ponere, as to put him [...] [Page 43]of the handes and the power of another. And for thys that by such a dede the vyllain is put out of the hand & power of hys lord, it is cal­led manumission. And soeuerye maner of en­fraunchesing made to a vyllayn, may be sayde a manumissyon. Also if the lorde make to hys vyllayn an obligacyon of a certayn summe of money or graunt vnto hym by hys dede or an annuitie, or let hym by hys dede, landes or te­nementes for terme of yeres, the vyllayn is enfraunchised. Also if the lord make a feoffe­ment to hys vyllayn of anye landes or tene­mentes by dede or without dede in fee sym­ple, or fee tayle, or for terme of yeres, and de­ [...]inereth vnto hym the seysyn, thys is an in­fraunchisynge, but if the lorde make to hym a lease of landes or tenementes, to hold at the will of the lord by dede or without dede thys is no enfraunchisyng, for that he hath no ma­ner of certayn nor suertie of hys estate, but y^t the lord may put hym out whan he will. Also of a lord sue agaynst hys villayn, a Precipe ꝙ reddat, if he recouer or by nonsuite after ap­peraunce, thys is a manumyssion, for this that he may lawfully enter into the land without such suite. In thesame maner it is if he sue a­gaynst hys vyllayn an accion of Dette, or of accoumpte, or of couenaunt, or of trespas, or suche other, thys is an enfraunchisyng. &c. for hys that he may enprison hys vyllayn, & take his goodes without such suite. But if the lord [...]he hys villayn by appele of felonye, thys is[Page]none enfraunchisyng to the villayn though y^t matter of the apele is found agaynst the lord because that the lord may not haue the villain hanged without such suite. But if the vyllain wer not endyted of thesame felony before the appele sued agaynst hym & is acquyted of the felony, so that he recouer damages against the lord for the false appele. And in thys case the vyllayn is enfranchised because of the iudge­ment of damage that was geuen to hym a­gaynst hys lord. And more cases and matters there be by y^t which a vyllayn may be enfran­chised agaynst hys lord. Sedde illis quere. Also yf a lord of a manour wyll prescrybe th [...] yt hath been accustomed within hys manour tyme out of mynd that euery tenāt within the same manour that marieth hys daughter to a­ny mā without lycēce of the lord of y^e manour shal make fyne to the lord for the tyme beyng thys prescrypcion is voyde, for none ought [...] make such fynes but onely vyllaynes for eue­ry free man may frely mary hys daughter [...] whō it pleaseth hym & hys daughter. And because that thys prescripcion is agaynst rea [...] such prescrypcion is voyd. But in the shyre [...] Rent of landes holdē in Gauelkynd where is the custome and tyme of mynde the chyldre [...] males ought euenly to enherite thys custom is alowable, for thys that it is with some [...] son because that euery sōne is as great a ge [...] tleman as the elder sonne, & because of th [...] more great honour & valure shall growe tha [...] [Page 44]if he hadde nothyng by hys auncestres where paraduenture he myght not so growe. &c.

¶Also where by custome called borough Englysh in some borough the yonger sōne shal in herite al the tenementes &c. Thys custome, al so standeth with reasō because that the yōger sonne if he lacke father & mother because of hys young age may leaste of all hys brethern helpe hymself &c. But if a man wil prescribe that if any catel wer vpon the demesnes of hys manour there doyng damage, that y^e lord of the manour for the time beyng hath vsed hī to dystrayn them & the distresse to retayn tyll fyne wer made to hym for the damages at his will, thys prescripcion is voyd, because it is agaynst reasō that if wrong be done to a mā, that he therof shoulde be hys owne iudge for by such way if he had damages but to the va­lue of an half penye he myght assesse and haue therof an hundred pound which should be a­gaynst all reason, and so suche prescrypcion or any other prescripcion vsed if it be agaynst al reasō this ought not nor wil not be alowed before iudges. Quia malus vsus abolendus est.

¶ Rentes. Cap. 12.

THree maner of Rentes there be, that is to saye, Rent seruyce, Rent charge, and Rent secke. Rent seruice is where a manne holdeth hys land of hys lord by fealte & certayn rent or by other seruice and certayn rent.

¶Or by homage fealte and certayne Rent.[Page]And if rent seruice at any day that it ought to be payd, be behynd, the lord maye dystrayn for that of common ryght. And if a man now wil geue landes or tenementes to another in the tayle, yeldyng to hym certayn rent by yere he of common ryght may distrayn for the rent behynd, though that such gyft was made with­out a dede because that such rent is rent ser­uice, but in such case where a man vpon such a gyft or lease will receiue to him rent seruice It behoueth that the reuercion of the landes and tenemētes be in the donour or in the les­sour, for if a man will make a feoffment in fre, or wyll geue landes in the tayle, the remaynder ouer in fee simple without a dede reser­uyng to hym certayn rent, suche reuercion to voyd because y^t no reuercion is in the donour and such a tenaunt holdeth hys land immedi­atly of the lord of whom hys donour helde. And thys is by force of the estatute of we st [...] 3 Cap. 1. Quia emptores terrarum for before the same estatute if one had a feoffment in fee symple by dede or without dede, yeldyng to hym & to hys heyres certayne rent, thys was rent seruice, and for thys he myght dystrayn of common ryght. And if he made no reuerciō of any rent nor of any seruice, yet the feoffee hold of the feoffour by suche seruices as the feoffour held euer of his lord next aboue. But if a man by dede indented at a day, make such a gyft in the tayle, the remaynder ouer in fee &c. or feoffment in fee, and by thesame inden­ture[Page 45]reserueth to hym and to hys heyres a certayn rent, and that if the rent be behynd that it shalbe leful to hym and to hys heyres to dy­strayn &c. such rent is rēt charge, because such landes and tenementes be charged of such distres by force of the wryting only and not of cōmon ryght. And if such a man in such a dede endented, reserue to hym and to hys heyres [...]ertayn rent without any such clause sette or but in the dede that he may distrayne &c, that [...]uch rent is rent secke, because that he cannot [...]ystrayn to haue the rent if it be denyed by y^e [...]ame dystres, & if he was neuerseysed in thys [...]ase of the rent he is without remedy as shal­ [...]e sayd hereafter. Also if a man seised of cer­ [...]yn lande graunte by hys dede Poll, or by [...]ndēture a yerely rent issuyng out of thesame and to another in fee symple or in fee tayle, [...]r for terme of life &c. with clause of dystresse. [...]c. then that is rent charge, and if it be with­ [...]ut clause of distresse, then it is rent secke, and [...]ote well that rent secke Idem est quod red­ [...]itus siccus, and for that, that no dystresse is [...]ncident to it. Also if a man grant by his dede [...]o another and the rent is behynd, the grante [...]ay choose if he will sue a wrytte of annuite [...]f it agaynst the grauntour or dystrayn for the [...]nt behynd and the dystresse to withold tyll [...]e be of that payde. But he may not dooe and [...]aue both together, for if he take a writte of [...]unte than the lord is discharged. And if he [...] not a wrytte of ānuite but dystrain for the[Page]arerages & the tenant sueth a replegiare &c. the graunte auoweth the takyng of the dystresse in the land &c. in court of record than i [...] the land charged, and the parson of the grau [...] tour discharged of an accion of annuite.

¶Also if a man will that another shall hau [...] rent charge yssuing oute of the landes but [...] will not that hys parson shalbe charged in [...] maner by a writte of annuite, than he may haue such a clause in the end of his dede. [...]r [...] uiso semper ꝙ presens scriptum nee aliqu [...] in eo specificatū non aliqualiter se extēdat [...] onerandum personam meam per breue de a [...] nuali redditu. Sed tantummodo ad onora [...] terram & tenementa p̄dicta de annuali redd [...] predicto. And than is the land charged & th [...] parson of the graunt our dyscharged.

¶Also yf a man make such a dede in such [...] ner that yf A. of B. be not yerely payd at t [...] feast of Chrystmas for terme of hys lyfe of [...] shyllynges of lawful money, that than it sh [...] be leful to the sayd A. of B. to distrayne fo [...] in the manour of F. &c. thys is a good Re [...] charge, because that the manour is charged the rent by way of dystresse. And yet the pa [...] hymself that made such a dede is discharged thys case of an accyō of annuite because th [...] he graunted not by hys dede anye annuite the sayd A. of B. but graunted onely that may dystrayn for hys annuite.

¶Also yf a man haue a rent charge to hy [...] and to hys heyres issuyng out of certayn is [...] [Page 46] [...]f he purchace any parcell of the land to hym and to hys heyres, all the rentes is extincte and adnulled because the rent charge may not [...]n such maner bee apporcyoned, but yf a man that hath rent seruyce purchase parcell of the [...]ande whereof the rent is thys shall not ex­ [...]yncte all. but for the porcyon for the rent ser [...]ice in such case may be apporcyoned and shal [...]e apporcyoned after the value of the lande, [...]ut yf a tenaunt holde hys lande by seruyye [...]o yelde to hys lorde yerelye at suche a feast, [...]n horse or an hauke, or suche thyng sembla­ [...]le. yf in suche case the Lorde purchase par­ [...]ell of the lande, the seruice is gone, because [...]hat suche seruyce may not be seuered nor ap­ [...]orcioned, but yf a manne holde hys land of another by homage fealte and escuage, and [...]y certayn rent yf the lorde purchase parcell of the land & cetera. In that the rent shalbe apporcyoned as is aforesaid, but yet in this case [...]he homage an fealtee abideth whole to the [...]ord, for the lord shall haue the homage & feal­ [...]e of hys tenant for the remenant of landes & [...]enementes holden of hym as he had before. &c. for thys that suche seruices be no auncient [...]ruyces and maye not be apporcyoned. But [...]he escuage may and shalbe apporcyoned after [...]he quantitie and rate of the land.

¶Also yf a man haue a rent charge, and hys other purchaseth parcell of the tenementes charged in fee and dyeth, & that parcell discen­ [...]eth to hys sōne that hath the rēt charge now[Page]thys rent charge shalbe apporcioned after the value of the land, as is aforesayd of rent seruice because that such a porcyon of the lande purchased by the father, commeth not to th [...] sonne by hys own dede, but by dyscente an [...] course of the lawe.

¶Also yf there be lord and tenaunt, and the tenaunt holdeth of hys lord by fealte and certayn rent, and the lord graunteth the rent b [...] hys dede to another &c. reseruyng to hym th [...] fealte and the tenant attorneth to the grau [...] of the rent, now such rent is rent secke to th [...] graunte for thys that the tenementes be [...] holden of that graunte of the rent, but be h [...] den of the lorde that receyueth to hym fe [...] tee. And in thesame maner it is, where as holdeth hys land by homage fealte, & certa [...] rent, if the lord grant the rent, sauyng to hi [...] the homage such rent after such graunt is [...] secke but where landes or tenementes b [...] holden by homage fealte, and certayn rent the lord will graunt the homage of hys la [...] by hys dede to another sauyng to hym the [...] menant of the seruices and the tenant att [...] neth to hym after the fourme of the grau [...] now in thys case the tenant holdeth his la [...] of the graunt, and the lord that graunteth [...] homage shall not haue but the rent as re [...] secke, and shall neuer dystrayn for the rent [...] thys that neyther homage, nor fealtie, nor [...] cuage may be sayd seck, for he y^t hath or ough [...] to haue of hys tenaunt Homage, or fealte a [...] [Page 47]escuage may of common ryght dystrayn for it if it be behynd for homage fealte and escuage been, seruices by which landes and tenem̄tes be holden and been such that in maner maye be taken but as seruices. But otherwyse is of rent that was once rēt seruice for thys that whan it is seuered &c. by the graunte of the lord fro the other seruices, it may not be sayd rent seruice for thys that hath not to it fealte which is incident to euery maner of rent seruice, and for thys it is sayd rent secke.

¶Also if a man let land to another for terme of lyfe reseruyng to him certayne rent, if he graunt the rent to another sauyng to hym the reuercion of the land so letten by his dede. &c. suche rent is but rent secke, for thys that the graunte hath nothyng in the reuercion of the land. But if he graunt the reuercion of y^e land to another for terme of lyfe and the tenant at tourneth &c. then hath the grauntee the rent as rent seruice because he hath the reuercion for terme of lyfe. And so it is to be vnderstād that if a manne geue landes or tenementes in the tayle reseruing to hym and to hys heyres certayn rent or let land for terme of lyfe reseruing certayn rent if he graunt the reuercion to another, and the tenaunt attorneth all the rent and seruice passeth by the woorde of the graunt of reuercion for thys that all the rent and seruice in such case be incidentes to the reuercion and passe by the graunt of reuerci­on. But though he graunt the rent to another[Page]the reuerchon passeth not by suche graunt [...] et cetera. And so note well the diuersitie. And it is holdē, Pasche duodecimo E. quarti. B [...] it is adiudged. Anno. xxvi. libro Assysar [...] where as the seruices of the tenaunt in tay [...] wer graunted that that was a good grau [...] yet notwithstanding the reuercion remaines

¶Also yf there be Lorde mesne and tenaunte, and the tenaunt holdeth of the mei [...] by the rent of .v. shillynges, and the mesne h [...] deth ouer by twelue pence, yf the lord abo [...] purchase the tenauncy in fee, then the seru [...] of the menalte is extynct for thys that wha [...] the lord aboue hath the tenauncy, he holde [...] of the lorde next aboue hym. And if he ou [...] to holde it of hym that was mesne, than [...] shoulde holde one selfe tenauncie immedia [...] lye of dyuers Lordes whiche shoulde be [...] conuenyent, and the lawe wyll sooner suffer myschiefe for that, than an inconuenye [...] and for thys the seygniorye of the mena [...] is extyncte. But in so muche that the tenan [...] held of the mesne by v. s. & the mesne held [...] by .xii. d. so that he had more auantage by [...] than he payd to hys lord, he shal haue the sa [...] fowre shyllynges as a rent secke yerely of th [...] lord that purchased the tenauncy.

¶Also yf a manne that hath rent secke [...] ones seised of any parcell of the rene, and after yf the tenaunt wyll not pay the rent th [...] is behynde, thys is hys remedye. It behoueth hym to goe by hymselfe, or by another[Page 48]to the landes and tenementes whereof the rente is yssuynge, and there to demaunde the [...]rrerages of the Rente. And yf the tenaunt denye to paye it, thys denyinge is a dysseisyn of the rent. Also yf the tenaunt at the tyme be not ready to paye it, thys is a denying and [...] dysseisyn. Also yf the tenaunte, nor none other be dwellynge vpon the landes or tene­mentes whan he asketh the arrerages et ce­ [...]era. thys is a denying in lawe, and a dyssey­ [...]yn in dede, and of suche dysseisyns he maye haue an assyse of nouel dysseisyn agaynst the [...]enaunt, and recouer the seysyn of the Rent, and the arrerages and hys damages and co­ [...]es of hys writte & of hys p [...]e. &c. And if after such recouere the rent be another time deny­ed him, thā he shal haue a redisseisin & recouer double damages. And it is to be had in mind, [...]hat thys name assyse is Equiuocū. For some [...]yme it is taken for a iure, for in the begyn­ [...]ing of the record of assyse of nouel disseisin, the record shal begin thus (Assisa ven̄ recogn̄) which is to saye y^e iuratores ven̄ recogn̄, and [...]he cause is for thys that by the wrytte of as­ [...]se is commaunded to the shyrif ꝙ faciat .xii. [...]beros & legales homines de vicineto &c. vi­ [...]ere tenementum illud & nomina eorū inbre­ [...]iari. & ꝙ som̄ eos ꝑ bonos sum̄ ꝙ sint coram [...]usticiariis et cetera. pa [...]ati inde facere recog­nitionē &c. And for thys that by force of suche [...] originall writte a panell by force of the­ [...] wrytte, oughte to bee retourned &c. it is[Page]sayd in the begynnyng of the record in assyse, Assisa ven̄ recogn̄ &c. Also in a wrytte of right it is commonly sayd that the tenant may put [...] hym in good and in the greate assyse &c. Also there is a writte in the Registre called D [...] magna assysa eligenda, so is thys a good pro [...] that thys name assyse sometime is put for th [...] Iewry, and sometyme it is taken for all the wrytte of assyse, & after that entent it is mo [...] properly and most commonly taken as assy [...] of nouel disseisin, is taken for al the wrytte [...] assyse of nouel dysseisin. In thesame maner a [...] syse of cōmon pasture, is taken for al the [...] of assyse of cōmon pasture and assyse of mor [...] daunce sire and assyse of darrayn presentmen [...] &c. But it semeth that the cause is why such writtes at the begynnyng were called ass [...] ses, for thys that by euery suche wryt it is cō maunded to the shryfe that he sommon .xii. s. which is as much to say that he ought to [...] mon a iewry &c. and sometyme assyse is taken for an ordinaunce for to set certayn thynge in a certayn rule and dysposicion, as an ordinaunce that is entred in the auncient estat [...] tutes is called Assysa panis & seruicie. Also there be lord and tenaunt, and the lord gra [...] teth the rent of hys tenaunt by dede to an [...] ther sauyng to hym the other seruice, and th [...] tenaunt attourneth, thys is a rent secke an [...] is aforesayd But if the rent be denyed hym [...] the next day of payment, he hath no remed [...] for this that he had not therof any possession[Page 49]But yf the tenaunt whan he attorneth to the graunt or after wyll geue a peny or an halfe peny to the graunt in the name of seisin of rēt than if after at the next day of payment the rent be denyed hym he shall haue assyse of no­uel disseisin and so it is yf a man grant by his dede a yerely rent issuyng out of hys lande to another. &c. If the grauntour than after paye to the graunte .i. d. or an half peny in the name of seysyn of the rent than after the fyrst daye of payment the rent be denyed, the grant may haue assyse or eis not. Also of rent Secke a mā may haue assyse of mortdauncester or a wryt of ayle or cosynage and all other maner of ac­cions reals the case syeth as he may haue of any other rent.

¶Also there be two causes of disseisin of rēt seruyce that is to say rescous repleuyn and ē ­closure rescous is whan the lord dystrayneth in the land holden of hym for his rent behind yf the dystresse be reserued fro hym or the lord come vpon the lande and woulde dystrayne & the tenaunt or another manne wyll not suffer hym. &c. Repleuyn is whan the lorde hath di­strayned, and repleuyn is made of the distres by wryt or by playnt. &c. Enclosure is yf the landes and tenementes bee so enclosed that the lorde may not come within the lande and tenementes for to dystrayn and the cause why suche thynges so done be disseisins made to the lorde is for this by suche thynges the lord is disturbed of the meane by which he ought to[Page]haue come to his rent. And foure causes be of disseisin of rent charge that is to saye rescous repleuin enclosure and denyer for denying is a disseisin of rent charge as it is aforesayde of rent secke & two causes be of disseysin of rent secke that is to say enclosure and denyer and yet it semeth that ther is another cause of dis­seisin of al the thre rentes aforesayde that is whan the lord is goyng to the land holden of hym for to dystrayne for the rent being behind and the tenant hearyng this encountreth him and forstalleth hym the way with force, and armes and manaseth hym in suche forme that he dare not come to the land for to dystrayne for his rent behynde. &c. for doute of death or bodily hurt this is a disseisyn for this that the lord is disturbed of the mean wherby he ought to come to his rent and so it is yf by such for­stalling and manassing he that hath rēt charge or rent seck is forstalled or dare not come to the land to aske the rent behynde.

¶ Parceners. Cap. i.

PArceners bee in two maners that is to say parceners after the course of the cō mon law & parceners after the custome parceners after the course of the cōmō law be wher a man or a woman be seased of certayn landes or tenementes in fe simple or fe taile & hath none issue but doughters & dieth[Page 50]and the tenem̄tꝭ discende to the doughters & the doughters enter into the lādes & tenem̄ts so to thē discended than they be called parce­ners & be but one heyre to theyr ancester and they be called ꝑceners for this y^t by the wryt that is called Breue de participatione facien­da the law wyl constrain thē that participaciō shalbe made among thē & yf ther be .ii. dough­ters to whom the land discendeth then they be called two parceners & if thei be .iii. doughters they be called thre parceners, and foure doughters foure parceners and so foorth and yf a man seased of landes in fe simple or in fe tayl and dye without issue of his body, and the tenementes discende to his systers they be parceners as is aforesayde. In thesame maner it is wher he hath no sisters but the land discen­deth to his auntes they be parceners, but yf a manne haue but one doughter she may not be sayde parcener but doughter and heyre. And it is to wete that particion betwene ꝑceners maye be made in dyuers maners, one is whā they agree to make particion and make par­ticion of the tenementes as yf there be twoo parceners to deuide betwen them the tenem̄ts in two partes euery part by hymself in seue­raltie of euen value and if there be thre parceners to deuide the tenementes in thre partes [...]n, seueralte. Another ꝑticion there is to chose by agrement betwene thē & certayne of theyr frēdes to make the ꝑticion betwene thē of the landes & tenementes in the forme aforesayd.[Page]And in such cases after suche particion the el­der doughter shall chose fyrst one of the ꝑtes so deuyded which she wyll haue for her part. And than the seconde doughter after her another part. &c. yf it so be that there be many sy­sters. &c. If it be not y^t they ne be otherwyse agreed betwene them for it may be agreed be­twene them that one of them shall haue suche tenementes and another such tenementes, & without any suche fyrst eleccion and the par [...] that the elder syster hath is called in latin E [...] nitia pars, but yf the parceners agre that th [...] elder syster shall make particion of the tenementes in the fourme aforesayd, and yf she d [...] than it is sayde that the elder syster shal chos [...] the last part after eche of her other systers another particion and a lottyng there is, as y [...] there be fowre parceners and after such particion made of the landes euery parte of the lande is by it selfe written in a little scrow [...] and it is couered all in wexe in a maner of a lyttle ball so that no man may see the scrowe than is the foure balles of wexe put in a Bonet to kepe in the handes of an indyfferēt mā & than the elder doughter fyrste shall put ha [...] hand in the Bonet which shall take a balle [...] wexe and the scrow within the same ball fo [...] her purpartie, and than the seconde syster sha [...] put her hande in the Bonet and shall take another, and so then the thyrd syster the thyrd [...] ball. &c. & in thys case it behoueth eche of thē to holde them to theyr chaunce and alotment.

[Page 51]¶Also another particion ther is as if ther be fowre parceners and they wyll not agree that particion shalbe made betwene thē, than one of them may haue a wryt de particione facienda agaynst the other thre systers, or twoo may haue a wryt of participacione facienda, agaynst the other or the thre against the foure at the eleccion and whan iudgement shall bee geuen vpon suche a wryte, the iudgement shal be such the particion shalbe made betwene the partyes of the sherife in his proper parson go to the landes and tenementes. &c. and that he by y^e othe of .xii. true mē of hys bayly wyke. &c. shall make particion betwene the partyes the one partye of the same landes shal be assygned to the playntyf or to one of the playntyfes, & another parte to an another. &c. not makīg mē cion in the iudgement of the eldest sister more than of the yongest, and of the particion that he hath, thys done he shall make notyce to the Iustyces. &c. vnder his seale and the seales of the xii. &c. and so in this case may you see there the elder sister shall not haue the fyrst elecci­on. &c. but the sheryfe shal assygne the part that she shall haue. &c. and it may be that the sheryfe wyll assygne fyrst a part to the yonger syster, and the last part to the elder. And note well that particion by agrement betwene parce­ners maye by the lawe bee made amonge them as well by woorde without deade as by dede.

¶Also if two meses dyscende to two par­ceners [Page]and the one mese is worth by yere .xx. s. and that other but .x. s. by yere, in thys case particion may be made betwene them in such forme that the one parcener shal haue the one mese and the other parcener shall haue the o­ther mese, and he that shall haue the mese of xx. s. and hys heyres shall paye a yerely rent, of .v, s. yssuing out of thesame mese to another parcener and to his heyre for euer, because y^e euery of them shall haue euen in value, & such particion made is good ynough, and thesame parcener that shall haue the rent of .v. s. & hys heyres may dystrayne for the rent of common ryght in thesame mese of the value of .xx. s. yf the rent of .v. s. bee behynde at any tyme in whose handes so euer thesame mese cometh though there was neuer writyng made of it betwene them in the same maner it is of par­ticion of all maner of landes and tenementes &c. where such rent is reserued to one or to dyuers parceners vpon such particion. &c. but suche rent is not rent seruyce, but rēt charge, of common ryght had and reserued fore galtie of the particion. And note well that none be called parceners by the common lawe but women or the heyres of women, and which come by landes and tenementes by dyscent, for yf systers purchase landes or tenementes of thys they been called Ioyntenauntes and not parceners. Also yf twoo par­ceners of lande in fee symple make particion betwene them. &c. and in the part of that one [Page 52]valueth muche more than the parte of the o­ther, yf they were at the tyme of particion of full age, that is to saye of xxi. yeare, than they alwaye shall abyde and neuer be defeted, but yf tenementes whereof bee made particyons bee to them in fee tayle, and the parte that one hath is muche better in yerely value than the part of the other. Howbeit that they bee excluded duryng theyr lyues to defete the par­ticion yet yf the parcener y^t hath the lesse part in value hath issue and dyeth, the yssue maye dysagree to the particion and enter and occu­py in comon that other part that is alotted to her aunt and so the aunt may enter and occu­py in common the other part alotted to her si­ster as no particion therof had be made. &c.

¶Also yf two parceners of tenementes in fee take husbandes and they and theyr house­bandes make particion betwene them yf the part of the one be lesse in yerely value thē the part of that other during the liues of the hus­bandes the particion shalbe in his force and strength yet after the death of the husbande the wyfe y^t hath the lesse part. &c. thesame wife or woman may enter in her sisters part as it is aforesaid and defete the particion, but if the particion so made betwene thē wer such that at time of lotment wer egal of yerely value than it may not after be defeted in such cases.

¶Also if ther be .ii. ꝑceners and the yonger of them be within the age of .xxi. yere and party­ [...]on is made betwene them, so that the[Page]part that is allotted to the younger is lesse in value then the part of that other. In this case y^e yonger duryng the time of her nonage and also whan she commeth to full age of .xxi, yeare may enter in the porcion of her sister alotted, &c. and defete the particion but suche a parce­ner ought to take hede whan she commeth to full age that she ne take to her owne vse al the profytes of that tenemētes to her alotted, for that she agreeth to the peticion of suche age, in which case the particion shal stande and a­byde in his force and strength &c. but para [...]i­ture the profytes of the half she maie take, le­uyng the profytes of the other halfe to her sy­ster. &c. yet it is to wytte that whan it is sayt males and females be of full age, that shal be vnderstanded of the age of .xx. yere for yf any feoffement or graunt relese confyrmacion ob­ligacion or any other wryting before any such age be made by any of them. &c. or that any [...] in such age be baylyf or receyuer with any [...] &c. all for nought and may be auoyded. Also a man before suche age shal not be sworne in [...] iury nor no inquisicion. Also yf tenemētes be geuen to a manne in the tayle which hath of muche lande in fee simple and hath issue two doughters and dieth, and the doughters ma [...]e particion betwene them, so that the landes or fee symple be alotted to the younger dough­ter in allowaunce of the tenementes tayle [...], alotted to the elder doughter, if after such partycion the younger doughter alyeneth the la [...] [Page 53]in fee symple to another in fee, and hath yssue, a sonne or a doughter and dyeth the yssue may enter in the tenementes tayled and them to holde in propartye with theyr Aunt, and thys is for two causes, one is for that, that the issue maye haue no remedye of the lande alyened by hys mother for that the lande was to her in fee symple, and in so muche that he is of the heyres in the tayle, and hath nothyng re­compensed of that that to hym belongeth of the tenementes tailed, and namely whan such particion maketh no discontinuaunce of the tayle as shall be sayde hereafter in the chapi­ter of discontinuaunce. But the contrarye is holden. M. x. H. vi. that is to saye that they [...]aye not enter vpon the parcener that hath hys lande tayled, but is set to hys formedon. Another cause is for that, that it shal bee arec­ [...]ed the foly of the elder syster, that she woulde [...]gree to the particion where she myght haue and halfe the land in fee symple and halfe of [...]enementes in the tayl for purpartie and so to [...]e sure without damage. &c. Also yf a manne seased in a plough lande by iuste tayle and [...]ereaseth an infaunte wythin age of an­ [...]ther ploughe lande and hath yssue twoo doughters, and dyeth seased of bothe those [...]oughe landes, the enfaunt than being with [...] age, and the doughters enter and make par [...]icion that the one ploughe lande, is lotted [...] the purparte of the one as parcase to younger syster in allowaunce of that o­ther[Page]ploughe lande that alotteth to the purparte of that other, so that after the infaunte entreth in the plough lande of the which he was disseased vpon the possession of the par­cener that hath thesame plough land, than th [...] same ꝑcener may ēter into that other plough land that the syster hath and holdeth in par­cenary with her, but yf the yonger syster alie [...] thesame plough lande to another in fee sym­ple before the enter of the infaunt, and after the chylde entreth vpon the possession of th [...] alyen then she maye not enter in the othe [...] plough land, for this that by her alienacion [...] hath vtterly dismissed her self to haue any p [...] of the tenementes as parcener, but yf the yo [...] ger sister before the enter of the infaunt ma [...] therof a lease for terme of yeres or for terme [...] lyfe or in fee tayle sauyng the reuerciō to h [...] and after the chylde entreth, there paraduenture it is otherwyse, for this that she dismis [...] not her self of all that, that was in her, [...] hath reserued to her the reuercion and thei [...] symple. &c.

¶Also yf there be thre or foure parcene [...] that make particion betwene them, yf the pa [...] of the one parcener be defeted by such lawfu [...] entre she may ēter and occupy thesame oth [...] landes of all the other parceners, and comp [...] them to make newe particion of the othe [...] landes betwene them. &c.

¶Also yf there be two parceners, and th [...] one taketh an husbande, and the husbande a [...] [Page 54]the wyfe haue issue betwene them, and the wife dieth, & the husband holdeth hym in the half as ten̄t by the curtesy. In this case the ꝑ­cener that suruiueth & the tenant by the curte­sy may wel make particion betwene them. &c. And yf the tenant by curtesy wyl not agre to make particion, than the parcener that surui­ueth may haue a wryt de participacione faci­enda. &c. and compell hym to make particion. But yf the tenaunt by the curtesy wyll haue particiō betwene them, and the parcener that suruyueth wyll not haue it then the tenaunt by the curtesy shal haue no remedy for to haue particion for he may not haue a wryt de parti­cipacione facienda, for this that he is not par­cener, for such a wryt lyeth for parceners all onely. And so may ye see that the wryt de par [...]icipatione facienda lyeth agaynst tenauntes by the curtesye, and yet hymself may not haue [...]uch a writ.

¶ Parceners by the custome. Cap. ii.

PArceners by the custome be where a manne [...] leased in fee tayle of landes or tenementes [...]hat be of the tenure called Gauelkynde with [...]n the shyre of kent, & hath issues diuers sōnes [...]nd dyeth, suche landes and tenementes shal [...]yscende to all the sonnes by the custome, and [...]hey euenlye shall inheryte and make party­ [...]on betwene them by the custome as fe­ [...]les doe, and a writ de participatione faciē ­ [...]yeth in this case as betwene females, but[Page]it behoueth in the declaracion to make menci­on of the custome. Also suche custome is in o­ther places in England and also such custom [...] is in north wales.

¶Also there is an other particion that i [...] of another nature, and in another forme the [...] any of the particions aforesayde, as a man [...]e [...] seased of certayn landes in fee symple hath is­sue two doughters, and the elder is maryed, [...] the father geueth parcell of the same lande [...] to the husbande with his doughter in fran [...] maryage, and dyeth seased in the remena [...] the whiche remenaunt is of more greater value by yere then be the landes geuen in fra [...] maryage.

¶In thys case the husbande and the wy [...] shall haue nothyng for theyr part of the sayd [...] remenaunt, but yf they wyll put their lande [...] geuē in franke mariage in hotchpot wyth th [...] remenaunt of the lande with her sister, a [...] yf they wyll not doe so, then the yonger lyfe may occupy the same remenaunt, and take [...] her the profytes onely, and it semeth that th [...] worde hotchpot is in Englysh a puddyng, [...] in such a puddyng is not commonly putte an [...] onely thyng, but one thyng with another an [...] for this that it behoueth in suche case to [...] the landes geuen in frank maryage with th [...] other landes in hotchpot yf the husbande a [...] the wyfe wyll haue any thyng in the oth [...] remen̄t. &c. This word hotchpot is but a fa [...] of similitude, & is as much to say as to put [...] [Page 55]landes geuen in frāk mariage & other lādes in fee simple. &c. together, & this is to such entēt to accompt the value of al the landes that is to say, of the landes geuen in franke maryage & the remenant that was not geuen and than particion shal be made in thys fourme that ensueth. As put case that a man seased of .xxx. acres of lande in fee symple euery acre in va­lue .xii. d. by the yere which hath issue .2. doughters. and the one is couert baron, & the father geueth .x. acres of the xxx. acres to the husbād saith his doughter in franke maryage & dyeth [...]eased of the remenaunt, then the other sister shall enter in the remenaunt, that is to saye in the .xx. acres and shall occupy it to her owne vse, except the husbande and the wyfe wyll put theyr .x. acres euen to thē in franke mary­age wyth the other .xx. acres in hotchpot, that is to say together and than whan the value is knowen of euery acre, that is to saye, euery acre is yerely worth .xii. d. then the partycyon shalbe made in such forme, that is to say, that the husbande and the wyfe shall haue aboue the .x. acres geuen to them in franke maryage v. acres in seueralte of the .xx. acres and that other syster shall haue the remenaunt, that is [...]v. acres of the .xx. acres for her part so that accomptyng the .x. acres that the husband and [...]he wyfe had in franke mariage, and the other [...]. acres of the .xx. acres, the husband & the wife haue as much in yerely value as that other si [...]ter hath, & so alway vpon such ꝑticiō y^e lādes[Page]geuen in frāk mariage abyde to the doners o [...] to their heyres. &c. after the forme of the gift. [...] For if y^e other parcener should haue nothīg of this y^e is geuē in frāk mariage, of this shoud folow an inconuenience & a thing agaynst re­son which the law wyll not suffer. &c. and the cause why the landes geuen in frank mariage shalbe put in hotchpot is this, that whē a ma [...] geueth landes and tenementes in frank ma [...] age with his doughter or with his other co [...] syn, it is to vnderstande by the law that such gyft made by such woordes frank maryage [...] an auncyment of his doughter or or of hys co [...] syn, and namely whē the donour & his heir [...] shall not haue any rent nor seruice of him ex­cept fealtie vnto the fourth degree be pa [...] &c. and for such cause the law is that she [...] haue nothing of the other landes and tenementes discended to the other parceners. [...] but if she wil put the tenementes geuē in fr [...] ̄ [...] mariage in hotchpot as is aforesayd and if h [...] wil not put the landes geuē in frank mariag [...] in hotchpot, then she shal haue nothing in th [...] remenant for this that it shalbe vnderstand i [...] the law that she is sufficientely auaunced t [...] which auauncement she agreeth and holdeth her content, and thesame law is in this ma [...] ter betwene the dones in frank maryage a [...] the other parceners as to put in hotchpot▪ &c the same law is betwene the heyres of the donees in franke maryage and the parcener [...] &c. yf the donees in franke mariage die before[Page 56]theyr auncesters or before such particion. &c. as to put in hotchpot. &c. And note well that gyftes in franke mariage was the common lawe before the statute of weslmynster the se­conde, and alway after so hath bene vsed and continued. &c.

