What is lawe.

THe law is the direction & ministratiō of iustice, & iustice is as Iustinian sayth in hys institutions a constante & permanent minde and will to render vnto euery persone his right and duty. The prudencye of lawe is a knowledge of diuine and of humane thynges, a science and perfyte notice of equite and iniquitie, of rightuousnes and vnrightuousnes. And forasmoche as a great porcion of the prudencie or science of the lawes of this realme consisteth in the perfyte knowlege of estates that men haue in landes and tenementes: we shal first as compendiously, and as simply and playnlye as we can, treate of estates.

❧ A diuision of estates.

YE shal therfore vndersand, that who so euer hath anye estate in landes or tenements, either he hath in the same onelye a chatell, or a free holde, or an inheritaunce. Yf he hath an estate in any landes or tenementꝭ but for terme of certayne yeares, or at his landlordes wyll: so is it called a chatell, if for terme of his life or of an other mans lyfe, it is called a free holde, or franke tenement. And if he hath it to hym and to hys heyres in fee simple, or in tayle: then we saye he hathe an estate of inheritaunce.

❧ Tenaunte for terme of yeares.

TEnaunte for terme of yeres, is he to whome landes or tenementes be dimised and lessed for the terme of certayne yeres, as is agreed bitwene the landlorde & the tenaunt. And when the lessee I meane him to whom such lease is made doth entre by force of the sayd lees, and is in actuall possession of the same: than he is called tenaunt for terme of yeres.

And here ye shall note, that if the lessour that made the lees hath reserued vnto him a yerely rent vpon the sayd lees (as it is accustomably vsed to be done) yf the rent be behynd vnpayde, it shalbe in his free libertie & election either to entre and distrayne for the rent, or to brynge an action of dette againste him at the law for the arreragies of the same. But in this case it is requyred, that the lessoure were seased of y• landes or tenemētes at the time of the makīg of the lease, for otherwise it shall be a good plee in the action of dette for the tenaunt to saye, that the lessour had nothinge in the lande or tenement at the time of the lease made: excepte the leas • were made by dede indēted, for than the plee shall not lye in the mouthe of the tenaunte or lessee to plede.

And it is to be knowne that in a lease for terme of yeares, by dede or without dede, there nede no lyuerye of seasone to be made to the lesse, but he may entre when he wyl by vertue of his lease, wythout any further ceremonye of lawe.

Note also, that yf a man lesseth landes for terme of yeares, thoughe the lessoure chaunceth to dye before the lessee doth entre, yet the maye entre well ynoughe. Otherwyse it is where as lyuerye of seasone is to be made: as in free holdes, and in inheritaunces.

Also yf the tenaūt for yeres doth waste, the landlorde maye brynge an action of waste agaynste hym, and shall recouer the place wasted, and his treble damages.

Tenaunte at wyll.

TEnaunte at wyl, is he to whom landes or tenementes be lessed to haue & holde the same at the wyll of the lessoure. And in this case the lessoure may put out his tenaunte at what tyme hym lysteth. But yet neuertheles, if the tenaunte haue sowed the groundes with corne, in thys case if the lessoure wyl entre and put out his tenaunte before haruest, the lawe wyll gyue hym free commynge and going to repe and cary his corne awaye wythout any punyshment or dammage to be susteyned for his sodoynge bicause he knew not at what time the lessoure wolde entre. But otherwise it is of the tenaunt for certeine yeres, for if he soweth y• ground and the terme of hys lease be come out and expired before the corne be type, in thys case that lessoure or he in the reuersion maye entre and take the corne, bycause it was the folye of the tenaunte to sowe the grounde, knowynge the ende of his terme.

In lyke wyse tenaunte at wyll shall haue free commyng and going after the time of the lessoures entree, to carye awaye hys housholde stuffe and goodes for a reasonable space.

❧ Ye shal also vnderstande, that he that maketh a lease at wyll, maye reserue an annuell or yearely rente, in whiche case if the rent be behynde, he may entre very well and distreyn the goodes and catells of the tenaunte, or at his election bryng an action of dette agaynst him.

Also it is to be knowne that tenaunt at wyl of a mese or tenemente is not bound by the order of lawe to susteyne and repaire the houses that be ruynouse, as is the tenaunte for yeares, and therfore none action of waste lyeth agaynst him. Yet if he do wylful waste: as if he plucketh down the houses, or cuttethe downe the trees: it hath bene thought by the sages of the lawe that the lessoure may brynge an action of trespace against hym and recouer hys losses therby susteyned.

❧ Tenaunt by copy of courte rolle.

THere is an other kynde of tenaunt at wyll, whiche is called tenaunt by copy of the courte rolles. And this is when a man is ceased of a maner wythin whiche, it hath bene vsed tyme out of mynde, that the tenauntes within the precincte of the said maner, haue holden landes and tenementes to them & to their heyres in fee simple, fee tayle, or for terme of life, at the wyll of the lorde according to the custom of the maner. And such a tenaunte can not aliene or sell his land by his dede, for if he do, the lāde or tenemente that is so aliened and sold, is forfayted into the lordes handes, but if he wol alien his copy hold lande to an other, he must according to the custome, come into the lordes courte, and there surrender it vnto the lordes hande, to the vse of hym that shall haue the state. The form • of which surrender is cōmonlye vsed to be this.

Ad hāc curiam uenit A. de A. & sursum reddit in eadem curia unum mesuagium. &c. in manus domini ad usum C. de D. & heredum suor • uel heredum de corpore. &c. Et super hoc uenit praedictus C. de D. & coepit de domino in eadē curia mesuagium praedictum, habendum & tenendum sibi. &c. ad uoluntatem domini secundum consuetudinem manerij, faciend. & reddend. inde redditus, seruitia, & consuetudines inde prius debitas & consuetas. &c. Et dat domino pro fine. &c. Et fecit domino fidelitatem.

These as I said be called tenauntes by copye of courte rolle, bicause they haue none other euidence to shewe concernyng theyr landes, saue onely the copies, of ye rolles of theyr lordes courte.

Neyther can these tenauntes sue or be sued for such landes, in y• kynges courte by wryte or otherwyse, but if they wyll implede or sue others for suche copye landes, they must do it by way of playnt in the lordes court after this sorte.

A. de B. queritur uersus C. de D. de placito terrae, uidelicet de uno mesuagio, xl. acris terrae .iiij. acris prati &c. cum pertinen̄. Et facit potestationem sequi quaerelam istam in natura breuis domini regis assise mortis antecessoris ad cōem legem uel &c. plegii de prosequēdo F. G. &c.

❧ Nowe althoughe some suche tenauntes haue an inheritaunce accordynge to the custome of the maner, yet in very dede they are but tenantꝭ at the wyll of the lorde. For, as some men thynke, if the lorde wyll expell them and put them forth, they haue no remedy at al, but to sue vnto their lorde by weye of peticion, desyrynge him to be good vnto thē. For if they myght haue any remedye by the law then shulde they not be called (saye they) tenauntes at the wyl of the lord after the custome of the maner. But other men of no lesse lernynge and prudency haue bene of contrary sentence: as lorde Bryan chiefe iustice, in the time of king Ed. the iiij. whose opinion was alwayes, that if suche tenaunt by the custome (payenge his seruices) be eiected and put forthe by his lorde without cause reasonable, he maye very wel bryng and maynteyne an action of trespace agaynste his lord at y• cōmon law: as appereth termino Hilarij anno. xxj. E. iij. Also lorde Danby chiefe iustice in likewyse, was of the same iudgement: as appeareth Termino. Mich. anno. vii Ed. iiij. where he saith that the tenāt by the custome is as wel inheritable to haue his lande after the custome, as is he that hath a free holde at the common law, but the determination of this question I remit to my great maysters, which cā solue the knottes and enigmaes of the lawe.

For asmoche as yet styl of this matter, Causidici certant & adhuc subiudice li • est.

❧ Also ye shall vnderstand, that the vsage of some Manour is, when the tenaunte wyll surrender his land to the vse of an other, that he shall take a wande in his hande, and deliuer it to the stewarde of the court, and the stewarde shal deliuer the same wand in name of seisin to him that shall take the lande: and suche a tenaunte is called, tenaunte by the verge. Diuerse other customes there be of surrendryng of copy hold landes, which here for tediousnes I wyll omytte. And forasmoch as tenauntes by custome of the Manoure, haue by the course of the common lawe no free holde: therfore they be called tenaū tes of base tenure.

Hytherto I haue treated of the first membre of oure diuision, that is to wytte, of chatelles, for as I sayde, all leases for terme of yeres, and at will be accōpted in the law but as cateles and be comprysed vnder that name, saue that they be called cateles reals where as kyne, oxen, horses, moneye, plate, corne, and suche lyke be called chatell personalles. Nowe we wyll procede to thexplaniciō of the second membre, that is to say, of free holdes

❧ A diuision of free holdes.

FRee holdes or franke tenemētes a man may haue in sūdry wyses, for ether he is seased for terme of his owne lyfe, or for terme of an other mans life. Yf he be sesed for terme of his owne life, either he haue gotten such estate by way of purchase, or els the law hath entiteled him therunto. I call it by purchase, whether he commeth vnto it by his owne barganing and procuremēt, or by the gyft of his frende, and I call it by the operation and intitelynge of the lawe, whan a man maryeth a woman that is an in heritres, and hath issue by her, and she dyeth, nowe shal he haue the landes durynge his life by the course of the lawe, and shal be called tenaunte by the curtesye of Englande.

In likewise, yf a man be seased in fe • simple: or fee tayle of landes, and taketh a wyfe, and he dyeth, the law giueth vnto the wyfe the thyrde parte of her husbandes lādes for terme of her life, and she shal be called tenaūt in dower.

❧ Tenaunt for terme of life.

TEnaunte for terme of life, is he that holdeth landes or tenemētes for terme of his owne life, or for terme of an others lyfe. Howe be it the most frequent and common maner of speakynge is to call him that hath estate for terme of his own life, tenaunte for life, and him that hath estate for terme of an others life, tenaunt pour terme dautre vie, that is to saye, tenaunte for terme of an others life.

Ye shal note, that like as he that maketh the lease is called the lessoure, & he to whome the lease is made is called the lessee, so he that maketh a feffement is called the feffoure, and he to whome the feffement is made, the feffee.

Also if tenaunte for terme of lyfe, or tenaunte for terme of an other mans life do wast, the lessour or he in the reuersion shall maynteyne very wel an action of waste agaynste hym, and shall by the same recouer treble damages.

Finally, ye shall vnderstand that by an acte of parliamēt made in the xxvii. yere of oure Souerayne lorde that now is, king Henry the eight, it is enacted that no free holde, nor estate of inheritance shal passe ne take effecte but by dede indented, sealed & enrolled in one of the kynges courtꝭ at Westmynster, or els wythin the same countie where the lande dothe lye: as by the sayd acte more at large appereth.

❧ Tenaunt by the curtesi.

TEnaunt by the curtesye of Englande, is he that hath maryed a wyfe inherited, and hath had issue by her, and she is deade, in this case the lawe of Englande permytteth and suffreth the husbande of suche wyfe to reteyne all his wyues landes that she had either in fee simple, or fee tayle so longe as he lyueth: And this is by the curtesye and vr • anitie of Englande, for this thing is vsed in none other region.