¶Also such putting in hotchpot. &c. is wher landes or tenementes that wer geuen in frāk maryage dyscende fro the donours in franke maryage all onely for yf the landes dyscende to the doughters by the father the donour, or by the mother the donour, or by the brother the donour or other ancesters & not by the donor &c. there it is otherwise, for in such case she to whom such gyft in frāk maryage is made shal [...]aue her part as yf no such gyft in frank ma­ [...]yage had bene made, for this that she was [...]ot auaunced by hym. &c. but by another.

¶Also yf a manne seased in .xxx. acres of [...]a [...]de euery acre of euen yerely value hauyng [...] yssue two doughters as it is aforesayd, and geueth of this to the husbande of the dough­ [...]er .xv. acres in frank maryage, and dyeth sea­ [...]ed in the other .xv. acres, in this case that o­ [...]her syster shall haue the .xv. acres so dyscen­ [...]ed to her onely, and the husbande & the wife [...]al not put in suche case the .xv. acres to hym euen in frāk maryage in hotchpot. &c. for this [...]at the tenementes geuen to hym in franke [...]aryage be of as good yerely value as the o­ [...]er landes discended. &c.

[Page]¶For yf the landes geuen in frank mariage wer of as euen value as the remnaunt or [...] more value, then in vayne and to none enter suche landes geuen in franke maryage shal [...] put in hotchpot. &c. for thys that she may h [...] nothing of the other landes discended. &c. f [...] yf she shold haue any parcel of the other lāde dyscended then should she haue more in yere value then her syster. &c. which the lawe v [...] not. &c. And as it is sayd in the cases afo [...] sayd of two doughters or two parceners, [...] thesame maner and in lyke cases is, wher [...] be moe sisters after that as the case & the [...] ter is. &c. And it is to wete that landes a [...] tenementes geuen in frank maryage shall [...] be put in hotchpot but with the landes dy [...] ded in fee symple, or of landes dyscended in tayle particion shalbe made as yf no such [...] in frank maryage had be made. Also no lād [...] shalbe put in hotchpot with other, but land [...] that be geuen in frank mariage al onelye. f [...] yf any woman haue any other landes or te [...] mentes by any other gyft in the tayle shal [...] uer put such land so geuen in hotchpot. &c. [...] she shall haue her part of the remenaunt, [...] cended. &c. that is as muche as the other p [...] cener shal haue of the same remenant.

¶Also another partycyon may bee [...] betwene parceners that varyeth f [...] the partycyons aforesayde, as yf th [...] bee three parceners and the youngest wo [...] haue particion, and the other twoo wou [...] [Page 57]not, but wyll holde in parcenary that that to thē belōgeth without particiō. In thys case yf one part be alotted in seueralte to the yon­gest syster after that that she oughte to haue, then the other may hold the remnaunt in parcenary and occupy in common without parti­cion if they wyll, and such particion is good ynough. And if after the elder and myddel parcener will make particion betwene them of that that they held, they may well doe so whē they please. But where particion shalbe made by force of a wryt de participatione faciēd &c. there otherwyse it is, for there behoueth it that euery parcener haue hys part in seueral­te &c. More shalbe sayde of parceners in the Chapter of ioyntenantes and also in the Chapiter of tenantes in common. &c,

Ioyntenantes. Cap. 3.

IOyntenantes be as a man seysed of certayn landes or tenementes &c. & therof hath en­feoffed two or three or fowre, or mo, to haue and to hold to them and to theyr heyres, or to haue and to holde to them for terme of theyr lyues, or for terme of anothers lyfe, by force of whiche feoffement they be seysed, suche be ioyntenauntes.

¶Also yf two or three dissease another of any landes or tenementes to theyr own vse, then the dysseisours be ioyntenantes. But if they dysseyse another to the vse of one of them, thē be they no ioyntenantes, but he to whom the[Page]vse of the disseisī is made sole tenant, & the o­ther haue nothing in the tenācy but be called coadiutors to the disseisin &c. And note wel y^t disseisin is ꝓperly where a mā ētreth into any landes or tenem̄tꝭ where hys entre is not l [...] ­ful, & putteth hī out y^t hath the frank tenemē [...] &c. And it is to wete y^t the nature of ioynte­nācy is y^t he that suruiueth shal haue only th [...] hole tenācy after such estate as he hath if th [...] ioynture be cōtinued &c. As if .iii. ioyntenāt [...] be in fee sīple & the one hath issue & dyeth, y [...] they that suruiue shal haue the tenem̄tꝭ ho [...] and the issue shal haue nothing. And if the s [...] ­cond ioyntenāt haue issue & dye, yet the thy [...] that suruiueth shal haue the tenementes ho [...] & shal haue them in fee symple to hym & to hi [...] heyres, but otherwise it is of parceners. F [...] if .iii. parceners be, & before any particion th [...] one hath issue & dyeth, that that to hym belongeth shall dyscend to his issue & if such a p [...] cener dye without issue, then that, that to [...] belongeth shal discend to her heyres, so th [...] they shal haue thys by discent & not by the s [...] uyuour as ioyntenātes haue &c. & as the s [...] uyuour holdeth place among ioyntenātes [...] in thesame maner he holdeth place among th [...] that haue ioynt estate or possession with othe [...] of catel royal, or cattel parsonal. As if a lea [...] of landes or tenementes be made to many f [...] term of yeres he that suruiueth of the lesse [...] shal haue the tenementes hole to hym durin [...] the terme by force of thesame lease. And [...] [Page 58]any horse, or other cattel parsonall be geuen to manye moe, he that suruyueth shall haue them to hymselfe.

¶In thesame maner it is of dettes & duties &c. For yf an obligacion be made to manye for one duetie, he that suruiueth shal haue al de [...] & so it is of all other couenantes & contracres.

¶Also some ioyntenauntes may bee that may haue Ioynte estate and be ioyntenantes for terme of theyr lyues and yet they haue se­ueral inheritaunces. As the landes be geuen to two men and to the heyres of theyr two bodyes engendred. In thys case the donees haue ioynt estate for terme of theyr two liues and they haue seuerall inheritance. For if the one of the donours haue issue & dye, the other that suruyueth shall haue al by the suruyuour for terme of hys lyfe. And yf he that suruy­ueth hath also issue, and dye, that the yssue of the one shall haue the halfe of the lande, and the yssue of the other shall haue the other half of the lande, and they shall holde the lande betwene them in commune, and be not ioynt tenauntes but tenauntes in commune.. And [...]he case that suche donees in such cases haue Ioynte estate for tearme of theyr lyues, is [...]hys, for thys, that at the begynnyng landes [...]ver geuen to thē two, which wordes without [...]ore saying make a ioynt estate to thē for tme [...]f theyr liues. For if a mā wil let lād to ano­ [...]her by dede or without dede, not making mē ­ [...]ō what estate he hath, & of this maketh [...]iue­re[Page]of seisyn. In thys case the lesse shall hau [...] estate for terme of hys lyfe, and so in so muche that the landes wer geuen to them, they hau [...] a ioynt estate for terme of theyr lyues: and th [...] cause why they haue seuerall inheritaunce [...] thys, in so muche that they cannot by possib [...] ­litie haue an heyre betwene them engendre [...] as a man and a woman may haue. &c. then th [...] lawe will that theyr estate and theyr inheritaunce shalbe suche as reason wyll after th [...] fourme and effect of the woordes of the gy [...] and that is to the heyres that the one enge [...] ­dreth of hys body by anye of hys wyues, [...] the heyres that the other engendreth of [...] bodye by anye of hys wyues. et cetera. [...] [...]t behoueth by necessite of reson that they [...] haue seuerall inheritaunce. And in such case yf the yssue of one of the donees after y^e de [...] of the donees dye so that he hathe no yssue of lyue of hys body engendred, than the don [...] or hys heyre may entre in the halfe as in hy [...] reuercyon, thoughe the other of the don [...] hath yssue alyue &c. And the cause is, for [...] much that the inheritaunce be seuered. &c. t [...] reuerciō in the law is seuered &c. & the fa [...] ­uour of the yssue of y^e other shal hold no pi [...] to haue y^e hole, & so as it is sayd of males in same maner it is where land is geuen to .ii. males & to y^e heires of their .ii. bodies bega [...]

¶Also yf land be geuen to two females a [...] to the heyres of one of them, thys is a go [...] ioyntour, and the one hath a freehold, and th [...] [Page 59]other hath fee simple, & if he y^t hath the fee dye he y^t hath y^e free hold shal haue the hole by the suruiuor for tme of lyfe. In y^e same maner it is where ten̄tes be geuē to two, & to the heyres of the body of one of them engendred, the one hath free hold, and the other fee tayle. Also if two ioyntenantes bee seysed of estate of sym­ple, and the one graunteth a rent charge by hys dede to another oute of that, that to hym belongeth &c. In thys case duryng the lyfe of the grauntoure, the rent charge is effectuall. But after hys decease the rent charge is voyd as to charge the land, for he that hath the land by the suruyuour shal hold al the land dyscharged. And the cause is, for thys that he that suruyueth claymeth to haue the lande by the suruyuour. &c. and not by dyscent of hys felow. &c. But otherwyse it is of parceners, for yf there be two parceners of tenementes in fee symple, and before any particion the one chargeth that, that to hym belongeth by hys dede of a rent charge &c. and dyeth without yssue, and that that to hym belongeth dyscendeth to the other parcener. In thys case the other ꝑcener shal hold the lād charged &c. for thys that be cometh to the halfe by dyscent as heyre &c.

¶Also yf there be two ioyntenauntes in fee symple within one borough where the landes and tenementes within thesame borough be deuysable by testament, yf the one of the sayd ioyntenantes deuyse that, that to hym belon­geth by testament &c. and dye, thys deuyse is [Page]voyd. And the cause is for thys that no deuise may take effect but after the death of the de­uysour. And for thys that by his death all the land incontinent cometh by the lawe to hys felow that suruyueth by the suruiuour which ne claymeth nor hath nothing in the lande, by the deuyse but in hys owne ryght by the sur­uyuour after the course of the law &c. for tha [...] cause such deuyse is voyde.

¶But otherwise it is of parceners seased of tenementes deuysable in such case of deuyse &c. Causa qua supra. Also it is commonly sayd that euery iointenant is seised of the land that he holdeth ioyntly &c. through and by all. And this is as much to saye that he is seysed by e­uery parcel and by all &c. and thys is true, for in euery parcel and by eche parcel, and by all the landes and tenementes he is ioyntly sey­sed with hys felowes &c.

¶Also if .ii. ioyntenantes be seysed of certayn landes in fee symple, & that one letteth that, that to hym belongeth to a straunger for ter [...] of .ix. yere & dyeth within the terme. In thys case after hys disseas the lessee may enter and occupy the half to hym lettē during the terme &c. though the lessee neuer had possession of [...] in the life of the lessour by force of the lessee &c. And the diuersitie betwene the cause of the grant of a rent charge & this case is thys. For in the graūt of a rent charge by a ioyntenan [...] the tenantes abyde alway as they wer afore without that, that any hath any ryght to haue[Page 60]parcel of the tenemētes, but themself & the tenementes abide in such plyte as tkey wer be­fore the charg &c. But where a lease is made by a ioyntenant to another for terme of yeres &c. incontinent by force of the lease the lessee hath right in thesame land, that is to say of al that y^t to hys lessour belōged▪ and to haue that by force of thesame lesse during hys terme &c. & thys is the diuersite &c.

¶Also ioyntenātes if they will, may make particion betwene thē and the particion is good ynoughe, but they shall not be compelled by the lawe to dooe it, but if they will make particion of theyr pro­per will, and agreemente, the particion shall stand in hys strength. P. iii. E. quarti.

¶Also if a ioynt estate be made of land to the housband and the wife, and to the thyrde parson, in thys case the housebande and the wife haue not in the lawe in their right but the halfe &c. And the thyrd parsone shall haue as much as the housband and the wife hath, that is to say, the other halfe &c. And the cause is for that the husband & the wife be but one ꝑson in the law, & be in like case as if estate be made to .ii. ioyntenātes, where the one hath by force of ioynture the one half & the other y^e other half. In thesame maner is where estate is made to the husband & the wife & to other two men, in thys case the houseband and the wyfe haue not but the thyrd parte, and the o­ther .ii. men the other .ii. partes &c. Causa qua supra. More shalbe sayd of them attouchynge[Page]ioyntenancy in the Chapiter of tenauntes in common tenaunt per Eiegit, and tenaunt by estatute marchaunt.

¶ Tenauntes in common. Ca. 4.

Tenantes in common be they that haue landes & tenementes in fee symple, fee tayle, or for terme of lyfe. &c. which haue such lādes and tenementes by seuerall tytle, & not ioynt tytle, and none of them know that, that is se­uerall to hym. But they ought by the law to occupy suche landes and tenementes in com­mon, and vndeuyded to take the profites in common. And because that they come to such landes and tenementes by seueral tytles and not by one self ioynt tytle, and theyr occupaci­on & possessyon shalbe by the law to be among them in common, they be called tenauntes in common, as yf a man enfeoffe two ioyntenantes in fee and the one of them alieneth that, that to hym belongeth to another in fee, now the other ioyntenaunt and the alyene be te­nauntes in common, for thys that they be sey­sed in such tenementes by seuerall tytles, for the alyene cometh in the halfe by the feoffe­ment of the ioyntenaunt, and the other ioynte­nant hath the other halfe by force of the fyrst feoffement made to hym and to hys fyrst fe­lowe, and so they be in by seuerall tytles, and by seuerall feoffementes &c. And it is to wyt that when it is sayd in any boke that a man is seised in fee, withoute more saying. It shalbe [Page 61]vnderstand fee symple, for it shall not be vn­derstand by such woord in fee, that a man is seised in fee tayle, except that there be putte therto such addicyon that is to saye fee tayle.

¶Also yf three ioyntenantes be, and the one of them alieneth that, that to hym belongeth to an other in fee. In thys case the alyene is tenaunt in common with the other two ioyn tenantes. But yet the other two ioyntenan­tes be seysed of the two parties ioyntly, and of these two parties the suruiuour betwene them holdeth place. &c.

¶Also yf there be two ioyntenantes in fee, and the one geueth that, that vnto hym belon­geth to an other in the tayle, the donee & the other ioyntenant be tenantes in common &c. But yf the landes be geuen to two men and to the heyres of theyr two bodyes ingendred the donees haue ioynt estate for tme of theyr lyues, and yf eche of them haue yssue and dye, theyr issues shall holde in common &c. But yf landes be geuen to two abbottes, as to the abbot of westmynster, and to the abbot of. S. Albons, to haue and to holde to them and to theyr successours, in thys case they haue in­continente at the begynnynge estate in com­mon, and not ioynt estate. And the cause is for thys, that euery abbot or other souerayne of an house of religion before that he be made abbot or souerayn, was but a dead man in the law. And when he is made abbot he is as a man parsonable in the lawe, alonely to pur­chase [Page]and to haue lands and tenementes and other thynges to the vse of hys house and not to hys own proper vse, as other secular men may, And for thys in the begynnyng of they [...] purchase they be tenantes in common. And [...] the one of them dye, the abbot that suruyueth shal not haue al by the suruyuour but the successour of the abbot that dyeth, shall holde the halfe in common with the abbot that suruy­ueth &c.

¶Also if landes be geuē to an abbot & to a secular man to haue and to holde to them, that is to say to the abbot and his successours, and to the secular mā, to hym & to his heyres the [...] haue estate in common. Cansa qua supra.

¶Also if landes be geuē to two men to haue & to hold, the one half to the one & to his heyres, & the other halfe to the other, and to hy [...] heyres they be tenantes in common &c.

¶Also if a man seysed of certaine landes enfeoffeth another in the halfe of thesame lande [...] without any speche or assignmēt or limitati [...] of thesame half in seueralie at the time of the feoffement, thē the feffe & the feffour shal ho [...] the parties of the sād in comō. And in y^e same maner as is aforesaid of tenantes in comō [...] landes or tenemētes in fee simple or fee tayle In thesame maner may it be sayd of tenant [...] for terme of life. As the two ioyntenantes i [...] in fee, & the one letteth to a man that, that vnto hym belongeth for terme of lyfe, and the other ioyntenant letteth that, that to hym belongeth[Page 62]to an other for terme of life these two lessees be tenauntes in common for terme of theyr lyues &c.

¶Also if a man let landes to .ii. mē for terme of theyr liues, & the one graūteth al hys estate of that, that vnto hym belōgeth to another &c. than that other tenant for terme of lyfe, & he to whō the graunt is made be tenantes, in co­mō duryng the tyme that both lessees be aliue.

¶And it is to be remembred that in all other such cases though that they bee not here ex­pressely named or specifyed, if they be in lyke reason they be in lyke lawe.

¶Also there be two ioyntenantes in fee, and the one letteth that, that vnto hym belongeth to an other for terme of lyfe during hys lyfe & the other tenaunt that dyd not let, bee tenan­tes in comon. And vpon thys case a question may ryse as thys, Put the case that the lessour hath issue & dieth, leauing y^e other ioyntenant hys felow, & liuing the tenant for tme of life, the questiō may be such, if y^e reuercion of the halfe &c. y^e the lessour hath, shal discend to the [...]ssue of the lessour, or y^e the other ioyntenant shal haue it by the suruyuour. And some haue sayde in thys case, that the other ioyntenant shal haue the reuercion by the suruiuour, and their reason is such, whē the ioyntenātes wer ioyntly seised in fee simple &c. though the one of thē made estate of y^e, that vnto hī belōgeth for term of life, & though that he hath thereof [...]ranktenement of that, that to hym belongeth[Page]by the lease, yet he hathe not seuered the fee symple. But the fee symple abydeth to hym ioyntly as it is was before. And so it semeth vnto them that the other ioynt tenaunt the suruyueth, shall haue the reuercion by the suruyuour &c. And other haue sayd the contra [...], and thys is theyr reason when one of the ioy [...] tenauntes letteth thys that to him belongeth to another for terme of hys lyfe, that by suche lease the franktenement is seuered from the ioynture. And by thesame reason the reuercion that is dependant vnto thesame franktenement, is seuered from the ioynture. Also [...] the lessour had reserued to hym a yerely re [...] vpon the lease, the lessour only shall haue the rent. &c. The which is a proofe that the re [...] ciō is only in hī, & that the other hath nothing in the reuerciō &c. Also yf the ten̄t for tme [...] life wer inspleded &c, & made defaut after defaute, than the lessour shalbe only of thys receyued to defend hys ryght, and hys felow [...] in this case in no maner shalbe receued, wh [...] proueth that the reuercion of the half is onely in the lessour. And so by consequens, if the lessour dye lyuyng the lessee for terme of lyfe the reuercion shall discend to the heyres of th [...] lessour &c. and not come to the other ioyntenaunt by the suruyuour. Ideo quere. But [...] thys case yf the ioyntenāt that hath the franktenement haue issue and dye, lyuyng the lessour and the lessee, than it semeth that the issue shall haue the halfe in hys demesne as [...] [Page 63]see by dyscent for thys that the franktenemēt may not by nature of the ioyntour be annexed to a reuercion &c. And it is certayn that he y^e letteth, was seysed of the half in hys demesne as of fee, and none shall haue any ioynture in hys franktenement. Ergo thys shall discende to yssues. Sed quere. But if it be thus, that the law in thys case is such, that if the lessour dye, leauing the lessee, and leauyng the other ioyntenaunt that hath the franktenement of the other halfe, that the reuercion shal des­cend to the issue of the lessour, then is the ioynture and the tytle that any of them may haue by the suruyuour by the ryght of the ioynture adnulled and all vtterly defected for euer.

¶In thesame maner it is if the ioyntenaunt that hath the franktenement dye, leauyng the lessour and the lessee, yf the lawe be such that hys franktenement and fee that he hath in the halfe shall discende to hys issue, then the ioyn­ture shalbe defeted for euer &c.

¶Also yf three ioyntenauntes bee, and the one releaseth by hys deede to one of hys fe­lowes all the ryght that he hath in the land, then hath he to whom the release is made the thyrd part of the landes by force of the relese and he and hys felowe shall holde the other ii. partꝭ ioyntly. And as to the thyrd part that he hath by force of the release, he holdeth the thyrd part w^t hymself, & hys felow in commō.

¶And it is to witte that sometyme a dede of release shall take effecte and shall be in vre to[Page]put the estate of him that made the release, t [...] hym to whome the release is made, as in the case aforesayd.

¶And also if a ioint estate be made to the husband & his wyfe, and to a thyrd parson, & the third ꝑson releaseth his right that he hath. &c. to the husband, thē hath the husband the halfe that the thyrd parson had, & the wyfe of thys hath nothing. And if in such case the thyrd re­lease &c. to the wife not naming the housband in the release, thē hath the wyfe the half that the thyrd parsō had. And the husband had no­thing of this, that in right of his wife, for this that in such case the release shal enure to put the estate to him to whō the release is made of al that, that belonged to him that made the release &c. And in some case a release shal en [...]ure to put al the right that he hath that made the release to hym, to whome the release is made. As a manne seysed of certayne landes and tenementes, is disseised by two dysseysoures, if the dysseisy by hys dede release a [...] hy [...] ryghte et cetera. to one of the dysseissours, than he to whome the release is made, shal haue and holde all the tenementes to hys onelye, and putte out hys felow of euery oc­cupacion of it. And the cause is for thys that the two disseisours were seysed in the tene­mentes by wrong by them doone agaynst the lawe. And when one of them happeth the re­lease of him that had right to enter &c. Thys right in such case resteth in hym to whom the[Page 64]release is made, and is in suche plight as if he that had the ryght had entred and enfeoffed hym &c. And the cause is for this that he that hath before had an estate by wrong that is to say by dysseisyn now by the release a rightfull estate.

¶And in some case a release shall entire by way of extinguishment & in such case such re­lease shal help the ioyntenāt to whom the re­lease was not made as wel as him to whom the release is made. And if a man be disseysed & the disseisour maketh a feoffement to .ii. mē in fee if the disseis [...] release to one of the feof­fours in fee by his dede thā such release shall enure to both the feffees for this that the fef­fees haue estate by the law that is to say by the feofmēt & not by wrōg done to any other.

¶And in thesame maner is, yf the disseisour make a lease to a manne for terme of lyfe, the remaindre ouer to an other in fee if the disseisi release to the tenaunt for terme of life al hys right &c. This relese enureth as wel to hym [...]n the remaindres to the tenāt for tme of life &c. And the cause is for this y^e tenāt for tme of [...]fe commeth to his estate by the course of the [...]aw. And for this the release shal enure & take effect by way of extinguishment of the tyght of him that hath relesed &c. And by thys relese he tenaunt for terme of lyfe hath no great es­ [...]ate thā he had before the release made vnto [...], & the right of him that released is all vt­erip extyncte. And in so muche that suche[Page]release cannot enlarge the estate of the ten [...] for terme of lyfe it is reason that the release shall enure to hym in the remainder &c. More shalbe sayde of releases in the Chapter of re­lease.

¶Also if there be two parceners, and the one alyeneth that vnto hym belongeth to an­other, than the other parcener and the aliene be tenantes in common.

¶Also tenauntes in common may be by tyt [...]e of prescripcion, yf the one and hys auncesters or they that whose estate he hath in the ha [...] haue holden in common, the same halfe with the other tenaunt that hath the other halfe and with hys auncestres or them whose estate he hath at vndeuyded fro tyme whereof no memory renneth &c. And diuers other maners may make and cause men to be tena [...]te [...] in common that be not here expressed.

¶Also in some case tenantes in comon ought to haue theyr possession seuerall accions, [...] in some case they shal ioyne in one accion. F [...] if there be two tenantes in common and th [...] be disseysed, they ought to haue agaynste th [...] dysseisour two assises and not one assyse, fore ner [...]e of them ought to haue an assyse of [...] halfe &c. and the cause is for thys y^e tenant [...] in common wer seised by seuerall tytles, b [...] otherwyse it is of ioyntenantes. For if the [...] be .xx. ioyntenantes and they be dysseised. th [...] shall haue in all theyr names but one asp [...] because that they had but one ioynt tytle.

[Page 65]Also yf there be thre ioyntenauntes and one releaseth to one of his felowes all the ryght that he hath and after the other two be disseased of the whole. &c in this case the other shal haue seueral assyses in this forme, y^e is to saye they shall haue in bothe theyr names one as­syse of the two partes &c. for this that they helde the two parties ioyntlye at the tyme of the disseisin. And as to the thyrde parte, he to whom the release was made ought to haue therof an assyse in his own name, for this that as to the thyrde part he is tenant in common &c. for this that he came to the thyrde part, by force of the release and not onely bee force of the ioynture.

¶Also as to sue accions that toucheth the royaltie, there is diuersitie betwene parce­ners that be in by diuers discētes, and tenāts in common. For yf a man sealed of certayne landes in fee haue issue two doughters and [...]ye and thei enter. &c. and eche of them hath is­sue a sonne and dye without particion made betwene them by which the one halfe discendeth to the sonne of the one parcener, and the other halfe discendeth to the sonne of the o­ther parcener. and they enter and occupy in coa [...] and be disseased, in this case they shal haue in their two names one assise and not two as­sises. And the cause is, that though thei come [...] by diuers discētes. &c. yet they be ꝑceners & a writ de participatione faciēda lieth betwene thē. And they be not ꝑceners hauing regarde[Page]or respect onely to the seysyn and possessiō fro theyr mothers, but they be parceners hauyng more respect to the estate that descended from their grandfather to theyr mothers. For they may not be parceners where their mothers wer not parceners before. &c.

¶And so to such respect & consideracion, that is to wytte as to the fyrst descente that was to their mothers thei haue a tytle in parsona­ry, the which maketh thē parceners. And also they be but as one heyre to their comon ancester that is to say, to theyr graundfather from whō the land descended to their mothers. And for these cases before particion betwene thē, &c. they shold haue one assyse though they co [...] in by seueral discentes. &c.

¶Also yf there be two tenantes in common of certayn landes in fee, & they gaue thesame land to another man in the tayle, or let it to a­nother manne for terme of lyfe, yeldyng an ā ­nuitye or certayn rent, and a pounde of peper or an hawke, or an horse, and they bene seased of these seruices and after all the rent is be­hynde, and they distrayne for it, and the tenan [...] maketh them rescous.

¶In that case as to the rente and the pounde of peper, they shall haue two assyse, and as to the hawke and the horse but one a [...] ­syse, and the cause why they haue twoo asy­ses as to the rente and pounde of peper of thys, in so muche that they were tenauntes, in common by seuerall tytles and whan they[Page 66]made a gyft in the tayle or lease for terme of lyfe. &c. sauing to thē the reuerciō & yelding to them certayn rent. &c. Such reseruacion is in­cident to theyr reuercion.

¶And for this that theyr reuercion is in comon and by seuerall tytles, as theyr possession was before theyr rent, and other thinges that may he seuered and were to them reserued v­pon the gyft or vpon the lease which bee incy­dent by the law to the reuercion, such thinges so seuered was of the nature of the reuercion which reuercion is to them in common by se­uerall tytles. And it behoueth that the rent of the pounde of peper which may be seuered is to them in common, by seuerall tytles. And of this they shall haue two assyses and euerye of them in his assyse shall make his playnt of the half of the rent and of the half of the pounde of peper. &c.

¶But of the hawke and the hors which cā not be seuered, they shall haue but one assyse for a man may not make a playnt in assyse of y^e half of an hawke or of the half of an horse. &c. In thesame maner it is of other rentes and seruices that tenauntes in common haue in grosse by diuers tytles.

¶Also as to accions parsonels, tenauntes in common ought to haue such accions parso­nels ioyntly in all theyr names, that is to saye of Trespas, or of offences that touche theyr tenauntes in common. As of breakyng of theyr howses, breakyng of theyr closes, and[Page]pastures wastyng & defouling of their grasse, cuttyng of theyr woode and to fyshe in theyr pondes and suche other. In this case tenants in comon shal haue one accion ioyntly & reco­uer ioyntly damages because that the accion is in the parsonaltie and not in the realtie.

¶Also yf two tenantes in comon make a [...] lease of theyr two tenementes to another for terme of yeres yeldyng vnto them yerely a certayn rent yf the rent be behynde. &c. the ten̄ts shall haue one accion of det agaynst the lessee and not diuers accions for that the accion is in the parsonaltie.

¶Also tenauntes in comon may make par­ticion betwene them yf they wyll thought they shall not be compelled by the lawe. But yf they make particion betwene thē by they [...] agrement and assent such particion is good y­nough, as it is adiudged in the boke of assyse. P. 3. E. 4.

¶Also as there be tenauntes in comon of landes or tenementes. &c. as is aforesayd. In thesame maner there be possessions and pro­parties of chatel real and chatel parsonal. As yf a lease be made of certayn landes to twoo men for terme of .xx. yeres, and whan they [...] ther of possessed, the one of the leases graūteth that, that vnto hym belongeth before y^e terme to another than he to whō the grant is made and the other shal holde and occupy in comon.

¶Also if two ioyntenantes haue the warde of the body & of the landes of the child within [Page 67]age and that one of them granteth to another that, that vnto hym belōgeth of thesame ward than the graunt and the other that graunteth not shal haue and holde it in comon. &c.

¶In the same maner it is of chatels parso­nels as yf two haue a ioynt estate by gyfte or by bying of an horse or an oxe. &c. the one of them graunteth that that to him belongeth of thesame horse or oxe. &c. Than the graunt and he that graunted not shall haue and possesse suche chatel parsonell in comon. &c. And in such cases where diuers parsons haue chatels reals or parsonels in comon and by dyuers titles, yf the one of them dye, the other that suruyueth shall not haue that by the suruyuour. But the executours of hym that dyeth shall holde & occupy that with hym y^e suruyueth as theyr testatour dyd or ought in this lyfe. &c. for this that theyr tytles and right in this case [...]er seuerall,

¶Also in this case aforesaide yf two haue estate in comon for terme of yeres & the one occupy all and put the other out of his posses­sion and occupacion. Than shal he that is put out of occupacion haue agaynst that other a [...]warde e [...]ectione fyrme for the halfe agaynste the other. In thesame maner it is where two holde the warde of landes or tenementes du­ [...]yng the nonage of a child, yf one put out the other of hys possession, he that is out shal haue a wrytte of eiectment de garde of the halfe [...]o [...] thys that those thinges be Chatels reals,[Page]and may be apporcioned and seuered. &c. But no such accion of trespas, that is to say. Quadclausum suum fregit et herbam suam concu [...] cauit & consumpsit. &c. And suche lyke accion [...] the one may not haue agaynst y^e other, for thy [...] that eche of them may enter and occupy in comon. &c. through and by all the tenemente [...] which they holde in common. But yf two be possessed of chatels parsonels in commō by diuers tytles, as of an horse or an oxe or a bow [...] yf the one take it all to hymself out of the possession of the other, the other hath none othe [...] remedy but to take this of hym that hath do [...] to hym the wrong for to occupy in comō [...] he may see hys tyme.

¶In the same maner it is of chatell rea [...] that may not be seuered as the case aforesay [...] two be possessioners of a warde of the body [...] a chylde within age, yf one take the chylde [...] of the possession of the other, the other hath [...] remedy by any accion by the lawe but to take the chylde out of the others possession whē [...] seeth his tyme. &c.

¶Also whan a man in pledyng will she [...] a dede of feoffement made vnto hym, or a g [...] in the tayle, or a lease for terme of lyfe of a [...] landes or tenementes, there he shall saye [...] force of which feoffement gyft or lease he [...] seased. &c.

¶But wher a mā wil pleade a lease or a [...] made vnto hī chatel real or parsonal, there [...] [...] saye ꝑforce of whiche he was possesse [...] [Page 68]More shalbe sayd of tenantes in comon in the chapiter of releases, confyrmacyons & tenātes [...]ar elegit.

¶ Estates vpon a condi­cion. Capi. v.

EStates that men haue in landes or tenem̄tꝭ [...] be in two maners. That is to say, thei haue estate vpon condicion in dede or vpon condi­ [...]ion in lawe. Vpon condicion in dede is, as a man by dede indented enfeoffeth another in fe [...]eseruing to him and to his heires yerely a certayn rēt payable at one feast or at diūs festes [...]ypere, vpon condicion that yf the rent be be­ [...]ynde. &c. that it shalbe lawfull to the feoffour [...]nd to hys heyres to enter into the landes or [...]enementes. &c.

¶Or yf the land be alyened to another in [...], to yelde vnto hym certayn rent. &c. And yf [...]hap that the rent be behynde by a weke af­ter any day of payment of it, or by moneth, or by a halfe yere after any day of payment, that than it shalbe lawfull the feoffour and to hys hyres to enter. &c.

¶In this case yf the rent be not payde at such a tyme, or before such a tyme limited and [...]cisyed within the condiciō comprysed in the aduenture thā may the feoffor or his heires en­ [...]r into such landes or tenem̄tꝭ, & them in hys [...]st estate to haue and to holde, and of hys to [...]uite the feoffee cleane oute, and it is cal­led estate vpon condicion, for thys that the[Page]estate of the feoffe is defensable yf the condici­on he not parfourmed.

¶In the same maner it is yf landes be ge­uen in the tayle, or let for terme of lyfe, or for terme of yeres, vpon suche condicion. &c. But where a feoffement is made of certayn landes reseruyng certayn rent vpon suche condicion that yf the rent be behynde that it shalbe law full to the feoffour and his heyres to enter, & the lande to holde tyll they bee satysfyed or payde of theyr rent behynde. &c. In this case yf the rent be behynd and the feoffour and his heires enter, the feoffe is not excluded cle [...] out. But the feoffour shall haue and holde the lande and take the profites tyll that he be sa­tisfyed of the rent behynde. And when he is satisfyed, the feoffe may reenter in thesame lā [...] and holde it as he dyd before, for in such case the feoffour shal haue it, but in maner for a distresse in the meane tyme, tyll he be satysfyed of the rent. &c. shall take the profytes in the meane tyme.

¶Also diuers wordes among other there be that by vertue of themself make estate vyl condicion. One is this worde of condicion as A enfeoffeth B. of certaine lande to haue a [...] to holde to the same. B. and his heyres vpon condicion that thesame B. and his heyres shal paye or do to be payde to the foresayd. A. and to his heires yerely such rent. &c. In this cases without any more saying the feoffee hath e­state vpon condicion. Also if the condiciō we [...] [Page 69]such. Prouided alway that the aforesayde B. pay or do to be payde to the aforesayd A. suche rent. Or yf they wer thus, so that y^e aforesayd B. pay or do to be payde suche rent. In these cases without any more sauing y^e feoffee hath estate but vpon condicion, so that if he ꝑforme not the condicion the feoffour and hys heyres may enter. &c.

¶Also other wordes there be in a dede that causeth the tenauntes to be condicioneis, as vpon such a feoffement a rent is reserued to the feoffour. &c. and after it is put in dede that yf at chaunce the aforesayde rent to be behynd in parte or in all. &c. that than it shalbe lawful to the feoffour and to his heyres to enter. And this is a dede vpon a condicion. But there is diuersitie betwene these wordes if it chaunce. &c and the wordes next aforesayde. For thys worde if it chaunce. &c. is nought worthe to suche condicion, but if it haue these woordes folowyng, that is to saye, that it shalbe lawful to the feoffour and to his heyres to enter. &c. But in these cases aforesayd it nedeth not by the law to put such clause, that is to saye, that the feoffour and hys heyres maye enter. &c. for this that they may so dooe by force of the w [...]ordes aforesayde, because they conceiue to themselfe in the lawe a condicion, that into saye, that the feoffour and hys heires maye enter. Yet it is commonlye in all such [...]es aforesayde to putte suche clauses in the dedes, that is to saye, yf the rent be be­hynde.[Page]&c. that it shall be lawfull to the so [...] feoffour and his heyres to enter. &c. And thy [...] is well done to that intente for to declare and expresse to the lay men that be not learned i [...] the law, the maner and the condicion of the feoffement. &c. As a man seased of lande as of franktenement, let thesame lande to another by dede endēted for terme of yeres, yelding v [...] to hym certayn rēt, it is vsed to put in the de [...] that yf the rent be behynde at the day of payment by a moneth. &c. That than it shalbe la [...] full to the lessour to dystrayne. &c. and yet the lessour may dystrayne of common right for the rent behynde. &c. though suche wordes ne [...] wer set in the dede. &c.

¶Also yf any feoffement be made vpō [...] condicion, that yf our feoffour pay at a cer [...] daye. &c. xx.li. of money that then the feoffo [...] may enter. &c. In thys case the feoffe is called tenaunt in mortgage, that is asmuche to [...] in frenche as mortgage, and in latin mort [...] [...]adium, and in Englishe a dead pledge. An [...] semeth that the cause why it is called mo [...] gage is for that, that it standeth in doubt if [...] feoffour may pay at the daye lymytted suche [...] summe or not, and yf he pay not, then the la [...] that is put in pledge vpon condicion for th [...] paymente of the money, is gone from hym [...] euer. And so deed as to the tenant, &c.

¶Also as a man may make a feoffement [...] [...]ee in mortgage, so may a man make a gyfte [...] the tayle in mortgage, and a lease for ter [...] [Page 70]of life, or for terme of yeres in mortgage. And [...] such tenauntes be tenantes in mortgage af­ter the state that they haue in the landes, at [...]etera.

¶Also yf a feoffement be made in mortgage vpon condicion that the feoffour shal pay such a summe at such a day. &c. as is betwene them [...]y theyr dede endented accorded and lymytted though the feoffour dye before the day of pay­ment. &c. yet yf the heyre of the feoffour pay the same summe within the day to the feoffe, or ꝓ­ [...]e [...] hym the money, and the feoffee refuseth to [...]eyne it, then maye the heire enter in to the [...]andes. And yet the condicion is yf the feoffor [...]y suche a summe at such daye. &c. and not ma [...]ng mencion in the condicion of any paymēt to be made by hys heyre. But for this that the heyre hath interest of ryght in the condicion. [...] and the intente was but that the money shoulde hee payde at the daye sette. &c. and the feoffee hathe no more damage to bee payde by the heyre, then thoughe he were payde by the father, et cetera, for thys cause of the heyre paye the moneye or tendeth the money at the daye sette, et cetera, and the o­ther refuseth it, he maye well enter. But [...]a straunger of hys owne head that hath [...] interest. &c. woulde tende and paye the money at the daye sette then the feoffee is not [...]unde to receiue it &c.

¶And it is to be had in mynde that in suche [...]e where suche lawfull tender of the money[Page]is made and the feoffee refuseth to receyue [...] wherfore the feoffour or his heyres doe enter &c. then the feoffe hath no remedy to haue the money by the common law, for this that it shall be erected his owne foly that he refused the money when lawfull profer was made of [...] vnto hym. &c.

¶ Also yf a feoffement be made in such con­dicion, that yf the feoffee paie to the feoffour a [...] such a daye betwene them limited .xx.li. tha [...] than the feoffe shall haue the land to him and to his heyres and yf he fayle to pay the money at the day. &c. that then it shalbe lawfull to the feoffour or to his heyres to enter. &c. and if a [...] ter before the day set, the feoffee selleth y^e [...] to another, and therof maketh a feoffement vpon him in this case yf the seconde feoffe [...] tende the summe of money at the day [...]ette [...] the feoffour, and the feoffour refuseth it. &c. [...] hath the seconde feoffe estate in the lād cle [...] without condicion. And the cause is for, that [...] seconde feoffe had interest in the condicion [...] saluacion of his tenauncy. And in this case [...] semeth that if the fyrst feoffe after such sale i [...] the lande wyll tende the money at the day [...] &c. to the feoffour, that shall bee good ynough for the saluacion of the estate of the secon [...] feoffe, for this that the fyrst feoffe was pre [...] to the condicion, and so the tender of anye of them is good ynough &c.

¶Also if the feoffem̄t be made vpon cond [...] that yf the feoffor pay a certain sum of money[Page 71]to the feoffe that then it shalbe lawful to the feoffour and to hys heyres to enter. &c. In thys case yf the feoffor dye before the daye of payment, and the heyre wil tender to the feoffe the money, such tender is void, for thys that the tyme within which the render oughte to be made is past. For when the condicion is, that if the feoffor pay the money to the feoffe, this is asmuch to say, that yf the feoffour du­ [...]yng hys lyfe paye the money to the feoffee. &c And when the feoffor dieth then the tyme of the tender is past, But otherwyse it is, wher a day of paym̄t is lymytted, and the feoffour [...]yeth before the day then may the heyre tēder the money as it is aforesaide, for thys at the tyme of the tender was not past by the death of the feoffor. Also it semeth in such case wher the feoffor dyeth before the day of payment yf the executors of the feoffor, tender the money of the feoffe at the day of paymēt, the tender is good ynough. And yf the feoffe refuse thys [...]he heires of the feoffor may enter. &c. And the cause is, for this that the executors represent the ꝑson of their restator. &c. And note wel, y^e [...] such cases of condicion of paym̄t of certayn [...] in grosse touching landes or tenementes [...]awful tender be once refused, he y^t ought [...] pay the money is therof assoyled and clerely [...]scharged for euer after.

¶Also if the feoffe in mortgage before the day [...]f paym̄t that shalbee made vnto hī make hys [...]ntors & dye, & his heire entreth into the lād[Page]as he ought. It semeth in this case y^t the feoffour ought to pay the money at the day set [...] the executours, and not to the heyr of the feoffee for this that the money at the begynning belonged to the feoffe in maner as a duetie. And shal bee vnderstande that the estate [...] made because of borowyng of the money the feoffee, or because of another dutye. A [...] for thys the payment shall not be made to [...] heyr of the feoffe as it semeth. But the wor [...] of the condicion may be such that the pay [...] shalbe made vnto the heyre as yf the condicion wer, that the feoffor pay to the feoffe or to h [...] heyres such a sum at such a day. &c. There a [...] ter the death of the feoffe if he dye before [...] day limited then the paym̄t ought to be m [...] to the heyre at the day set &c.

¶Also in such case of a feoffem̄t in mortgage a questiō hath bene demanded in what pi [...] the feoffor is boūd to tender the money to the feoffe at the day set. &c. And some haue se [...] that vpon the lande so holden in mortgage [...] this that the condicion is dependant vpon [...] lande, and they haue sayde that yf the feoff [...] be redy vpon the land to pay the money [...] feast or day set, and the feoffee be not at t [...] tyme ther, that then the feoffour is exclu [...] and discharged of paym̄t of the money, for t [...] that no defaut was in him, but it semeth to men y^t the law is contrary, & the defaut is i [...] For he is bound to seke the feoffe if he be t [...] at any time in any maner of place within [...] [Page 72]realme of England. As if a man be bound in [...]n obligation of .xx.ii. vpon condicion indosed vpon the obligacion that if he pay to hym to whom the obligacion is made at suche a day. [...] it. that then the obligacion of .xx.li. shall lese hys force and shal be holdē for nought in this case it behoueth hym that made the obligaciō to seke hym to whom the obligacion is made, [...]f he be within Englande, and at the daye sett [...]o tendre to hym the sayd x.ii. &c. And other­wyse he forfaiteth the sum of .xx.li. comprysed within the obligacion, and so it semeth in the other case &c. And though that some haue sayd [...]hat the condicion is dependant vpon the lād [...]t this is not proued that the fesaunce of the condicion to be parfourmed ought to be mad [...]pon the land. &c. No more then yf the condy­ [...]on wer that the feoffour should do at such a [...]ny. &c. an especial corporal seruice to the feste [...]t naming the place wher the corporall ser­ [...]ices should be done. In this case the feoffor ought to do such corporal seruice at the daye [...] to the feoffe ī whatsoeuer place in England that the feoffe be if he wyll haue auaun­ [...] of the condicion. &c. And so it semeth in [...] other case. And it semeth to them that it [...]albee more properly sayde that the estate of [...]e lande is dependaunt vpon the condicion. [...] whiche is asmuche to saye, that the condy­ [...]on is dependaunt vpon the sayde. &c. but en­ [...]re. &c.

¶But yf a feoffement in fee be made reser­uyng [Page]to the feoffor an annuel rent, and for d [...] faut of payment a reentre. &c. in this case it [...] deth not to the tenant to tender the re [...] wh [...] it is behynde, but onely vpon the lande, [...] this that this is a rent goyng out of the lan [...] for this is rent secke. For yf the feoffour b [...] once seased of this rent, and after he comme [...] vpon the lande. &c. and the rent is denyed h [...] &c. he maye haue assyse of nouel disseisin, [...] though he may enter because of the condicyo [...] broken yet he may chose, that is to say, to [...] ter or to haue an assyse. And so is there d [...] sitie as to the tender of the rent that is go [...] out of the land and of tender of another [...] in grosse which is not goyng out of any [...] And therefore it shalbe sure and a good th [...] for them that wyll make suche feoffeme [...]e [...] mortgage, to put and set a specyal place w [...] the money shalbe payde. And the more sp [...] all that it is put the better it is for the feo [...] As yf A. enfeoffe .B. to haue to hym [...] to hys heyres vpon suche condicion, that yf paye to B. in the feast of saynct Mychaell [...] archangell next comīg in the cathedral ch [...] of s. Paul of Londō within .4. houres [...] before the houre of none of thesame feast at [...] rode loft of the north doore within the sa [...] church or any other certain place within [...] same church that than it shalbe lawfull to [...] foresayd. A. and to hys heyres to enter. &c. I suche case it nedeth not to seke the feoffe [...] any other place but in the place compr [...] [Page 73]in the indenture nor to be there more longer tyme than the tyme specifyed in thesame indē ­ture, for to tender or paye the money to the feoffee.

¶Also in such case where the place of paye­ment is limit, the feoffee is not bounde to re­ceyue the payment in none other place, but in the place so limytted. But yet if he receyue the payment in any other place, thys is good ynough and as strong for the feoffour, as yf the resceyt had be in the place so limytted &c.

¶Also in thys case of feoffemēt in mortgage, if the feoffour pay the feffee an horse or a cup of syluer, or a ryng of gold, or any other suche thyng in full satisfaccion of the money, and the other thys receyueth, thys is good ynough & as strong as if he had receyued the summe of money, though the horse, or any of the other thynges be not the twenty parte woorth in value of the summe of money, for thys that the other hath accepted it in playn and full sa­tisfaccion.

Also yf a manne enfeoffe another in fee vpon condicion that he and hys heyres shall yelde to a straunger and hys heyres a yerelye rent of .xx. s. and yf he and hys heyres fayle of pay­ment of thys, that then it shalbe [...]efull to the feaffour and to hys heyres to entre, thys is a good condicion. And yet in thys case, though such a yerely rent be called an annuell rent, thys is not properly a rēt, for if it shalbe rent, it might to be rent seruice, rent charge, or rent[Page]secke, & yet it is none of them, for yf the stran­ger wer seysed of thys & after it wer to hym denyed, he shall neuer haue assyse of thys, for thys that it issueth not out of any landes, and so the straunger hath no remedy if any suche perelye payment be had behynd in thys case, but that the feoffour and hys heyres may en­tre &c. and yet yf the feoffour and hys heyres entre for defaute of payment, then such re [...] is gone foreuer. And so such rent is but a payment set to the tenant and to hys heyres, that if they will not pay thys after the fourme of the indenture that they shall lease theyr [...] by the entre of the feoffour or hys heyres [...] defaute of payment. And in thys case it see­meth that the feoffee and hys heyres ought [...] to seeke the straunger and hys heyres if they bee in England, because that no place is li­mitted where the payment shalbe made, and because that suche rent is not goyng out of any land &c.

¶And here note well .ii. thynges. One is th [...] no rēt that is properly sayd rent may be res [...] ued vpō any feffement, gyft or lease, but one [...] to the feffor or to the lessor or to theyr heires, & in no maner may be reserued to any strang [...] parsone. But if .ii. ioyntenantes make a lea [...] by dede indented reseruing to the one a cer­tayn yerely rent, that is good ynough to hym to whom the rent is reserued for thys that [...] is priue to the lease and not a stranger to th [...] &c. The second thing is, that no entre or reentre[Page 74]which is all one, may be reserued nor ge­uen to any parsone, but onely to the feoffour or to the donour or to the lessour, or to theyr heyres, and such entre may not be aliened nor granted to any parson. For if a mā let landes to another for terme of lyfe by indenture, yel­ding to the lessour and to his heyres a certain rent, & for defaut of paymēt a reentre &c. if af­ter the lessour by a dede grasit the reuercion of the land to another in fee, and the tenant for terme of life attorneth &c. if the rent after be behynd, the graūt of the reuerciō may distrain for the rent, for thys that the rent is incident to the reuercion, but he may not entre into the land and putte out the tenaunt as the lessour myghte or hys heyres yf the reuercion hadde been continued in them et cetera. And in thys case the entre is taken awaye at all ty­mes, for the graunte of the reuercyon maye not enter, Causa qua supra. And the lessoure for hys heyres may not enter, for if the les­sour may entre. then he ought to be in his first estate &c. and that may not bee, for thys that he hath from hym the reuercion &c.

¶Also if there be lord and tenaunt, and the tenant make such a lease for terme of lyfe, yel [...]yng to the lessour and to hys heyre such yere­ [...]y rent, and for defaut of payment a reen [...]re &c. [...] the lessour dye without heyre, duryng the state of the tenaunt for tearme of lyfe, by whiche the reuercyon commeth to the lorde [...]y waye of eschere, and after the rent of the[Page]tenaunt for terme of lyfe is behynd, the lord may distrayn the tenant for the rent behynd, but he may not enter into the land by force [...] the condicion &c. for thys that he is not heyre to the feoffour &c.

¶Also if land be granted to a man for ter [...] of yeres vpon a condicion, that if he pay to the grauntour within two yeres .xl. markes, that then he shal haue the land to hym and to hys heyres. &c. In thys case, if the graunte ente [...] by force of the graunt, and after he payeth to the graunt our .xl. markes within the .ii. yeres yet he hath nothyng in the land but for terme of the two yeres, for thys that no liuerey of seisin was to hym made at the begynnyng, fo [...] if he had franktenement and fee in thys ca [...] because he hath perfourmed the cōdicion. T [...] should he haue frank tenement by force of the fyrst graunt where no liuerey of seysin w [...] made therof, which should be agaynst reas [...] &c. But if the grauntour had made liuerey of seisyn to the grauntee by force of the graunt▪ then hath the grante the frank tenement a [...] the fee vpon the same condicion.

¶Also if landes be graunted to a manne [...] terme of fyue yeres, vpon condicion that he paye to the grauntour within the fyrst t [...] yere .xl. markes that than he shal haue fee [...] elles but for terme of the fyue yeres, and [...] n̄e of seysin is made to hī by force of the gri [...] Now he hath in fee simple cōdicione [...] &c. An [...] if in thys case the graunt pay not to the gra [...] tour[Page 75]the .lx. markes within thesame two fyrst yeres thā immediatly after thesame two yeres the fee and the franktenement is and shalbe adiudged to the grauntour, for thys that the grauntour may not after the two yeres incontinent enter vppon the graunt, for thys that the graunte hath yet tytle by three yeres to haue and to occupy the land by force of the­same graunt. And so for thys, that the condici­on of parte of the graunte is broken and the grauntour may not enter, the lawe shal putte the fee in franke tenement in the grauntour. For yf the grauntour in thys case made wast then after the breakyng of the condicion &c. and after the two yeres the grauntoure shall haue hys wrytte of wast, and thys is a good proofe that the reuercion is to hym &c. But in such case of feoffmentes vpon condiciō where the feoffour may enter lawfully for the condi­cion broken &c. There the feoffour hath the franktenement before the entre. &c.

¶Also if a feoffment be made vpon such con­dicion that the feoffee shall geue the lande to the feoffour, and to the wyfe of the feoffour, to haue and to hold to them and to the heires of theyr two bodies engendred, and for de­ [...]te of suche issue, to remayne to the ryghte heyres of the feoffour. In this case if the hus­band dye, liuyng the wyfe before estate in the [...]yle made to hym, than ought the feoffee by the lawe to make estate to the wyfe, as lyke to the condicion, and as lyke to the entent of[Page]of the condicion as he may make it, that is to say, to lette the land to the wyfe for terme of lyfe without impechement of waste, there maynder after her decease to the heyres engē ­dred of the body of her husband and hers, and for defaut of such issue, the remaynder to the ryght heyres of the husband.

¶And the cause why the lease shalbe made in thys case to the woman sole without em­pechement of wast is for thys that the condi­cion is, that the state shalbe made to the hus­band & hys wife in the tayle. And if such es­tate had be made in the life of the husbād th [...] after the death of her husband, she had estate in the tayle sole which estate is without im­pechement of wast, and so it is reason that yf after a man may make estate to the intent of the condiciō &c. that he shal make it &c. though that she cannot haue estate in the tayle, as [...]he myght haue had, yf the gyft in the tayle had be made to the husband, and to her, in the [...] of her husband &c.

¶Also in thys case if the husband & the wy [...] haue issue, and dye before the gyft in the tayle made vnto hym &c. than ought the feoffee t [...] make estate to the yssue and to the heyres of the father, and mother engēdred, & for defa [...] of such issue &c. the remayndre to the ryght heyres of the husband &c. And thesame law [...] in other cases semblable. And if suche a feoffour will not make such estate whan he is re [...] sonably required by them that ought to ha [...] [Page 76]estate by force of the condicion &c. Then may the feoffour and hys heyres enter &c.

¶Also if a feoffement be made vpon condici­on that the feoffee shall enfeoffe manye men, to haue and to holde, to them and to theyr heyres foreuer, and all they that ought to haue estate, dye before any estate made vnto them, then ought the feoffee to make the es­tate to the heyres of hym that suruyue of thē to haue and to hold to hym, and the heyres of hym that suruyued &c.

¶Also if a feoffement be made vpon condici­on to enfeoffe another, or to geue in the tayle to another &c. if the feoffee before the perfour­ming of the condicion enfeoffe a straunge par­son, or make a lease for tearme of lyfe, then may the feoffour or hys heyres entre &c. for thys, that he hath dysabled hymselfe to par­fourme the condicion, in so much that he made estate to another & cetera. In such maner it is, yf the feoffee before the condicion parfour­med, set thesame land to a straunger for term of yeres. In this case the feoffour or hys hey­res may entre & cetera. for thys that the feoffe hath dysabled hymselfe to make estate of the tenementes according to that, that was in the tenemētes when estate therof was made vnto him, for if he wil make estate according to the condiciō &c. thē may the feoffe for terme of yeres, ētre & put out him to whō the estate is made &c. & to occupy this duryng his term. And many haue sayd, that if such a feoffement[Page]be made to a man sole vpon thesame condici­on, and before that he hath perfourmed the cō dicion he taketh a wyfe, then the feoffour or hys heyre may incontinent enter, for thys that if he hath made estate according to the condi­cion, and after dyed, his wyfe shalbe endow­ed and may recouer her dower, by a writte of dower &c. And so by takyng of a wyfe, the te­nementes be put in another plyte then they wer at the tyme of the feoffment vpon condi­cion, for thys that no such woman was dow­able nor should be endowed by the lawe &c. In thesame maner it is, if the feoffour charge the land by his dede of rent charge before the parfourming of the condicion, or be bound in a statute staple, or statute marchaunt, that i [...] such cases the feoffour and his heyres may en­tre. Causa qua supra. For whosoeuer cometh to the tenementes by the feoffment of the fe [...] ­fee, then the tenementes must be lyable and be put in execucion by force of the statute a­foresayd. But when the feoffour or his heyres for the cases aforesaid, haue entred so as the [...] ought as it semeth &c. Then all such thynge [...] that before such entre may trouble or encom­bre the tenementes so geuen vpon condicion, as touchyng thesame tenementes be vtter [...] defeted &c.

¶Also if a man make a dede of feoffement to another, and in the dede is no condicion &c. And when the feoffour will make to hym [...]o­uere of seisin by force of thesame dede, he [...] [Page 77] [...]eth liuere of seisyn vpon certayn condicions &c. In this case nothyng of the tenementes passeth by the dede, for thys that the condiciō is not comprysed in the dede, and the feoffe­ment is of such force, as if no suche dede had be made therof &c.

¶Also if a feoffement be made vpon such condicion, that the feoffee shal alien the land to a man, thys condicion is voyde, for thys, that whan a man is infeoffed in landes or tene­mentes, he hath power to alien them to some person by the law. For if such condiciō shold [...]e good, than the condicion putteth hym out [...]f all the power that the lawe geueth, which [...]hould be agaynst reason, and for thys, suche condicion is voyde. But if the condicion bee such that the feoffee shal not alyen to one such [...]ming hys name, or to any of hys heyres or [...]ys yssues &c. or such other lyke, the which cō ­ [...]icions taketh not away all the power of a­ [...]ienacion of the feoffee &c. than such condiciō [...] good.

¶Also if tenemētes be geuen in the tayle, vpō [...]uch condicion that the tenaunt in the tayle, [...]or his heyres &c. shall not alyen in fee, nor in [...]e, nor for term of others lyfe, but for their [...] lyues. &c. suche alyenacion and condi­ [...]on is good. And the cause is for thys that [...]hen he maketh such alienacion and discon­ [...]nuance, he doeth contrary to the entent for [...]hiche the statute of westminster the seconde [...]as made, by whiche estatute, the estates in[Page]the tayle be ordayned for it is prooued by th [...] wordes comprysed in thesame estatute, that the entēt of the making thesame estatute w [...] y^t the wil of the donour in such cases should be obserued. And whē tenant in the tayle, [...] keth such discontinuance, he doth the contra­ry to that &c. And also in estates in the tayle of any tenem̄tꝭ whan the reuerciō of the f [...] sīple is in another ꝑson whā such discontinuance is made, then the fee simple in the ren [...]ncion, or the fee symple in the remayndre is di [...] continued, and for to put out that the tenan [...] in the taile shal do no such thing against right such condiciō is good, as it is aforesayd &c.

¶Also a man may geue land in the tayle vppon such condicion, that if the tenaunt in the tayle or hys heyres alien in fee, or in tayle, [...] for terme of an others lyfe &c. And also that if al the issues comming of the tenaunt in th [...] tayle, be dead without issue, that then it shal [...] leful to the donour, & to his heyres, to ēter [...] And by such way the right of y^e tayle may b [...] saued aft such discōtinuance to the issue in th [...] tayle if ther be any, so y^t by way of entre of donour or of his heires the tayle shall not [...] defeted by such condic̄, & yet if the tenant in tayle in thys case, or his heires make any di [...] continuance &c. he in the reuerciō or his he [...] res after this y^t the tayle is determined for d [...] faute of yssue &c may enter into the lande [...] force of the same condicion, and shall not [...] drieuen to sue a wrytte of Formedon in th [...] re [...] cion.

[Page 78]¶Also yf a man may not plede in any accion that estate was made in fee, in the tayle, or for terme of life vpon condicion, but if he vouch & record therof, or shew a writing vnder seale prouing thesame condiciō. for it is a common [...]endicion & learning, y^t a man by pleding shal not defete any estate of franktenemēt by force of any such condiciō, but if he shew the profe of such condiciō in wrytyng &c. except it be in some especial cause, but of chatels reals as of a lease made for terme of yeres, or of grantes of wordes made by wardens in chiualry, & of such other. &c. A man may plede that such gyf­tes or grantes wer made vpon condicion &c. without shewing of any wryting of condici­on and in thesame maner a man may dooe of gyftes and grantes of chatels parsonels and of contractes parsonels &c.

¶Also though that a manne in some ac­cyon maye not plede an accion that toucheth and concerneth franke tenement wythoute shewynge of wrytinge therof, as it is afore­sayde, yet a manne maye bee holpen vpon suche condycyon by the verdyte of twelue [...]enne taken at large in Assyse of nouell dys­s [...]ysyn, or in some other accion where the iu­stices wyll take the verdite of the twelue [...]urrours at large. As put the case that a man seysed of certayn lande in fee, letteth thesame [...] for term of life, without dede vpon cōdiciō to yeld to the lessour a certayne rent, and for[Page]defaute of payement a reentre. &c. by force of which, the lessour is seysed as of franktenemēt and after the rent is behynd, by which the les­sour entreth into the lande, and after the lesse arrayneth an assyse of Nouel disseisyn of the land agaynst the lessour the whiche pleadeth that he doth no wrong, ne no disseisyn, and v­pon thys the assyse is taken.

¶In thys case the recognitours of the assys [...] may say and yeld to the iustices theyr verdit at large vpon all the matter, as to saye that the defendaunt was seysed, and so seysed, let the­same land to the playntif for terme of his life, to yeld to the lessour such an annuel rent pay­able at such a feast and vpon such condicion y^t if the rent be behynd at any suche feast that i [...] ought to be payde, that then it shalbe leful to the lessour to entre &c. by force of which lease the playntif was seysed in hys demesne, as of franktenement, and after the rente was be­hynd at such a fest in such a yere &c. for which the lessour entred into the land vpon the pos­session of the lease, and payeth the distression of the iustices if thys be a disseysin done to the playntif or not. And than for thys, that it ap­peareth to the iustices, that thys was no d [...]s­seisyn doone vnto the playntif. In so muche that the entree of the lessour was lawful vp [...] hym, the iustices ought to geue iudgement, [...] the playntif shall take nothyng by hys writte [...] of assyse. And so in such case the lessour shall [...] holpen, and yet no wryting was neuer made[Page 79]of the condicion, for as well as the iurrours maye haue knoweledge of the condicion that was declared and reherased vpon the lessee. In thesame maner is of feoffement in fee, or in gyfte in the tayle vpon condicion, though neuer wryting wer made therof &c. And as it is sayd of a verdite at large in assise &c.

¶In thys same maner it is of a writte of entre founded vpon disseisyn, and in all other accions where the iustices will take a verdite at large there where the verdite at large ma­keth the nature of the matter put in the issue.

¶Also in suche where the enquest may saye theyr verdite at large, if they will take vpon them the knoweledge of the lawe vpon the matter, they may say theyr verdit general as it is put in theyr charge, as in the case afore­sayd they may well say that the lessour dyssei­sed not the lessee if they wyll &c.

¶Also in thesame case, yf the case wer suche, that after thys that the lessour had entred for defaute of payment &c. that the lessee had en­tred vpon the lessour, and hym disseised. In hys case if the lessour arrayneth an assyse a­gaynst the lessee, the lessee may barre hym of [...]ys assyse, for he maye plede agaynste hym in [...]arre, how the lessour that is playmyfe made [...]t lease to the defendant for terme of lyfe, sa­ [...]ng the reuercion of the playntif, the which is a good plee in barre, inso much y^t he know [...]e [...]th the reuercion to be to the playntife, & in thys case hath no matter to helpe hym, but[Page]the condicion made vpō the lease and that he may not pledge, for that he hath no wrytyng, and in so muche that he may not aunswere to the bar, he shalbe barred. And so in thys case ye may see that a man is seised & he shal haue no assyse. And yet if the lessee be playntif, & the lessour defendant, he shal barre the lesse by verdit of the assyse. But in thys case where the lessee is defendant, if he will not pleade the sayd plee in barre, but pleade no wrong nor dysseisyn that the lessour shall recouer by assyse &c. Causa qua supra.

¶Also because such condicions be most commonly put & specified in dedes endented, some litle thing shalbe sayd here to the my sonne of indentures & of a dede poll cōteining condicions. And it is to wete y^t if the indēture be by pertite or tripattie or quatriperte, al the par­ties and the indenture be but one dede in the law, & euery partie of the indēture is of him­self of as great force & effect, as al the parties together. And the making of indētures is [...] two maners. One is to make thē in the th [...] parson, another maner is to make thē in the fyrst parson. The making in the third ꝑson, [...] as in such fourme. Thys indēture made betwene A. of .B. of the one part, & E. of .D. o [...] the other part. witnesseth that the foresayd A of .B. hath geuen & graūted & by this pres [...] dede indented, hath confyrmed to the foresayd C. of D. such lād to haue &c. vpon the condic [...] &c. In witnes whereof, the ꝑties before sayd[Page 80]interchāgeably haue put to their seales, or els thus. In witnes whereof, to one ꝑte of thys indēture remayning w^t the sayde C. of D. the foresayd A. of B. hath put to his seale, & to y^e other ꝑt of the sayd indēture remainīg with the sayd A. of .B. the said C, of D. hath put to his seale geuē &c. Such indētures is called indenture made in y^e third ꝑson for this that the ver [...]es be in the third ꝑson & such forme the in­denture is the more sure making, for this y^t it [...]s more cōmonly vsed, the makyng of inden­tures in the fyrst parson is in such forme.

¶To al true christen people to whom thys present writing indēted shal come A. of B. gre [...]ing in our lord euerlasting, knowe ye me to [...]aue geuē & graūted, & by this my presēt dede [...]ndented, to haue confyrmed to C. of D. suche and &c. Or els thus, know al mē that be pre­ [...]ent, & thē that be to cōe that I A. of B. haue [...]en & granted & by thys my present dede ē ­ [...]cted haue cōfyrmed to C. of D. such land &c. [...] haue &c. vpon the condicion folowing. In [...]tues wherof, aswel I the sayd A. of B. as [...]e foresayd C. of D. to these indentures in­ [...]rchangeably haue put to our seases, or els [...]as. In witnes wherof to one part of thys [...]denture I haue put to my seale, and to the [...]ther part of thesame indenture the foresayde [...]. of D. hath put to hys seale. &c.

¶And it semeth that such an indenture made [...] the fyrst parsone, is as good in the law as [...] indenture made in the thyrd parsone,[Page]when both parties haue therto put theyr se­ales, for in the indenture made in the thyrde parsone or in the fyrst parsone, if mencyon be made that the grauntour hath sette hys seale onely, and not the graunte, then is the indea­ture onely the dede of the grauntoure. But where a mencion is made that the graunte [...] hath set hys seale to the indenture &c. then i [...] the indenture as well the dede of the grau [...] tour as the dede of the grauntee, and thus [...] is the dede of both, and also euery party of indenture is the dede of both parties in [...] case. &c.

¶Also yf estate be made by indenture to [...] man for terme of hys lyfe, the remayndre to [...] other in fee vpon condicions &c. and if the [...] nant for terme of lyfe, hath set hys seale to [...] partie of the indenture, and after dieth and [...] in the remayndre &c. entreth by force of [...] remaynder. In thys case he is holden to perfourme all the condicions comprysed with [...] the indenture as the tenant for terme of [...] ought to dooe in hys lyfe and yet he in the remayndre neuer ceased any parcel of the indenture but the causes is that in so much that [...] entreth and agreeth to haue the land by [...] of the indenture he is holden to parfourm [...] condicion within the indēture if he will h [...] the lande &c.