But in thys case it is requyred that the chylde ve vitall, that is to saye, be borne and broughte forth i • to this worlde aliue, and therfore the common sayeng hath bene, that onles the chylde be harde crye, the father shall not be tenaunte by the curtesye, for the onelye proue and argument of lyfe in an infaunt new borne is the vagite and cryenge.

Ye shal furthermore vnderstand, that onlesse the husbande be in actual and reall possession of his wyues landes, & seased of them in her right, he shall not be tenaunte by curtesye after her death. And therfore yf landes descende to a mans wyfe, so that she is tenaunt in the lawe, and to euery mans accion, yet if the husbande haue not made an actuall entreedurynge the couerture and matrimony betwene the • he shall not be tenaū • by the curtesye, for it shall be reputed and iugged his foly and negligence that he wolde not entre in her lyfe tyme.

Otherwyse it is of aduousons, •• ̄tes, and such other thynges, which forthwyth when they descende be in a man or woman wythout any entre or further ceremonye of lawe.

Note, that if tenaunte by the curtesye of England wyl suffre or make any wast in the landes or tenemētes that he so holdeth, he is punyshable therfore by action of wast.

Also it is to be knowne, that of thinges that be in suspense, a man shall not be tenaunt by the cur •• sye, and therfore yf a man be the tenaunt in fee simple of certayne lande, and doth entremary wyth a woman that is the seignoresse or lady of the same and hath issue by her, and she dyeth, yet he shal not be tenaunt by the curtesye of the lordshyp of seignorye, bycause himself is tenaunt of the land, and therfore the lordeship is suspended for the time, for a man can not be both lorde and tenaunt of one thing but if he had not bene tenaunt of the lande, he shulde haue had the lordeshyp after the deathe of his wyfe by the curtesie of Englande very well.

Of tenaunt in dower.

TEnaunte in dower, is she that hath bene maried to an husbād that was during the matrimony betwene them seised of landes▪ or 〈◊〉 in fee simple or fee tayl▪ which is nowe dede and she seased of the thy • departe of her husbandes sayde landes for terme of her life. For by the common lawe of the lande, if the husbande be at any tyme duryng the couerture seased lawfully, whether 〈◊〉 be by purchase or by discent, 〈◊〉 the • in fee or in tayle, & dye, his 〈◊〉 to be indowed by the course of the cō mon lawe of the thyrde fo • e. And in some places by an aunciente custom she shalbe indowed of the 〈◊〉 ▪ yea and thoughe 〈…〉 seased actually durying the courture, yet if the landes be caste vpon 〈◊〉 by the lawe, so that the law calleth him tenaunt to euery mans action, it suffiseth for the woman to demaunde her dower, for it were vnreasonable, that the negligence 〈…〉 of entrynge of the husbande shulde hurte the wyues 〈…〉 .

Otherwise it is, as I sayde before, of tenaūt by the curtesy, for if landes descende to a woman couert and the husbande for slouthfulnes or negligence doth not entre in his wyues life he shal not be tenaunt by the curtesi • 〈◊〉 by all lawes the wyfe oweth obedience and subiectiō to her husbande and therfore she can not compel him to entre, but when landes descend to the wyfe, the husbande onelye haue power to entre at his pleasure.

And ye shall vnderstand, that onlesse the wyfe be passed the age of ix. yeares at the tyme of her husbandes deathe, she shall not be endowed by the common lawe.

But it is to be knowen that a womā maye by diuers wayes estoppe and preuidi • e her selfe of her dower: as if she commyt any crime for which she is atteynted of treasone, murdre or felonye, • he gett •• no dower, not wythstandyng she hath obteyned her pardone.

Also yf after the deathe of her husband she taketh a lease for terme of lyfe of the same landes wherof she is indowable she losed her dower of the same. Moreouer yf she departethe from her husbande and lyuethe in aduoutrye wyth an other man, and not reconcieled agayne to her husbande wythout coercion of the ecclesiasticall power, she lesethe her dower after her husbandes deathe.

She shall be also barred of dower yf she wyll wythholde from the heire the charters and euidence concernynge that lande wherof she asketh dower: But none other saue the heyre can wytholde her dower for thys cause.

It maye not be vnknowne also of what thynges she maye demaunde dower, and of what thinges not. Of landes messuagies, aduousons, rent charges, rente seruyses, or signories in grosse or otherwyse, of villaynes, of cōmons certayne, of estouers, certayne, she is dowable. But of commons, and estouers sans nombre, also of annuities, of homage, of thingꝭ of pleasure, as of seruyces of paimet of roses, and semblable she shall not be endowed.

There be yet two other kindes of dower, the one is called dowment ex assēsu patr • is, and the other is called dowment de la plus beale ꝑtie. that is to saye, of the fairest parte.

Dowment ex assensu patris, is whan the father is seased of landes in fee, and his sonne whiche is heyre apparaunt endoweth his wife at the churche dore, whan he is espoused, of parcell of hys fathers landes, wyth the assente of his father in wrytinge testifienge the same assent, if in thys case her husband dye, she may forthwyth entre into the laudes so assigned vnto her wtout further app • yntynge or proces of law, although the father of her husbande be yet aliue & in actual possession of the lande. But if she thus do, and take her to thys endowment at the churche dore she can not haue her dower by the common lawe of the thyrde parte of all her husbandes landes, or any parcell of them how be it if she wyll refuse this assignement made vnto her at the church dore, and demaund dower at the common lawe, she maye verye well.

A man maye also endow his wyfe at the time of the spousailes of his own landes, whiche he hath in his owne possession, and that dower is called dower ad ostium ecclesiae

Dowment Dela plus beale, that is to saye, dowmente of the fayreste parte shall be in thys case. Whan a man is seased of landes whiche he holdethe of an other man by knyghtes seruice, and of other lādes which be of socage tenure, and hathe issue, whyche is wythin the age of .xiiij. yeares & dye, and the lorde of whom the lande is holden by knyghtes seruyce entrethe in to the lande holden of hym, and the mother of the chylde entrethe in to the socage tenure as gardeyne in socage, yf in thys case the woman wyll brynge a wrytte of dower agaynste the lorde whyche is gardeyne in cheualrye, he may plede the speciall mater and shewe, howe she as gardeyne in socage hath so moche lande and pray the court that she maye be suffred to endowe her selfe of so moche lande beynge in her owne custodie, as amounteth to the thyrde parte of the hole landes. And than the iudgemente shall be, that the gardeyne in chyualrye shall reteyne the lande holden of hym quyte from the woman duerynge the non age of the warde. After which iudgement she maye go and in presence of her neighboures endowe her selfe of the beste parte of that whyche is in her custodye, amountynge to the thyrde parte of the hole, and than is she called tenaunte in dower de la plus beale.

A diuision of inheritaunces.

HYtherunto I haue spoken of free holdes, nowe, it remayneth to treate of inheritaūces, not that inheritaūces be no free holdes, for they be free holdes also, but the other estates of whiche I haue here tofore treated be onely free holde, and of no hygher nature, where as a state of in heritance, although it • e a free hold, yet it is not to be called by yt name, sythe it is a farre more excellent and greater estate. But ye shall vnderstande that of inheritaunces some be of more amplitude and excellencye than other some be, as that inheritaunce whyche is pure, simple, and without limitacion of what heyres, is it called fee simple. But when I make a limitaciō of what heyres, thā is it called fee tayle, of which also be two sortes, as herafter more at large shal be declared. Nowe the nature of fee simple is to be setforth wyth oure accustomed compendiousnes.

Fee simple.

FEe simple is (as I sayd) the most ample & large inheritaunce that can be in this realme diuised or excogi • ate, as that whiche a man hath to hym and to his heyres simply without any further limitacion, for whether they be of his owne bodye begot ten or not, so that they be the next of his kinne, and wythin the degrees it suffiseth.

So then tenaunte in fee simple is he that hath landes or tenementes (whether it be by purchase or by discent) to him & to his heires for euer. For if a man will purchase landes in fee simple, he must nedes haue these wordes, his heyres, in his purchase, for these be the onlye wordes that make an estate of inheritaunce. Therfore yf landes be gyuen to a man for euer & no mencion be made of his heyres: he hath an estate but for terme of his lyfe, bycause these wordes (his heyres) do lacke.

Yet neuertheles, if a mā by his testament doth deuise landes to an other in suche where the custome wyl serue so to do, though he maketh no mencion of heyres, but saythe that he bequethethe to suche a personne such • landes, to haue & to hold to him and to his assignes for euermore: here a state of inheritaūce doth passe, for in testamentes the wil and intent of the testaour is to be pondred, & not the formal & prescripte wordes of y• law.

Also these termes in the lawe, franke mariage, and franke almo • e that is to saye, free mariage and free almose do include in them wordes of inheritaunce. And therfore if I giue landes to a man wyth my daughter in franke mariage wythout further addicion or mēcion of heires, this is an estate of inheritaunce, as we shal hereafter declare more plentiouslye. In likewyse it is of landes giuen to an house ecclesiastical in pure & frāk almes. Moreouer if landes be giuen to a mā & to his blode, or to him & to his seed, he hath in both cases a state of inheritaūce for in y• one he hath a fee taile, & in thother a fe simple. For this word seed, and bloud, and suche lyke do implye wordes of inheritāce.

But nowe it is to be sene who be sayde a mannes heyres in the lawe. Ye shall therfore knowe, that my brother or syster by the halfe bloude, that is to wytte, by the fathers syde, and not by the mothers, or contrary wyse by the mothers and not by the fathers, shall neuer be myne heyre, nor none that come of them.

Neither my bastarde can be myne heyre, nor myne owne naturall father ne mother, nor grandefather ne grandmother can be myne heyre.

For it is a principle and grounde in the lawe, that inheritaunce may linially descend, but ascende it may not. And therfore if I haue landes in fee simple and dye wythout issue of my bodye, my father can not be myne heire, but my fathers brother or syster shal, and then if my vncle or aunt dye seased wythout issue, my father shal haue the landes as heir to myne vncle or to my aunte, but heyre to me he can not be. But it maye go from me to myne vncle or aunte well ynoughe, for that is not called a linial ascension but a collatrall.

And ye shal note, that by the commō lawe of this realme, my eldest sonne shall haue the hole inheritaunce, and after hym if he hathe no issue, the seconde sonne, and so forth. And if I haue no sonnes but daughters, than shal al the daughters togither inherite, if I haue no issue at all, neither son • es ne daughters, than shall my eldest brother in heritage succede me but if I haue no brother, than my systers if I haue any, if not my vncle by my fathers syde, if the landes be of myne owne purchase. And to be shorte if there be none in lyfe of my fathers syde, it shall goo to my mothers syde, and if there can be found no heyre neither by fathers syde ne yet by mothers, then shall it reuerte and eschete (as they call it) to the lord of whome it was holden, for euerye lande must nedes be holden of some lorde, as shall be here after shewed. But if landes descende vnto me by my mothers syde, than if I fayle of issue, the landes shall descende onely to my heyres of my mothers syde, & neuer to myne heyres of my fathers syde: as on the contrarye syde, yf I haue landes or any hereditamentes by discēt frō my father or his blode, they shal neuer descend to my heires by my mothers syde.

Thus ye se a greate difference in this behalfe, bitwene purchased landes and landes which descende from my auncestoure.

Yf there be thre sonnes, and the myddell sonne purchaseth landes & dye wythout issue, the heldeste shall haue the lādes and not the yongest.