¶Also if a feoffement be made by dede P [...] vpon condicion &c. And for thys that the co [...] dicion is not perfourmed, the feffour entre [...] [Page 81]and happeth the possession of the dede po [...]le if the lesse bryng an accion of that enter against the feoffour it hath bene questioned yf the lessour may plede the condicion. &c. by the deed poll agaynst the feoffe and some haue sayde, nay, in so muche that it semeth vnto thē that a deed pol, and the property of the same dede appertayneth to hym to whom the dede is made and not to him that made the dede. And in so much that suche a dede appertaineth not to the feoffour it semeth to them that he maye not plede thys dede. &c. And other haue sayde the contrary and haue shewed diuers causes. One is yf the case be such that in the acciō be­twene them yf the feoffe plede the same dede, and shewe this to the court. In this case in so much that the dede is in the court the feoffor may shew to the court how in the dede by di­uers condicions to be parfourmed of the par­tye of the feoffe, and for this that thei be not parfourmed he entred. &c. and therto he shalbe receiued by the same reason whan the feoffor hath the dede in hand and sheweth it to the court he shalbe wel receiued to plede of this. &c. And namely whan the feoffor is preuy to the dede, for he ought to be preuy to the dede, whan he made the dede.

¶Also yf twoo menne make or dooe a Trespasse to another, the whiche releaseth to one of them by hys dede, all accions Parso­nels. &c. Notwithstandyng he su [...]th an accion of Trespas agaynst the other, the defendaunt[Page]may well shewe that the Trespas was done by hym and another his felow, and that the plaintif by the dede that he sheweth for the release to his felowe, all accions parsonels and yet such dede apperteyneth to his felowe and not vnto hym, but for this that he maye haue aduauntage by the dede, if he may shewe the dede to the court he may well plede therfore by thesame reason in the other case whā the feoffour ought to haue aduauntage by the condicion comprised with the deed pol.

¶Also yf the feoffe gaue or graunted the deed pol to the feoffor, suche graunt shall bee good, and than the dede, and the propertye of the dede, appertayneth to the feoffour. And whan the feoffour hath the dede in hand, and pledeth it to the court, it shall bee the more vnderstand that he came to the dede by a law full meane than by a torcions meane and so it semeth that they maye well plede such a deed poll, that comprehendeth condicion. &c. yf he haue the dede in hande &c. Ideo semper que­re dubijs, quia per raciones peruenitur ad le­gittimam rationem.

¶Estates that menne haue vpon condicion in the law be suche estates that haue a condi­cion in the law annexed to them, though it be not specified in writing, so as a man graunte by hys dede in another the offyce of a parke­shyppe of a parke to haue and to occupye the same offyce for terme of his lyfe, the estate that he hath in the offyce, is vpon condicion[Page 82]in the lawe, that is to saye, that the parker, well and truelye shall kepe the parke, and do thys that to hys offyce appertayneth to dooe, or otherwyse that it shall bee lawfull to the grauntour and to hys heyres to put hym out, and to graunt that to another yf he wyll. &c. And suche condicion as is vnderstande by the lawe to bee annexed to some thing is as strōg as yf the condicion wer set or put in writing. In thesame maner it is of grauntes of offices of stewardes, constables, bedles, bailyfes, and other officers, but yf suche office bee graunted to a man to haue and to occupy by hym or by his deputie, than if the office be occupyed by hym or by his deputye as it ought by the law to be occupyed, this suffiseth for hym, or els the grauntour or his heires may put hym out as it is aforesayde.

¶Also estates of landes or tenementes may be vpon condicion in the lawe, though y^t vpon the estate made, there was no rehersall made of the condicions, as put the case that a lese be made to the husbād & his wife, to haue & to hold to thē during the couerture betwen thē in this case thei haue estate for terme of their two liues vpon condic̄ in the law, y^t is to say yf one of them dye, or if diuorce bee made betwene thē. y^e than it shalbe lawful to the leasor & his heires to ēter. &c. & that they haue e­state for tm̄ of their .ii. liues it is proued this. Euery man that hath estate or franktenem̄t in [...]y lādes or tenemētes, eyther he hath estate [Page]in fee, or in fee tayle, or for terme of lyfe or for terme of anothers lyfe, and by such lease, they haue franktenement. But thei haue not by that graunt fe nor tayle, nor for terme of a­nothers lyfe. Ergo they haue estate for terme of theyr two lyues, but this is vpon condiciō in the lawe in forme aforesaide. And in thys case yf they make wast the lessour shall haue agaynst them a writ of wast, supposing by his wryt. Quod tenent ad terminum vite. &c. but in his ple, he shall declare howe and in what maner the lease was made, in thesame maner it is yf an abbot make a lease to a mā to haue and to holde duryng the tyme that the leassor is abbot. In thys case the lesse hath estate for terme of hys owne lyfe, but this is vpon con­dicion in law that is to say that yf the abbot dye, or resygne to be deposed, it shalbe lawfull to his successours to enter. &c. Also a mā may see in the boke of assise. Anno. xxxviii. E. iii. [...] plee of assyse in this forme that ensueth assise of nouell disseisyn was sometyme brought a­gainst one. A. that pleded to the assyse & was found by verdyt that the ancester of the plaintyf deuised the tenementes to be solde by the defendant that was his executor to make di­stribucion of the money for hys soule, & it was found that a man after the death of the testa­tour rendered hym certayn sume of money for the tenementes but not to the value and that the executour after helde the tenementes [...] his owne hande by two yere to the intent to[Page 83]haue solde the tenementes more derer to sum other and it was founde that he had all thys whyle after taken the profytes of the tene­mentes to his owne vse, without any thyng doyng for the soule of the dead. Mombray the executour in such case is holden by the lawe to make the sale as soone as he may after the death of the testatour and it is founde that he refused to make the sale and so the defaut was in him, and also by force of the deuyse he was holden to haue put all the profytes of the sayd tenementes to the deathes vse, and it is found that he hath taken them to his owne vse, and so another defaut is in hym wherfore it was aiudged that the playntyf should recouer. &c. And so it appereth by the said iudgement that by force of the sayd deuyse the executour had none estate nor power in the tenementes but vpon condicion in the law. &c. And in such ca­ses it nedeth not to haue shewed any dede rehersyng the condicions. &c. Ex paucis dictis intendere plurima possis. More shalbe sayde of condicions in the chapiter of discentes that taketh awaye enter and in the chapiter of re­lesses and in the chapiter of discontinuaunce.

¶ Dyscentes. Cap. vi.

DIscentes that take away entres be in two maners that is to say where the dyscent is i [...] fee or in fee tayle. Discent in fee that taketh away enter is if a man seased of certain lādes [...] tenementes is disseased and the disseysour[Page]hath yssue and dyeth of suche estate. But now the tenementes dyscend to the yssue of the dis­seasour by course of the lawe as heyre vnto hym.

¶And for this that the lawe putteth the landes or tenementes vpon the issue of the dis­seasour that by force of the discent, so the issue commeth to the tenementes by course of the law and not by his owne dede the enter of y^e disseysi is taken away and is therof put to his wryt of enter vpon disseysyn against the heyreof the disseasour to recouer the lande.

¶Dyscent in the tayle that taketh awaye enter is yf a man be disseased and the disseasor geueth the same lande to another in the tayle, and the tenaunt in the tayle hath issue and dyeth seased of such estate and the issue e [...]et [...] in this case the enter of the dysseisi, is takē [...] way, and he is put to sue, agaynste the y [...] of the tenaunt in the tayl a wrytte of enter v­pon disseisin. &c.

¶And note well that in such dyscētꝭ that take away enters it behoueth that a mā dye seased in his demesne, as in fee tayle for dy­ing seased for terme of lyfe or for terme of anothers lyfe shall neuer take awaye the en­ter. &c.

¶Also a dyscent of reuercion or of remayn­der shal neuer take away enter. &c. so that such cases that take away entrees by force of d [...] ­centes it behoueth that he y^e dieth seased haue [...]o & franktenem̄t at the tyme of hys dying [...] [Page 84]eis such dyscent taketh not away enter.

¶Also as it is sayd of discentes that discend to the issue of hym that dyeth seased. &c. the­same law is wher thei haue none issue, but y^e [...]enementes dyscende to the brother or to the sister or to the vncle, or to some other co [...]in of his that dyeth seased. &c.

¶Also if there be lord and tenant and the te­nant be disseased, and the disseasour alieneth to another in fe & the alien dyeth without heire, & the lord entreth as in his esche [...]e. In thys case the disseysi maye enter vpon the lorde for this that the lord commeth not to the land by dyscent but by eschete.

¶Also if a man seased of certayn lande in fee or in fe taile vpon condicion to yeld certayne rent or vpō other condic̄ though that such te­nant seased in fe or in fe taile die seased, yet yf the condic̄ be brokē in their life or after theyr de [...]se. &c. this taketh not awai the enter of the feoffor, nor of the donor or of theyr heyres for this that the tenancy is charged with the con­d [...]cion & the estate of the tenancy is condicio­ [...]ei in whose handes so euer the tenācye shall come. &c.

¶Also & if such a ten̄t vpon condic̄ be disseased & the disseasor die therof seased, & the lād des­cēdeth to the heir of the disseasor, now the ent of the tenant vpō condic̄ that was disseased, is takē away but if the condic̄ be brokē. &c. thā may the feoffor or the donor that made the e­ [...]e or their heires entre. &c. causa qua supra.

[Page]¶Also yf a dysseysour dye seased, & his heires enter. &c. the which endoweth the wyfe of the dysseasour of the thyrde part of the tenemēts in this case as to the thyrde part that is a [...] ­ned to the wyfe in dower incontinent anone after that the wyfe entreth and hath the pos­session of thesame thyrde part the disseisy may lawfully enter vpon the possession of the wife in thesame thyrde part. And the cause is for this that whan the wyfe hath her dower, sh [...] shall bee adiudged rather immediately by her husband and not by the heyre, and so as to the franktenement of thesame thyrd part, the dis­cent is defeted, and so ye may see howe before the dowement the disseisi myght not enter i [...] any part. &c. and after the dowement he may enter vpon the wyfe, and yet he may not enter vpon the other two partyes y^e the heyre of the dysseasour hath by discent. &c.

¶Also yf a woman be seased of lande i [...] fee, wherof I haue [...]yght and tytle to enter, [...] the woman take an husband and haue issue be­twene them, and after the wife dyeth seased, and after that the husband dyeth, and the is [...] entreth. &c. In this case I may enter vpō the possession of the issue for this that the issue co­meth not to the tenementes immedyatlye by dyscent after the death of his mother.

¶Also yf a dysseysour enfeoffe hys fathe [...] and the father entreth and dieth of such esta [...] seased, by whiche the tenementes descende to the dysseasour, as to the sonne and heyre. &c.[Page 85]In this case the disseisi may well enter vpon the dysseasour, notwithstandyng the discent, for this that as to the dysseasyn the dysseasour shall be adiudged in but as the disseasour, notwithstandyng the dyscent.

¶Also yf a man seased of certayn landes in his demeane as of fee, and hath issue .ii. sōnes and dyeth, and the yonger sonne entreth by a­batement in the land the which hath issue, and of this dyeth seased and the tenementes dys­cende to the issue, and the issue entreth into the land, in this case, the elder sonne or his heires may enter by the lawe vpon the yssue of the yonger sonne, notwithstandyng the dyscente, for thys that whan the yonger sonne abated in the lande after the death of hys father be­fore any enter of the elder, the law intēdeth that he entred in the clemyng as heyre vnto hys father, and for thys that the elder brother naymeth by thesame tytle, that is to saye, as heyre vnto hys father, he and his heyres, may enter vpon the issue of the yonger brother notwythstandyng the dyscent. &c. for thys y^t they s [...]ayme by one selfe tytle and in thesame ma­ [...]er it shall bee yf there bee manye dyscentes from one issue of the yonger sonne. &c. But in suche case yf the father were seased of cer­tayne landes in fee, and hath yssue .ii sonnes and dyeth, and the elder sonne entreth and is seased et cetera. And after the younger bro­ther dysseaseth hym, by whyche dysseysyn he inseas [...] of fee, and hath yssue and of suche [Page]estate dyeth seased, thā the elder brother may not enter, but is put to hys wryt of enter vpō disseasin for to recouer the lād. And the cause is for this, that the younger brother commeth to the tenementes by a wronge disseisin made vnto his elder brother. And for that wronge, the law may not entend that he claim as heir to his father no more than a straunge parson that had disseased the elder brother that ne­uer had any title. &c. And so may ye se the diuersitie where the yonger brother entreth after the death of his father, before any entry made by the elder brother in such case. &c. And wher the elder brother entreth after the death of his father, and is disseased by the yonger bro­ther. &c. In thesame maner yf a man seased of certain land in fe hath issue two doughters, & dyeth and the elder doughter ētreth in the lād claymyng all the lande to her and therof only taketh the profites and hath issue and dyeth seased by which her issue entreth whiche yssue hath issue and dyeth seased and the seconde ys­sue entreth. &c. Et sic vltra, yet the younger doughter and her issue as to the halfe maye enter vpon euery yssue of the elder doughter, notwithstandyng suche dyscent for this that they clayme by one selfe tytle. &c. But in such case yf both two sisters come into the lande to enter after the death of theyr father, and thereof were seased and after the elder sy­ster therof dysseased, the younger syster of that, that to her belongeth, and thereof is[Page 86]seased in fee, and hath issue, and of suche e­state dyeth seased, by whiche the tenementes dyscende to the yssue of the elder syster than the yonger syster or her heyres maye not ēter. &c. causa qua supra.

¶Also yf a manne sealed of certaine lande hath issue two sonnes, and the elder brother is bastarde, and the younger brother mulier, & the father dyeth and the bastard entreth and claymeth as heyre vnto hys father, and occu­pyeth the land all hys lyfe without any en­tre made vpon hym by the mulier and the ba­starde hath yssue and dyeth of suche estate seased in fee. and the lande descendeth to his issue and hys issue entreth. &c, in this case the muli­er is without remedy for he may not ent nor he shall haue no accion for to recouer the lād for this that it is an auncyent law in such case vsed, but it hath bene an oppinion of some mē that shall bee vnderstande where the father hath a sonne a bastard by a woman and after he weddeth the same woman and after the spousayle he hath yssue by the same woman a sonne or a daughter mulier, and the fa­ther dyeth et cetera. If suche a bastarde enter et cetera. And hath issue, and dyeth seased. &c Than shall the yssue of suche a bastarde haue the lande clerely to hym as it is aforesayde. &c And not anye other bastarde borne of the mo­ther that was not espoused to his father, and this is a good and reasonable oppynyon, in suche a bastarde borne beefore the[Page]espousels solempnysed betwene hys father & hys mother, by the lawe of holy church is mulyer, though that by the lawe of the lande, he is a bastarde borne, and so he hath colour of enter as heyre to his father, for thys that he is by one law mulier, that is to say, by the lawe of holy churche. But otherwyse it is of a ba­starde that hath no maner of colour to enter as heyre, in so muche that he maye not in [...] lawe be sayd mulyer. &c. for suche a bastarde is sayde. Quasi nullius filius. But in suche case aforesayde where the bastard entreth after the death of his father, and the mulier putteth hi [...] out, and after the bastarde dysse aseth the muli­er, and hath issue, and dieth seased, and the issue entreth, then the mulier may haue a wrytte of entre vpon dysseisin against the yssue of the bastarde, and recouer the lande. &c. And so maye ye see the diuersitie where suche a bastarde cō ­tynueth hys possession all hys lyfe without a­ny interrupcion, and where the mulier ētreth and interrupteth the possession of suche a ba­starde.

¶Also yf a chylde within age haue tytle [...] cause to enter into any landes or tenem̄tꝭ vpō another y^t is seased in fe or in fe tail of y^e same lādes & tenem̄tꝭ, if such a mā y^t is so seased dy [...] of such estate, so seased & the tenem̄tꝭ discend to his issue during the time y^t the child is with in age, such discent shal not tol the entre of y^e chyld but he may enter vpon the issue y^t is in by discent. &c. for this that no laches shall bee [Page 87]adiudged in a chylde wythin age in suche [...]e. &c.

¶Also yf the husbande and hys wyfe, as [...] ryght of the wyfe haue tytle and ryght to enter in the tenementes that another hath in [...]e or in fee tayle, and such a tenaunt dieth se­ [...]sed. &c. In such case the enter of the husband [...]s taken away vpon the heyre that is by discēt [...]ut yf the husbande dye, then the wyfe maye [...]ell enter vpon the issue by dyscent, for thys [...]hat the laches of the housebande shall not [...]rne to the wyfe and to her heyre in preiudic̄ [...] in damage, in such case but that the wyfe and her heyres may well enter, where suche [...]yscent is during the conuerture. &c.

¶Also yf a man that is not of whole mynd [...]hat is to say in latin. Qui non est compos mē [...]is, hath cause to enter in any such tenemētes [...] such discent vts̄ ▪ be had in hys lyfe durīg the [...] y^t he was out of his mynde, and after die [...]is heyres may wel enter vpon hym that is [...] by discent. And in this maye ye see a case y^t [...]he heyre may enter, and yet hys ancester that [...] thesame tytle may not enter, for he y^t was [...]t of his mynde at the tyme of suche discent the wyl enter after such a dyscent, yf accion [...]pō this be sued agaīst hī, he hath nothyng for [...] to plede or to help hī, but say y^t he was out [...] [...]nd at the time of such discēt. &c. And he [...] not be receiued to say this, for this that us [...] of ful age shalbe receued in any ple by the [...] to disalt or dissable his own ꝑson. But the [Page]heyre may wel dissable the parson of his an [...] cester for aduantage of the heyre in such case for this that no laches may be aiudged by the law in him that hath no discreciō in such cas [...] And if such a man out of his minde make a [...] offement. &c. he may not enter ne haue ne haue a wry [...] called. Dum non fuit compos mentis. &c. [...] sa qua supra, But after hys death, his hey [...] may wel enter or haue thesame wrytt. D [...] non fuit compos mentis at his eleccion. &c.

¶Also yf I be disseased by a chyld withī a [...] alyeneth to another in fee, and the alien die [...] seased, and the tenementes dyscende to [...] heyre and the chylde beyng within age, m [...] enter is taken away. But yf the childe with in age enter vpon the heyre that is in by dys­cent as he well may, for thys that the discent was duryng hys noneage, than I may wel e [...] ter vpon the disseasy, for thys that by hys e [...] tre he hath defeted and adnulled the descen [...] And in the same maner it is where I am [...] used, and the dysseasour maketh a feoffement [...] fee vpon condicion. &c. And the feoffe dyeth [...] suche estate seased. &c. I maye not enter vpo [...] the heyre of the feoffe. But yf the condicion [...] broken so that by suche cause the feoffour entreth vpon the heyre, now may I wel enter for this that when the feoffour or hys heyre [...] entre for the condicion broken, the dyscent [...] vtterly defeted.

¶Also yf I be disseased, and the dissea [...] hath yssue and entreth into relygion, by for [...] [Page 88]of whyche the landes descendeth to his issue, [...] thys case I may well entre vpon the yssue, [...]nd yet there was a discent. But for this that [...]che dyscent commeth to the issue by the fa­ [...]ers dede, that is to saye, for thys that he en [...]red into religion. &c. and the dyscent cometh [...] hym by the dede of God, that is to saye by [...]ath. &c. myne entre is congeable, and law­ [...]ll, for yf I arrayne assyse of Nouel disseysyn [...]gaynste my dysseasour, though that he after [...]nter into religion, thys shall not abate my [...]rytte. But my wrytt, thys notwithstanding [...]hall abyde in hys force and strength, and my [...]couere agaynste hym shall bee good by the­ [...]me reason, the discent that came to his issue [...] hys owne dede may not put me fro myne [...]tre. &c.

¶Also yf I lette to a manne certain lādes [...] terme of twenty yeres, and another dyssea­ [...]th me, and putteth out the [...]erme, and dieth [...], and the tenementes discend vpon hym [...]re, I may not enter, and yet the lesse for [...]e of yeres may well enter for thys that [...]hys entre he putteth not out the heyre that [...] by dyscent fro the franktenemente that [...]nto hym dyscended. But onely to haue tene­mentes for terme of yeres, that whiche is no [...]lsing of the franktenement of the heyre y^e [...] by discent. But otherwyse it is where [...] tenant to terme of life, is disseased. &c. cau­ [...]a supra. &c.

¶Also it is sayde that yf a manne seased [Page]of tenementes in fee by occupacion in time [...] warre, and dyeth therof seased in time of [...] and the tenementes descend to hys heyr, su [...] dyscent putteth out no manne of his enter And of this a man may se a ple in a wrytt [...] [...]ye [...]. An .vii. E .ii.

¶Also no dying seased wherall the ten [...] mentes commeth to another by succession sha [...] take away the entre of any parson. &c. For [...] prelates, abbots, pryours, deanes, or parson of churches &c. though that there were [...] tie successions, this putteth no man from [...] entre. &c. More shalbe sayd of discentes to [...] chapiter of continual clayme. &c.

¶ Contynuall clayme. Cap. vii.

COntinuall clayme is, where a manne h [...] ryght, and tytle to enter in anye landes [...] tenementes wherof another is seased in fe [...] in fee tayle, yf he that hath tytle to enter [...] contynuall clayme to the landes, and ten [...] mentes before the dying seased of him, that [...] deth the tenementes. Than though sh [...] a tenaunt dye thereof seased and the la [...] and tenementes dyscende to hys heyre, [...] may he that hath made suche clayme or [...] heyres enter into the landes and tenemen [...] descended, because of the contynual cla [...] made. Notwythstandyng suche dyscent. [...] in case a man bee dysseased, and the dyss [...] maketh contynuall clayme to the tenemē [...] [Page 89]in the lyfe of the disseisour though the dissey­sour dye seysed in fee, and the land dyscendeth vnto hys heyres, yet may the disseisy entre v­pon the possession of the heyre, notwithstan­dyng such dyscente.

¶In thesame maner it is, if tenant for terme of lyfe alien in fee, he in the reuercion, or he in the remaindre may entre vpō the alien. And if such alyen seysed of such estate without con­tinual clayme made to the tenementes before [...]he dying seysed of the alyene and the tene­mentes because of the dying seysed of the a­lyen descend vnto the heyre of the alyen. Thā may not he in the reuercion, nor he in the re­mayndre entre. But if he in the reuercion, or he in the remayndre that hath cause to en­ [...]re vpon the alyen made continuall clayme to the tenementes before the dying seysed of y^e [...]yen, then such a manne may entre after the [...]ath of the alyen as well as he might in his [...]. &c.

¶Also yf landes be lette vnto a man forterm [...]f hys lyfe, the remayndre vnto another for [...]nne of lyfe, the remayndre vnto the thyrde [...]ke, yf the tenaunt for terme of lyfe alyen to [...]other in fee, and he in the remayndre for [...]e of lyfe maketh continuall clayme vnto [...]he land before the dying seysed of the alyen, [...] after the alyen dyeth seysed. &c. and after [...] in the remayndre for terme of lyfe dyeth be­ [...]e any entre made by hym.

¶In thys case he in the remayndre in fee[Page]may entre vpon the heyre of the alyene, be­cause of continuall clayme made by him that made the remayndre for terme of lyfe, for this that such ryght that he hath to enter shal goe and remayne to hym in the remayndre after hym, in so muche that he in the remayndre in fee, maye not enter vpon the alyene in fee, durynge the lyfe of hym in the remayndre for terme of lyfe, and because he myght not make continuall claym. But when he hadde tytle to enter. But it is to see to thee my child how & in what maner such continuall claym shalbe made, and to learne thys. Three thyn­ges there be to vnderstand.

¶The fyrst thing is, yf a manne haue cause to enter in any lan­des or tenementes in dyuers townes with­in one shyre yf he entre in any parcell of the landes or tenementes that be in one town [...] the name of the landes or tenementes that been in one town to whiche he hath ryght to enter within all the townes in thesame styre, by such entre he hath as good possessyon and seysyn of such landes or tenementes wherof he hath tytle to entre as yf he had entred in­to euery parcel, and thys semeth great reasō, for yf a manne willenfeffe another without dede of certayn landes or tenementes that he hath in many townes within one shyre, and he will delyuer seysyn to the feoffee of par­cell of the tenementes within one towne [...] the name of al the landes & tenementes tha [...] he hath in thesame towne, and in all the other[Page 90]townes &c. all the sayd tenementes &c. shall passe by force of the sayd liuerey of sey­sin to hym to whome suche feoffement in such maner is made. And yet he to whom such li­uerey of seysin is made, hath no ryghte to all the landes and tenementes in all the townes but because of the liuerey of seysyn made of parcel of the landes or tenemētes in one town A multo fortiori. It semeth good reason, that whan a man hath title to entre into lādes or tenementes in diuers townes within i. shyre, before any entre by him made, y^t by the entre of him made in parcel of the tenemētes in one town in the name of al the landes & tenem̄tꝭ to the whiche he hath tytle to entre within thesame shyre, thys is a seisyn of all in hym, & by such entre he hath possessiō & seisin in dede, as yf he had entred into euery parcel &c.

¶The second is to vnderstand, that if a man haue title to entre into any landes or tenemē ­tes, if he dare not entre in thesame landes or tenem̄tꝭ nor in any ꝑcel therof for dout of be­ [...]yng, or for doute of maymyng, or for doute of both, yf he goe & approch as nygh the tenem̄tꝭ as he dare, for such doute, & claym by wordes the tenementes to be hys incontinent by such claym, he hath a possessyō & seysyn in the tene­mentes as well as yf he had entred in dede thoughe he hadde neuer possessyon or seysyn of the same landes or tenementes, beefore the sayde clayme. And that the lawe is such it is well prooued by a ple of an Assyse in the[Page]booke of assyse. Anno. xxxviii. E. iii. The te­nure of which ensueth in thys fourme.

¶In the countie of Dorset before thesame Iustices it was founden by verdit of Assyse, that the pleyntif which had ryght by dyscent of heritage to haue the tenementes putte in playnt at the tyme of the death of hys aunce­stre which was dwelling in the town where the tenementes wer, and by woord claymeth the tenementes among hys neyghbours, but for doubt of death he durst not approche vnto the tenementes, but bryngeth assyse, and vp­pon the matter founde, it was awarded that he should recouer.

¶The thyrd thyng is to vnderstande within what tyme the clayme that is sayd continual clayme shal serue, and helpe hym that maketh the clayme and hys heyre. And as to this it is to wete that he that hath tytle to enter whā he will make hys clayme, and if he dare ap­proche vnto the land. Than it behoueth hym to goe vnto the land, or to parcel of it, & make hys clayme. And yf he dare not approche vnto the land for dreade of beatyng, mayming, or death, than it behoueth hym to goe. and to approche as nigh as he dare toward the land or parcel therof, and make his claime And if his aduersary that occupyeth the land, dye seysed in fee or in fee tayle within a yere and a daye after such clayme made, by whiche the tene­mentes discend vnto his sonne as heyre vn­to him, yet may he that made the clayme enter[Page 91]vpon the possession of the heyres. But in thys case after the yere & the day that such clayme was made if none other claym be made, if the father then dye seised, the morowe after the yere and the day, or at another day after. &c. than may not he that made the clayme enter. And therfore if he that made the clayme will be sure alway that hys entre shall not be ta­ken awaye by suche discent, it behoueth hym that within the yere and the day after the first clayme, to make another clayme in the fourme aforesayd. And within the yere and the day af­ter the second claym to make the thyrd claym in thesame maner, and within the yere & the day after the thyrd clayme, to make another clayme and so forth, that is to say, to make an other clayme within euery yere and day next after euerye clayme made, duryng the lyfe of hys aduersary, and than at what tyme that hys aduersary dye, his entre shal not be taken away by no such discēt. And such claym made in such maner is most commonly taken, and called continual clayme of him that made the clayme. But yet in case aforesayd where his aduersary dyeth within the yere and the daye next after the fyrst clayme, thys is in the law a continual clayme, in so much that his aduer­sary dyed within the yere and the daye after thesame clayme for it is no nede for him that made the clayme to make anye other clayme, but at that tyme that he within thesame yere and the day &c.

[Page]¶Also if his aduersary be disseised within the yere & a day after the claym, and the disseisour dyeth therof seised within the yere & the day &c. Thys dying seised shall not hurt him that made the claym, but that he may enter &c. For whosoeuer he be that dyeth seised within the yere & the day after such claym, that shall not hurt him that made the claym, but that he may enter though there wer many dyinges seised & many discentes within the yere & the day &c.

¶Also if a man be disseysed, and the dyssey­sour dye seysed within the yere and the day next after the disseisin done, wherby the tene­mentes discende to his heyre, in thys case the entre of the disseisie is takē away for the yere and the day that shoulde helpe the disseisie in such case &c. shall not be taken from the tyme of the tytle of entre growen vnto hym, but onelye from the tyme of the clayme by hym made in tyme aforesayd. And for that cause it shalbe good for such a disseisie for to make his claym &c. in as short tyme as he may after the disseisin &c.

¶Also if such a disseisour occupy the land by xl. yeres without any claym made by the dys­seisy &c. & the disseisy by little space before the death of the disseisour make claim in y^e forme aforesayd, if so it fortune that within a yere and a day after such clayme the disseisour dye seysed &c. the entre of the disseisie is congea­ble, and for this it shalbe good for such a man that made no clayme that hath tytle to enter[Page 92]&c. when he heareth that hys aduersarye lyeth licke to make hys clayme. &c.

¶Also as it is sayd in the cases put before where a man hath tytle to entre because of a disseisin &c. Thesame law is where a manne hath ryght to enter because of the tytle &c.

¶Also in thys said presidentes may ye know my child by .ii. thinges. One is where a man hath title to entre vpon a tenant in tayle, if he make any such clayme vnto the lād &c. Thē is the state of the tayle defeted, for that clayme is as an entre made by hym, and is of the­same effect in y^e law as he wer vpon thesame tenementes, and had entred in thesame tene­mentes as is aforesayd. And then whan the tenant in tayle immediatly after such clayme continueth hys occupacion in the tenementes this is a disseisin made of thesame tenemen­tes vnto him that made the claym. Et sic ꝑ cō ­sequens, the tenant then hath fee simple &c.

¶The secōd thing is, that as oft as he y^e hath right to enter maketh such claym. & this not­withstāding hys aduersary cōtayneth his oc­cupaciō &c. so oft the aduersary doth wrong & disseisin to him that made the claime. And by this case so often may he that made the same clayme for euery such wrong & disseisin made vnto hym, haue a writ of trespas. Quare clau [...] suum fregi [...] &c. to recouer hys damages &c. Or he may haue a wrytte vpon the statute at Kyng Rychard the second made the fyfth yere of hys raygne, supposyng by hys writte[Page]that his aduersary hath entred into the lādes or tenementes of hym that made the clayme where hys entre was not geuen by the law &c. and by such accion he shall recouer hys da­mages &c. And if the case be such that the ad­uersary occupy the tenementes with force, & armes, or with a multitude of people at the tyme of such clayme. &c. Than may he that made the clayme for euery such tyme haue a writ of Forcible entre and recouer hys trebl [...] damages.

¶Also here it is to see yf the seruaunt of a [...] that hath tytle of entre may by the commaun­dement of hys maister, make continual claym for hys master in his name, and it semeth that in some cases he may doe this, for if he by hys commaundement come to any parcell of the land, and there maketh claim &c. In the name of his maister, thys claym is good for his ma­ster, for thys that he hath done all that that it behoued his maister to doe in such case &c.

¶Also if a maister say vnto hys seruaunt that he dare not goe vnto the land nor to any parcel of the land for to make his claym &c. & dare not approche more nygh vnto the sayd land, saue to such a place called Dale, and commaū deth his seruaunt to goe to the same place of Dale, and therto make a clayme for hym &c. of the seruaunt so dooe &c. this semeth as good clayme for hys master as if he had been there in his own parson, for that the seruaunt dyd all that his master durst doe and ought to doe[Page 93]by the law in such case.

¶Also if a man be so sicke or so lame that he may not in no maner come to the land nor to any parcel of thesame, or if there be a recluse that may not because of hys order goe out of his house &c. if such a maner parson commaūd his seruaunt to goe and make clayme for him &c. and the seruaunt dare not goe to the land, nor to any parcel therof for doubt of beating, manne or death, and for that cause suche ser­uaunt cometh as nigh to the land as he dare for such drede, and maketh this claime &c. for his maister it semeth that such clayme for his maister is good and strong in the law, for els his maister should be in to great mischief, for [...] may well be that such a parson that is sick [...] lame, or recluse, can not find any seruaunt that dare goe vnto the land nor to any parcel [...]f it to make the clayme for hym &c. But yf [...]e maister of such a seruant be in good helth [...]d may and dare wel goe to the tenementes [...] to parcel of it to make hys clayme for him [...]c. if such a maister commaund his seruaunt [...] goe to some parcell of the lande, and make [...]n [...] for him &c. And whan the seruaunt is [...]yng to dooe the commaundement of hys [...]ster he heareth by the way suche thinges [...] he dare not goe to any parcel of the land [...] to make any clayme for hys mayster, and [...] that cause he goeth as nigh vnto the land [...] he dare for dout of death, and there he ma­ [...] clayme for his maister in the name of hys[Page]mayster &c. It semeth that the doubte in the lawe in such case shalbe if such claim auayleth to his mayster, not for thys that the seruaunt dyd not all thys that hys maister at the tyme of commaundement durst haue done.

¶Also some haue sayd that where a man is in prieson & is disseysed & the disseisour dyeth seised during the time that the disseisi is in pr [...] son, by which tenementes discend to the heire of the disseisour, they haue sayd that this shall not hurt the disseisy that is in prieson, but y^t he may wel ētre notwithstāding such disce [...] for thys that he may not make cōtinual claym whē he was in prison. And also yf such a one that is in prieson be outlawed in an action of dette or trespas or in appele of robbery &c. he shal reuert such outlawry by writ of error &c. because he was in prieson at the tyme [...] outlary against him pronounced.

¶Also if a recouery be had by discēt agaynst such a one that is in prieson he shal auoyd the iudgement by a writte of errour for this y^e [...] was in prison at the time of such defaut mad [...] &c. And because y^t such maters of record sha [...] not hurt thē that be in prison but that it shal [...] be reuersed &c. A multo fortiori, It seme [...] that a matter in dede, that is to saye, such dyscent had when he was in prieson, sha [...] not hurt hym &c. speciallye for thys that [...] may not goe out of prieson to make conti [...] nuall clayme &c.

¶And in thesame maner it semeth to the [...] [Page 94]where a mā is out of y^e realme in the kinges seruice for busines of the realm, & if a man be disseised when he is in the seruice of the kyng [...]at such discent shall not hurt the disseise, but for thys y^t he might not make cōtinual claime [...] it semeth vnto thē that when he cometh a­ [...]yn into England he may entre again vpon [...]he heyre of the disseisour &c. For such a man shal reuerse an outlary that is pronounced a­gaynst him duryng the tyme that he is in ser­uice &c. Ergo a multo fortiori. He shall haue [...]e by the law in the other case &c.

¶Also other haue said that if a man be out of [...]he realme though he be not in the kinges seruice, yf such a man being out of the realme be [...]sseised of landes or tenem̄tes w^tin the realm [...] the disseisour dye seised &c. the disseisy being [...] of the realm it semeth vnto thē that when [...]he disseisi cometh into the realme that he may [...]ll enter vpon the heyre of the disseysour, [...] [...]tera, and thys semeth vnto them for two [...]ses.

¶One is, that he that is out of the realme, [...] not haue knowlege of the disseisin made [...]nto him by vnderstāding of y^e law, no more [...] that a thing done out of the realme may [...] tried within thesame realm by the othe of [...] men &c. & compel such a man to make cōti­ [...]al claim which by the vnderstāding of y^e law [...] haue no knowlage or cognisāce of such dis­ [...]s [...] made or done, this shalbe inconuenient [...]ely whā such a disseisin is done vnto him,[Page]when he was out of the realme, also the dying seised was done when he was out of th [...] realme. For in such case he may not by possib [...] litie after the common presumpcion make [...] continuall clayme, but otherwise it shalbe [...] the disseisie wer within y^e realme at the tru [...] of the disseisin or at the tyme of the dying seysed of the disseisour &c. An other matter the alledged for a profe that when the statute [...] kyng Edward the third the .xxxiiii. yere of h [...] raigne, by which estatute no claym is out [...] the law was such, that if a fyne wer leuied [...] certayn landes or tenemētes, if any that [...] a straunger to the fyne had right to haue, [...] to recouer thesame landes or tenementes, [...] he came not and made hys claym therof [...] in a yere and a day next after the fyne leuied he shalbe barred for euer. Quia dicebatu [...] nis quod finem littbus imponebat. And th [...] the law was such, it is proued by the sta [...] of westminster the second. De donis condici [...] nalibus, where it speaketh if the fine be [...] ed of ten̄tes geuen in the tayle &c. Quod f [...] ipso iure sit nullus, nec habeant heredes [...] illi quos spectat reuercio licet plene etatis [...] it in anglia extra personam, necesse abbo [...] clameum suum. So it is proued that if a [...] ger that hath ryght vnto the tenementes of [...] wer out of the realme at the tyme of the fy [...] leuied &c. shall haue no dammage though th [...] such fyne was mater of record by greater [...] son it semeth vnto them that a disseisin and [...] [Page 95] [...]nt that is matter and dede shal not so greue [...]ym that was disseised when he was out of [...]he realme at the tyme of the disseisyn and also [...] the tyme that the disseysour dyed seysed. &c. [...]ut that he may well entre notwithstandyng [...]uch discent.

¶Also enquire if a man be disseised and he ar [...]n assise agaynst the disseysour, and the re­ [...]gnitours of the assyse chalenge for the playn [...], and the iustices of the assyse wil be adui­ [...]d of theyr iudgementes vntill the next assise [...]c. and in the meane season the disseysour dy­ [...]th seysed &c. If the sayd sute of the assyse shal [...] taken in law for the sayd disseysyn a conti­nuall clayme, in so much that no defaute was [...]nto hym &c.

¶Also enquere if an abbot of a monastery dye [...] during the tyme of vacacion a man wrōg [...] entreth in certain parcels of land of the [...] mastery clayming the lande vnto hym, and [...] heyres, and of that estate dyeth seysed, & [...] land discendeth vnto hys heyres, and af­ [...]r that an abbor is chosen and made abbot of [...]ame monastery, a question is yf the abbot [...] enter vppon the heyre or not. And it se­ [...]eth to some, that the abbot may well enter [...] thys case, for thys that the couent in tyme [...] vacacion was no parson, able to make cō ­ [...]al clayme for no more than they be parso­ [...]ble to sue an accion, no more be they parso­ [...]ble to make continual claym, for the couent [...] but as a dead body withoute head, for in[Page]tyme of vacacion a graunt made vnto them i [...] voyde, and in thys case, the Abbot maye not haue a writ of entre vpon disseisin against th [...] heyre, for this that he was neuer disseised. And if the abbot may not enter in this case, than he shall put vnto hys wrytte of right the which shalbe to hard for the house by which it seemeth to them that the abbot may wel entre &c. Q [...] re de dubus legem bene discere si vis qu [...] dat sapere que iunt legittima vere.

¶ Relessees. Cap. 8.

RElesses be in dyuers maners that is to s [...] relesse of right that a man hath in landes o [...] tenementes, & release of accions reals & par­sonals, and of other thinges relesse of all the right y^t a man hath in landes or tenem̄tes &c. is cōmonly made in such forme or to such ef­fect. Nouermt vniuersi ꝑ presentes me. A. [...] B. remisisse, relaxasse, & omnino de me & he [...] meis quiet clamasse E de. D. totū ius titul [...] clameū q̄ hūi habeo vel quouismodo in f [...] habere potero de et in vno mes̄ cum ꝑtine si [...] F. &c. And it is to vnderstand y^t these word [...] (remisisse & quiet clamasse) be of such effecte [...] these wordes relaxasse &c. & also these woordes which be cōmonly put in such dedes of [...] lesses. &c. that is to vnderstād. Que quoms [...] do in futurum habere potero, be as woordes voyde in the lawe, for no ryght passeth by a [...] lease but the right that the lessour hath at th [...] time of his release made for if it be father a [...] [Page 96]sonne, & the father be disseised, & the sonne li­uing, hys father releaseth by hys dede to the [...]sseisor al the right that he hath or may haue [...] thesame tenementes without clause of war [...]atise &c. & after the father dyeth y^e sonne may lawfully ent vpon the possession of the dissey­sor for this y^t he had no right in y^e land liuyng his father, but y^e right discended vnto hym by [...]scēt aft the release made by the death of his [...]ather. Also in a release of al the right y^t a man hath in certain lādes, it behoueth vnto hym to [...] hō the release is made in such case y^t he haue a free hold in the lādes in dede or in the law at the time of the release made, for in euery where he to whō the release is made, hath a [...]ee hold in dede or in law at the tyme of the release made &c. the release is good frankten̄t [...] law, as if a man haue disseysed another & [...]herof dyeth seised by the which the tenemē ­ [...]es discend vnto hys sonne, howe be yt that [...]ys sonne entre not in the tenementes, yet he [...]h a franktenemēt in the lawe to him vpon [...], & therfore y^e relese made is good ynough [...]nd if he take a wyfe so beyng seysed in the [...] howbeit that he neuer enter in dede & dy [...]th his wyfe shal haue therof her dower. Al­ [...] in such case of relese of al her right, how be [...] y^t he to whō the relese is made ne hath any [...]ng in the franktenemēt neither in dede nor [...] lawe, yet the release is good ynough, as if [...]e dysseysour haue sette lande that he had by [...]eysyn to another for tearme of hys lyfe,[Page]sauing the reuercion to hym, if the disseisie or hys heyres release vnto the dysseysour all the ryght &c. that release is good, for this that he to whom the release is made, had in hym re­uercion at the tyme of the release made. In thesame maner if a lease be made to a manne for terme of lyfe the remaynder vnto another to terme of lyfe the remayndre vnto the thyrd in the tayle, the remayndre vnto the fourth [...] fee, if a straunger that hath the ryght vnto th [...] land release all hys right vnto any of them the remayndre, such release is good, for thys th [...] euery of them hath a remayndre vested in hym self, yet if the tenant for terme of lyfe be dys­seysed and after that hath ryght (the possession beyng in the disseisour) release vnto one of thē to whome the remayndre was made all hys ryght &c. That release is voyde, for that, that he ne had in hym no remayndre in dede, but all onely a ryght of a remayndre, at the tyme of the release made. Et not a, that euery rel [...] made to hym that hath a reuerciō or a remain­dre in dede shal serue and help thē that haue the frank tenement as well as them to whō the release is made yf the tenant haue the re­lease in hys hand &c. In thesame maner a re­lease made to a tenant for terme of lyfe, or to a tenant in the tayle, shall enure vnto them [...] the reuercion or to them in the remayndre [...] well as to the tenant of frank tenement, and shall haue a great aduauntage of that, if th [...] they may shew it, also if there be lorde and re­naunt[Page 97]and the tenant is disseased, and the dis­seysi releaseth vnto the disseasour all the right that he hath in the seigniorye or in the lande, the release is good and the seigniorye is ex­tynct. And yf the goodes of the disseysi be takē, and of them the disseasi sueth a repleg [...]are a­gaynst the lorde, he shall compell the lorde to auow vnto hym, and yf he wyl auow vpō the disseasour, then vpon the matter shewed, the auowry shall be abated, for the dyssease is te­nant to them in ryght and in law.

¶Also yf lande be geuen to a manne in the [...]y [...]e reseruyng vnto the donour & hys heires a certayne rent, yf the done be dysseased, and after the donour releaseth to the done al the ryght that he hath in the lande, and after the donee entreth into the lande vpon the dyssea­sour, in this case the rent is gone, for thys y^t the dysseasy at the tyme of the release made was tenaunt in ryght and in lawe vnto the donour and the auowry of fine force ought to be made vpō hī by the donor for the rēt behind &c. But yet nothīg of the ryght of y^e lād y^t is to saye of the reuere than passeth not by such re­lease, for this that the done to whom the re­lease was made then hadde nothyng in the lande, but onely a ryght and so the right of the lande, ne maye not passe by suche release to the donee. In the same maner it is yf a lease bee made to one for terme of lyfe, re­seruyng to the lessour and to hys heyres cer­tayne rente, yf the lessee bee dysseased, and[Page]after the lessour releaseth to the lesse, and to hys heyres, and after the lesse entreth, howbe­it that in the case the [...]ent is extincte, yet no­thyng of the ryght passeth. &c. causa qua supra. But yf it be very lorde and very tenaunt and the tenaunt maketh a feoffement in fee, the which feoffe neuer became tenant to the lord &c. yf the lorde release to the feoffour all hys ryght. &c. that release is in al void for this that the feoffour hath no ryght in the lande, and he is no ryght in the lande and he is not tenaunt in ryght to the lorde but onely tenaunt as for the auowry to be made, and he shall neuer cō pell the lorde to auowe vpon hym for the lord may auow vpon him the feoffe yf he wyl it be otherwyse it is where the very tenant is dis­seased as in case aforesayd for if the verye te­nant that is disseased holdeth of the lorde by knyghtes seruice, and dyeth, hys heyres beyng within age the lorde shall haue and sease the warde of the heire. And so he shall not haue the ward of the feoffor that made the feoffo [...] in fee & so it is a great diuers [...]t [...]e betwene these two cases.

¶Also yf a manne enfeoffe another in his lande vpon truste and to the entent that he shall perfourme his last wyll and the feoffor occupyeth that same at the wyll of his feoffes and after the feoffes release by theyr dede vn­to the feoffour all the ryght. &c. This hath be [...] in question yf suche release bee good or not, & some haue said that suche release is good for[Page 98]thys that no priuitie was betwene the feoffes and theyr feoffour in so muche that no lease was made after suche feoffemente by the fe­offes to theyr feoffour to holde at theyr wyl. &c. and some haue sayde the contrary and that for two causes. One is that whan such feoffement is made vpon confidence to parfourme the wil of the feoffour, that it shalbe vnderstād by the law that the feoffor by and by, ought to occupy the land, at the wil of hys feoffees, and so it is suche maner of priuitie betwene them, as yf a manne make a feoffement to another parson and they incontinent vpon the feoffe­ment wyll saye and graunt that the feoffour shall occupye the lande at theyr wyll. &c. Ano­ther cause they alledge that yf suche lande be woorth .xl. s. by yere. &c. Than such a feoffour shalbe sworne in assyses and in other inq̄stes in plees reals and also in plees parsonels, of what great sommes soeuer that the playntifs wyll declare. &c. And thys is by the common law of the land. Ergo thys is for a gret cause, and the cause is that the law wyll that suche feoffours and their heyres ought to occupy. &c And to take therof the rent and all the pro­fytes and all maner of yssues, and reuenues. &c. As though the tenementes wer their own [...]ythout interrupcion of feoffes, notw^tstāding such feffem̄tꝭ. Ergo thesame law geueth a priuite betwene such feoffors, & their feffes vpō confydence. &c. For whyche causes they haue sayde that the release made by suche[Page]feoffes vppon confidence to the feoffour, or to hys heyres et cetera. So occupying the lande. &c. shall bee good ynough & cetera. And this is the better oppiniō, as it semeth. Also releases after the matter in dede sometyme haue theyr effecte by force to enlarge the e­state of them, to whom the release is mad, as yf I lette certayn land to a man for ter [...] of yeares, by force whereof he is possessed, and I release vnto hym all the ryght that I haue in the lande without more woordes set or put in the dede, and deliuer vnto hym the dede. Than he hath estate but for terme of hys lyfe, and the cause is for thys that whē the reuercyon or the remaynder is in a manne the whyche wyll enlarge by hys release the estate of the tenaunt. &c. he shall haue no greater estate but in the maner and fourme. As if suche a leasour were seased in fee and wyl by his dede make estate to one in a cert fourme. &c. and delyuer vnto hym seysin by force of the same dede if in suche dede of feoffement the [...] be no woorde of inheritaunce. &c. Thā he hath estate but for terme of life. &c. and so it is i [...] suche release made by hym in the reuercion, or in the remaynder for yf I let lande to a [...] for terme of lyfe, and after I release vnto hym all my ryght without more saying in the re­lease, hys estate is not enlarged. But yf I re­lease vnto hym and to hys heyres of hys bo [...] ingendred, than he hath fe tayle, and yf I re­lease vnto hym and to hys heyres, than [...] [Page 99]hath fee symple. So it behoueth in suche case to specifye in the dede, what estate he to whō the release is made shall haue. &c. And some­tyme release shall enure to set & putt the ryght of hym that maketh the release to hym, to whō the release is made. As a manne is dysseased and he releaseth vnto the dysseasour all the ryght that he hath. In thys case the disseasour hath hys ryght, so that wher his estate before was wrong, now by the release it is lawfull and ryght but note well that whan a manne is seased in fee symple of any landes, or tene­mentes, and another wyll release vnto hym all the ryght that he hath in thesame tenem̄tes it nedeth not to speake of the heyres of hym to whom the release is made, for this that he had [...]e symple at the tyme of the release made, for yf the release were made to hym and to hys heyres for one daye or for one houre, this shal be as strong vnto hym in the law, as he had released to hym and to hys heires for whā hys ryght was gone from him at one tyme by his release without any condicion. &c. to hym that had fe symple it is gone for euer. But where a man hath a reuercion, or a remaynder in fe symple at the tyme of the release made there yf he wyll release to the tenaunt for terme of yeres or for terme of lyfe, or to the tenaunt in the tayle, it behoueth to determyne the estate that he to whō the release is made shall haue by force of thesame release. For this that such [...]elease goeth to enlarge the estate. &c. of hym[Page]to whō the relese is made. But otherwyse if is wher a mā hath but a right vnto the land [...] hath nothing in the reuerc̄ nor in the remayndre in dede. For if such a man release all hys right to one y^t is ten̄t of the frāktenem̄t all his right is gone, though that no menc̄ be made of his heires of him to whō the release is made For if I let land to a man for terme of lyfe, if I after release vnto him for to enlarge hys e­state, it behoueth that I release vnto him & to his heires of his body engendred, or to hī & to his heires males of his body begotten or by such sēblable estate. &c. or otherwise he hath no greater estate thā he had before. But yf my ten̄t for tme of life let thesame land out to ano­ther for terme of the lyfe of his lesse, the remaī ­der vnto another in fe, now if I release vnto him to whom my tenaunt letted for terme of life I shalbe barred for euer, though that no mencion be made of his heyres, for thys that at the time of the release made I had no ren̄ ­cion but onely a ryght to haue the reuercion. For by such a lease with a remaīder ouer that my tenaunt made, in thys case my reuercyon is discontinued and suche a release shal enu [...]e vnto hym in the remaynder to haue aduaun­tage of thys as well as to the tenaunte for terme of lyfe for to that entent the tenant for terme of life & he in the remaynder be as one tenant in the law, and be as if one tenant w [...] sole seased in hys demeane as of fe at the time of suche release made vnto hym. Also yf a [...] [Page 100]he dysseysed by twoo yf he release vnto one of them, he shall holde hys felowe out of the lād and by suche release shall haue sole possession, and estate in the lande. But yf one dysseasour enfeoffe twoo in fee, and the disseysy release to one of them thys shall enure to bothe the sayd feoffees. And the cause of the diuersitye be­twene these twoo cases is repugnant y­nough.

¶Also if I be disseased, & the disseisor is disseased if I release to the disseisor of my disseisor. I shall neuer haue assise nor enter vpon his disseasour, for thys that hys dysseysour hath my ryght by my release. &c. And so it semeth in this case that yf there wer twēty disseisors eche after other, & I release to the last dissei­sor he shal barre al the other of theyr acciōs & their title. And y^e cause is as it semeth, for this that in many in cases when a man hath a lawful title to enter though he enter not. &c. he shal defete al meane titles by his release. &c. But this is not in euery cause as shalbe sayde afterwarde.

¶Also if a mā be disseised the whiche hath a sone within age, & dieth & being the sōne with [...] age the disseisor dieth seased, & the land des­cendeth to his heire, & a stranger abateth, and after the sōne of the disseisy whā he commeth vnto full age releaseth all his ryght. &c. to the that our. In this case the heire of the dyssey­sour shall haue no assise of mortdauncester a­g [...]nst the abatour but he shal be barred of the [Page]assyse for thys that the abatour hath the ryght of the sonne of the dysseasy by hys release, and the enter of the sonne was lawfull. &c. for thys that he was wythin age at the tyme of [...] dyscent &c. but yf a manne bee dysseased and the dysseasour maketh a feoffement vpon con­dicion that is to saye to yeld vnto hym certain rent and for the defaute of payment a reentre &c. yf the dysseisy release to the feoffe vpon cō ­dycion yet this altereth not the estate of the feoffe vpon condicion as it was before. In thesame maner it is where a man is disseased of certayne lande, and the disseasour graunteth a rent charge out of thesame land though that after the disse [...]sy releaseth vnto the disseysour, &c. yet the rent charge abideth in his force. And the cause is in these two cases that a man shal haue none aduauntage by suche release that shall be agaynst hys owne proper acceptance and agaynst his owne grant. And though that some haue sayd that where the enter of a ma [...] is congeable vpon a tenaunt yf he release to thesame tenaunt that thys auayleth vnto the tenaunt so as yf he had entred vpon the te [...] and after enfeoffed hym. &c. this is not true [...] euery case for in the fyrste case of these twoo cases yf the dysseisy in fee enter vpō the feoffe vpon condicion and after enfeoffeth hym, that the condicion is all put asyde and voyde. And in the seconde case if the disseis [...] enter and en­feoffe hym that graunted the rent charge than is the rent charge auoyded. But it is not au [...] ded[Page 101]by any such release with an enter made. [...]c. Also yf a man be disseased by a child with­ [...] age the which alyeneth in fe, and the alyen [...]eth seased and his heyre entreth beyng the [...]sseisour within age. Now it is in the elecci­ [...]n of the disseasour to haue a wryt of Dū fuit [...]fra etatem. Or a wrytte of ryght agaynst the [...]eyre of the alyen and which wryt so euer he [...]eth of thē he ought to recouer by the law. And also he may enter into the lande without [...] recouere & in this case the enter of the dys­ [...]esi is taken away but in this case yf the dys­ [...]sy release hys ryght to the heyre of the alyen and after the dysseasour bryngeth a wrytte of [...]yght agaynst the heyre of the alyene, and he [...]neth the myse vpon the clere ryght &c. the [...]unde assyse ought by the law to fynde that the tenaunt hath more clere ryght. &c. thā hath the dissesour for this that the tenant hath the [...]ght of the dissesy & his relese which is more [...]ncient & more clere ryght thā the right of the [...]seasor, for by such release al the right of the [...]seisy passeth vnto the ten̄t, & is in the tenāt. [...]nd to this som haue said y^t in such case wher [...] hath right to landes or tenem̄tꝭ but hys enter is not lawful, if he relese vnto the ten̄t. [...]c. Than such release shal enure by way of ex­ [...]guishment. As vnto this it may be sayd that this is truth vnto hī that releaseth for by [...]is release he hath dismissed hīself clene of his [...]ght as to his parson. But yet the ryght that [...]e had may wel passe & go vnto the ten̄t by his [Page]release, for it should be inconuenient that such an aūcient right should be extinct al vtterlye. &c. for it is comōly sayd that right may not die But a release y^t goth by the wai of extinguishm̄t against al ꝑsons, is wher he to whō the re­lease is made may not haue this that vnto h [...] is released, as if ther be lord and tenant, and the lord releaseth vnto the tenant al the right that he hath in the lordship or al the ryght y^t he hath in the land. &c. such a release goeth by waye of extinguishment against al parsons, for this that the tenant may not haue thesame of hymself. In thesame man̄ is a release made to the tenant of the land of a rent charge or of a comon pasture for this that the tenant may not haue that that vnto hym is released. &c. So such releases goe away by extynguishmēt agaynst all parsons.

¶Also to proue that the graunde assyse ought to passe for the demandaunt in the case afore­said I haue heard often in the lecture vppon the statute of westm̄ the seconde that begyn­neth. In casu quando vir amiserit per defaltā tenementū ꝙ fuit ius vxoris sue. &c. that is a [...] the comō law before the statute, if a lease wer made to a tenant for terme of life the remaynder out in fe & a stranger by a fayned acciō re­couer against the tenante for terme of life by defaut, & after the ten̄t dieth, he in the remain­dre had no remedy before the statute for thys that he had no possessiō of the land, but if he in the remainder had entred vpō the tenant for[Page 102]terme of lyfe and disseised hym, and after the [...]enant entreth vpon hym. and after the ten̄t [...]r terme of lyfe leaseth by such recouere had [...]y defaut and dyeth, now he in the remaīdre [...]aye well haue a wryt of ryght agaynst hym [...]hat recouered, for thys that the myse shall be [...]yned onely vpon the clere right. And yet in [...]his case the seisin of hym in the remaynder, [...]s defeted by the entre of the tenaunte for [...]erme of lyfe. But paraduenture some wyll [...]rgue and say that he shall haue no wrytte of [...]ght in this case, for this that whan the mise [...]ioyned in such maner, that is to say, yf the te [...]ant haue more clere right to the lande in the maner as it is holden, than the demaundaunt hath in the maner as he demaundeth. And for this that the seisin of the demaundaunt was defeted by the entre of the tenaunt for terme [...]yfe, than he hath no ryght in the maner as [...]he demaundeth. Vnto thys it maye be sayde that these wordes (Modo & forma prout. &c.) [...] many cases be woordes of maner of plea­ [...]yng and no wordes of substance for if a mā [...]ing a writ of entre (In casu prouiso) of alye­ [...]c̄ made by the ten̄t in dower to his disenhe­ritance, & pledeth of the alienacion made in fe [...] the ten̄t saith that he aliened not in the man̄ [...]s the demaundant hath declared, & vpō thys [...]hey be at issue, & it is found by verdit that the tenaunt aliened in the tayle, or for terme of a­nothers life the demaundaunt shall recouer, and yet the alienacion was not in the maner[Page]as the demaundaunt hath declared.

¶Also if there be lorde and tenant, and the tenant holdeth of the lorde by fealtie onely, [...] the lorde dystrayneth the tenant for rent, and the tenant bryngeth a wryt of trespas agaīst hys lorde for hys cattayle so taken, and the lorde pledeth that the tenaunt holdeth of hym by fealtie and certayne rent, and for the ten [...] behynde he came to dystrayne. &c. And demaū ­deth iudgement of the wryt brought agaynst hī. Quare vi & armis. &c. And the other sayth, that he holdeth not of hym in the maner as he supposeth and vpon thys they be not at yssue, and it is founde by verdyte that he holdeth of him by fealte tantū in this case the wryt shall abate, & yet he held not of the lord in the ma­ner as the lord had said for the mater of the is­sue is whether the tenant holdeth of hym or not. For if he hold of him though the lord dis­trayne for other seruices that he ought not to haue yet suche writ of tn̄s. Quare vi & armis. &c. lieth not against the lord but shal abate.

¶Also in a writ of trespas of bearyng or of goodes taken yf the defendant plede nothyng culpable in the maner as the playntyf suppo­seth and it is founde that the defendant is culpable in another towne or at another day thā the plaintif supposeth yet he shall recoū. And in many mo other cases these wordes, that is to say in the maner as the demandaunt or the plaintif hath supposed, be no matter of sub­stance of that issue for in a writ of ryght whe [...] [Page 103]the myse is ioined vpon the clere right it is as much to say and to such effect that is to witt, whether hath the more ryght the tenaunt or [...]he demaundaunte to the thyng so demaun­ded. &c.

¶Also yf a man be disseased and the disseasor dyeth seased. &c. and his sonne entreth by dys­ [...]ent, and the dissease entreth vpon the heyre of the dysseasour, the which enter is a dysseasy &c. yf the heyre bryng assyse or a wryt of right agaīst the dysseysy he shalbe barred. For this [...]hat whan the graunde assyse is sworn theyr [...]he is vpon the clere ryght and not vpon the possession. &c. for yf the heyre of the dysseasour had brought assyse of nouel dysseasyn, or a writ of enter in nature of assyse and recouered a­gaynst the dysseisi and sued execucion yet may the dysseasi haue a wryt of enter in the per a­gaynst hym of the dysseasin made vnto hym by his father, or he may haue agaynst the heyre a wryt of ryght. But if the heyre ought to recouer agaynst the dysseasi in the case aforesayde by wryt of ryght then al his right shalbe clere [...] gone, for this that a fynall iudgement shold [...]e geuen agaynst hym which should be agaīst reason wher the disseisy hath more clere right [...]c. And knowe ye my sonne that in a wryt of [...]yght after this that the foure knyghtes bee [...]hosen in the graunde assyse, than there is no [...]eater delay thā a wrytte of formedon after [...]his y^t the parties be at an issue. &c. & if y^e myse [...] ioyned vpon battaile thā ther is lesse delay

[Page]¶Also a release of al the ryght. &c. in som cas [...] is good made vnto hym that is supposed tenaunt in the law though he haue nothyng [...] the tenementes as in a Precipe quod reddat [...] yf the tenant alyen the land hanging the wr [...] and after the demaundant releaseth to hym [...] his right that release is good, for this that [...] is supposed to be tenant by the sute of the demaundant and yet he hath nothyng in the [...] at the time of the release made. In the sam [...] maner it is yf in a precipe quod reddat, the t [...] nant vouche, and the vouche enter in the g [...] rantye, yf after the demaundant release to th [...] vouche al his right. &c. this is good ynoughe for this that the vouche after this that he ha [...] entred in the garranty is tenaunt in lawe [...] the demaundaunt.

¶Also as two releases of accions reals a [...] accions parsonels it is so that some accyo [...] be myxt in the realtie and in the parsonaltie as yf an accion of wast be sued against the [...] nant for terme of life, thys accion is in the realte for this that the place wasted shalbe [...] uered, & also it is in the parsonaltie, for this treble damage shalbe recouered for the wrong & wast done by the tenant, & for this in this [...] cion a release of accion real is a good pice [...] barre & so is a release of accions ꝑsonels. I [...] the same man̄ it is in assise of nouel disseisi, [...] this that it is mixt in y^e realtie and in the p [...] sonaltie. But if such assise be arrayned agay [...] the disseasour the tenant of the disseisour m [...] [Page 104] [...]lede a release of acciōs parsonels for to bart [...]e assise but not a release of acciōs reals for [...]one shal plede a release of acc̄ reals in assyse, at the tenauntes. &c.

¶Also in such accions that behoueth to be [...]ed agaynst the tenaunt of the franktenem̄t [...] the tenaunt haue a release of accions reals [...] the demaundant made vnto hym before the [...]rytte purchased and he pledeth it this is a [...]od ple for the demaundaunt to say, that he [...]at pledeth that ple, had nothyng in the frāk [...]nemēt in time of the release made, for that [...] had no cause to haue accion reale agaynst [...]ou.

¶Also in suche case where a manne maye [...]er in landes or tenementes, he maye haue [...]l this an accion real, which is geuē vnto hī [...] the law against the tenant. As in this case, [...]e demandant release to the ten̄t al man̄ acc̄ [...]als, yet this taketh not awaye the entre of [...] demandant but the demandant may well [...]ier. Notwithstanding such release for thys [...] nothing is released but the accion. &c. In [...]same maner it is of thinges parsonels. As [...] a man wrongfullye take my goodes, yf I [...]ease vnto him al accions parsonels yet I [...] by the lawe take my goodes out of hys [...]ssession.

Also if I haue cause to haue a writ of desy­ [...]e of my goodes agaīt another though that [...]elease vnto hī for all accions ꝑsonels, yet [...]aye take my goodes out of his possession, [Page]for thys that no right of goodes is released t [...] hym but onely the accion. &c. Also yf a man b [...] dysseased, and the dysseasour maketh a feoffement vnto dyuers parsones to hys vse, & th [...] dysseasour contynually taketh the profites [...] and the disseasy releaseth vnto him all accion reals, and after he sueth agaynst hym a w [...] of enter in nature of assyse because of the st [...] tute for thys that he taketh the profites. E [...] quyre how the dysseasour shall be holpē by [...] sayd release, for yf he wil plede the release g [...] nerally, than the demandaunt may say that had nothyng in the franktenement at the t [...] of the release made, and yf he plede the rele [...] specially thē it behoueth hī to know a dyss [...] syn, and than may the demaundaunt enter lande. &c. by hys conysaunce of the dysseas [...] But paraduenture by especyall pleadyng maye be barred of the accion that he sueth thoughe that the demaundaunte maye [...] tre. &c.

¶Also if a manne sue appelle of felony of [...] death of his ancester against another th [...] the appellant release vnto the defendant [...] man̄ acc̄ reals & ꝑsonels, this shal not help [...] defendant, for this that this appele is not [...] acc̄ real insomuch that the appellant shal [...] recouer any realte, nor such appele is no a [...] parsonal. In so much that the wrong w [...] vnto his auncester and not vnto him but of release to the defendant al maner af accy [...] than it shalbe a good barre in the appelle, [...] [Page 105]so a man may see that a release of a maner of accions is better then release of all maner of accions and parsonals &c.

¶Also in appele of robbery if the defendant will plede a release of the appellant of all ac­cions parsonels, thys semeth no plee, for an accion of appele where the appellaunt shall haue iudgement of death. &c. it is more hygh [...]han an accion parsonel, and it is not properly sayd an accion parsonal, and therfore if the defendaunt will haue a release of the appellant to barre hym of the appele, it behoueth hym to haue a release of al maner of accions of appele of release, or of all maner of accions as it [...]emeth &c. But in appele of maym a release of all maner of accyons parsonals is a good ple [...] barre, for thys that in such an acciō he shal [...]ecouer but damages.

¶Also if a man be outlawed in an acciō par [...]onall by processe of the originall and bryng a [...]rit of errour, yf he at whose suite was out [...]ed will plede agaynst him a release of ac­ [...]ons parsonals thys semeth no plee, for by [...] sayd accion he shal recouer nothyng in the parsonaltie, but al onely to reuerse the outla­ [...], but a release a writ of error shalbe a good [...]ee &c.

¶Also yf a man recouer dette or damage and [...]e release to the defēdant al maner of accions [...] the may lawfully sue execucion by Capi­ [...]ad satisfaciendum or by Elegit, or by Fieri [...]as, for execucion by suche writte may not[Page]be sayd an accion, but if after a yere and a day the playntif will sue a Scire facias to haue execucion &c. thē it semeth a release of al acciōs shalbe a good plee in barre, but some haue thought the contrary insomuch that the writ of Scire facias is a writ of execucion, & is to haue execucion. But in so much y^t vpon the­same writ the defēdant may plede diuers ma­ters after the iugemēt geuen to put him fro [...] execucion as outlary & diuers other &c. ther­fore it may wel be sayd accion &c. and I tro [...] that in a Scire facias out of a fine a release of al maner of accions is a good ple in barre, but where a man hath recouered det [...]e or da­mage & it is accorded betwene them that th [...] playntif shalbe put out fro accion than it be­houeth that the plaintif make a relese to hi [...] of al maner of accions.

¶Also if a mā relese to another al maner de­maūdes, this is the most best release, that h [...] to whō the relese is made cā haue, & most sha [...] enure to his aduauntage, for by such relese [...] al maner of demaūdes al maner of accions [...] als & parsonals, & acciōs of appeles be gone [...] extinct, and al maner of execuc̄ be gone an [...] extinct. And if a mā had tytle to enter in an [...] landes or tenemētes by such release his titl [...] is gone & if a man haue rent seruice or re [...] charge or common of pasture &c. by such reie [...] of al maner demaundes to the tenant of th [...] land wherof the seruice or the reentre is g [...] ing out, or in what land soeuer the commo [...] [Page 106]be, the seruice and rent, and the common is gone and extinct. &c.

¶Also if a man release to another all maner quarelles, or al controuersies or debates be­twene them. Enquire to what mater, and to what effect such woordes extend.