Also it is a principle in oure law, that none can be myne heyre of landꝭ that I holde in fee simple, onles he be myne heyre by the hole blode that is to say, both by father and mother, for if a man hathe issue two or thre sonnes by sondry wyues, and the eldest purchaseth landes in fee and dyeth wythout issue, his halfe brethren I meane those yt be not his brethren bothe by the fathers syde & mothers syde shall not haue the lande, but it shall go to his vncle. Lykewyse if a man hath by his fyrste wyfe a sonne and a daughter, and by his seconde wyfe an other sonne, and the sonne by the fyrst wyfe purchaseth landes in fee, and dyethe wythout issue: the syster german shall haue the landes by discēt as heyre to her brother, and not to the yōger brother. Otherwise it is of landes or other hereditamētꝭ entailed as shalbe herafter specified.

Also if a man be seised of landes in fee simple, and hathe issue a sonne and daughter by one wyfe, and afterwarde a sonne by an other, and dyeth, and the eldest sonne entreth in to the landes, and after dyeth wythout lawfull issue of his body, the daughter shall haue the landes and not the yongest sonne, and yet the yongest sonne is heyre to his father, but he is not so to his brother. But if in thys case the eldeste sonne had not entred after the death of his father but had died before any entre made by hym, than shal not the syster germaine entre but the yonger brother is heire to his father, bicause the eldest brother was neuer in actuall possessiō, which is requisyte to yt personne that claymeth to be heyre collaterallye. But to the lyniall heyres, it suffiseth that the auncestour shuld haue bene heyr yf he had liued, I meane as thus. A man is seased of landes and hath issue, a sonne & daughter by one wyfe, and afterwarde a sonne by an other, he dyethe, the eldeste sonne entrethe not, but dyeth wythout issue before he can make any actuall entree, hys syster shall not haue the landes as heyre to her brother, bycause her brother was neuer actually possessed, but y• yōger brother shall haue them as heyre to his father. Yet if theldest sonne in that case had lefte behynde him issue of his body, whether it had bene sōne or daughter, this issue not wythstandyng that the father of the issue was neuer possessed either actually, or in ye law, shal haue the lādes, and shal conuey his discent from his father, for the sonne or daughter is linial heyre, where as the brother, sister, vncle, aunt. &c. be heyres collaterall, and so obserue a dyuersitie.

I call an actuall possession, whan a man entreth in dede in to landes to him descēded, but a possessiō in lawe, is called when landes be descended to a persone, ann he hath not yet real ly and actually ētred in to them. For notwythstandydge that he is not in actuall possession yet he is possessed in the lawe, that is to say, in the eye & consyderation of the law, for asmuch as he is tenaunt to euery mans action that wyll sue for the sayd landes, for els there shulde insue an intollerable inconuenience, as we shal more copyously open in an other place.

Ye shall vnderstande that thys worde inheritaunce is not onelye to be accommodate and applied to that whyche commeth by discente from a mannes auncestours: but also to euery purchase in fee simple, or fee taile.

Fee tayle.

Ye shall vnderstande, that before a certayne statute called the statute of Westminster seconde, there was no state tayle, but all was fee simple, eyther purely that is to saye, wythout condition or condicinallye: as appereth by the pretence of y• said statute, but now sythens the promulgating of that statute diuers formes of state tayles haue rysen.

Fee tayle is whan it is prescribed and lymytted in the gifte, what heyres and by whome engendred shall inherite. As for exemple I gyue landes to a man and to his heyres and go no further, this is fee simple: but if I make a limitation, and adde of his hody begotten, now is it fee taile that is to saye, a fee or inheritaunce limitted, prescribed, determinate, or assigned. So that if I gyue landes to a man and to his heyres, he hathe fee simple, but yf I gyue landes to hym and to hys heyres of hys bodye lawfully begotten, he hathe but a fee tayle, for asmoche as I appoynte, lymytte, prescribe and determyne the heyres, and for lacke of suche heyres the gyfte shall be expired and worne out, & the landes shall reuerte agayn to the gyuer or his heyres.

But ye muste obserue that there bo two kyndes of fee tayle. There is a generall tayle, and there is a speciall tayle. Fee tayle generall is as where landes be giuen to a man and to his heyres of his bodye begotten, without anye mencyonynge and expressynge by what woman they are to be begotten. And therefore yfa mā be tenaunte in the generall tayle of landes, and taketh a wyfe and hathe issue by her, and she dyeth and afterwarde he takethe an other wyfe, of whom he hath also other issue, here either of these issue is inheritable to this land entayled. But if I expresse in the gifte by what womā the heires shall be procreate and ingēdred, then is it an especiall tayle, as for exemple to make the thynge playne, if landes be gyuen to a man and to the heyres of his body lawfully begotten by Katherin his wyfe, this is an especiall tayle, for the issue of him begotten by an other woman, shal neuer inherite by force & vertue of the tayle. Lykewyse it is, if landes be giuen to a woman and to y• heires of her body law fully begotten (& shewe not by what man) this is a general taile, but if I adde & saye by suche a man her husbande, than is it an especiall taylle.

Also yf I gyue landes to a man and to hys wyfe, and to the heyres of there two bodyes lawfully begotten: thys ys an especyal tayle, as wel in the husbande as in the wyfe,

Semblably it is, yf a man gyueth landes to an other man wyth hys daughter or kynswoman in francke mariage, thys emplyeth a state tayle especiall, and in thys case as wel the man as the woman hathe estate in in the speciall tayle.

But yf I gyue landes to a man and to suche a woman, and to hys heyres that he shall begette of her: here the woman hathe estate but for terme of her lyfe, and the husbands an estate in the especyall tayle. In lykewise it is on the womās behalfe, as if I gyue landes to a man and to hys wyfe, and to her heyres of the bodye of her said husbande engendred, he hathe an estate but for terme of lyfe, and she an estate in the specyall tayle. But in bothe cases, yf I hadde sayde to the heyres and not hys or her heyres, than shulde eyther of them haue hadde an estate in the specyall tayle, bycause thys worde heytes is as well referred to the one as to the other.

Ye shall also vnderstande, that yf landes be giuen to a man, ond to the heyres males of his bodye, this ys a state tayle, and in this case the heyre femalle shall neuer inherite.

Finally it is to be noted, that of landes whych a man hath in fee simple, the possession of the brother shall cause the syster germayne that is to saye, the syster bothe by the fathers syde & mothers, to inherite, and not the brother by the halfe blod, as here tofore was said, but of landes which be entayled otherwise it is. Therfore if a man be seysed of landes in the generall tayle, and hath issue by hys furst wyfe, a sonne and a daughter, and also a sonne by an other wyfe, & dyeth, and the eldest sonne entreth in to the landes & after dyeth, the suster germayne shall not haue the landes but the yonger brother of the halfe blode, bycause whosoeuer shall inherite landes in taile, must claym them as nexte and immediate heyre, not to hym that dyeth last seased of ye landꝭ; but to hym vnto whome the landes were fyrst gyuen, whyche in the case before remembred, is the sonne and not the daughter.

Thus ye shal marke obserue a great diuersitie bytwene the forme of successyon in landes of fee simple, and the forme in fee tayle.

Tenaunt after possibilitie of issue extincte.

WHan landes or tenementes be giuen to a mā and to his wife, and to the heires of there two bodies lawfully begotten, yf in thys case either of them chaunce to dye before they haue issue betwene them, he or she that ouerlyueth hys styl tenaunt in tayle, but wythout all possibilitie of any issue that can be heyre to these landes entayled, and for thys cause he or she thus ouerlyuynge is called tenaunte after possibilitie of issue extincte, for in suche a tenaunte is all possibilitie of issue that maye be inherytable to these landes by force of the gyfte in tayle vtterlye extincte and quenched, and by his or her deth the state tayle shall expyre, cease, and be abolyshed for euer and shall reuerte agayn to the gyuer or donoure from whence it came.

Yet forasmoche as thys tenaunt after possibilitie of issue, hadde ones an inheritaunce in hym, he shall not be punyshede by an action of waste, though he makethe neuer so moche waste in the landes and tenementes, whereas yet in effecte he is but a tenaunte for terme of lyfe.

Of perceners.

Hitherunto I haue made a compendious and short declaracyon of estates of al sortes. But where I sayde that among susters there is no prerogatyue or preminence concernyng the inheriting of theyr auncestoures landes, but that they shall be al togither inheritours, and make as it were but one heyre: it is expedient to make a further processe in this behalfe, and to shew howe & in what maner this partition shall be made.

But ye shall vnderstande that there be besyde parceners at the common lawe, whyche be onelye susters, also parciners by custome, whiche is amonges brothers contrarye to the course of the common lawe, and this custome is in Kent, and in other places where landes and tenemētes be of the tenure of Gauel kynde.

Ye shall thefore knowe y• whan a mā is seised of landes in fee simple or see tayle, and hath no issue but doughters, and die, and the doughters do enter in to the landes thus descēded vnto them, nowe they be called parceners, or coheyres, & by a wryt called, De ꝑtitione facienda brought by on of them agaynst the others, they shal be constrayned by the lawe to suffre an egall particion to be made of the landes bytwene them.

Nowe partycion maye be made in sundrye wayes. One waye is whā they them selues do make particion bytwene them of the hole herytage and do agree vnto the same and entre euery one in to her parte so alotted vnto her.

An other is whan by all theyre agremente an consente one common frende do make the particion. In whych case the eldest syster shal haue the fyrst election, and after her the seconde suster, and so forth. But if they agree that theldest suster shall make the particion, and she maketh it, then theldest shal not chuse fyrst, but shall suffer all her susters to chose before her, as it is thought.

There is also an other forme of particion, whiche is egally to diuide the landes into so manye partes as there be coheires or parciners, and to wryte euery parte so diuided in a seuerall scroule of paper, and to putte the sayde scroulles in to a bonette, or to enclose them seuerally in balles of waxe, and than the eldeste suster to chuse whyche balle she wyt, or to put her hande in to the bonet and to take a scroule, & to holde her to her chaūce and allotment, and so consequentlye euery suster after other.

And ye shall note, that particion by agrement maye as well be made by nude and bare wordes wythout wrytynge as by wrytynge.

That yf any of the parceners wil not suffre any particion to be made than may the other that wolde haue partition, purchase a write called De partitione facienda agaynste them that refuse partition, to compell the same to suffer partition to be made accordyngly, and than by the iudgement of the courte the sheryfe by the seremente of twelue men shall make particion bytwene them, and shal assigne to eche suster her porcion, as he shall thynke good, wythout gyuyng anye election to the eldeste.

And if two Manours of meeses descende to two susters, and the maners be not of egall value, than may she, to whom the lesse maner is allotted, haue assigned vnto her a rente proportionably out of the others maner.

Finally, ye shall vnderstande, that if a man be seased of landes in fee semple, & hath issue two daughters, and giueth wyth one of his daughters to an other man that is to mary her the thirde or fourth parte of his lande in franke mariage, and dyeth, if in thys case the daughter that is in this wise auaunced, wyll haue her porcyon of her fathers heritage, she muste putte her lande gyuen vnto her in francke mariage in hochepot newe agayne. I meane she must be contēted to suffer her sayde landes to be commixte and mengled wyth the other landes of whyche her father dyed seased in fee simple, so that an equall diuision maye be made of the hole, or elles she shall haue no parte of those landes, of which her father died seased. But if her father had made vnto her but a common gifte in taile, or a feffemēt in fee, she shulde not nede to put her landes in hochepot, but may retayne them styl, & also haue as good a part of the rest of the landes of which her father dyed seased, as her other sister or sisters. For a gyfte in francke maryage, is accompted the moste free or moste liberall gyfte that can be, and that whyche the lawe iudgethe to be onelye for the aduauncement and be stowynge of the daughter, where as feffementes in fee and also common giftes in taile be accustomably for other causes, and for the aduauntage rather of the gyuour, or feffour then of the taker.

Of condicions.

FOrasmoche as euery estate is either pure, or condicionall, it were not amysse somwhat to make a declaration of the nature and efficacye of condicions. Wherfore ye shal vnder stande that of condicions, some be actuall condicions, & be called expresse condicions or cōdicions in dede, and other some be cōdiciōs in law whych be called also in latine, Condiciones tacitae, siue condiciones implicitae, bycause they be secretely implyed by the lawe and not expressed.

Condicions in dede be such as be knyt and annexed by expresse wordꝭ to the feffemente lease or graunter either in writing or without, as for exē ple if I infeffe a man in certayne landes reseruynge to me & to my heires so moche rente yerlye to be payde at suche a feast, and for defaute of payment, that it shalbe lawfull for me to reentre, thys is a feffement vpon condicion of paymente. For the not payment of the rent shal dissolue the fefment. Semblably it is of gyftes in tayle, leases. &c.

But yf the condicion be, that for defaulte of paymente of the rent, it shal be lawfull for the feffoure to entre agayne in to the landes, and to holde them tyll he be satisfied of the rente, this condition not performed dothe not dissolue the feffement, but only gyueth to ye feffour an authorytie to reteine the landes (as it were by way of distresse) tyll he hath leuyed the arr • ragyes of the rent.

And ye shall obserue, that condicions be somtyme made to be performed on the feffees behalfe, and somtyme on the feffours behalfe.

On the feffees behalfe, as whan I infeffe you of landes vpon cōdicion that ye shall do suche an acte, as to pay vnto me or to myne heyres such annuall rent.

On the feffours behalfe, as whā I make a feffement vnto you vpon cōdicion that yf I pay or cause to be payde vnto you before suche a daye suche a somme of money, than it shal be lawfull for me to entre agayne & retein my landes in my former estate In this case ye that be the feffee, are called tenaunt in morgage, which is as moch to saye as a dede gage, and it semethe that the cause why it is so called, is for asmoche as it is doubtfull whether the feffoure wyll pay at the daye prescribed suche somme of monye for the redemption of hys landes or no, for if he do not, his title or intresse in the landes thus gaged, & oppignorated is vtterly extinct with out all hope of renuynge.

Ye shall note that yf the morgageoure dyeth before the daye of payment, hys heyre maye redeme the lād very well euen as well as his auncestoure that morgaged the land might haue done although there be no mencion made of heyres in the wrytinge.

And yf whan the monye is lawfully by the morgageour or his heire profered, and the feffee refuseth to receyue the same, the feffoure or hys heyre maye entre, and then hath the feffee no remedy for his mony at the common lawe.

Ye shal vnderstād also that some condicions be vtterlye voyde in the lawe, and of none efficacy or strēgth, as if a feffement be made of landes in fee simple vpon condiciō that the feffee shal not alien or put awey this same to none other, this condicion I saye is voyde, bycause the feffee is restrayned of hys hole poure that the lawe giueth in suche case vnto hym, and whyche power and libertie, is in maner included in euery feffement. Yet I maye abbrydge hym of parte of his powre, as to condicion wyth hym that he shal not aliene the landꝭ to suche a personne or suche. But of gyftes in tayle other wyse it is, for yf I gyue landes to a man and to the heyres of his body lawfully begottē vpon condiciō that he nor his heires shall aliene the landes to none other persone, this condicion is good and effectuall in the lawe, and if he or his heyres contrary to the condicion do aliene them, than the gyuer or hys heyres maye very well entre and reteyne the lādes for euer, bicause this condicion doth stande wyth the forenamed statute of Westm̄ seconde whyche prohibiteth suche alienaciōs to be made.

Hitherunto I haue spoken of condicions in dede, now will I shew what be condicions in lawe that be annexed to any estates.

Knowe ye therfore, that if the office of a parker, or stewarde, or suche lyke office be graunted to a man for terme of his lyfe, though there be no cōdicion at al mēcioned in the graūt, yet the lawe speaketh a condicion in thys case, whiche is that yf the partye to whome suche offyce is gyuen shall not execute all poyntes apperteynynge vnto hys office accordingly, it shalbe lawfull for the graūtour to entre and dyscharge hym of hys offyce and thys condicion is called a condicion in lawe.

Of lyuery of season, and of atturnement.

IN al feffemētes, giftes in tayle leeses for terme of lyfe, or for terme of an others lyfe of landes or tenementes, there can be no alteration or transmutacion of possession by the aunciente lawes of thys realme, on lesse there be a certayne cerimonye adhibited and solempnised in the presence and syght of neyghbours or others, whych ceremony is called liuerye of seasone.

And ye shal vnderstand, that this ceremonye of lyuerye of seasone is done, whan the feffoure, donour, lessoure or theyr deputy come wyth the neighboures solemply to the landes or tenementes, and there put the feffee donee or lessee in possession of the said landes or tenementes by deliuering vnto him a clod of earth, or the ring of the dore, orsome other thyng in the name of seasone, & for this self cause this ceremonye of lawe is called lyuerye of seasone, that is to witt a tradicion or gyuynge of seasone.

But this ceremony is not required in lessees for terme of yeares, or in leeses at wyll, in as moche as the lessoure in suche case remaineth styll seased, and the lessee hath onelye the possession wythout the seasine and 〈◊〉 the termes of the lawe be, that suche a man is possessed, where as in feffementes, giftes in taile, and leeses for lyfe, he is called seased.

Wherfore yf a feffemente or lees for life be made of lādes or tenemēts and before that the liuery of seasine be made the feffoure dyeth, the heyr of the feffoure shall haue the landes per summum ius, yt is to lay by the rigoure of the lawe, notwithstandyng that the feffee hath payde to the feffour the price of the land, & although the feffee be in possession. But otherwise it is of a lese for terme of yeres.

I lyke ceremonye is vsed whan rente charges, whan rente seruyces, and suche other thynges as passe by wey of graunt, be graunted, for it is no full and perfyte graunt tyll it be consygnate as it were wyth the ceremonye of atturnement.

This atturnemente is nothynge elles, but whan the tenaunte of the land of which the reuersion is graū ted, or out of whyche a rente is graū ted, do make some euident signification and token that he accepteth the persone to whom the graūt is made to be in the same respecte vnto hym that the grauntoure was. As for an exemple if the tenaunte of the lande after he haue herde of the graunt cō meth to the grauntee, that is to wyt, to the persone to whom the graunte was made, and saye in thys wyse, or in lyke effecte.

I agree me to the graunte made vnto you by suche a man, or I am well a payde and contented of the graunt that suche a man hath made vnto you. But the moste vsuall and frequent forme of atturnement is to saye: Syr I atturne vnto you by force of the said graunt, or I become your tenaunt, or to delyuer vnto the grauntee a penye or a halfe penye by waye of atturnemente.

Yf a man maketh fyrst one graūt to one persone, and after an other to ane other persone, that graunte shal stande to whyche the tenaunte wyll atturne, althoughe it be the latter.

And ye shal note, that if a man be seased of a Manoure whyche is percell in demene, and percell in seruice, and doth aliene the same Manoure to an other, onlesse the tenauntes of the Manoure do atturne, the seruices shal not passe only tenauntes at wyll excepted for it nedethe not to cause them to atturne.

Note furthermore that there is a greate difference bytwene giuynge a penye in name of seasin, and gyuyng it by waye of atturnement, for whan it is gyuen of the tenaunt to y• graū tee in name of seasin, it dothe not only implye an atturnement, but also it gyueth him suche a seasin, that if the rente afterwarde be behinde and not payd, he may now vppon y• seasin of the penye, after a lawfull distres and after rescus made, brynge an assyce of nouel disseasin, where as if it were gyuen only by waye of atturnement he coulde not brynge the assyse, but hys wryt of rescus onely.

Also ye shall vnderstande, that wher landes be deuisable by testamente by the custome of any auncyent boroughe or cyty, yf there the reuersion of any landes be by testament bequethed to a man in fee, and testatour which we call the dyuysour dyeth y• deuisee, that is to wytte, he to whom the deuise was made hath forthwt y• reuersion in hym wythout further ceremonye of atturnement. Lykewyse it is if a man by testament dothe bequeth a rent charge that he is seased of, or a rēt seruice, there nedethe none atturnement at all.

Yf two ioyntenauntes be of land and the lorde graunteth the seruyces to an other, if one of y• ioynte • aū • ēs atturneth it is ynoughe. Finally, if a lease be made for terme of lyfe, the remayndre to an other in tayle, the remayndre ouer to the ryght heyres of the tenaūt for terme of lyfe, if in this case the tenaūt for terme of lyfe wyll graunte hys remayndre in fee to an other by hys dede, thys remayndre passeth forthwyth without any atturnement, for if any atturnement were requisite, it shulde be made of the tenaūt for terme of life, whyche in this case is the grauntour hym selfe. And in vayne it is that the grauntoure shulde be enforced to atturne, sith an atturnement is adhibited to none other purpose than to haue the consēt and agremente of the particular tenaunte, to the intent that it may appere, that he hath notice or knowlege of this graūte, but here where as the particular tenaunte hymselfe is the grauntour, an atturnement were superfluous, and more than neded.

Of seruices.

HYtherunto I haue brefely touched and ouerrun the sundrye kyndes and formes of estates. Now forasmoch as there is no tenure, but hathe vnto it some seruice knyt and annexed, it were very necessary to declare howe many kyndes of seruices there be, and what seruyce is due to euery tenure. For the knowledge her of ye shal vnderstande, that the principall and moste common kynde of seruyce that the tenaūt oweth to hys lorde, is called knyghtes seruyce.

Knyghtes seruice.

KNyghtes seruice includeth homage, fealeie and for moste ꝑte escuage, and whosoeuer holdeth his lādes by knyghtes seruice, is bound by the law of this realme to do vnto his lorde homage and fealtie, and to paye for most parte escuage, when it shal be assesed by authoritie of parliamente as hereafter more playnlye shalbe declared vnto you.

Homage is the most hūble and reuerent seruice that a man of free condition can do, for whan the tenaunte shall do homage to his lord, the lord shal sytte, and the tenaunt shal knele before hym vpon bothe knees, and shall holde his handes bitwene hys lordes handes, and saye in this wise, I become your man from this daye forthward of life and of membre and of earthly honoure, and to you shall be faythfull and loyall, and faithe to you shall beare for the landes that I clayme to holde of you, sauynge the faythe that I beare vnto oure soueraigne lorde the kynge, and than the lorde so syttynge shal kysse him. But if an ecclesiasticall persone whych by hys ordre and profession hath addicted himselfe to the seruice of god in especiall shall do homage to his lord he shall not say: I become your man bycause he hath professed himselfe to be the onely man of god: but shal say I do to you homage, and shall be to you faythfull and true, and fayth to you shall beare for the tenementes y• I holde of you, sauynge the faythe whyche I do owe to our soueraygne lorde the kynge.