¶Also if a mā be boūd by his dede to another in certain sūme of money to pay at the feast of S. Michael thā next folowing &c. if he oblige before y^e said feast release to the obligor al naciōs he shalbe barred of the duetie for e­uer, & yet he might haue no acciō at the time of the release made. But if a man let land to another for terme of yeres to yeld at the feast of saynt Michael next ensuing .xl. shillinges and before thesame feast he releaseth to the [...] see all accions, yet after thesame feast he shall haue an accion of detie for the non pay­ment of the .xl. shilinges. Notwithstāding the sayd release. Study the cause of the diue [...]itie [...]etwene these two causes.

¶Also where a man will sue a writ of ryght [...] behoueth that he plede of the disseisin of hī [...] of his aūcesters, & also that the seisī was in [...] of thesame king as he pledeth in his ple [...] this is an anciēt law vsed as it appereth by report of a certain ple, in such fourme as ensueth Sir Iohn Barrey brought a writ of [...]ight agaynst Raynolde A [...]shlyngton, and de­maunded certayne tenementes et cetera t [...]e [...]se was ioyned in the banke, and the origi­nall and the processe wer sent before iusti [...]es[Page]errantes, where the parties came and the .xii. knyghtes wer sworne without chalenge of the parties to be alowed for thys that the eleccion was made by assent of the parties with the fowre knightes and the othe was suche, that I shall saye trouth &c. whether R. of A. haue more ryght to hold the tenementes that Iohn Barray demandeth against hym by his writ of right or Iohn to haue the tenement▪ as he demaundeth and for nothyng to let to say the trouth as god me helpe. &c. without saying to theyr estemyng and such othe shalb [...] made in attaynte and in battayle and in wagyng of lawe for those doe euery thyng vnto an end. But Iohn Barrey pleded of the disseisyn of one Rafe hys auncestre in time of king Henry, and Raynold vpon the mese ioyned tē dered half a marke for the tyme &c. and vpon this sayd Clere iustice at the graund assyse, af­ter thys that they wer charged vpon the clere ryght. Good man Raynold gaue half a mar [...] to the kyng to the entent that he fynd that the auncestre was not seised in tyme that the de­maundant hath pleded no further vpon the ryght and for thys ye shall say to vs whether the auncestre of Iohn Rafe by name was se [...] sed in the tyme of kyng Henry as he hath ple­ded or not & yf he fynd that he was not seysed in the tyme ye shall inquire no more and if y [...] fynd that he was seysed, than enquire farther of the ryght and after the graunde assyse ca [...] with theyr verdit, and saying that Rafe wa [...] [Page 107]not seysed in the tyme of king Henry, wherby it was awarded that Raynold shold hold the tenementes agaynst hym demaunded to him & to hys heyres quite out of I. Barrey & his heyres to the remenant, and Iohn in the mercy.

¶ Confyrmacion. Ca. 9.

A Dede of Confyrmacion is most commonly in suche fourme or to such effect. Nouerint vniuersi &c. me A. de B. ratificasse, approbasse [...] confirmasse C. de D. statum & possessū quos habeo de & in meswagio &c. cum pertinentiis in N. and in some case a dede of confyrmacion is good and vaylable, and where in thesame cause a dede of release is not good nor vayla­ble. As I let land to a man for tearme of hys lyfe, the whiche letteth thesame land to ano­ther for .xl. yeres, by force of the whiche he is possessed, if I by my dede cōfyrme the state vn­to the tenant for terme of yeres, and the tenāt in terme of lyfe dyeth duryng the tearme of [...]s yeres may not entre in the lande duryng thesame terme, yet if I by my dede of release haue released to the tenant for terme of yeres in the lyfe of the tenant for terme of lyfe the release shalbe voyd, for thys that than no pri­ [...]itie was betwene me and the tenaunt for [...]erme of yeres for a release is not auaylable [...] the tenant for terme of yeres but where a [...]iuitie is betwene him, and hym that relea­ [...]eth. In thesame maner is if I be disseised and [...]he disseisour maketh a release to another for[Page]tearme of yeres. Also if I be dysseysed and I confyrme the state of the dysseisour than he hath a good and rightful estate in fee symp [...] though y^t in the dede of confirmaciō no mēcion is made of his heires, for this that he h [...] fee simple at the time of y^e confirmaciō, for [...] such case if the disseisi cōfirme the state of [...] disseisour to haue & to hold to him for term [...] his life, yet y^e disseisour hath fe sīple & is seise in his demene as of fee for this that whan h [...] estate was cōfirmed he had fe simple & in suc [...] dede he may not change his estate without [...] tre vpō hī &c. In y^e same maner is if the esta [...] be cōfirmed for tme of a day or for term of [...] other he hath a good estate in fe sīple or cō [...] mare firmū facere. Also if .ii. be disseisours [...] the disseisi releaseth to the one, he s [...]al ho [...] his felow out of the lād, but if the disseisi c [...]nfirme the state of the one without more sp [...] in the dede, some say y^t he shal not hold his [...] low out, but he shal hold ioyntly with him, [...] this y^t nothing was cōfirmed but his estate was ioynt, & for this some haue sayd that [...] ioynten̄tꝭ be & the one cōfirmeth the estate the other, y^t he hath but a ioynt estate as [...] had before but if he haue such wordes [...] dede of cōfirmacion to haue & to hold to [...] & to his heyres al the tenem̄tꝭ wherof [...] on is made in the confirmacion, than he h [...] estate sole in the tenemētes, & therfore it is good & a sure thing in euery confirmacion haue these wordes to haue & to hold the [...] nementes.[Page 108]&c. in fee or in fee tayle or for term of life or for terme of yeres after as the cause or the mater is, for to y^e entēt of some if a mā set lād to another for term of life & after he cō fyrmeth hys estate by these wordes to haue & to hold his estate to him & to his heires, this cōfirmaciō as concerning his heyres is void, for his heires can not haue hys estate whiche was but for term of life but if he cōfirme hys estate by these wordes to haue thesame lād to him & to his heires this confirmacion maketh fee simple in this cause to him in the land for this that they haue & hold &c. goth to the land & not to the estate y^t he hath &c. Also if I let certayn land to a woman sole for terme of her life the which taketh a husband, & after I cō ­firme the estate to the husband & to the wife forterme of theyr two liues in thys case the husbād holdeth not ioyntly with the wife but holdeth the right of his wife for terme of hys lyfe but this confirmaciō shal ēure to the hus­band by way of remaindre for term of his life if he suruiue his wife, but if I lette land to a woman sole for term of yeres whiche taketh a husband, & after I cōfirm the state to y^e hus­bande and the wife for tearme of bothe their lyues, in thys case they haue ioynte estate in the franktenement of the land for thys that the wyfe had no frank tenement before. Also if a parson of a church charge the glebe of his church by his dede, and the patrone and the ordinary confyrme thesame grant and all that [Page]is comprysed within thesame graunt, than the same graunt shallbe in hys strength after the purpose of the same graunt, but in such case it behoueth that the patron haue fee symple in the auowson or if he haue estate in the auow­son for terme of lyfe or in tayle, than the grāt shall be but duryng his life and the lyfe of the parson that graunted it. &c. Also yf a man let land forterme of lyfe which tenant for terme of lyfe chargeth the land with a rent in fee, & he in the reuercion confyrmeth thesame grāt, thys charge is good inough and effectual. Al­so yf ordinary hath nothyng to meddle nor to doe, the patron of the chantry, and theyr chap­layn of thesame chauntry may charge the chaū try with a rent charge in parpetuitie. Also in some case these verbes dedi & concessi haue thesame effect in substance and shall enure to the entent as thys verbe confyrmaui, as if I be disseised of a plough land and after I make such a dede &c. Sciant presentes &c. Quod de­di to the disseysour the sayde plough lande &c. And I deliuer al onely the dede to him with out liuere of seysyn of the land, that is good confyrmacion, and as strong in the law, as if he had in the dede thys verbe confirmaui &c. Also if I let land to a man for terme of yeres, by force of which he is possessed, and after I make to him a dede &c. Quod dedi vel conces­si &c. thesame land to haue for tearme of hys lyfe, and delyuer hym hys dede than by & by he hath estate in the lande for terme of his[Page 109]life, and if I say in the dede to haue to hym and to hys heyres of hys bodye engendred he hath estate in the tayle, & if I say in the dede to haue and to holde to hym and to hys hey­ [...]es he hath estate in fee symple, for thys shall [...]ure to hym by force of confyrmacion to en­ [...]arge hys estate. Also if a man be disseysed, & the disseisour dyeth seysed, and hys heyre is [...] by discent, after the disseisy and the heyre of the disseisour make ioyntly a dede to another [...] fee, and liuere of seysyn vpon thys is made [...]s to the heyre of the disseisour that ensealeth [...] dede the tenemētes passe by thesame dede by way of feoffement, and as to the disseisy that ensealeth thesame dede, thys shal not en [...]e but by way of confyrmacion, but if the dis­ [...]eisy in thys case bryng a writ of entre in the (per & cui) agaynst the alyene of the heyre of the disseisour enquire how he shall plede that [...]ede agaynst the demaundant by way of con­ [...]rmacion &c. And know ye this my chyld that it is one of the most honorable, laudable, and profitable thyng in our law to haue the scyc̄ce of well pledyng, in accions reals and parso­ [...]ls and for thys I counsayle thee speciallye [...] set the corage and cure to learne that. Also [...] there be lord and tenaunt, and the lord con­ [...]rmeth the estate that the tenant hath in the tenementes, yet the seigniory holly abideth to [...]he lord as it was before. In thesame maner [...] is, if a man haue a rent charge out of a cer­ [...] land, and he confyrme the state that the[Page]tenant hath in the land, yet abideth to the confyrme the rent charge. In thesame maner it is if a man haue comen of pasture in the land of any other, if he confirme the state of the te­nant of the lād nothing shal depart from him of his common, but this notwithstanding the comon abideth to him as it was before.

¶But if there be lord and tenant which holdeth of his lord by seruice of fealtie and .xx. s. of rente, if the lorde by his dede confirme the state of the tenaunt to hold by .xii. d. i. d. or by an ob. in this case the tenant is discharged of all other seruice and shall yeld nothing to the lord but that that is cōprised within thesame confirmacion, yet if the lorde will by the dede of confirmacion that the tenaunt in this case ought to yeld to him an hawke or a rose yere­ly at such a feast &c. this reseruacion is voyd, for thys that he reserueth to him a new thing that neuer was parcel of the seruices before the confirmacion, & so the lord may abbrydge the seruices by such confirmacion but he may not reserue to hym a new seruice &c.

¶Also if there be lord mene and tenant, and the tenaunt is an abbot that holdeth of the mene by certain seruices yerelye the whiche hath no cause to haue a quittance against his mene for to bring a writ of mene &c. In thys case if the mene confirme the state that the abbot hath in the land, to haue & to hold the lād vnto him and his successors in frank almoyg [...] or free aimes &c. In this case this confirmaci [...] [Page 110]is good, & thē the abbot holdeth of the mene in frank almoygn, and the cause is for thys, that no new seruice is reserued for al the ser­uices specially specified be extinct & nothīg is reserued to the mene, but the abbot shall hold of the land, & that was before the confir­maciō for the y^t holdeth in frāk almoygn ought to do no bodely seruice so y^t by such confirmatiō it appereth that the mene shal reserue vn­to him no new seruice, but y^t the lādes shalbe holden of him as it was before & in this case the abbot shal haue a writ of mene if he be di­strayned in his defaute by force of the sayd cō firmacion where parcase he might not haue such a writ before &c.

¶Also if I be seised of a villain as if a vyl­layn in grosse, & another taketh him out of my possessiō clayming hī to be his villain & after I cōfirme vnto hī the state that he hath in my villain, this cōfirmaciō semeth voyd, for this y^t none may haue possessiō of a mā as of a vil­lain in grosse & in so much that he to whō the confirmac̄ was made was not seysed of hī as of hys villain at the time of the confirmaciō, such confirmac̄ is void, but in this case if such wordes wer in the dede. Sciatis me dedisse & confirmasse tal▪ &c. talem villanum meum, this is good, but this shal c̄ure by force & way of graūt, & not by way of confirmacion &c. Al­so sometime these verbes (dedi & concessi) en­ure by waye of extynguyshement of the thing geuen or graunted. As a tenaunt holdeth [Page]of hys lord by certayn rent, and the lorde by his dede graunteth to the tenant and to hys heyres the rent. &c. thys shall enure to the te­nant by waye of extinguishment, for by thys graunt the rent is extinct. In this same ma­ner it is where one hath a rent charge of cer­tayn land, and he graunteth to the tenaunt of the land the rent charge and the cause is for thys that it appeareth by the woordes of the graunt that the will of the donour is that the tenant shall haue the rent &c. in so much that he may haue no rent out of hys own lande, for thys the dede shalbe vnderstand and take for the most aduauntage and auayle of the tenant that it may be, and that is by way of ex­tinguishment. Also if I let land to a man for terme of yeres & after I confyrme hys estate without moe wordes put in the dede, he hath no greater estate but for terme of yeres as he had before but if I release to hym my ryghte that I haue in the land without mo woordes put in the dede, he hath estate of franke tene­ment and so mayst thou chyld vnderstand gret diuersities betwene relessees and confyrma­cions. And if I be within age and let land to one for terme of .xx. yeres, and he graunteth the land for terme of .x. yeres so that grant is but parcel of his terme. In this case when I am of full age if I release vnto the grauntee of my lessee &c. Thys release is voyde, for this that there is no priuitie betwene hym and me. But if I confyrme hys estate then thys con­fyrmacion[Page 111]is good, but if my lessee graunt all hys estate to another, then my release made to the grauntee is good and effectuall. Also if a man graunt a rent charge out of hys land to another for terme of hys lyfe, and after I confyrme hys estate in the sayd rent to haue, and to hold to hym in fee tayle, or in fee symple, thys confyrmacion is voyd as to enlargeing of hys estate for thys that he that confyrmed had no reuercion in the rent, but yf a manne seysed in fee of rent seruice or of rent charge, and he graunteth the rent to another for term of lyfe and tenant attorneth, and after he con­fyrmeth the estate of the grauntee in fee tayle or in fee simple, thys confyrmacion is good as to enlarge his estate after the wordes of the dede of confyrmacion, for thys that he that cō ­fyrmed the estate at the tyme of the confirmation hadde the reuercion of the rent &c. but in thys case aforesayd, where a man graunteth a rent charge to another for terme of lyfe, if he will that the grauntee shall haue estate in the tayle or in fee, hym behoueth that the dede of the grauntee of the rent charge for tearme of lyfe, be resurrendred or councelled, and then to make a new dede of suche a rent charge to haue and to take to the grauntee in the tayle or in fee. Ex paucis dictis pinrima intende▪ [...]e potes.

¶ Attornement. Capi. x.

ATtornement is if ther be lord & tenant and the lord wil graūt by his dede the seruice of his tenāt to another for term of yeres or for term of life or in tayle or in fee hī behoueth y^t the tenant attorne to the graunte in the life of the grauntour by force & vertue of the graūte or otherwyse the graunt is voyd and attorne­ment is none other thyng in effect, but when the tenant hath heard of the graūte made by hys lorde, that thesame tenaunt by word agree to the sayd graunt, as to say to the grauntee, I agree me to the graunt made to you, or I am wel contēt of the graunt made to you &c. but the more common attornement is to lay, syr I attorn to you by force of thesame graūt or I become your tenant &c. or to deliuer vn­to the graunte .i. d. ob. or ferthing by waye of attournement. &c.

¶Also if a man be seased of a maner whiche maner is parcel in demene & parcel inseruice if he wil alien in such maner to another, it behoueth y^t by force of the alienac̄ all the ten̄tes that hold of the alienor as of thys maner &c. attourne to the aliene or otherwyse the seruices abyde continually in the alienour, except te­nantes at will, for it nedeth not the tenantes at will attourne vpon such alienacion &c. for this that thesame landes or tenementes that they holde at will dooe passe to the aliene by force of such alienacion.

¶Also if there be lord and tenaunt, and the tenaunt letteth the tenementes to a man for[Page 112]terme of life the remayndre to another in fee, if y^e lord graūt the seruices to the tenant for term of life in fee, in this case the ten̄t for term of life hath fee in the seruices, but seruices be put in suspēce durīg his life but his heires shal haue the seruices after his death, & in that case it nedeth not an attornement, for by the acceptance of y^e dede of him that ought to at­torne, this is attornement in himselfe &c. but where the tenant hath as great & high estate in the tenemētes as the lord hath in the seig­niory, in such case if the lord graūt the seruice vnto the tenant in fee this enureth by way of extinguishment. Causa patet.

¶Also if there be lord & tenant and the tenāt maketh a lease to one for terme of life, sauing the reuerc̄ vnto him, if the lord graūt the seig­niory to the ten̄t for term of life in fee, in this case it behoueth y^t he in the reuerciō attorne to the ten̄t for term of life by force of y^e graūt or otherwise the grant is voyd for this that he in the reuercion is tenant vnto the lord.

¶Also if there be lorde and tenaunt, and the tenaunt holdeth of the lorde by twenty ma­ [...]er of seruices, and the lord graunteth his seig [...]ory to an other if the tenaunt paye or dooe anye of the seruyce to the grauntee, thys is a good attournement of, & for the seruices though that the tenauntes entente was to at­tourne but of thesame parcell, for thys that the seygnyorye is an holye thynge, though[Page]that there be diuers manner of seruices that the tenant ought to dooe.

¶Also if there be lord and tenaunt and the tenaunt holdeth of the lorde by many maner of seruices and the lord granteth the seruices to another by fyne, yf the grauntee sue a Sci­re facias out of the same fyne for any parcell of the seruices and hath iudgement to recouer this iudgement is a good attornement in the law for all the seruices.

¶Also if the lord of the rent graunteth the seruices vnto another, and the tenaunt attor­neth by a peny and after the graunte distray­neth for rent behynd, and the tenant to hym maketh rescous In thys case the grauntee shall not haue assyse of the rent but he shall haue a writ of rescous for that the gyft of the peny was but by way of attornement. But if the tenant had geuen vnto the grauntee the sayd peny as parcel of the rent or an halfe pe­ny or a farthing by waye of seisin of the rent, then thys is a good attornement and also it is a good seisin to the graunt of the rent. And then vpon such rescous the graunt shall haue assise &c.

¶Also if a man let tenementes for terme of yeres by force of which the lessee is sessed, & after the lord graunteth by his dede of the reuercion for terme of lyfe or in tayle or in fee, it behoueth him in this case that the ten̄t for terme of yeres attorne, or otherwyse nothing passeth such grant by such dede, and if in this case [Page 113]the tenaunt for terme of yeares attourne to the graunte, then by and by passeth the frank­tenement on the graunte by suche attourne­ment without any liuere of seisin. &c. for thys yf any tiūe shalbe made or nedeth to be made in suche case, then the tenaunt for terme of yeares shalbee at tyme of the liuere of seysyn out of his possession which should be agaynst reason.

¶Also yf lande be let to a man for tearme of yeares the remaynder to another for terme of lyfe reseruyng to the leasour a certain rent by yeare and liuere of seisyn is made vppon this to the tenaunt for terme of yeres, if he in the reuercion in suche case graunt his reue [...] into another. &c. and the tenant that is in the remaynder after the terme of yeres atturneth [...]is is a good atturnement, and he to whome the reuercion is graunted by force of such at­tournement shal distrayne the tenant for tme a yeres for the rent due after such attourne­ment though the tenant for terme of yeres neuer attourned vnto hym, and the cause is for [...] wher the reuercion is dependaunt vpon he statute of franktenement, it suffiseth that the tenaunt of the franktenement atturne v­pon suche graunt of reuercion. &c. and it is to [...]ytte that where a lease for terme of yeres or for terme of lyfe or a gyft in the tayle is made to any man reseruing to suche a leasour or do­ [...]r certayn rent, yf such a leasour or donour graunt his reuercion to another, & the tenant [Page]of the lande attourne, the rent passeth to the grauntee though in the dede of the graunte of reuercion, no mencion is made of the rēt, for this that the rent is incident to the reuercion in such case, and not econuerso, for yf a manne wyll graunt the rent, in suche case vnto ano­ther, reseruing to hym the reuercion of y^e lād though the tenaunt attourne to the grauntee this shalbe but a rent secke. &c.

¶Also yf a man let lande vnto another for terme of lyfe, and after suche lease he confyr­meth by a dede the estate of the tenaunte for terme of lyfe, the remayndre to another in [...]e, and the tenant for terme of lyfe, accepteth the dede, then is the remaynder in dede to him to whom the remainder was geuen or limytted in thesame dede, for by the acceptaunce of the tenant for terme of life of the same dede th [...] is a graunt of hym and so an attournement [...] lawe, but yet he in the remayndre shall haue none acciō of wast nor other benifite by such remaynder, but yf that he haue thesame dede [...] his hande, by whyche the remainder was graū ted vnto hym, and for this that in suche case the tenaunt for terme of ly [...]e wyll retayne to hym the dede, to the entente that he in the re­maynder shall haue no accion of wast against hym, for thys that he maye not come to haue the possession of the dede et cetera. It shall bee good in suche case for hym in the re­maynder that a dede endented bee made [...] hym that wyll make the confyrmacion, and[Page 114]the remaynder ouer et cetera. And that he that maketh suche confyrmacyon delyuer a parte of the indenture to the tenaunt for tme of lyfe, and the other parte to hym that hath the remaynder, And than he by shewing of the parte of the endenture maie haue an accion of wast agaynst the tenaunt for terme of life, and all other aduauntage that he in the remainder may haue in such case.

¶Also yf two ioyntenauntes bee, whyche letteth lande to another for terme of lyfe, yeldyng to them and to theyr heyres a cer­tayne rente by yeare. In this case yf one of the twoo ioyntenauntes in the reuercion re­lease to the other ioyntenaunt in the same re­uercion, this release is good, and he to whom the relese is made, shall haue only the rent of the tenaunt for terme of life, and shall haue a [...]rytte of wast agaynst them though he neuer attourned by force of suche release, and the cause is for the priuilye that once was be­twene the tenaunte for terme of lyfe, and them in the reuercion. In the same maner, and for the same cause it is where a man let­teth lande to another for terme of his life the remaynder to another for terme of hys lyfe, reseruyng the reuercion to the lessour, in [...]hys case yf he in the reuercion release to [...]ym in the remaynder. &c. And to hys heyres all hys ryght. &c. Then he in the remaynder hath a fee et cetera. And shall haue a wrytte of [...]aste agaynste the tenaunte for terme[Page]of lyfe wythoute any attournement of him. &c

¶Also yf a lease be made for terme of lyfe the remaynder vnto another in the tayle, the remaynder ouer to the ryght heyres of the te­naunt to terme of life, in this case if the tenāt for terme of lyfe graunt his remaynder in fee to another by his dede, that remainder by and by passeth by his dede w^tout any other atturnemēt. For yf any ought to attourne, in this case it should be the tenant for terme of lyfe. And it wer in vain that he attourne vpon his own graunt. &c.

¶Also yf there be Lorde and tenaunt and the tenaunt holdeth of lorde by certayne rent and knyghtes seruices yf the lorde graunt the seruices of the tenaunt by fyne, the seruyces bee by and by in the grauntee by force of the fyne, but yet the lorde maye not dystrayne for any parcell of his seruices without attur [...]e [...]s But yf the tenaunt dye his heyre beyng with­in age the Lorde shall haue the warde of the bodye of the heyre, and of the lande, &c. How­beit that he neuer atturned For this that the seygnioury was in the graunt mayntenant by force of the fyne. And also in some case yf the tenaunt dye without heyre, the lord shal haue the tenauncy by way of eschete. In the same maner it is yf a man graunt the reuercyon to his tenaunt for terme of life to another by [...] the reuercion passeth not to the grauntee, by force of the fyne, but the grauntee shal neuer haue accion of wast without attournement. &c[Page 115]But yet yf the tenaunt for terme of lyfe alien in fee the grauntee may enter. &c. For this that the reuercion was in him by force of the fine, and suche alienacion was to his dishenhery­taunce. But in this case where the lord graunteth the seruices of his tenaunt by fyne, yf the tenaunt dye, his heyres beyng of full age the graunte by the fyne shall not haue the reliefe nor neuer shall distrayne for the relyef excepte there had bene an attournement of the tenant that dyed. &c. for of such thynges that lyeth in dystresse vpon the which a wryt of replegiate is sued. &c. a manne ought to auow the taking good, and ryght wyse. &c. there ought to bee at­tournement of the tenaunt. Howbeit that the grant of such seruices be by fyne. But to haue [...]arde of landes, and tenementes so holdē du­ryng the noneage of the heyre or of them to haue by waye of eschete there nedeth not anye [...]stresse. &c. But an enter in the lande by force of the ryght of the seignioury that the graunt hath by force of the fyne. &c.

¶Also in auncyent boroughes or Cytyes [...]her tenementes within thesame boroughes or cities, been deuisable by testament by the custome, and the vse. &c. if in suche borough or citie a man be seased of rent seruice or of rent charge, and he deuiseth such rent or seruyce to another by his testament and dyeth. &c. In this case he to whom the deuyse is made maye [...]ystrayne for the rent or the seruices behinde, howbeit that the tenaunt neuer atturned. In[Page]thesame maner it is, where a man letteth suche tenementes deuysable to another for term̄ of lyfe, or for terme of yeares, and deuysed the reuercyon by his testamente to another in fee or in fee tayle and dyeth, and anone after that the tenaunt maketh wast, he to whome the deuyse was made shal haue a writ of wast howbeit that the tenaunt neuer attourned, & the cause is for this that the wyll of the de­uysour made by the testamente shall bee par­fourmed after the intent of the deuisour, and so the effect of thys lyeth vpon the atturm [...] of the tenaunt. &c. Then parcase the tenaunt would neuer attourne, then the wyll of the deuisour should neuer bee parfourmed, & ther­fore the deuise shall distrayne or haue an acci [...] of wast. &c. without attournement, for if a mā deuyse suche tenementes to another by hys testament (habend sibi imperpetuum) and dy­eth and the deuise entreth he hath a fe simple, causa qua supra and yet yf a dede of feoffemē [...] wer made to hym by the deuisour of the sam [...] tenement (habend et tenendsibi imperpetuo [...] yf lyuere and seysin were neuer there vppon made, he shall haue none estate but fort [...] of lyfe &c.

¶Also yf a manne seased of a Manoure whyche is parcell in demeane and parcell [...] seruices and thereof bee dysseysed but the tenaunte with holden of the Manour, neue [...] attourne to the disseisour in this case howbe [...] that the disseisor die. &c & his heire is in by d [...] cent[Page 116]yet may the disseisi dystrayne for the rent beyng behynde and haue the seruice but if the tenauntes come to the disseysour and saye we become your tenauntes. &c. or otherwyse mad by attournement to hym. &c. and after the dis­seysour dyeth seased. &c. then the disseisy maye not dystcayne for the rent, for thys that all the maner descendeth to the heyre of the disseisour But yf one hold of me by rent seruice which is a seruice in grosse and another that no right hath claymeth the rent and receiueth and ta­keth thesame rente of my tenaunt by coacci­on of dystresse or by other forme and so dissea­seth me by takyng suche rente, howbeit that suche a disseisour, dye seased by suche takyng of the rent yet after his death I may well dy­ [...]ayne for the same rente beyng behynde be­fore the death of the disseysour, and after his death and the cause is for this, that suche is not my disseisour but by eleccion at my wil for howbeit that he toke the rent of the tenāt I maye at all times distrayne my tenaunt for he rent behynde et cetera so it is to me but is I wyll suffer the tenaunt to be by so much tyme behynde of paymente to me of the same rente, for the payment of my tenaunt to another to whome he ne oughte to paye is no dysseysyn to me nor shal not putte me [...]te of my rente wythoute my wyll and e­leccyon, for howe bee it that I maye haue [...]yse agaynst suche a taker et cetera, yet thys [...] at my eleccion yf I wyll take hym as[Page]my disseysour or not so that suche discentes of rentes in grosse ne putteth not out the lordes fro their dystresse but that at eche tyme they maye well dystrayne for the rent behynd, and in this case yf after the decease of hym that so wrongfully take the rent. I grant by my dede the seruices to another and the tenant attur­neth, this is good ynough, and the seruyce by suche graunt, and attournement incontinent be in the grauntee. &c. But otherwyse it is, where the rent is parcel of the maner and the disseasour dieth seased of the whole maner, as in the case before sayde.

¶ Discontinuaunce. Cap. xi.

DYscontinuaunce is an auncyent woorde in the lawe and hath diuers sygnificacions, [...] but as to one intent it hath suche a sygnifica­cion, that is to saye where a man hath aliened to another certayn landes or tenementes and dyeth and another hath right to haue thesame landes or tenementes, but he ne may enter is them because of suche alienacion. &c. As yf an abbot seased of certayn landes and tenemētes in fee, and he alyeneth thesame landes and te­nemētes to another in fee tayle or for terme of lyfe, and the abbot dyeth his successour may not enter in thesame landes or tenementes, howbeit that yf that he hath ryght to haue thē as in the ryght of the house, but he is putte to his accion to recouer thesame landes or tene­mentes[Page 117]whiche is called a writ de ingressu si [...] assensu capituli.

¶ Also yf a manne seased of lande as in the [...]yght of hys wyfe. &c. and thereof enfeoffeth a­nother. &c. and dyeth the wyfe ne maye not en­ter but she is put vnto her accion the whiche is called cui in vita.

¶Also yf tenaunt in the tayle of certayne lande and therof enfeoffe another. &c. and hath yssue and dyeth. &c. his issue maye not enter in the lande, howbeit that he hath ryght and ty­tle to that but that he is put to his acciō that is called a formed on in discendre.

¶Also yf there be tenaunt in the tayle and the reuerc̄ is to the donour, and to his heires yf the tenaunt make a feoffement. &c. and dy­eth without issue, he in the reuercion maye not enter, but is put to his accion of formedō in the reuerture, and in thesame maner it is where the tenaunt in the tayle of certain land where the remainder is to another in the tayle or to another in fee, yf the tenaunt in the tayl alieneth in fe or in fe taile. &c. & aft dyeth with out issue they in the remaindre may not enter, but be put to their writ of formed on in the re­maindre. &c. and for this that by force of suche feoffem̄t & such alienacions in the cases aforesayd & in like cases they which haue tytle and right after the death of such a feoffor or alye­sor may not enter but be put to their accions, vt supra. Therfore such feoffements and alye­nacions be called discontinuaunces.

[Page]¶Also yf tenant in the tayle be disseased & he releaseth by his dede to the disseysor & to hys heyres all the ryghte that he hath in the same lande▪ this is no discontinuaunce for thys that nothyng of ryght passeth to the disseisour but for terme of lyfe of the tenant in the tayle that made there lease. &c. But by the feoffement of tenaunt in the tayle a fe symple passeth by thesame feoffement by force of lyuere of seysin &c. but by force of a release passeth by thesame feffement by force of liuere of seisyn. &c. but by force of a release passeth, but the ryght that he maye lawfully and ryghtfully release without hurte or damage to other parsons which ther­to haue right after his decease. &c. and so it is a gret diūsitie betwene a feoffement of the ten̄t ī the tayl & a relese of y^e ten̄t ī the tail. But it is sayd y^t yf tenant in the taile in this case release to the disseasour & bindeth him & his heyres to warrantise. &c. and dyeth, and this warrantye descendeth to his issue, then that is a disconti­nuaunce because of warrantise. &c. But if a mā haue issue a sonne by hys wyfe dieth and after he taketh another wife and the tenementes be geuen to hym and his seconde wyfe, and to the heyres of theyr twoo bodyes engendred, and they haue yssue another sonne, and than the seconde wyfe dyeth, and after the tenaunt in the tayle is dysseysed and he releaseth to hys dysseisour all hys right et cetera, and byndeth hym and hys heyres vnto warran­tyse, and dyeth, thys is no dyscontinuaunce[Page 118]to the issue in the tayle by the seconde wyfe but he maye well enter. &c. for thys that the warrantyse descended to hys elder brother, that hys father hadde by his fyrst wyfe. In thesame maner where tenementes be descendable to the younger sonne after the custome of boroughe Englyshe been tayled. &c. and the tenaunt in the tayle hath yssue two sonnes & is disseased and he releaseth to his disseasour all his right with warrantise and dyeth, the yonger sonne maye enter vpon the disseysour notwithstandyng the warrantyse, for this that the warrantise descendeth to the elder sonne, for alway the warrantise descendeth. &c. to him that is heire by the common law.

¶Also yf an abbot bee disseased, and he releaseth to the disseisor with warrantise, this is no dyscontinuaunce to hie successour, for this that nothyng passeth by this release but the ryght that he hath duryng the tyme that he is abbot, and this warrantyse is expired by his prouision or by his death.

¶Also yf tenaunte in the tayle bee seased of certayne lande, and he letteth the same lande for tearme of yeares by force of which lease the lessee is in possession to which pos­session the tenaunt in the tayle by hys dede releaseth all his righte that he hath in the­same lande to the lessee and to hys heires for euer, thys is no dyscontinuaunce, but after the decease of the tenaunte in the tayle hys yssue maye well enter, for thys that by[Page]suche release nothing passeth but for terme of lyfe of the tenaunt in the tayle. In thesame maner yf the tenaunt in the tayle confyrme the estate of the lessee for terme of certayne yeres to haue and to holde to him and to his heyres thys is a discontinuaunce for this tha [...] nothing passeth by such confirmacion, but the estate that the tenaunt in the tayle hadde for terme of his lyfe.

¶Also yf tenaunt in the tayle by his dede graunt to another all his estate that he hath in the tenementes intayled to hym to haue [...] to holde all his estate to the other and to hys heyres for euer and delyuereth seysin accor­ding. In this case the tenaunt to whom the a­lienaciō was made hath none other estate but for terme of lyfe, and so it may well be proud that the tenant in the tail may not grant ne [...] ­lien ne make any rightfull estate of the franktenement to another parson but for terme of his owne lyfe. &c. for yf I geue certayne lande in the tayle to a man, sauyng the reuercion to me, and after the tenaunt in the tayle enfeof­feth another in fe, the feoffe hath no ryght e­state in the tenementes for two causes. One is for that by such feoffement my reuercion [...]s discontinued which is a wronger acte & not a rightfull act. Another cause is if the ten̄t dye & his issue sueth a writ of formed on agaīst the feoffe, the writ shal say & also the declaraciō y^t the feffe wrongfully hī deforced. &c. Ergo if he with wrōg hī deforced he had no right estate.