Ye shal note also, that when a woman not maried doth homage to her lord, she shal not say: I become your woman, for it is not conuenient that a woman shulde be the woman of any other than of her husbande that she shall mary, but she shal saye euen as the ecclesiasticall persone sayeth: I do vnto you homage. &c.

That yf perchaunce a man holdeth sundry landes and tenementes of sundrye lordes, and euery of them by knyghtes seruice, than in the ende of his homage makinge, he shal say, sauynge the fayth that I owe to our soueraygne lorde the kynge, and to myne other lordes.

And it is to be knoewn, that none is bounde to do homage to the lord, onles it be suche a tenaunte as hath in the tenauncye an estate of fee simple, or fee tayle, eyther in hys owne ryght, or in the ryght of an other.

For if a woman haue landes or tenementes in fee simple or fee tayle, whyche she holdethe of her lorde by knyghtes seruice, and taketh an husbande and haue issue, in this case the husbande in the lyfe of his wyfe shal do the homage, bycause he hath a title to haue the landes by the curtesy of Englande yf he ouerlyueth her, & also he holdeth them nowe in his wiues ryghte, yet before issue had bytwene them, y• homage shal be made in theyr both names. But if the woman dieth before any homage made by her husbande in her lyfe, and the husbande kepeth styll the landes as tenaunt by the curtesye, now he shall not do homage to hys lorde bycause he hath nowe an estate but for terme of lyfe.

Fealtie is as moche to saye as a fidelitie or faythefulnes, in doynge wherof the tenaunte shall holde hys hand vpon a boke, & say thus, Heare you this my lorde, I to you shall be faythfull and true, and fayth to you shall beare for the landes and tenementes whyche I clayme to holde of you, and duelye shall do you the customes and seruices whiche I owe to do you at the termes assigned, as me helpethe god and hys sayntes. And than he shall kysse the boke, but he shal not knele as he ye doth homage.

And ye shal obserue that homage can not be done but to the lorde hym self, where as ye steward of the lordes courte or the bailife may take fealtie for the lorde. Also tenaunte for terme of life shal do fealte, but homage (as is sayde) he can not do.

Nowe as concernynge escuage that is to saye, the seruice of the shild ye shal vnderstand, that he that holdeth his lādes by escuage, whan the kynge makethe a viage royall in to Scotlande for the subduynge of the Scottes, is bounde to be wythe the Kinges Maiestye by the space of .xl. dayes well and conuenientlye arayed and appointed for the warre. And he that holdeth his lande but by the moitie of the fee of knightes seruice, is bounde by the force of his tenure to be wyth the kynge by the space of xx. dayes, and so proporcionably accordyng to the rate and quantitte of hys tenure.

But now to our institute and purpose, after thys viage royall in to Scotlande (in whyche the kynge goeth in persone) and after the retyre in to Englande agayne, a parliamente is wont to be sommoned, in whyche shal be prescribed & asseised what euerye persone that helde hys lande by homage and went not wyth the king neither by hymselfe, nor by his deputye, shall paye to hys lorde in satisfaction of his not seruynge, and accordynge to the taxacion herof, euery tenaunte shall paye to hys immediate lorde, whether it be the kyng or other after the rate and porcion of hys tenure, if he holdeth by an hoole fee, he shall paye the hoole escuage, if by a moitie, the halfe, yf by the fourth ꝑte of a fee, the fourth parte. &c. and this money thus asseysed, is called scurage or escuage, for whyche the lorde to whome it is due, maye verye well for the non paymēt therof distreyne.

But here it is to be noted, yt some tenaūtes by custom vsed tyme out of mynde are bound to pay but the moitie, or the thyrde parte of that which shall be asseised and limited by acte of parliament.

Yea, and the custome is in some place, that to what somme of money so euer escuage is asseised, y• tenaūtꝭ shall paye neuer but such a certeyne somme of mony, and this escuage is called escuage certeyne, where as the other is called escuage vncertayne.

Finally ye shall vnderstande, that escuage vncertayne is alwayes adiuged to be knightes seruice, and draweth vnto it warde, mariage, & reliefe, but escuage certaine is no knyghtes seruice but is of the tenure of socage as shall be herafter more amplye shewed.

Of warde mariage and reliefe.

EUery knyghtes seruice draweth vnto it, warde, mariage, and releife. Wherfore it is now ryght expedient somewhat to entrete of them.

Ye shall therfore be admonished, that whan the tenaunte whyche holdeth hys lande by knyghtes seruyce dyeth, his heyre male beynge at that tyme wtin thage of .xxj. yeares, the lorde shall haue the warde, that is to saye, the custodye or kepynge of the landes so holden of hym to hys own vse and profyte, tyl the heyre cōmeth to the full age of .xxj. yeares. For the law here presumeth that tyl he cōme to this age, he is not able to do such seruice, as is of this tenure requyred Furthermore yf such heyre be vnmaryed at the tyme of the deathe of the tenaunte, than the lorde shal haue also the warde and bestowynge of the maryage of hym.

But yf tenaunt by knyghtes seruice dyeth, hys heyre female being of thage of .xiiii. yeres or aboue, thā the lord shal haue the ward neyther of ye lande ne yet of the bodye of suche an heir, and the reason herof is bycause a woman of that age maye haue a husbande hable to do knyghtes seruice, that is to saye, to wayte vpon the kynges maiesties persone whan he auaunceth into Scotlande wyth hys armye royall.

But if suche an heyre femalle be within the age of .xiiii. yeres and not maryed at the tyme of the deathe of her auncestoure, than the lorde shall haue the warde of the lande holden of hym, tyll suche heyre female commeth to the age of .xvi. yeres, by force of an acte of parliamēt in the statute of Westm̄ the fyrste.

Note that there is a great diuersitie in the lawe bytwene the ages of females and of males, for the female hath these manye ages apoynted by the lawe. Fyrste, at .vii. yeares of age the lored her father maye distreyne his tenauntes for ayde to mary her. Seconde, at .ix. yeares of age, she is dowable. Thyrdlye, at .xii. yers she is hable to assent to matrymonye.

Fourthly, at .xiiii. yeares she is able to haue her lande, and shall be oute of warde if she be of thys age at the geantye, but of the kynge onelye.

Homage auncestrell.

TEnaunt by homage auncestrel is he whyche holdeth his lande of his lorde by homage, and bothe he and his auncestours whose heyre he is haue holden the same lande of the saide lord & of his auncestours tyme out of mynde by homage, and haue done vnto them homage, and this is called homage auncestrell, by reason of the longe continuaunce whyche hath bene by title of prescription as well concernynge the tenauncye in the bloude of the tenaunte, as concernynge the lordeshyp in the blode of the lord. And this seruice of homage auncestrell drawethe vnto it warrantye (that is to saye) yf the lorde which is nowe in lyfe hathe ones receyued the homage of his tenant, he oughte to warrant the same tenaunte, what tyme so euer he shal be impleaded or sued for such lande so holden of him by homage auncestrell.

Moreouer suche seruice of homage auncestrell draweth to it acquitall (that is to saye) the lorde oughte to acquyte the tenaunt agaynste all other lordes yt can demaūd any maner of seruice out of the tenauncye.

Wherfore yf in thys case the tenaunte whyche holdethe by homage auncestrell be impleaded of hys landes, and voucheth his lorde to warrauntye, who commeth in by processe and demaundethe of the tenaunte what he hath to bynde hym to the warrantye, and the tenaunt sheweth howe he and his auncestours, whose heyre he is, haue holden his lande of hym and of his auncestoures tyme ease or continuall infirmitie. All these and suche lyke be dispargementes. But here also ye shal vnderstande, that it shall be sayd no dispargement, onlesse the heyre be so maryed when he is wythin the age of discretion, that is to say, within the age of .xiiii. yeres. For if he be of that age or aboue and consenteth to such mariage, it is no dispargement, neyther shall the lorde for suche mariage lose his warde, bycause it shal be reputed and assigned to the folye of the heire beynge of age of discretion to consēt to suche mariage.

Now, yf the gardeyne offre to the heyre beyng in his warde a conuenient mariage wythout dispargement, and the heyre refuseth it, as he maye very wel do, than ye lord shall haue ye value of the mariage of suche heyre, whan he commethe to hys full age. But yet yf he marye hymselfe being so in warde agaynste the wyll of hys gardeyne, than he shal paye the double value by force of the statute of Merton before remembred.

And ye shall note that if landes holden by knyghtes seruice descende to an infaunte from hys mother, or from any of hys auncestours, his father beyng yet alyue, in thys case the lorde shall not haue the mariage of this heyre, for during the lyfe of the father, the sonne shall be in warde to no man.

Finally, it is to be knowne, that he whyche is gardeyne in cheualrye in ryght, maye after he hathe seased the warde, graunte the same eyther by dede or wythout dede to an other man & than he to whom suche graūt is made is called gardeyne in fayte.

Now as touching reliefe, ye shal knowe, that yf a man holdethe hys lande by knightes seruice and dyeth hys heyre beynge of full age (the full age of ye male is .xxi. yeares, of the female .xiiii.) then y• lord of whome the land is holden shal haue of the heyr reliefe.

Reliefe of a hole knightes fee is .C s. & of halfe a knightes fee fyftye .s.

Also a man maye holde landes of a lord by two knyghtes fees, and thā the heyre beynge of full age at the death of his auncestoure, shal paye to his lorde for reliefe .x. poundes.

Seruice of castel garder.

YE shal vnderstande that a man may holde by knyghtes seruice and yet not hold by escuage, nor shal paye no escuage, for he may holde by castell garder, that is to saye, by seruyce to kepe a tower of hys lordes castell, or some other place, vpō a reasonable warnynge, whan hys lorde heareth that enemyes wyll come or be alredy come into Englande.

Thys seruyce is also knyghtes seruice, and drawethe to it warde mariage & reliefe, as the common knyghtes seruyce dothe.

Of graunde sergeauntie.

THere is also an other kynde of knightes seruice, called grande sergeantye, whyche is where a man holdeth is landes or tenementes of the kynge by suche seruice as he oweth in proper person to do, as to bear the baner of oure soueraigne lorde the kynge, or his spere, or to conduct hys hoste, or to be his marshall, or to be the sewar, caruar, or butler at the feaste of the coronation, or to be one of the chamberlaynes of the receypt of his eschequere, or to do lyke seruices to ye kyng in propre persone, such maner of seruyce I saye, is called grande sergeantye, that is to saye a greate or hygh seruice, and the cause why it is so called, is bicause it is the moste honorable and moste worthye seruice that is, for he that holdeth by escuage is not appoynted by hys tenure to do anye other more specyall seruice than an other is bounde that holdethe by escuage, but he that holdeth by grande sergeantye, is bound to do some speciall seruice to ye king.

Also if he that holdeth of the king by grante sergeanty dyeth, his heire beyng of ful age, than the heyre shal paye to the kynge for reliefe, not onlye .C.S. as he that holdethe by escuage shall do, but moreouer the clere yearly value of those landes and tenementes whych he so holdeth of the kynge by grande sergeantye.

Furthermore ye shal obserue that in the marches of Scotlande some men holde of the kynge by coruage, that is to say, by blowing of an horn to the intent to warne the men of the contrey whan they heare that the Scottes or other theyr enemyes be commynge, or be alreadye entred in to Englande, whyche seruice is also a kynde of grande sergeantie.

Grande sergeantie therfore is as moche to saye in latyn, as magnum seruitium, that is to saye, a greate or hyghe seruice, lyke as petite sergeantye is called paruum seruitium, yt is to saye, a lytle or smale seruice.

But to reuerte agayne to the mamatier ye shall note yf any tenaunte holdeth of any other lord than of the king by such seruice of cornage, then it is no graunde sergeantye, but yet neuertheles it is knyghtes seruice, & draweth to it ward mariage and reliefe, for this is a rule infallible that none can holde by grande sergeanty but of the kynges owne maiestie.

Finallye ye shall vnderstande, that al they whych holde of the king by thys seruice called graunde sergeauntye do holde of the kynge by knyghtes seruyce, and by vertue of thys tenure the kynge shall haue of them warde mariage and reliefe, but escuage yet he shal not haue of them oneles they holde by escuage of him by expresse and speciall wordes.

Petite sergeantie.

TEnaunte by petite sergeantye is he yt holdeth his land immediatly of oure soueraygne lorde the kynge by thys maner of seruice, to paye to the kynge yearelye eyther a vowe, a spere, a dagger, a swerde, a payre of gantlettes, a paire of spores of golde, a shafte or such other smale thynges apperteynyng to the warre, & this seruice is in effect but socage, bycause that suche a tenaunte is not bounde by hys tenure to go ne do anye thing in his owne propre person touchyng the warre, but only to rendre and pay yerely certayne thynges to the kynge, as a man ought to pay a rente wherfore thys seruice of petite sergeantye is no knyghtes seruyce, but yet ye shal note, that a man can not holde neyther by petite sergeauntye neyther by graunde sergeantye, 〈1 page duplicate〉 〈1 page duplicate〉 out of mynde, surely the lorde yf he can not denye this, and if he hath receiued the homage of such a tenaūt, is bounde by the lawe to warrante hym his lande, so that if the tenaunt lose his lande in defaute of the lorde thus vouched (that is to saye) called to warranty, he shal recouer against hym so moche in value of those landes and tenementes whyche the lord had at the tyme of callynge to warrantye or at any tyme after. But yf the lorde neuer receyued the homage of hys tenante, than he maye verye well whan he is thus vouched disclaime in the lordeshyp or seignorye, and so put out the tenaunte of hys warrantye. Where ye shal note, that in euery case where the lord disclaim in his seignorye in courte of recorde, his seignorye or lordeshyp is extinct, and the tenaunte shall holde from thensforthe of the nexte lorde to him that thus disclaymed.

Thus ye perceyue that homage auncestrell is not but where as is a long cōtinuaūce, as well in the blode of the tenaunte in respecte of hys tenauncye, as in the bloude of the lord in respecte of his seignorye. Wherfore if the tenaunte doth ones aliene hys landes to an other, although he purchasethe the same agayne, yet he shal not hold any longer by homage auncestrell bycause of thys discontinuaunce, but shall holde it nowe by the vulgare & accustomed homage.

Of socage.

SOcage is properly, where the tenant is bound to come wyth his soke (that is to saye) with his plough to eare and sowe parcell of the demene landes of hys lorde, which seruyce in aūcient tyme was very commen & frequēte but nowe by the mutuall consent bothe of the lorde and of the tenant yt ys conuerted for the moost parte in to a yerely rente. How be it the name of socage abideth styll wherfore now al yt is not knyghtes seruice is caled by y• name of socage.

So y• yf a man holdeth by fealtye onely, or by fealtye and homage for all maner of seruyce, it is but socage tenure for homage alone makith not knyghtes seruyce, yea yf a man holdeth by escuage certayne, as I haue said here tofore, he holdeth in effecte but by socage.

Nowe where a man holdethe hys landes by socage and dyeth, hys heyre beynge wythyn thage of .xiiii. yeres the lord shal not haue y• warde but the next of kynne to the heyre to whome the heritage can not descend shall haue the wardeshyp as well of the lande as of the heyre, tyll the heir come to the age of .xiiij. yeares, and suche gardeine is called gardeine in socage, and shal rendre accomptes to the heyre for the issues and profytes that he hathe receiued of the landes durynge suche tyme, hys reasonable costes and expēses deducted, so that he shall not haue the wardeshyp to his owne vse & profyte as gardeine in cheualrye hath.

Finally ye shal vnderstande that whan tenaunte in socage dyethe, the lorde shall haue reliefe, that is to say the value of the rent that is yearlye due vnto hym of the tenauncye besyde the yerly rente: so that in effecte after the death of his tenante he shal haue of the heyre .ii. rentes, saue that for the reliefe, he may distreyne forth wyth, but for the accustomed rent he can not distreyne tyl the vsuall daye of payment be come.

Francke almoyne.

TEnaunte in francke almoygne, that is to saye in free almesse is where a byshop, deane, or any other ecclesiasticall persone holdeth of his lorde in pure and perpetuall almes, and suche tenure began firste in olde time after this maner. Whan a man was seased in ancient time of certain landes or tenementes in his demene as of fee, & of the same tenementes enfeoffed an abbot & his couent or a priour & his couent, or any other persone ecclesiastical, as a deane of a colege mayster of an hospitall, or suche like to haue & to hold the same landꝭ to them and to theyr successoures for euer in pure and perpetuall almesse, or in francke almes, in these two cases the tenementes shulde be holden in franke almoyne.

By force of whyche tenure they that holde in francke almoyne after thys sorte be bounde of ryght before god to make orisones and prayers, to celebrate masses and to do other diuine seruices for y• soules of their graunters and feffers, and for the soules of theyr heires whych be dead and for y• prosperous estate of their heyres that be nowe alyue. And bycause of ryghte they be bounde to thys diuine seruice, they be discharged by the lawe to do any other prophane or corporall seruice, as fealtye or suche other lyke.

But neuerthelesse if suche as hold theyr tenementes in franke almoyne do omyt and leaue vndone these deuine seruices wherūto they be boūd before god, the lorde can not distrein them, ne yet compell them by any other meanes by the course of the cō mon lawe, but the onelye remedy is to complayne of them to theyr ordinarye, who of ryght ought to compel suche ecclesiasticall persones to do the deuyne seruice due as afore said.

But here ye shall note that yf a persone of a chyrche or any other ecclesiasticall persone holdethe of hys lorde by certeyne diuine seruice to be done, as to synge masse euery frydaye in the weke, or placebo and • irige, or to fynde a preest to synge masse or to distribute in almes .C. pence to a hondred men at suche daye: in all these cases, yf such diuyne seruice be vndone, the lorde mayne very wel distrayn, bycause the seruice is put here in certayntye.

Now I sayde, that if in olde time a man dyd infeoffe suche ecclesiasticall persone after such sorte, he shuld holde hys lande in franke almoyne, but at this day it is otherwise, for by the reasone of a statute called, Quia emptores terrarum, no man can aliene ne graunt landes or tenementes in fee simple to holde of hym selfe, so that nowe yf a man beynge seased of landes in fee simple graunteth the same by licēce to an ecclesiastical person in franke almoyne these wordes franke almoyne be voyde, & the ecclesiastical persone shal holde them immediatlye of y•, lorde of the feoffer by the same seruyces y• the feoffer helde, so that no man can hold in franke almoyne, but by force of a grante made before the sayd statute, onely the kinges maiesty excepted, for he is out of the compasse of the-statute.

Finally, ye shall note that where as a man holdeth in frank almoyne, his lorde is bounde by the lawe to acquite him of al maner of seruice that any other lorde can haue or demaūd out of the sayde landes.

That yf he dothe not acquyte him but suffre him to be distreyned, than he shall haue agaynst his lorde a certayne wryt, called a wryt of meane, and shall recouer agaynste hym hys damages and costes of his suite.

Of burgage.

A Tenure in burgage, is where an aūciēt broughe is, of which the kynge is lorde, and they whyche haue tenemētes wtin y• same brough holde the same of the kyng, payenge a certeyne yearly rent, whych tenure in effecte is but socage tenure. Lykewyse it is, where as any other lorde spirituall or temporal is lord of such broughe.

Here ye shal note that for the most parte suche auncient burghes haue dyuers customes and vsages which other townes haue not. For some burghes haue a custome, that ye yongest sonne shal inherite before the eldeste, whyche custome is called commonlye broughe Englyshe.

Also in some burghes by the custome the woman shall haue for her dower al the landes and tenementes wherof her husbande was seased at anye tyme durynge the couerture.

Moreouer in some burghes a mā may deuise his landes or tenemētes by testamēt at the tyme of his death, and by force of suche deuyse or legacye, he to whome the bequeste was made, after the death of the testatour maye by force of thys auncient custome entre in to the landes so to him bequethed or deuised without anye lyuery of seasone to him made or further ceremonye of lawe.

Dyuers other customes in Englande there be contrary to the course of the common lawe, whyche if they be anye thynge probable and maye stande wyth reason are good and effectuall, not withstandynge they be agaynste the common lawe.

Of villenage or bonde seruice.

A Tenant in villenage is proper lye whan a villayne, that is to saye, a bondman holdeth of his lord, whose bondman he is, certayne landes or tenementes, accordynge to the custome of the Manoure or otherwyse at the wyll of hys lorde, and to do his lorde villayne seruice, as to beare & to carye y• donge of his lorde out of ye citie or out of hys lordꝭ Manoure, & to lay it vpon the demeane landes of his lorde, or to do such like seruyle & villayne seruice. How be it fre men in some places holde theyr tenementes & lādes of their lordes by custome, by such sorte of seruice, and theyr tenure is called tenure in villenage, & yet they themselues be no villaines ne of seruile condicion but fre mē. For the land holden in villenage maketh not the tenant a villayn, but contrary wyse a villayne may make fre land to be villayne land vnto his lorde. As if a villayn purchaseth lād in fee simple or in fee tayle, the lorde of the villayne maye entre into the lande so purchased by hys bondman and put hym and his heyres out for euer, and this done, the lord if he wil maye lease the same lande to his villayne to holde of hym in villenage.

And here ye shall vnderstande, that seruitute or villenage, is the ordinance, not of the law of nature but of that law, which is called Ius gentium, by whyche a man is made subiecte (contrary to nature) vnto an other mannes dominiō. For he that is a villayne or bondman, eyther he is so by title of prescription (that is to saye) he and hys auncestoures haue bene villaynes tyme out of minde, or elles he is a villayne by his owne cō fession in court of recorde, so that all villaynes either they be borne villaynes, or elles they be made so. They be borne villaines when theyr father beynge a bonde man himselfe begetteth them in lawfull wedlocke, either of a fre woman or of a bond woman for so that the father be bonde, the issue of him lawfully begotten muste nedes be bonde by the lawes of Englande, hauynge no regarde to the cō dicion of the mother, where as in the ciuill lawe it is clene contrarye. For there partus sequitur ventrem (that is to say) the seruitute or bondage of the mother maketh the chylde bonde and not of the father. Howe be it the bastarde sonne of a bondeman shall not be bonde, bycause a bastarde is, nullius filius in the law, that is to say nomans sonne.

They be made vyllaynes two wayes, eyther by theyr owne propre acte, as whan a free man beynge of full age wyll come into a court of recorde, & there confesse himselfe bon • e to an other man.