[Page 119]¶Also yf lande be let to a man for terme of hys lyfe the remaynder to another in the tayle yf he in the remayndre wyll graunt hys remaynder to another in it by his dede, & the tenaunt for terme of lyfe attourneth, thys is no dyscontynuaunce of the remayndre.

¶Also yf a man be tenaunt in the tayle of [...]owson in grosse or of common in grosse, yf he by his dede wyll graunt the auowson or the common to another in fee this is no dysconty­nuaunce, for in such case the graunte hath no estate but forterme of the tenaunt in the tayl that made this graunt. &c. Note wel that such thynges as passe by waye of graunte made by dede, and not by act in the countrey. &c. Such graunt maketh no discontinuaunce as in the case aforesayde and other lyke cases. &c. And howbeit that suche thynges be granted in fe, [...] fyne leuied in the kynges court. &c. yet thei make no discontinuaunce. &c.

¶Also yf a man be seased in tayle of lādes deniable by testamēt. &c. and he deuiseth it to another in fee, and dieth, and the other ētreth this is no discontinuance, for this that no dis­continuaunce was made in the lyfe of the te­ [...]ment in the tayle. &c.

¶Also if an abbot haue a reuercion or a rēt seruice or a rente charge, and wyl graunt that reuercion rent seruice or rent charge to ano­ther in fe and the ten̄t atturneth. &c. Thys is to discōtinuance. In the same man̄ it is wher [...] abbot is seased of auowsō or of such thīges[Page]that passe by way of graunt without liuere of seisin. &c

¶Also yf there be graunde father tenaunt in the tayle father and sonne, and the graund father is disseased by the father, and the father maketh a feoffement in fee without warran­tyse and dyeth, and after the graundfather dy­eth, the sonne maye well enter vppon the feoffe for thys that thys was no discontynu­aunce in so muche that the father was not seased by force of the tayle at the tyme of the feoffement. &c. but was seased in fee by dissey­sin made to the graundfather.

¶Also yf a woman inherite haue an husbād within age, whiche maketh a feoffemente of the tenementes of the wyfe and dieth, it hath been questioned if the wyfe maye enter or not And it semeth to some men that the entre of the wyfe after the death of her husbande shal be lawful in this case, for when her husbande made such a feoffement. &c. He myght wel en­ter notwithstanding suche feoffement duryng the couerture, and he myght not enter in hys own right but in the right of his wife. &c. Er­go such right that he had to enter in the right of his wife. &c. that right of ēter abideth to the wife. &c. after his decease, & it hath been sayde that if two iointenantꝭ being withī age make a feffem̄t in fe & one of the childrē dieth & that other suruiueth, insomuche y^e bothe chyldren might ent iointly in their liues, this ryghte of ent groweth al to hī y^e suruiueth, & so he maye enter into the hole. &c.

[Page 120]¶Also the heire of the husband that made the feffement within age may not enter, for thys y^t no right descendeth to such an heir in the cose aforesaid for this that the husband had neuer my thing but in the right of his wife. And al­so when a childe maketh a feoffement beyng within age, this shal neuer greue nor hurte hī but that he may well enter. &c. And this shuld [...]e against reason that such a feffemente made [...]y him that was not able to make such a feffe­ment shall greue or hurt other to Toll other of theyr entrees. &c. And for these causes it se­ [...]eth to some that after the death of suche an husbande so being within age at the tyme of the feoffement. &c. that hys wyfe maye wel en­ [...]er, &c.

¶Also yf a woman inheritrice taketh an hus­bande and hath issue a sonne, and the husband [...]eth, & she taketh another husband, and that [...]econd husband letteth the land that he hath ā the right of his wife to another for terme of [...] life, & after the wife dieth, & after the ten̄t [...]ne of life surrendreth his estate to the se­ [...] husband. &c. Enquere if the sonne of the [...]e may ent or not in this case vpon the se­cond husband during the life of the tenant for terme of life. &c. But it is clere lawe in thys [...]se that after the death of the tenaunte for [...]me of life, the son of the wife continue may [...] ent for this y^t the discontinuance y^t was [...]de al only for [...]m̄ of life is de [...]mined. &c. by [...] death of thesame tenāt for terme of life. &c

[Page]¶Also yf the parson or vicar of a churche a­lyen certayn landes or tenementes parcell of his glebe. &c. To another in fee and dyeth or resygneth. &c. his successour may wel enter.

Notwithstandyng suche alienacion as it is sayd in a Nota. Anno. ii. H. iiii. Termino Mi­chael is quod sic incipit nota quod dictum fui [...] pro lege. In a wrytte of accompte brought by the mayster of the colege that yf a parsone or a vycare graunt certayne landes that is of the ryght of hys churche to another and dyeth o [...] chaunceth that his successour maye enter. And I trowe that the cause is for this that the p [...] son or vicare that is seased. &c. In ryght of the symple dwellyng in none other parson. And for this cause his successour maye well enter notwithstandyng suche alienacion. &c. for a bi­shoppe maye haue a wryt of ryght of tenaunt of ryghte of hys Byshoppreycke, for [...] that the ryghte of fee symple abydeth in hym and in hys chapyter, and a Deane maye ha [...] a wrytte of ryghte et cetera, for thys that [...] ryghte abydeth in hym and his chapiter, and an abbot maye haue a wrytte of ryght, for th [...] that the right abideth in him, and in hys co­nent, et sic de aliis calibus consimilibus. &c but a parsone or a vycare maye not haue [...] wrytte of ryght. &c, but the hyghesse wry [...] that he maye haue is a wrytte, de iuris vni [...] the whyche is a great proofe that the ryght [...] of fee simple is in obeyaunce, that is to [...] all onely in the remembraunce entendeme [...] [Page 121]and consideration of the lawe, for me semeth that such a thinge in such a ryght that is sayd in diuers bookes to be in by obeysaunce is as muche to saye in latyn. S. talis res vel taie rectum que vel quod non est in homine ad tūc superstite sed tāto modo est et cōcistit in consideratione et intelligentia legis. &c. et quidem [...]lii dixerunt talem rem aut tale rectum fore in nubibus. &c.

But I suppose that they vnderstand by these wordes in nubibus. &c. I haue sayed before.

¶Also if a parson of a churche dye, nowe the franke tenemēt of the glebe of the parsonage i [...] no man duryng the time that the par [...]onag is voyde, but is in obeysaunce, that is to say, in consideration and intelligence of the law, [...]ll another be made parson of the same chur­che, and immediatly when an other is parson the franktenement in dede is to hym as suc­cessoure.

¶Also some men paraduenture wyll argue and saye, that so muche that the parson wyth the assent of the patrone and ordinarye maye graunt a Rent charge out of the glebe of his parsonage in fee, & so charge the glebe of the parsonage perpetuallye. Ergo they haue fee [...]ple, or two or one of them hath fee symple at the leaste. &c. to this it may be aunswered that it is principle in lawe, that of euery land there is a fee symple in some man, or elles the [...]e symple is in obeyaunce. &c. And onother principle is, that euery lande of Fee simple, [Page]&c. may be charged wyth a rente charge in fee, by one way or by another. &c. and whan suche rent is graunted by the dede of the parson the patron and the ordinarye in fee, none shall haue no preiudice or losse by force of such gra­unt. But the grauntours in their liues, and the heyre of the patron, and successour of the ordinary after their deceases, and after suche charge if the parson dye, his successour maye not come to the sayde churche to be parson of the same churche by the lawe. But by presēt­ment of the patron and admission and institution of the ordinary. &c. And for this cause it behoueth that the successour holde him contēt and agreed with that whiche his patron and ordinary lawfully haue done before. But the cause that suche rente charge is gone for thys that they whiche had entrees in the said churche, that is to saye, the patron after the lawe temporal, and the ordinary after the lawe spi­rituall were assented or parties vnto suche a charge. &c. & thus semeth the very cause that such glebe may be charged in perpetuite. &c.

¶Also if a byshop alyene landes whiche be [...] parcell of hys byshoppricke, and dyeth, this is a discontinuaunce to hys successoure, for thys that he ne maye not enter, but is put to hys writ. De ingressu sine assensu capituli. &c.

¶Also if a Deane alyen lande parcell of his Deantye and dyeth hys successour ne may not enter, but he may haue a wryt. Et ingressu si­ne assensu episcopi et capituli. &c.

[Page 122]But if the Deane, and the chapitre haue land to them, and to their successours in commen. &c. Howe be it that the Deane alyen suche landes, his successoures maye well enter for [...]his that the francke tenemente at the tyme of the alyenacyon was as well in the Chapi­tre as in the deane. But where the Deane is sole seased as in right of his deanry, than such alienacion is discontinuaunce to his succes­sure, as it is aforesayde. Also some men will argue and saye that if an Abbotte and his co­ [...]ente be seased in their demeane, as of fee of certaine lande to them and to their successors &c. and the Abbot without assente of hys Co­ [...]ente alieneth thesame lande vnto an other, and dyeth, this is a discontinuaunce to his successours. &c. and by the same they will say, that where a Deane and a chapitie be seased of certaine lande to them or to their succes­s [...]ures, if the Deane aliene the same landes. &c. this shall be a discontinuaunce to his suc­cesours. So that his successour ne maye not [...]e. &c. To this maye be aunswered, that [...]here is great diuersitie beetwene the sayde [...] causes, for whan an Abbote, and the co­ [...]ente be seased. &c. yet if they bee disseysed the Abbotte shall haue assyse in hys owne [...]me wythoute the namynge of hys Co­ [...]e. &c. And if a manne maye or will sue a [...]ecipt quod reddat of the same Landes than they bee in the handes of the Abbotte [...]d hys Couente, it behoueth that such an[Page]accion be sued agaynst the Abbot onely with­out namyng of the couent. &c. For this that al they be dead parsons in the lawe, saue onelye the Abbot that is Souerayne. &c. and this is cause of the souerayntie. &c. for elles he shold be as one of the other monkes of the couent. &c. But the deane and the chapitre be no dead parsons in the lawe. &c. For eche of them may haue an Accion by him selfe in diuers cases, and of suche landes or tenementes which the Deane and chapitre haue in commune. &c. of they be diseased, that the Deane and the cha­pitre shall haue assyse, & not the deane alone, and if an other wyll haue an Accion reall of such landes or tenementes agaynst the deane &c. it behoueth hym to sue agaynste the deane and chapitre, and not agaynst the deane alone &c. and so appeareth great diuersitie betwene these two cases. &c.

¶Also if the maister of an Hospitall discon­tinue certayne lande of hys hospitall, hys suc­cessours ne may not enter, but he is put vnto his writte. De ingressu sine assensu confirm̄e [...] sororum suorum, and all such wryts do pl [...] ­ly appere in the register. &c.

Remytter. Capi. xii.

REmytter is an auncient terme in the law and it is where a manne hath two titles t [...] lande or tenementes, that is to saye, of an elder tytle, and an other of the latter title, and he cometh to the lande by the latter tytle, ye [...] [Page 123]the Lawe adiudgeth him to bee in by force of the elder title, for this that the elder tytle is the more sure tytle; and the more worthy ti­tle, and then whan a man is iudged in by force of the more elder title, this is vnto hym sayde a remitter, for this that the lawe shall admit to be in the lande by the elder title, as if the tenaunte in the tayle, discontinue the tayle, and after he disseaseth his discontinue, and so [...]yeth seased, where by the tenementes descēd to his issue, as to his co [...]yn inheritable by force of the tayle, in this case this is to him to whō the tenementes descende, whiche hath ryght by force of the tayle, a Remitter in the tayle taken, for that that the lawe shall put and ad­ [...]udge hym to be in by force of the tayle, which is hys elder tytle, for if he shall be in by forte of discent, then the discontinue maye haue a writte of entre vpon the dysseasyn in the per, agaynst him, and recouer the tenementes, and [...]s damages but in so muche that he is in by [...]rce of the tayle, the title and the intresse of the discontinue, is all vtterlye adnulled and defeated. &c.

¶Also if tenaunt in the tayle in feoffe in fee, [...]s sonne or hys cosyn inheritable by force of the tayle, the whyche sonne or cosyn at the [...]e of feoffement is within age, and after the [...]enaunte in the tayle dyeth, and he to whom [...] feoffement was made in hys heyre by force [...]f the tytle in the tayle, thys is a remytter to [...] the heyre in the tayle, to whom the feoffe­ment[Page]is made. For howe be it that during the life of the tenaunt in the taile that made the feoffemente suche heire shall be adiudged by force of the feoffement, yet after the death of the tenaunte in the tayle, the heyre shall be adiudged in by force of the tayle. &c. and not by force of the feoffemente, and thoughe that suche an heire was of full age at the tyme of the deathe of the tenaunte in the taile that made the feoffemente, this maketh no matter if the heyre were wythin age at the tyme o [...] the feoffemente made to hym, and if suche a [...] heyre beynge within age at tyme of the feof­femente commeth to full age liuynge the te­naunte that made the feoffemente, and so be­inge of full age, he chargeth by hys dede the same lande wyth a comen of pasture, or wyth a rente charge, and after the tenaunte in the tayle dyeth. Nowe it semeth that the lande is discharged of an other estate in the lande, than he was at the time of the charg made, i [...] so muche that he is in his remitter by forc [...] of the taile, and so the estate that he hadde [...] the tyme of the charge is vtterlye defeated. &c.

¶Also a principall cause is, whye suche a [...] heire in the cases aforesaide, and other case [...] semblable shall be sayde in hys Remytter, [...] for this that there is no parson against wh [...] that he maye sue his writ of formedon, for a­gainst him selfe he maye not sue, and he may not sue against nonother, for none other is te­naunte in the franke tenement, and for tha [...] [Page 124]cause the lawe adiudgeth him in his remytter, that is to saie, in suche plight as he had law­fullye recouered the same lande agaynste an other.

¶Also if lande be tayled to a man, & his wife, and to the heire of their two bodies engēdred the which haue issue a daughter, and the wife dieth, and the husbande takaeth another, and hath issue an other daughter, and discontinu­eth the tayle, and after he dissey [...]eth the discontinue, and so dieth seased, now the lande des­cendeth to the two daughters. In this case is to the elder doughter that is inheritable, this is a remytter, but of the halfe, and as to the other halfe, she is put to her accion of for­medon against her sister, for in this case two sisters be not tenauntes in percenary, but be tenaunts in cōmen, for this that they be in by diuers titles, for the one sister is in her remitter by force of the tayle, as to that that vnto her belongeth, And the other sister is in as to that, that belongeth to her in fe simple by the discent of hir father. In the same maner it is if the tenaunt in the tayle enfeoffe his heyre apparaunt in the tayle being the heyre within age, and another iointenaunt in fe, and the te­nant in the tayle dieth. Now the heire in the tayle is in his remytter as to the half, & as to y^e other half he is put to his writ of form̄d. &c

¶Also if tenāt in the tayle enfeoffe his heire apparāt, the heir being of ful age at time of y^e feoffem̄t & after the ten̄t in tayle dieth this is[Page]no remitter to the heyre, for thys that it was hys owne follye, that he beynge of full age woulde take suche feoffement. &c. But suche foly may not be adiudged in the heyre beynge wythin age, at the tyme of the feoffement. &c.

¶Also if tenaunt in the tayle enfeoffe a wo­man in fee, and dyeth, and hys issue wythin age taketh the woman to wyfe, this is a remitter to the chylde, and the wyfe than hath no­thinge, for this that the husband and the wife ben but one parson in the lawe. And in that case the husbande may not sue a writ of For­medon, but if that he wyll sue agaynste hymselfe, the whiche shalbe inconuenient, and for that the lawe iudgeth the heyre in his remyt­ter for this that no foly may be areted to him beynge wythin at the tyme of the spousayles. &c. And if the heyre be in hys remitter by for­ce of the tayle, it foloweth by reason that the wyfe hath nothing. &c. for in so muche that the husbande and the wyfe be but one parson, the lande maye not be seuered by halfes, and for suche cause the husbande is in hys remitter of the whole. But otherwyse it is, if suche an heyre be of full age, at the tyme of the spou­sayles, that than the heyre hath nothinge but in the ryght of his wife.

¶Also if a woman seased of certayne land in fee, taketh an husbande, the whyche alieneth the same lande to an other in fee, and the ali­enee letteth the same lande to the husbande and the wyfe for terme of their two lyues, sa­uynge[Page 125]the reuersion to the lessoure, and to the heyre, in thys case the wyfe is in hys remyt­ter, and she is seased in dede in her demeane as in fee, as she was before, for thys that the takynge of estate shalbe adiudged in the lawe, the dede of the husbande, and not the dede of the wyfe, so that no follye maye be iudged in the wyfe that is couert in suche case. And in this case the lessour hath nothynge in the re­uersion for thys that the wyfe is seased in fee. But in thys case if the lessour wyll sue an ac­cion of waste agaynste the husbande and hys wyfe, for thys that the husbande hathe made waste, the husbande may not barre the lessor for to shewe thys that the takynge of estate made vnto hym and to hys wyfe made a Re­mytter to hys wyfe, for this that the husband stopped to saye thys agaynste hys feoffement, and owne reprysell of estate for terme of lyfe to hym and hys wyfe, and yet the lessour hath no reuersion, for thys that the fee simple is in the wyfe, so a manne may se a matter in this case, that a man shall be stopped by a matter in dede, thoughe no writynge by dede inden­ted or otherwyse be therof made. But if an accion of waste, the husbande make defaut at the graunde distresse, and the wyfe prayeth to be receyued, and is receyued, she shall well shewe all the matter, and how she is in her re­mitter, and shall beare the lessoure of hys ac­cion. For in euery case that the wyfe is recey­ued for defaut of her husbande, she shal pleade[Page]and haue the same aduantage in pleadyng as she were a woman sole. And howbeit that the alienee made the lease to the husbande & his wyfe by dede endented, yet this is a remytter to the wife, and though the aliene yelded the same lande to the husbande and his wife by fine for terme of their liues, yet this is a re­mytter to the wyfe, for this that the wyfe co­uert that taketh estate by fine shall not be ex­amined by the Iustices. And here note well that when any thinge shall passe fro the wyfe that is couerte of husbande by force of a fyre the husbande and his conisaunce of right to another. &c. or make a graunt and yelde to an other, or release by a fine to an other. Et sic de similibus where the right of the wife pas­seth fro the wife by force of the same, the wyfe in all suche cases shalbe examined before that the fine be accepted. And such fines cōclude suche wiues couerte for euer. But where no­thinge is moued in the fine, but all onely that the husband and the wife take estate by force of the same fine, this shall conclude the wyfe for this that in suche case she shall neuer be examined.

¶Also if tenant in the tayle discontinue the tayle and hath a doughter and dieth, and the doughter beinge of full age taketh an husbād, and the discōtinuaunce maketh a lease of this to the husbād & his wife for terme of their li­ues, this is a remytter in dede of y^e wife, & the wife is in bi force of the taile, causa qua supra

[Page 126]¶Also if lande be geuen to the husband and his wife to haue and to holde to them and to the heyres of their two bodies begotten, and after the husbande alieneth the lande in fee, and taketh againe an estate to him and to his wife, for term of their two liues. In this case this is a remytter in dede to the husband and the wife maugre the husbande, it may not be a remitter to the wife, excepte it be a remytter to the husbande, for this that the husband and his wife be but one parson in the lawe, thou­gh y^t the husband is stopped to claime, this to be a remytter in him agaynste his alienacion and his owne repriseli as it is aforesaide.

¶Also if Lande be geuen to a woman in the tayle, the remaindre to another in the tayle, the remaindre to the thirde in the tayle, the remaindre to the fourthe in fee, and the wyfe taketh an husbande, and the husbande discon­tinueth the lande of the wyfe, by this discon­tinuaunce all the remayndres be discontinu­ed. for if the wife dye without issue, they in the remayndre shall haue no remedye, but to sue their writtes of formedon in the remayndre whan they come to their tyme. &c. But if af­ter suche discontinuaunce estate bee made to the husbande and his wyfe for terme of their two lyues, or for terme of an others life, or an other estate. &c. for this that this is a re­mitter to y^e wife, this is a remitter to al those in the remayndre. &c. for after this that the wyfe that is in her remytter dyeth wyth­out[Page]issue they in the remayndre may enter. &c. wythout anye accion or sute. &c. In the same maner it is of them which haue the reuercion after such tayle. &c.

¶Also if a man let a house to a woman for terme of her lyfe, sauyng the reuersion to the lessoure, and after one sueth a faynte and faile accion agaynste the woman, and recouereth the house agaynste her by defaute, so that the woman may haue agaynst hym a writ. Quod ei deforciat, after the Statute of westm̄ the second, capitulo .iiii. now is the reuersion of the lessoure discontinued, so that he ne may haue no accion of waste. But in thys case if the woman take an husband, and he that recouereth letteth the house to the husbande and hys wife for terme of their two liues, the wyfe is in her remitter by force of the fyrst lease. And if the husbande and the wyfe make waste, the fyrste lessour shall haue against hym a wryt of waste for thys, that in so muche that the wyfe is in her remitter, he is remitted to his reuersion.

But it semeth in thys case if he that here co­meth by the false accion, wyll brynge another writ of waste agaynste the husbande and hys wyfe, the husbande hath no remedy agaynste hym, but to make defaut at the great distresse. &c. And to cause the wife to be disceyued and to pleade the matter agaynst the second lessor, and to sweare that the accion by which he re­couered, was false and fayned in the lawe, & so the wyfe may barre. &c.

[Page 127]¶Also if the husbande discontinue the lande of his wife, and after taketh estate to him and to his wyfe, and to the thyrde man for terme of their lyues, or in fee, thys is a remytter to the woman, but as to the moyte. And as for the other moyte it behoueth her after the de­ath of her husbande to sue a Cui in vita.

¶Also if the husbande discontinue the lande of his wyfe, and go ouer the sea, and the discō ­tinue let the same lande to the womanne for terme of lyfe, and deliuer to her seasyn, & af­ter the husbande cometh and agreeth to that lyuereth her seasyn, thys is a remitter to the woman, and yet if the woman had ben sole at the tyme of her lease made to her, thys should be to her a Remytter, but in so muche as she was couert baron at the tyme of the lease, and the lyuere of seasyn made to hyr, though that she onely take the lyuere of seasyn, thys was a remytter to her, because a womanne couert shall be adiudged as an infante wythin age in such case. &c. Enquyre in thys case if the hus­bande when he commeth agayne wyll disagre to the lease and lyuere of seasyn made to hys wyfe in hys absence if thys shall put the wo­man fro her remytter.

¶Also if the Husbande discontinue the tene­mentes of hys wyfe, and the discontinue is disseased, and after the dysseasoure letteth the layde tenementes to the husbande & his wife for term of lyfe, thys is a remytter to the wife but if the husband and the wyfe were of couyn[Page]or consent that the disseysin shoulde be made, than it is no remytter to the wife, bicause she is a disseysouresse. But if the husbande were of couyn and consent to the disseysyn, and not the wife, then such lease made to the wife is a remytter, bycause that no defaute was in the wyfe.

¶Also if such a discontinuee had made estate of free houlde to the husbande and the wyfe made by endenture vpon condicion S. reser­uinge to the discontinuee a certaine rent, and for defaute of payment a reentre, and bicause that the rente is behinde, the discontinue en­treth of this entre the woman shall haue as­syse of nouel disseysin after the death of her husbande agaynste the discontinuee, bicause that the condicion was wholly adnulled, in so much as the woman was in her remytter, yet the husbande with his wife coulde not haue assise bycause the husbande is stopped.

¶Also if the husbande discontinuee the tene­mentes of his wyfe, and taketh estate againe for terme of his lyfe, the remayndre after hys dissease to his wyfe for tearme of her lyfe, in this case, this is no remytter to the wife du­ringe the lyfe of her husband, bicause that du­ringe the life of the husbande, the wyfe hathe nothing in the free holde but in this case the wife ouer liue the husband, this is a remitter to the wife bicause that a fre holde in lawe is fallen vpon her maugre her will, & in so much that she can haue no accion agaynste none o­ther [Page 128]parson, and agaynst herself she can haue no accion, therfore she is in her remytter. For in this case though that the woman enter not in the tenementes, yet a straunger that hathe cause to haue Accion maye sue his accion a­gainst the woman of the same tenementes bi­cause she is tenant in lawe, though she be not tenaunte in dede, for tenaunte of franktene­ment in dede is hee, that if he be disseysed of franktenement may haue assise, but the tenāt in the lawe before his entre shall haue no as­sise, and if a man feyfed in fee of certayne lād hathe issue a sonne whiche taketh a wife, and the father dyeth seysed, and after the Sonne dieth before anye enter made by him into the lande, the wyfe of the sonne shall be endowed in the lande, and yet he had no franke tene­ment in the dede, but he had a fee and a frank tenement in lawe, and so note wel that a pre­cipe quod reddat, may as well be mayntened against him y^t hath the frāktenem̄t in law, as agaynst him that hath franktenement in dede.

¶Also if a tenaunt in the tayle hawe issue. i [...] Sonnes of full age, and he letteth the tayled lande to the elder sonne for terme of his lyfe, the remayndre to the yonger sonne for terme of his life, and after the tenaunt in the tayle dieth. In this case y^e elder sōn is not in his remitter bicause he toke estate of his father, but if thelder son die without issue of his body thē this is remitter to the yonger brother bicause he is heyre in the taile and a franketenement[Page]in lawe, is fallen vpon him by force of the re­mayndre, and there is none agaynste whome he may sue hys accion. &c. In the same maner it is where a man is disseased and the dyssey­sour dyeth therof seased, and the tenementes discende to his heyre and the heyre of the dis­seasour maketh a lease to a man of the sayde tenementes for terme of lyfe the remayndre to the disseasour for terme of lyfe or in tayle, or in fee, and the tenaunt for terme of life dyeth. Nowe this is a remytter to the dysseasy. &c. Causa qua supra.

¶Also if tenaunt in the tayle enfeoffe his son and an other of the tayled lande in fee, and ly­uer [...] of seasyn is made to the other accordyng to the dede, the sonne not knowynge therof, nor agreynge to the feoffemente, and after he that toke the lyuere of seasyn dyeth, and the sonne occupieth not the lande nor taketh any profite of the lande duryng the lyfe of his fa­ther, and after the father dyeth, nowe this is a remytter to the sonne, bycause the freholde is fallen vpon hym by the suruyuour and no defaut was in hym, bicause he neuer agreed. &c. In the lyfe of hys father, and there is no [...] agaynst whom he may pursue his writ of Formedon. &c. For if a man be disseased of certain lande, and the disseysour maketh a dede of fe­offement, wherof he enfeoffeth. B.C. and D. And the liuere of seysyn is made to B. and C but D. was not at the lyuere of seysyn nor ne­uer agreed to the feoffement nor neuer wold, [Page 129]take the profites. &c. And after B. and C. dye, and. D. ouer liueth them, and the dysseisi bri­geth his writte, sur disseisin in the per, agaīst thesame shall sue all the matter and how that he neuer agreed to the feoffement, and so he shall dyscharge hym selfe of damages so that the demaundaunt shall recouer no damage a­gaynst hym though that he be tenant of frank tenement of the lande. And yet the statute of Glocester wyll that the disseisi shall recouer damages on a wryt of enter grounded vppon the nouell disseysyn agaynst hym that is found tenaunt. And this is a proofe in the other case that in so muche as the issue in the tayle co­meth to the franktenement & not by his dede nor by his agrement that after the deth of his father this is a remitter to hym, insomuche y^t he can sue an accion of formedon agaīst none other parson.

¶Also yf an abbat alyene the lande of hys house to another in fee, and the alyen by hys dede chargeth the lande with a rent charge in fee, and after the al [...]n enfeoffeth the abbot with lycence to haue and to hold to the abbot and his successours for euer, and after the ab­bot dyeth, and another is chosen and mad ab­bot. In thys case the abbot that is the suc­cessour, and hys couent bee, in theyr remitter, and shall holde the lande dyscharged, be­cause that the same abbot cannot haue anye accyon of wryt of enter. Sine assensu ca­pituli of thesame landes agaynste none other[Page]parsone. In thesame maner it is where a by­shop or a deane or other suche parsons alyen. &c. without assent. &c. And after the byshoppe taketh estate agayne of the sayde lande by ly­cence to him, and to his successours, and after the byshop dyeth his successour is in his remit­ter as in the right of his church, and shall de­fete the charge. &c. causa qua supra.

¶Also if a man sue a false accion agaynste tenaunt in the tayle, as if a manne wyll sue a­gainst him in wryt of enter in the post, sup­posyng by his writ that the tenaunt in the tail had not his entre but by A. of. B. that dissea­sed, the graundfather of the demaundant, and that is false, and he recouereth against the te­naunt in the tayle by defaute, and sueth exe­cucion, and after the tenaunt in the tayle dy­eth, his issue maye haue a wryt of Forme do [...] agaynste hym that recouered and yf he wyll plede the recouere agaynst the tenaunt in the tayle, the yssue maye saie that the sayd A. of. B disseased not the graunde father of hym that recouered in the maner as his writ supposeth and so he shall falsefye his recouere. Also sup­pose that that was true that the sayde. A. of B. dysseased the graunde father of the demaū ­daunt that recouered, and that after the dis­seysyn the demaundaunte or his father, or his graundefather, by a dede hadde released to the tenaunt in the tayle all the ryght that he hadde in the lande. &c. And this notwyth­standyng he sueth his writ of enter in the post [Page 130]agaynst the tenaunt in the tayle in the maner as is aforesayde, and the tenaunt in the taile pledeth to hym, that the sayde A. of B. dyssei­sed not his graundfather as his wryt suppo­seth, and vppon thys they be at issue, and the issue is founde for the demaundaunt whereby he hath iudgement to recouer and sueth exe­cucion and after the tenaunt in the taile dieth his issue may haue a wryt of formedon against him that recouered. And yf he wyll plede the recouere by accion tryed against his father tenaunt in the tayle, then he maye shewe and plede the release made to his father, and so the accion that was sued was faynt in the law &c. And it semeth that faynt accyon is asmuch to saye in Englishe, fayned accyon, that is to saye, suche accyon that though the wordes of hys wrytte be true yet for certayne causes he hath no cause nor tytle by the law to reco­uer by thesame accion And false acc̄ is where the wordes of the writ be false and in the two cases beforesayde yf the case wer such that af­ter such a recouere, and execuciō therof made the tenaunt in the tayle had disseised him that recouered and thereof dyed seased whereby the lande also descended vnto hys yssue this is a remitter to the yssue and the yssue is in by force of the tayle, and for that cause I haue putte these twoo cases beforesayde to en­fourme thee my sonne, that yssue in the taile by force of a dyscente made to hym after a[Page]recouere, and execucion therof made agaynste his auncester may be as well in hys remitter as he should be by dyscent made to hym after a dyscontinuaunce made by his ancester of the tayled landes by feoffement in the countrey or otherwyse.

¶Also in thesame case aforesayd yf the case wer such that after the demaundant had iudgement to recouer agaynst the tenaunt in tayle, and thesame tenaunt in the tayl died before any execucion had agaynst hym whereby the tenementes descende to his yssue, & he that recouered such a scire facias to haue execucion of the iudgement agaynst the issue in the taile the issue shall plede the matt as before is sayd and so shall proue that the recouere was false or faynt in the law, and so shall barre hym to haue execucion of the iudgement. &c.

¶Also yf tenaunt in the tayle dyscontinue the tayle and dye, and his issue bringeth a writ of Formedon against the discontinue being te­naunt of the freehold of the lande, and the dis­contynue pledeth that he is not tenaunte but otherwyse dysclaymeth fro the tenancy in the lande, in this case the iudgement shalbee that the tenaunt goe without day and after suche iudgemente the issue in the tayle that is de­maundaunt maye well enter in the land not­withstandyng the dyscontynuaunce. And by suche enter he shalbe adiudged in his remyt­ter, and the cause is because that yf any māne sue a precipe quod reddat agaynst any tenaunt [Page 131]of free holde, in whiche accion the demaundāt shall not recouer damages, and the tenaunte pledeth not nontenure but otherwyse dysclaymeth in the tenauncy, the demaundaunt maye not auerre his writ that he is tenaunt as the wryt supposeth. And for that cause the de­maundaunt after that, that iudgement is ge­uen that the tenaunt shall goe without daye, maye enter into the tenementes demaunded, the whiche shall bee as great aduauntage to hī in the law as yf he had iudgement to recouer agaynst the tenaunt. And by suche enter he is in his remitter by force of the tayle, but by wryt the demaundaunt recouereth damages agaynst the tenaunt, the demaundaunt may a­perre that he is tenaunt as the wryt suppo­seth, and that for the auauntage of the demaū ­daunt for to recouer his damages, or elles he shall not receiue his damages the which da­mages be or wer geuen hym by the law.

¶Also yf a man be disseased and the dissey­sour dye his heyre beyng in by discent now the entre of the disseisi is taken away. And yf the dysseysy bryng his wryt of enter vpon the dys­seisin in the par, agaynst the heyre, & the heire disclaymeth in the tenauncy. &c. the demaun­daunt may auerre hys wryt, that he is te­naunt as the wryt supposeth yf he wyll, for to recouer hys damages. But yet yf he wyl leaue the auerrement et cetera, he maye law­fully enter into the lande, because of the dys­claymer, notwithstandyng that hys enter[Page]before was taken away. And that was adiud­ged before my maister sir Robert Danby late chiefe iustice of the common place, and his cō ­paignions.

¶Also where the enter of a man is lawful though that he take estate to hym when he is of full age for terme of life, or in tayle, or in fe, this is a remitter to him if such taking of e­state be not by dede indented or by matter of recorde that shall conclude or stoppe hym. For yf a man be disseased and therof taketh estate of the disseisor withoute mede or by dede pol, that is a good remitter to the disseisi.

¶Also yf a man let land for terme of lyfe to another which alyeneth to another in fe, and the alie nor maketh estate to the lessour, thys is a remitter to the lessour because hys entre was lawfull.