Or elles by the lawes of armes, called, Ius gentium: as whan a man is taken prysoner in warres, and is compelled to serue and become the thrall and bondeman of hym that toke hym: the lawe calleth suche persone a villayne.

And ye shall note that vyllaynes be properly called in latyn serui, bycause that whā they be taken in war, the captaynes be wonte not to kyll them, but to sell them, and so to saue theyr lyfes, so yt they be called serui a seruando, that is to say of sauyng. They be also called Mancipia, a manu capíendo, bicause that they be taken by hand & poure of the enemies.

Nowe as I sayde by the lawe o • nature we are al borne free, but after that by the lawe of Gentilitie seruit • te inuaded the worlde, than ensued the benefyte of manumission. Manumission is de manu datio, that is to saye a gyuynge out of the hande or power. For so longe as a man is in bondage and seruitute, he is subiecte to the hande and power of an other, and whan he is manumissed he is made free & delyuered from the sayd power, so that a manumission is nothynge elles than an enfranchisemēt that is to saye, a wrytynge testifieng that the lorde hath enfranchised his villayn & al his offpring and sequel.

Also yf the Lorde maketh to hys villayne an obligacion of a certeyne summe of money, or grauntethe to him by his dede an annuitie or yearly pension, or leaseth to hym by dede landes or tenementes for terme of yeres, any of these actes do imply an enfranchisement.

Lykewyse yf the Lorde maketh a feoffement to his villayne, and maketh vnto hym lyuery of seys • , thys also is an enfranchisment and secret manumissiō. Brefely to speke, where so euer the lorde compelleth his vyllaine by the course of the lawe to do that thyng that he myght otherwyse ēforce him to do or to suffre without the auctoritie and compulsion of the lawe, he doth by implication enfranchise his villayne, as if the lorde wyl bryng agaynst his villayne an action of det, an action of accompt, of couenant or of trespace, these and such lyke be in the eye of the lawe enfranchisementes and manumissions, bycause that the lorde in all these cases may haue the effecte and purpose of his suite (that is to saye) the goodes, catels, and correctiō of his bondman without the compulsion of the lawe euen by his owne propre power and authoritie whyche he hath vpon hys villayne. But if the lord doth sue his vilayne by an appeale of felonye, the villayne beyng lawfully endyted of the same before, this is no tacite manumission or infranchisemēte, for the lorde though he haue power to beate his villaine and to spoyle him of his goodes, yet he can not by the lawe of this Realme put him to deathe.

Ye shall also vnderstande, that if a mannes villayne purchaseth landꝭ or acquyre and gette vnto him anye other thynge, the lorde maye by and by entre, and sease the same in to hys owne handes. Wherfore if the lorde wyll brynge agaynste hys villayne a praecipe ꝙ reddat, by whyche he demaundeth agaynst his villayne any landes or tenementes, this implyeth an enfranchisemente, for asmoche as he byndeth himselfe to the prescripte and authoritie of the lawe, where as he might vse his owne authoritie, by entring and seasing the said landes.

Finally ye shal marke that some villaynes be called villaynes in grosse, and other some be called villaynes regardāt. In grosse be they of which the lorde is seuerally seased, and not by reasone of any lordeshyp or maner, but they be called regardaunte whiche do belonge to a Manoure, of whyche the lorde is seased, and the sayd villaynes haue bene regardant (that is to saye) expectant and attendante tyme out of mynde to the lorde of the sayde Manour, in doing vnto him suche seruices as to a villayne appertayne.

❧ Of rentes. ❧

FOr asmoch as vpō euery tenure there is commonly reserued one rente or other: therefore I thynke it good sumwhat to treate of rentes. But ye must vnderstande that there be sundry sortes of rentes. There is one kynde of rente whyche is called rent seruice. • n other whiche is called rent charge, and the thyrde which is named in frenche rente secke, that is to saye in latyne redditus siccus, a drye rente. Nowe rent seruice is so called, bycause it is knyt to ye tenure, and is as it were a seruice, wherby a man holdeth his landes or tenemētꝭ, or at lest way when the rente is vnseuerably coupled and knyt wyth the seruice, as for an exemple, where the tenant holdeth his lande of the king or of any other lorde by fealtie and by certaine rente, or by homage, fealtie and certaine rent, or by any other sortes of seruices & by certaine rent, this rent is called rente seruice. And here ye shal note, that if this rent seruice, be at any time when it ought to be payed, behynde and vnpayde, the lorde of whom the land or tenement is so holden, whether it be in fee simple, fe taile, for terme of life for yeres or at wyll, may of common right entre and distraine for the rent, though there be no mencion at all, ne clause of distresse put in the dede or lease. I said before, that y• nature of this rent seruice is to be coupled and knyt to the tenure. For where no tenure is, there can be no rent seruice. And therfore, if at this day I be seised of landes in fee simple, and make a dede of feffement of the same to an other in fe simple, reseruing by the same dede a rente, thys can be called no rente seruice, bicause there can be nowe no tenure betwene the feffoure and the feffee. Otherwise it is of feffementes in fee simple, made before the statute of Westmester the thirde called Quia emptores terrarū. For before the making of y• statute, if a man had made a feoffement in fe simple, reseruynge to him a certayne rent, yea though it had bene wtout dede, here had bene created a new tenure betwene the feffoure and the feffee, and the feffee shuld haue holdē of the feffoure, who by vertue of the same myght of common right haue distreyned for suche rent. But at this daye, by force of the sayde acte, there can be no suche holdyng or tenure created nor begonne, and consequently no rent seruice can be at this daye reserued vpon anye gyfte in fee simple, except it be in the kinges case, who being chiefe lord of all euer might and may giue landes to be holden of him. Thus ye se, that at this day, no subiect can reserue any rente seruice vnto him, onles the reuersiō of the landes or tenementes that he shall graunt, be styll in him, as where he grauntethe them in fe • tayle, or maketh but a lease for terme of lyfe or for certayne yeares or ells at wil. For in al these cases the reuersion of the fee simple remayneth styll in hym, and therfore if here be anye rent reserued, it is to be called a rent seruice, and is of common right distreynable, though there be no clause of distresse in the dede of feffemente or lease.

But here ye wyl aske me, when in the case before remembred, a man at this daye gyuethe cleane aweye the lande or tenement from himselfe in fee simple, so that there is no maner of reuersion of the same remaynyng in him at all, and yet neuertheles reserueth vnto hym by hys dede a certaine rent: what maner rent this shal be called? I answer, if there be in the dede indented any clause of distresse put, that is, that if the rent be behind vnpayed, it shalbe lawful for the feffoure to entre and to distreyne, it is called a rente charge, forasmoche as the lande is charged therwyth, but howe? of common right? no, but only by vertue and force of the wrytynge.

But on the other syde, if there be no suche clause of distresse put in the indenture, thā the rent so reserued shal be called a rent secke.

Likewyse, if a man that is seised of certaine landes, wyll graunte eyther by indēture or by his dede polle that is to saye single and not indented, a yearly rent out of the same landes to an other, whether it be in fe simple, fe tayle, for terme of lyfe, for yeares, or at wyll, wyth clause of distresse, then this rent is called a rente charge and he to whom suche rente is graunted may for defaulte of payment therof, entre and distreine. But contrarely, if the graunte be made wythout any such clause of distresse, it is called rēt secke that is to say a dry rent, bicause he can not come to it in case it be denied, by way of distresse in so moch that if he were neuer seysed of it, he is by the course of the common lawe without remedie. Otherwise it is of a rent charge, for here he to whō the graunt is made, whā the rent is behinde may chose whether he wyll sue a wrytte of annuitie againste the grauntoure, or distreyne for the rent behynde, and reteine the distresse tyll tyme he be paid accordingly. But he cā not haue both remedies to gither, but muste take him to the one, for if he ones recouer by a wrytte of annuitie, then is the lande discharged. And if he sewe not his writte of annuitie, but distrayne for the arreragies, and the tenau • te seweth a • epleuin, wherupon y• other auoweth the taking of the distresse in court of recorde: then is the land charged and the person of the grauntour discharged of the action of annuitie. Ye shal also vnderstand, that if a mā wyll, that an other shall haue a rent charge cōmyng out of his lande, and yet wyll not that his person shuld be by any meanes charged by wrytte of ānuitie, he may thā haue such clause in ye ende of his dede. Prouiso ꝙ praesens scriptum, nec quic quam in eo contē tum ullo pacto se extendat ad onerā dam personam meam per breue seu actionem de annuitate, sed tantū modo ualeat ad onerandum, terras, fū dos, & tenementa mea de annuo redditu praedicto, If thys or suche lyke clause be added, then the land is charged and the person of the grauntour is discharged.

Also if a man wyll make a dede of graunte in this wise, that if Iohn at Style be not yearly payd at the feast of Christms for terme of his life .xx. shillinges sterlyng, that then it shall be lawfull for the sayd Ihō at Style to distreyne for it in the Manoure of Dale: this is a good rent charge, bycause the Manoure is charged with the rent by wey of distresse, and yet neuerthelesse in this case the persone of him that made such dede is discharged of any action of annuitie, forasmoch as he graunted not by his dede any ānuitie to ye sayd Ihon at Style but onely graūted, that he might distreyne for suche yearly rent.

Furthermore ye shall note, that if a man hath a rent charge to him and to his heires cōmyng out of certeyne landes, and doth purchase any parcel of this land to him and to his heires, in thys case the hole rente charge is qwenched and gone, and the annuite also, the cause is this, ye a rent charge can not be in suche case apporcioned. Otherwise it is of a rent service, for if one whiche hath a rent seruice as for exemple, xx d. by yeare doth purchase parcel of the lande out of which this yearly rent of, xx d. is commyng, this shal not extinguish ne drowne y• hole rent, but for that parcell only. For rēt seruice in suche case may very wel be apporcionate and rated according to the value of the lande. Yet there be some sortes of rentes seruices which in no wyse can be apporcioned. As where a tenaunt holdeth his lande of his lorde by the seruice to rēdre to his lorde yearly at suche a feast, an horse, a ring of gold, a redde rose, a gylouer 〈◊〉 suche lyke, if in this case the lorde doth purchase parcell of y• land thus of him holden, this seruice is gone, bicause such seruice can not be seuered ne apporcioned. Also escuage is a seruice that may very well be apporcioned accordinge to the afferaunce and rate of the lande.

But where any lande is holden by homage and fealtie, if the lorde purchaseth parcel of the land, yet he shal haue hys homage and fealtie styll of his tenaunte.

Ye shall marke also, that if a man maketh a lease of landes to an other for terme of lyfe, reseruing to him certaine rent: if in this case he graūteth the rent to Iohn at Style sauing to himselfe the reuersion of the said lād, thys rente is but rente secke bycause Iohn at Style y• hath the rent, hath nothing in the reuersion of the land. But if he graunteth the reuersion of the lande to Iohn at Noke for terme of lyfe and the tenaunt atturneth accordingly, then hath Iohn at Noke the rente as rente seruice bycause he hath y• reuersion for terme of his life.

Lykewise it is, if a man giueth lā des or tenementes in taile, reseruing to him & to his heires certaine rente, or maketh a lease of ye land for terme of life, reseruinge certayne rent, if he graunteth the reuersion to an other and the tenaunt atturneth accordingly, the hole rent and seruice shal passe by this worde reuersion, bicause the rent and seruice in suche case be incident to the reuersion and do passe by the graunt of the reuersion. But if he had graunted the rent only: the reuersion had not passed.