¶Also if a man be disseised and the disseisor letteth the lande to the disseisi by dede poll or without dede for terme of yeres, wherby the disseisi entreth, this enter is a remitter to the disseisi. For in suche case where the enter of a manne is lawfull, and a lease is made to hym though that he clayme by wordes in the coun­trey that he hath estate by force of such lease or sayth openlye that he claymeth nothyng in the lande, but by force of suche lease, yet thys is a remitter to hym, for suche clayme in the countrey is nothing to purpose, but if he claim̄ in the court of recorde that he hath estate but by force of suche lease and not otherwise then[Page 132]he is concluded. &c.

¶Also yf two ioyntenauntes seased of cer­tayn land yn fee the one being of full age the other within age be disseised, and the disseisor dieth seased & his issue entreth, the one of the ioyntenauntes beyng then within age, and af­ter that he cometh to full age, the heyre of the disseisour letteth the lande to the same ioynte­naunt for terme of theyr liues, this is a remitter as to the halfe to hym that was withī age beecause that he is seased of that moyte that belongeth to hym in fee, because his ent was lawfull. But the other ioyntenaunt hath in the other halfe but estate for terme of lyfe by force of the lease because his entre was taken awaye. &c.

¶ Warrantye. Cap. xiii.

IT is commonly sayd that there be thre ma­ner of warrantyes, that is to saye, warran­tie lineal, warrantie collaterall, and warranty that begynneth by disseisyn. And it is to wyt that before the statute of Glocester all warrā ties whiche descended to them whyche were heires to them that made the warrantie were barres to thesame heires to demaunde anye landes or tenementes against those warrāties except the warranties that began by dysseisyn for such warrantie was neuer bar to the heire because the warranty began by wrong that is to say by disseisin.

[Page]¶Warranty that begynneth by disseysin is such forme. As wher ther is father and sonne, & the sonne doth purchase land. &c. and letteth thesame land to his father for terme of yeares & the father by his dede therof enfeoffeth ano­ther in fe, and byndeth him and his heyres to warranty, and yf the father dye whereby the warranty descendeth to his sonne, thys war­ranty shal not barre the sonne, for notwithstā ­ding this warranty the sonne may well enter in the land or haue an assise agaynst the alyen yf he wyll, because the warranty began by dis­seisin. For when the father that had no estate but for terme of yeres made a feoffem̄t in fe, this was a disseisin to his sonne of franktenement that then was in the sonne. In thesame maner it is if the sonne let vnto the father the land to hold at wyll and after the father ma­keth a feoffement with warranty. &c. And as it is sayd of the father so may it be said of eue­ry other auncester. &c.

¶In thesame maner it is if tenant by elegit, ten̄t by statute marchant or tenaunt by statute staple make a feoffement in fee with warranty &c. this shal not barre the heir y^e ought to haue the land because that such warranties begyn­neth by disseisin.

¶Also yf wardein in chiualry or wardeyn in socage make a feoffement in fe or in fe taile for tme of life w^t warranty. &c. Such warranties be no barres to the heires to whō the lād shal discend because that thei begin by disseisin.

[Page 133]¶Also yf the father and the sonne purchase certayn landes or tenementes to haue and to hold to them iointly. &c and after the father a­lyeneth the whole to another & bindeth him & his heires to warranty. &c. & after the father dieth, this warranty shal not barre the sonne of the moite that belonged to him of thesame te­nementes, because that as to the moite that be longed to the sonne the warranty beganne by disseisin.

¶Also if A. of B. be seased of a mese &. F of. G y^t hath no right enter into thesame mese clay­ming to hold thesame mese to him and to hys heires but A. of B. then is continually dwel­ling in thesame mese. in this cause the poss [...]ssi­on of the franktenement shall bee alwaye ad­iudged in A. of B. & not in F. of G. because y^t in suche case where two be in one mese, or in other tenementes, & the one claymeth by one title & the other by another title the law shall adiudge him in possession y^t haue right to haue the possession of thesame tenement. But in the case aforesayde yf F. of G. make a feoffement to certayn barre tours and extorcioners in the countrey for to haue maintenance of them of the same mese by a dede of feoffement wyth warranty by force of which the said A. of .B. dare not dwell in the same mese but goeth out of thesame mese, this warranty beginneth by disseisin, because that such a feoffemente was cause that the sayd A. of B. left the possessiō of thesame mese.

[Page]¶Also yf a manne that hath no ryght to enter in anothers tenementes entre into the sayde tenementes and incontinent maketh a feoffement to other parsons by his dede with warrantie and deliuer to them seisyn, thys warranty begynneth by disseisin, because that the disseisin and the feoffement were made as it were at one tyme. And that thys is law, ye maye see it in a plee. Anno. xxxi. E. ii [...]. ī a writ of Formedon in the reuercion.

¶Warrantye lyneall is where a manne se­ased of certayne lande in fee, maketh feoffe­m̄t by hys dede to another, & bindeth him, and his heyres to warranty, & hath yssue & dyeth & the warranty descendeth to hys yssue this is a lineal warrāty. And the cause why this is a li­neall warrantie, is not because y^t the warranty discendeth from the father to his heire, but the cause is because that yf no such dede with warrantye had been made by the father, than the ryght of the tenementes should discend to the heyre, and the heire should conuey the dyscent from the father. &c. For yf there be father and sonne, and the sonne purchase tenementes in fee, and the father disseaseth the sonne thereof and alyeneth it to another in fee by hys dede and by thesame dede byndeth hym and hys heyres to warrante thesame tenementes et cetera. And the father dyeth nowe is the sonne barred to haue the sayde tenementes for he maye by no sute nor by any other mese haue the sayde tenementes because of the sayd[Page 134]warrantye. And that is a collaterall war­rantye and yet the warrantye descended lyne­ally from the father to the sonne. But because that yf no suche dede wyth warrantye hadde bee made the sonne in no maner myght con­ueye the tytle that he hath of the tenementes from hys father to hym in so muche that hys father hadde no estate nor ryght in the tene­mentes, therfore suche warranty is called col­laterall warrantye. In so muche that he that made the warrantie is collaterall to the tytle of the tenementes, and that is as muche to saye that he to whom warrantye descended, coulde not conueye the tytle that he hadde in the tenementes by hym that made the war­rāty ī this case if no such warrāty had be made

¶Also yf there bee graundefather, fa­ther and sonne, and the graunde father is dysseased in whose possessyon the father re­leaseth by hys dede with warrantye et cetera. And dyeth, and after the graunde father dy­eth, nowe is the sonne barred of the tenemētes by the warrantye of his father, and this is cal­led lyneall warrantye, because that yf no suche warrantye hadde bee made, thesame mighte not haue conueyed the ryght of the tene­mentes to hym nor shewe howe he is heyre to the graunde father, but by meanes of the father. &c.

¶Also yf a manne haue yssue three sonnes and is dysseysed and the elder sōne releaseth to the disseisour by his dede with warrantye. &c.[Page]and dyeth without issue, and after this the fa­ther dieth this is a lineal warranty to the yō ger sonne, because that though the elder sonne dyed in the lyfe of the father, yet by possibility it myght be that he myght conuey to hym the tytle of the lande by hys elder brother, if no such warranty had bee made. For it might be that after the death of the father the elder brother entred into the tenemētes & died without issue, and then the yonger sonne shall conuey to hym the tytle by hys elder brother. But in thys case if the yonger sonne release with war­ranty to the dysseysour and dyeth without ys­sue, this is a collaterall warranty to the eldest sonne, because that of suche lande as was to the other, the elder brother by no possibilitye might conuey to him the title by meane of the yonger brother.

¶Also yf tenaunt in the tayle haue yssue thre sonnes and discontinue the tayle in fe, and the myddle sonne releaseth by his dede to the dis­continue and bind him and his heires to war­rantise. &c. and after the tenaunt in the tail die and the middle dieth without issue now is the elder sonne barred to haue any recouere by a wryt of formed on because that the warrantye of the middle brother is collaterall to hym, in somuch that he may by no maner conuey to hi by force of the tayle any discent by the mydle brother, and therfore it is a collaterall warrā ­tye. But ī this case the elder brother die with­out issue, nowe the yonger brother may wel[Page 135]haue a formed on to the descendre and reco­uer thesame lande, because that the warranty of the myddle brother is lineall to the yongest brother, because it may be that by possibilitye the myddle brother may be seased by force of the tayle after the death of his elder brother, and then the yongest brother maye conuey hys tytle of discent by the myddle brother. &c.

¶Also yf tenaunt in the tayle discontynue the tayle and hath issue, and dye and the vncle of the issue relese to the discontinue with warrantye and dye without issue this is a collate­rall warrantie to the issue in the tayle, because that the warrantye discendeth vpon the issue, which cannot conuey himselfe to the tayle by meane of his vncle.

¶Also if tenaunt in the tayle haue issue .ii. doughters and dye, and the elder doughter en­treth not into the whole, and thereof maketh a feoffement in fee with warranty, and after the elder doughter dyeth without yssue, in this case the yonger doughter is barred as to the moy [...]e, and as to the other half she is not bar­red for as to the moite that belongeth to the yōger doughter she is barred, because that as to the moue that belongeth to her she cannot conuey the discent by the meanes of her elder syster. And therefore as to that moyte, that is a collaterall warrantye, but as to the o­ther moitye whiche belonged to her elder sy­ster by thesame elder syster the warrantye is no barre to the younger syster because[Page]that she may conceyue her discent as to that moyte that belonged to her elder by thesame elder syster. And so as to that moyte that be­longed to the elder sister the warrantye as to that is lyneal to the yonger sister. &c.

¶And note well that as to hym that de­maundeth fe symple by any of hys auncesters she shalbe barred by lyneall warrantie which dyscendeth vppon hym, except it be restrayned by some statute, but he demaundeth fee tayle by a wrytte of Formedon in the descendre shal not be barred by lyneall warrantte, except he haue ynough by discent in fee simple by the­same auncester that made the warrantie, but a collaterall warrantie is barre to hym that de­maundeth fee, and also to hym that demaun­deth fee tayle, without any other discent of fee symple except in cases that bee restrayned by the statute, and other cases for certayn causes as shalbe sayd hereafter.

¶Also yf lande be geuen to a man, and to his heires of his body begotten the which ta­keth a wyfe, and haue issue a sonne betwene them, and the husbande discontynueth the tail in fee, and dyeth, and after the wyfe relea­seth to the discontinuee in fee, wyth warran­tie and dyeth, and the warrantie discendeth to the son. This is collateral warrantie, but if tenem̄tes be geuē to the husband and the wife and to the heires of their two bodyes begotten which haue issue a sonne, and the husband dis­contynueth the tayle and dyeth, and after the [Page 136]wyfe releaseth with warrantie and dieth thys warrantie is but a lyneall warrauntie to the sonne, for the sonne shal not be barred in this case to sue his writ of Formedon excepte he haue ynough by discent in fee symple by hys mother because that theyr yssue in a writte of Formedon ought to conuey to hym the ryght as heyre to his father & to his mother of theyr twoo bodyes begotten by fourine of the gyft. And so in suche case the warrantye of the fa­ther and the warrantie of the mother be but as lineal warrāties to the heire. &c. And note well that in euery case where a man demaun­deth tenemen [...]es in fee taile by a writ of For­medon, if any of the issue in the tayle that had possession or that hath no possession make a warrantie. &c. yf he that sueth the wryt of forme­don myght by any possibilitye by matter that might be in dede cōueide to hī by hym y^t made the warrauntye by the fourme of the gyfte.

Thys is a lyneall warrauntye, and not col­laterall.

¶Also yf a manne haue issue three sonnes, and he geueth land to the eldest sonne to haue and holde to him to the heires of hys bodye begotten, and for defaute of suche yssue the re­maynder to the myddle sonne to hym, and to the heires of his bodye begotten, and for defaute of suche issue the remaynder to the yō ­gest sonne, and to his heyres of his body be­gotten in thys case yf the eldest sonne dyscō ­tynue the tayle in fee and bynde hym, and his[Page]heyres to warrantye to dye without issue, this is a collaterall warrantie to the mydle sonne and he shall be barred to demaunde thesame lande by force of the remaynder, because that the remaynder is hys tytle, & his eldeste bro­ther is collaterall to the title which begineth by force of the remaynder.

¶In thesame maner it is if the middle sōne had thesame lande by force of the remaynder, because that his eldest brother made no dyscō ­tynuaunce but dyed without yssue of hys body and after the myddle sōne maketh a dysconty­nuaunce with warranty, &c. and dyeth wyth­out issue, this is a collateral warraunty to the yongest sonne and also in this case yf anye of the sayd sonnes be disseased, and the father, y^t made the gyft release to the disseysour all hys ryght. &c. with warrantie, this is a collaterall warranty to that sonne vpon whom the war­rantie descended causa qua supra. And so note well that where a manne that is collateral to the title, &c. releaseth with warrantye that is a collaterall warrantie.

¶Also if the father geue lande to his elder sonne to haue & to hold to him & to the heyres males of his body begotten the remainder to the second son. &c. yf the eldest brother alyen in fe with warranty. &c. & hath issue female and dieth without issue male this is not a collate­rall warrantye to the seconde sonne, nor shal not hurte hym of hys accion by Formedon in the remaynder beecause that the warrantye[Page 137]discendeth to the doughter of the eldest sonne, and not to the seconde sonne. For euery warā ­ty that discendeth, discendeth to him that is heire vnto him whiche made the warantye by the commen lawe. &c.

¶Also if lande be geuen to a man and to hys heyres males of his bodye begotten, and for defaute of such issue the remaindre therof to his heires females of his bodye begotten, and after the donee in the tayle maketh a feoffe­ment in fee with warenty accordyng, and hath issue a sonne and a doughter, and dyeth, thys warenty is but a lineal warenty to the sonne to demaunde by writ of Formedon in the dis­cendre. And it is but lineall to the doughter to demaunde the same lande by write of For­medon in the remayndre, if her brother dye without heire male, bicause that she claymeth as heire female of the body of her father be­gotten. But in this case if her brother in hys life release to the discontinuee. &c. with waranty. &c. And after dye without issue, this is a collaterall waranty to the doughter, bicause that she can not conueye to her the right that shee hath by force of the remaindre by anye meane of discent by her brother, and therfore the brother is collaterall to the title of his sister, and therfore his waranty is collaterall. &c.

¶Also I haue hearde saye that in the time of kinge Richarde the seconde there was a iu­stice in the commen place dwellyng in Kent, called Rikhyll, that had issue diuers sonnes.

[Page]And hys entent was, that hys eldest sonne shoulde haue certayne landes to hym and the heyres of hys bodye begotten, and for de­faute of yssue, the remayndre to hys seconde sonne and so foorth. And so the thyrde sonne & cetera. And because that he woulde that none of hys sonnes should alien or make warrantie for to barre or to hurte that other that should be in the remayndre &c. He caused to be made an indenture to suche effect, that is to say that the landes and tenementes were ge­uen to hys eldest sonne vpon thys condicion, that yf the eldest sonne aliened in fee or in fee tayle &c. or any of hys sonnes aliened &c. that then theyr estate should cease and shoulde be voyde, and that then the sayd landes or tene­mentes immediatly should remayne to the se­cond sonne and to the heyres of his body be­gotten, and that vpon thesame condicion. S. that if the second sonne alien &c. that then his estate should cease, and that than thesame landes and tenemētes should remayn to the third sonne, & to the heyres of hys body begotten & so forth, the remaindre to other of his sonnes and liuere of seisin was made according. But it semeth by reason that all such remayndres in the forme beforesayde he voyde, and of no value, and that for .iii. causes. One cause is because that euery remaindre that beginneth by a dede, it behoueth that the remayndre be in him to whom the remayndre is tayled by force of thesame dede when the liuerey of sei­sin [Page 138]is made to hym that hath the franke tene­ment. And such remayndre was not at the se­cond sonne as the tyme of liuerey of seysyn in the case beforesayd &c.

¶The seconde cause is yf the fyrst sonne aliene the tenementes in fee, then is the frāk­tenement and the fee symple in the alyenee and in none other, and if the donour had any reuercion by suche alienacion, the reuercion is dyscontinued, then though that by some rea­son it may be that suche remayndre shall be­gynne hys beyng and hys growyng. Immedi­atly after suche alienacyon made to a straun­ger that hath by thesame alienacion, franke­tenement and fee symple, and also yf such re­mayndre should bee good, then myght he en­ter vpon the alyenee where he had no maner of ryght before the alienacyon, which should be inconuenient. The third cause is when the condicion is such that if the eldest sonne ali­en &c. That hys estate shall cease, or shall be voyde. &c. then after suche alienacion &c. maye the donour entre by force of suche condicion &c. as it semeth, and so the donor or his heires in such case ought more soner to haue the lād then the second sonne that had no ryght be­fore suche alienacion &c. and so it semeth that such remayndres in the case before sayde bee voyde.

¶Also at the common lawe before the statute of Glocestre yf tenaunt by the curtesye had aliened in fee with warranty accordant,[Page]after his decease this was a barre to the heir &c. as it appeareth by the wordes of the same statute. But it is remedied by the same statu. that the waranty of the tenaunt by the curte­sy shal be no barre to the heire, except he haue inough by discent by the tenaunt by the cur­tesye, for before the saide estatute that was a collaterall warantye to the heyre, bicause he coulde not conuey anye title of discent to the tenementes by the tenaunt by the curtesy, but onely by his mother or other of his auncesters &c. and that is the cause why it was collate­rall waranty. But if a manne enherite take a wife, whiche haue issue a sonne betwene them and the father dyeth, and the sonne entreth in the land, and endoweth his mother, & after his mother alieneth that that she hath in her dower to an other in fee, with waranty accor­dynge, and after dyeth, and the warranty des­cendeth to the sonne, nowe the sonne shall be barred to demaunde the same Lande bycause of the saide warranty, bicause that such colla­terall warranty of tenaunt in dower is not re­medied by any statute. The same law is wher tenaunt for terme of life maketh an alienaci­on with warranty. &c. and dyeth, and the war­ranty descendeth to him that had the reuersi­on or the remaindre. &c. they shalbe barred by suche warranty. &c.

¶Also in the saide case if it so were that whē the tenaunte in dower alyeneth. &c. the heyre was within age, and also at that time that the[Page 139]warranty descendeth vpon him he was with­in age, in this case the heyre maye after enter vpon the alyenee notwithstandynge the war­rāty discended. &c. bicause that no latches shall be adiudged in the heyre within age, that he entred not vpon the alience in the lyfe of the tenaunt in dower, but if the heyre was wyth­in age at the tyme of the alienacyon, and after he came to full age in the life of the tenaunt in dower, and so beynge of full age he entred not in the life of tenaunt in dower, and after the tenaunt in dower dyeth there paraduen­ture the heyre shalbe barred by suche warran­ty, bycause it shall be accompted his folly that he beynge of full age, entred not in the life of tenaunt in dower. &c.

¶Also it is spoken in the ende of the sayde estatute of Glocester that speaketh of the alienacion with warrantie made by the tenaunte by the curtesy in suche forme.

¶Also in the same maner the heyre of the woman after the death of her father and mother shall not be barred of Accion if he demaunde the heritage or the maryage of his mother by a writ of entre that his father aliened in the tyme of his mother, wherof no fyne is leuyed in the kynges courte. &c. And so by force of the same statute if the husbande of the wyfe alie­ne the heritage or maryage of hys wife in fe with warranty. &c. by his dede in the country, this is clere lawe that this warranty shal not barre the heire except he haue inough by dis­cente [Page]&c. But the doubt is if that the husband alyen the heritage of hys wyfe by fyne leuy­ed in the kynges courte with warrantie et cetera, if thys shall barre the heyre withoute any discent in value &c. And as so that I wil say here certayne reasons that I haue heard say in this matter I heard my maister syr Ri­chard Newton late chiefe iustice of the com­mon place sayde once in the same place, that such warranty that the baron maketh by fine leuied in the kīges court shal barre the heire though that he haue nothyng by dyscent, be­cause the statute sayeth wherof no fine is le­uied in the kinges court &c. And so by his o­pinyon thys warrantye by syne et cetera abi­deth yet a collaterall warrantie as it was at the common lawe not remedied by the sayde estatute because that the sayd estatute excep­teth the alienacions by fine with warrantie. And some other haue sayd and yet say the cō ­trarye and thys is theyr proofe, that as by the same Chapiter of the layde estatute it is ordeyned that the warrantie of the tenaunt by the curtesye shall not barre the heyre ex­cepte he haue by ynough discente &c. though that the tenaunt by the curtesye leui a fyne of thesame landes with warrantie & cetera, as strongly as he can, yet thys warranty shal not barre y^e heyre except he haue assetꝭ or ynough by discent &c. And I beleue that this is lawe and therfore they say that it should be inconuenient to vnderstand the statute in such forme[Page 140]that a manne that hath not but in the ryghte of his wife may by fine leuied by hymselfe of the tenementes that he hath but in the right of his wyfe with warrantie &c. shal barre the heyre of the sayd tenementes without discent of the fee simple &c. where tenant by the cur­tesie can not dooe it. But they haue sayde, that the statute shalbe vnderstande after the fourme, that is to say where the statute spea­keth, wherof no fine is leuied in y^e kīges court this is to say where no lawful fine is rightfullie leuied in thesame kynges court & that is wherof no fine of the husband and his wyfe is leuied in the kinges court, for at the time of the making of the sayde statute euery state of landes or tenementes that any man or wo­man had that shoulde dyscende to hys heire was fee simple without condicion or vppon condicion in dede or in law. And because that such fine then might lawfullye haue been le­uied by the husband and his wife, and that the husband and the wyfe, and the heyres of the husbandes warrantie &c. such warrantie shuld barre the heyre &c.

¶And so they say that this is the vnderstan­ding of the said statute, for if the hu [...]band and the wyfe made a feoffement in fee by dede in the countrey the heire after the decease of the housebande and the wyfe shall haue a writ of entree Sur cui in vita & cetera, notwith­standyng the warrantie of the housebande. Then if no such excepcion was made in the[Page]statute of the fyne leuyed. &c. then the heyre shoulde haue the writ of entre. &c. notwith­standyng the fyne leuied by the husbande and the wyfe bicause that the wordes of the sta­tute before the exception of the fyne leuied. &c. be generally. &c. that is to say, that the heir of the woman after the death of the husbande and the wife shall not be barred of accion if he demaunde the heritage or the mariage of hys mother by a writ of entre that hys father ali­ened in the time of his mother. And so it shold be in the case of the statute except such words were, that is to saye, wherof no fyne is leuied in the kynges courte. And so they saye that this to vnderstand, wherof no fine by the hus­bande and the wife is leuyed in the Kynges courte the whiche is lawfully leuied in suche case. For if the iustices haue knowledge that a man that hath nothynge but in the righte of his wyfe, wyll leuye a fyne in his name onely they will not nor ought not to take suche fyne to be leuyed by the husbande onely wythout namynge the wyfe, therfore enquyre of thys matter.

¶Also it is to wytte that in suche woordes where the heyre demaundeth the herytage or maryage of hys mother, this woorde is a disi­unctyue, and is as muche to saye, if the heyre demaunde the heritage of hys mother, that is to be vnderstande the tenementes that hys mother had in fee symple by discent or by purchase, or if the heyre demaund the maryage of[Page 141]his mother, that is to saye, the tenementes that were geuen vnto hys mother in francke maryage.

¶Also where it is moued in diuers deedes these wordes in latin. Ego et heredes met. &c warrantizabimus et imperpetuum defende­mus, it is to se what effect hath that woorde defendemus in suche deedes. And it semeth that it hathe not the effecte of warrantise nor comprehendeth any cause of warrantyse, for if it shoulde be so that it taketh effect or cause of warrantyse, than it shoulde be put in some fynes leuyed in the kynges courte. And a man neuer sawe that these woordes defendemus was in any fyne but al onely this word war­rantizabimus by whiche it semeth that thys verbe warrant [...]so maketh warranty, and is the cause of warantyse, and none other worde in our lawe.

¶Also if tenaunt in the tayle be seased of te­nementes deuisable by testamente after the custome. &c. And the tenaunt in the tayle ali­eneth the tenementes to hys brother in fee, and hath issue & dyeth, and after his brother deuideth by his testamente the same tenemē ­tes to an other in fee, and byndeth hym & hys heyres to warrantyse. &c. And dyeth wythout issue, it semeth that thys warrantye shall not barre the issue in the tayle if he wyll sue hys wryt of Formedon, bycause that his warrāty discended not to the yssue in the Tayle, in so muche as the vncle of the issue was not boūd [Page]by force of thesame warrantie in hys lyfe. And thereof that he coulde not warrant the land in hys lyfe, is in so much that the deuise could not take anye execucion or effecte but after his decease, and in so muche that the vn­cle in hys lyfe was not holde to warrante, suche warrantise ne maye not discende from him to the yssue in the tayle & cetera, for nothing maye dyscende from the auncestre to his heire but thesame that was in the aun­cestre. Also a warrantye maye not goe with­out the nature of tenementes by custome, but onelye after fourme of the common lawe. For if tenant in tayle be seised in tenementes in borough Englishe, where the custome is that al tenementes of thesame borough ought to dyscende to the yongest sonne, and he dis­continueth the tayle with warrantise &c. and hath issue two sonnes and dyeth seised of o­ther landes and tenementes in the same bo­roughe in Fee symple to the value and more of the tenementes tayled and so forth, yet the yongest sonne shall haue a formedon of the tenementes tayled, and shall not be barred by the warrantise of his father though ynough to him discended in fee simple fro thesame father after the custome, for this that the war­rantie discendeth vpon the elder brother that is in full life &c. and not vppon the younger sonne. In thesame maner it is of collaterall warrantise made of suche tenementes where the warrantise dyscendeth to the elder sonne[Page 142]&c. this shal not barre the yonger sonne &c. In thesame maner it is of tenemētes in the shire of Kente, whiche be called Gauelkinde, the whiche tenementes be departable among the brethren &c. after the custome & cetera, if anye suche warrantie be made by their auncestres suche warrantyse discendeth all onely to the heyre that is heire by the common lawe, and not to all the heyres which are heyres of such tenementes after the custome &c.

¶Also if a tenant in tayle haue issue two daughters by diuers ventres, and dyeth, and the daughters entre and a straunger discea­seth them of thesame tenementes, and one of the daughters releseth by her dede to the dis­seisour all her right and bindeth her and her heires to warrantise, & dieth without issue in this case the first y^e suruiueth may well enter & put out the disseisour of al the tenementes, for this y^t such warrātise is no discontinuāce nor collaterall warrātise to the sister that suruiueth, for this that they be of halfe bloud, & the one may not be heire to the other after y^e comon law. But otherwise it is where ther be daughters of tenantꝭ in y^e taile by one vtter.

¶Also if tenant in the taile lette tenementes to another for term of life the remaīdre to an other in fee & the collateral auncestre confir­meth the estate of the tenant for terme of life and byndeth him and hys heires to warran­tise for terme of life of the tenan [...]e for terme of life and dyeth, and the tenant in the tayle[Page]hath issue, and dyeth, now this issue is barred to aske the tenements by writ of formedone durynge the life of the tenaunte for terme of lyfe, bycause of the collaterall descent vpō the issue in the tayle. But after the decease of the tenaunt for terme of lyfe, the issue shall haue a formedon. &c. And vpon this I haue hearde a reason that this case shall proue by another case, that is to saye, if a man let hys lande to another, to haue and to holde vnto hym, and to hys heyres for terme of anothers lyfe, and the lessour dyeth, leuynge hym to whose life. &c And a straunger entreth in the lande that the heyre of the lessee may put hī out, for this that in the case next afore sayde, in so much that a man may bynde hym and hys heyres to war­rant to the tenaunt for terme of lyfe, all one­ly durynge the life of the tenaunte for terme of lyfe, and the warrantise dyscendeth to the heyre of him that made the warrātyse, y^e which warrantyse is no warrantyse of inheritance but al onlye for terme of an others life, by the same reason where tenementes be lette to a man to haue and to holde to hym and to hys heyres for terme of anothers life, if the father dye liuynge he to whose lyfe hys heyre shall haue the tenementes leuynge hym to whose lyfe. &c. For they haue sayde that if a manne graunt an annuity to an other to haue and to take to hym and to his heyres for terme of an others life if the graunte dye. &c. That after his heyre shall haue the annuitie durynge the[Page 143]lyfe of hym to whose lyfe. &c. Quere de ista materia.

¶But where suche lease or graunte is made to a man or his heyres for terme of yeares, in this case the heyre of the lesse, and the graunt shall neuer haue after the death of the lessee or the grauntee that, that is so letten or graun­ted, for this that it is Chatell reall, and all chatels reals by the common lawe shall come to the executors of the graunte or of the lessee and not to the heyre. &c.

¶Also in some cases it may be that howbeit that a collaterall warrantyse be made in fee. &c. yet suche warrantise maye be defeated and anyented. As the tenaunt in the tayle discon­tinue the tayle in fee, and the discontinue is disseysed, and the brother of the tenant in the tayle releaseth by his dede to the disseysoure all hys ryght. &c. with warrantyse in fee, and dyeth without issue, and the tenaunte in the tayle hathe issue, and dyeth, nowe the issue is barred of hys accion by force of the collaterall warrantyse descendynge vpon hym, but if af­ter thys the discontinue enter vpon the disseysour, than maye the heyres in the tayle haue hys accyon of formedon. &c. for thys that the warranty is anyentyd and defeated. For whē the warrantise is made vnto a man vpon any estate that then he had, if the estate be defeted the warranty is defeted.

¶In the same maner it is if the discōtinuce make a feoffemente in fee reseruynge to hym[Page]certayne rent, and for defaute of paymente & reentre &c. & a collateral aūcestre releaseth to the feffee y^t hath estate vpon condicion &c. & dieth without issue though that the warran­tise descend vpon the issue in the tayle, yet if after the rent be behind & the discontinues en­treth into the land &c. thē the issue in the taile shal haue his recouerie by a writ of formedon for this that, that warrantie collateral is de­filed. And so if any such collateral warrantise be pleded against the issue in the taile in his accion of formedon he may shew the mater as it is aforesayd, how the warrantie is defeted, and so he may wel mayntayn his accion.

¶Also if tenant in the tayle make a feffemēt to his vncle & after his vncle maketh a feffe­ment in fee with warrantise &c. to another, & after the feoffee of the vncle enfeffeth agayne the vncle in fee. & after the vncle enfeoffeth a stranger in fee without warrantise, and dyeth without issue, and the tenant in the tayle will brynge hys writte of formedone agaynste the straunger that was in the feoffemente & cete­ra, by the vncle, in this case the issue shall ne­uer be barred by the warrātie that was made by the vncle to the sayd first feoffee of his vn­cle, for this that the sayd warrantise was de­feated and anyented for thys that the vncle toke againe to him as great estate of his said first feoffe to whom the warrantie was made as thesame feoffe hadde of him. And the cause why the warrantie is anyented, in thys case[Page 144]is this that is to saye, that if the warrantise wer in his force, then the vncle shall warrant vnto hymselfe that may not be, but if the fef­fee made estate to the vncle for terme of life or in fee tayle, sauing the reuercion vnto him et cetera. Or that he make a gyft in the tayle to the vncle, or a lease for tearme of lyfe, the remayndre ouer & cetera. In this that war­rantise is not all vtterlye aniented, but it is put [...]e in suspence during the estate that the vncle hadde, for after this that the vncle is deadde without issue, then he in the reuerci­on or he in the remayndre shal barre the issue in the tayle of his writ of formedon by the collateral warrantyse in such case, &c. But other wyse it is, where the vncle hadde as greate estate in the lande by the feoffe to whome the warrātise was made as he feoffee had of hī &c.

¶Also if the vncle after such feoffement made with warrātise or a release made by hym with warrantise be attaynt of felony or outlawed of felony, such collaterall warrantie shall not barre nor grieue the issue in the tayle for this that by the attayndre of felonye the blood is corrupt betwene them &c.

¶Also if tenant in the tayle be disceised, & af­ter maketh a release to the disseisour with warrantise in fee and after the tenant in the taile is attaynt, outlawed of felony and hath yssue, and dyeth, in thys case the yssue in the tayle may enter vpon the disseisour.

¶And the cause is for this that no thynge[Page]maketh discontinuaunce in this case but the warrantie, and the warrantie may not dyscēd to the issue in the tayle for thys that the blood is corrupt betwene hym that made the war­rantie, and the issue in the tayle. For the war­rantise alway abydeth at the common lawe, & the common lawe is such that whan a man is outlawed or attaynt of felony, which outlary is an attayndre in the law that the bloud be­twene hym and his sonne and all other which should be sayd hys heyres is corrupte, so that nothyng by discent may discende to any that may be hys heyre by the common lawe. And the wyfe of such a man that is so attaynt shal neuer be endowed in the tenementes of her husband so attaynt.

¶And the cause is because men should more eschew to dooe felony &c. But the issue in the tayle, as to the tenementes tayled is not in suche case barred because he is inheryted by force of the statute and not by the course of y^e common lawe. And therfore such attayndre of hys father or of hys auncestre in the tayle &c. shall not putte hym out of his ryghte, that he should haue by force of the tayle &c.

¶Also yf tenaunt in the tayle enfeoffeth hys vncle which enfeoffeth another with warranty &c. if after the feoffe by hys dede release to the vncle all maner of warranty, or all ma­ner of couenauntes reals, or al maner of de­maundes by such release the warranty is ex­tinct. And if the warranty in such case be ple­ded[Page 145]agaynst the he [...]ye in the tayle that bryng­eth his wryt of formedon to barre the heire of his accion if the heire haue and plede the said release. &c. he shall defete the plee in barre &c And many other cases and matters be there, wherby a man may defete warranties.

¶And it is to wyt that in thesame maner as collaterall warrantye may bee defeted by matter in dede or in lawe, in the same maner may lyneall warrantie be defeted. &c. For if the heir in the taile bring a writ of formedō, & a lineall warrantie of his auncester inheryta­ble by force of the taile be pleded against him with that that assets to him descended of fe simple by thesame ancester that made the war­rantye if the heire that is demaundant may adnul and defete the warranty, this suffiseth to him for the discēt of other tenementes of fee sim­ple maketh nothing to barre the heyre without the warrauntye. &c.