¶ What remedy a man hath to recouer his rent when it is behynde.

I Shewed you before, that for a rēt seruice if it be behynde, ye may distrayne in the grounde euen of common ryght thoughe there be no suche clause of distresse mēcioned in y• dede of feoffement, graūt or lease. Also for a rente charge ye maye distreyne or bryng your wryt of annuitie at your choise and election, as before is declared. But of a rent secke if ye were neuer seised of it nor of any parcel therof, ye be without remedy by course of the comō law, for ye can not distreyne for it, nor yet bryng your wrytte of an nuitie, but if ye were ones seised of it or of parcel therof and it is estsones behinde, then youre remedie shall be this. Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng, and there demaunde the arreragies of the rent, whiche if the tenāt denye to paye, this denyal is a disseisin of the rent. Also if the tenaunt be not then ready to pay it, this counter uayleth a denyal which is a disseisin. Moreouer if neither the tenaunt nor none other man be remayning vpon the grounde to pay the rent, when ye demaund the arreragies, this also is a denyall in the law, and is in very dede a disseisin. And of these disseisinꝭ ye may haue an assise of nouell disseisin against the tenaunt, and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee. And if after suche recouery and execution had, the rente be agayne at an other tyme denyed you, then ye may haue a redisseisin and shal recouer your double dammagies. &c.

It shalbe therfore good wisdome for a man when a rent is graūted by any persone vnto him, to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent, and then if at the next day of paiment the rent be denyed him, he may haue an Assise of nouel disseisin.

And ye shall note, y• there be thre causes of disseisin of rent seruice, that is to wete, rescouse, repleuin & incloser. Rescouse is, when the lorde vpon the lande holden of him, distreyneth for his rent behynde, and the distresse is rescued from him, or if y• lord come vpon the land and wyl distreine, and the tenant or any other man for hym wyl not suffre him, this is called Rescouse.

Repleuin is, when the lorde hath distreyned & repleuin is made of the distresse by wryt or by playnt. Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne. And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and haue his rent, that is to wete, by distresse.

And there be iiiij. causes of disseisin of a rent charge, ye is to wete, rescous, repleuin, encloser, and denyer. For denyer or denyal is aswell a disseisine of a rente charge, as it is of a rent secke.

Finally ye shal vnderstande, that there be two causes of disseisin of a rent secke, that is, denyall & en • loset.

And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid, that is to wete this, when the lorde commeth to the lande holden of him, or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd, and the tenant hearing this, encountreth him, and forstalleth him the weye wyth force and armes, and manaceth him in such sort as he dare not come to y• ground for to distreine for his rent behynd for feare of death or of mutilatiō of his membres: this is a disseisin bicause the partie is disturbed of his mean & lawful remedy wherby he ought to come to his rent.

Finally ye shall obserue & marke, that by an act of parliament made in the xxxij. yeare of oure soueraygne lorde king Henry the eight, it is lawful for the executours and administratoures of tenantes in fe simple, tenantes in fee tayle and tenantes for terme of lyfe of rent seruices, rēt charges, rent seckes and of fee fermes, for the arreragies of suche rētes as were due vnto theyr testatoures in their liues, either to distrayne for the same or at their election to brynge an action of dette, sauyng in such lordshipes in Wales or in the marches therof, where the tenauntes haue vsed tyme out of mynde to pay vnto euery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry.

Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due & vnpayd in her lyfe.

Likewise it is of him that hath a rent for terme of an other mans lyfe, if he for terme of whose lyfe he hath the rent dyeth, yet by vertue of y• sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had y• rent

How Auowries ought to be made of rentes and seruices, inacted .ā. 21. Hen. 8.

WHere any landes be holden of any person by rentes, customꝭ, or seruices, if the lord distrayne vpon the same landes for any such rentes, 〈1 page duplicate〉 〈1 page duplicate〉 customes, and seruices, and repleuin therof be sued, the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vpon the same lādes, as within his fee and scignorye, aledging in the sayd auowry conysance or iustification the same landes to be holden of hym, wythout namyng any person certayne to be tenante of the same, and wythout making any auowrye, iustification, or conisaunce vpon any persone certayne. And lykewyse vpon euery wrytte sued of seconde delyuerance. And they that make any such auowrye, iustification, or conisaunce, if y• same avowrye conysaunce or iustificatiō be foūd for them, or the playntyffe be non • u •• or otherwise barred, then they shal recouer their damagies and costes. Also the said playntyffes & defendauntꝭ shal haue lyke plees & lyke aide prayers (plees of disclaymer onely except) as they myghte haue had before the makyng of this acte. Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce, as well without processe, as by processe; shall from henseforth also in this case ioyne vnto them as wel wythout processe as by processe, and haue lyke plees and lyke auauntages in all thinges (disclaymer onely excepte) as they myght haue by the comen law before thys acte.

¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours. made .ā. 32. Hen. 8.

IT is inacted that aswel al persons whych haue or shal haue any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same, whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges handes sithens the .iiij. day of February in the xxvii. yeare of King Henry the eight, or whyche at any tyme hertofore dyd belong to any other person & after came to the kynges handes, As also al other persons beynge grauntees or assignes to the kyng or to any other persone and their heires executours successours and assignes shal haue lyke auauntage againste the fermours their executours administratoures & assignes by entry for not payment of the rent, or for doyng of waste or other forfeture, and also shal haue the same auantage by action only for not performynge of other conditions couenātes or agrementes conteyned in the indentures of their leases or grauntes against the sayde fermoures and grauntees their executours administratours & assignes, as the sayd lessoures or grauntoures themselues myghte haue had at any tyme.

Prouided, that this acte shal not extende to hindre or charge any persone for the breche of any couenante or condicion comprysed in any suche writings as is aforsayd, but for such couenātes and condicions as shalbe broken or not performed after ye firste day of Septembre in the xxxij. yeare of king Henry the viii, & not before.

¶ How tithes and other profytes ecclesiastical shalbe recouered, inacted .ā. 32. Hen. 8.

AL persons shal truly pay their tithes and offerings according to the lawfull customes & vsages of parishes & places where such tithes or duties be due. And in case they wol wilfully wthold them or any parcel of them: the partie whether he be ecclesiastical or laye that shuld haue y• saide tithes or offeringes, may conuent the persons so offending before the ordinary his commissarie or other competente ministre or leaful iudge of the place where such wrong shal be done according to the ecclesiastical lawes. And in euery such cause of suite the same ordinary or leful iudge hauing the parties or their lawful procuratours before him, shall by vertue of this acte procede to the determinatiō therof ordinarily or summarily according to the course of the sayd lawes, and therupon shal giue sentence accordingly. And in case any of the parties for any matter concerning that suite, do appeale from the sentence & diffinitiue iudgement of yesaid iuge, then the same iudge forthwith vpon such appellation made, shal adiudge to the other partie ye reasonable costꝭ of his suite, and shal compel the same partie appellant to pay the same by compulsary processe and censures of the sayde lawes ecclesiastical, taking suretie of the other partie to whom such costes shal be adiudged & paide, to restore the same to the partie appellant, if afterward, the principal cause of that suite of appeale shal be adiudged against him. And so euery iudge ecclesiasticall by vertue of this acte shal adiudge costes to the other partie vpon euery appeale to be made in any sute or cause of subtraction or detention of any tithes or offeringes or in any other suite to be made concerning the duitie of such tithes or offerings. That if any persons after such sentēce diffinitiue giuē against them, shal obstinatly refuse to pay their tithes or duties or such somes of monye so adiudged wherin they be condemned, then two Iustices of yt peace of the same shyre, wherof one to be of the quorum, shall vpon certificat or complaynt to them made in wryting by the ecclesiastical iudge that gaue the sentēce, cause them to be attached and commytted to the nexte Iayle, there to remayne without bayle or mainprise, tyl they shal haue founde sufficient sureties to be bound by recognisāce or otherwise before ye same iustices to the kinges vse for the performance of the said iudgement.

Prouided, that no person shal be sued or otherwise compelled to paye any tithes for any landes tenementes or hereditamētes which by the lawes of this realme are discharged or not chargeable with the payment of any such tithes.

Prouided also that this acte shal in no wise bynde the inhabitantes of the citie of London and suburbes of the same, for to pay their tithes and offeringes within the same citie and suburbes otherwise then they shuld haue done before ye makīg of this act.

And it is further enacted yt where any yt hath an inheritāce frehold terme or interest in any personage vicarage porcion pension tithes oblations or other ecclesiastical profyte whiche is or shalbe made temporal or admitted to be in temporal hādes by the lawes or statutes of this realm, shal fortune to be disseased or otherwise put from his lawful inheritance possession occupation terme or interest in ye same by any other person claming to haue interest therin: the person so disseised or wrongfully put from his sayde right or possessiō his heires, wife, and other to whom such wrōg shalbe done, may haue his remedye in the kinges temporal courtes, as the case shal require for the recouery of ye same by writtes original of prec. ꝙ reddat, ass. of nouel disseison, mortdanc, Quod • i deforciat, writtes of dower, or other writtes original to be grāted in y• chā cery of euery such ꝑsonage vicarage porciō pension or other profyt eccesiastical according to ye nature of y• sute therof. And yt writtes of couenant and other writtes for fines to be leuied & al other assurācies to be made of any such personage or profyt ecclesiastical shalbe hereafter deuised & graunted there, lyke as hath bene vsed for fynes to be leuied and assurance to be had of lādes or other hereditamētes, and yt al iugemētes to be geuen vpon any of ye sayd writtes original so to be graūted for any y• premisses, & al fines to be leuied & knowleged in any of y• kings said courtes therof, shall be of like force in ye law as iugemētes giuē & fines leuied of lādꝭ tenementꝭ & here ditamēts in ye same courts vpon writtes original therfore duely pursued.

Prouided alwayes, that this last act shal not extend to giue any remedy or suite in the courtes temporal ageinst any persone which shal refuse to set out his tithes, or which shal wt holde or refuse to pay his tithes or of feringes, but that in al such cases the partie as wel laye as ecclesiastical hauing cause to demaund the same, shal take and haue his remedy for the said tithes or offeringes in euery such case in the spiritual courtes according to the ordinance in the fyrst parte of this acte mencioned and not otherwise.

¶ of mortuaries, inacted ā. 21. Hen. 8.

NO person spiritual nor their fermers nor baylyffes shal cal any person before any iudge spiritual for y• recouerie of any Mortuaries more then is hereafter mencioned vpon payne to forfet for euery time so moch in value as they shal take aboue the somme limited in this acte and ouer that xl.s̄. to ye partie greued, for which he shal haue an action of det by wryt byl or information; wherin no wager of law effoin nor protection shalbe alowed, First no Mortuarie shalbe taken of any which at his death hath in mouable goodes vnder the value of x. marke. Also no Mortuarie shal be taken but onely where Mortuaries haue bene vsed to be payde, and there after the forme hereafter mencioned. Nor in no mo places but one, that is to were, there where his most abiding is and there but one. Nor no persone shal take for a Mortuarie of any person being at his death of the value of x. markes aboue his dettes paid and vnder xxxli. aboue .iij s iiij. d. And of the value of xxx li. and vnder lx lj. not aboue vi s viii d. And of the value of lx. li. or aboue to any summe what so euer it be, not aboue x. s. Prouided that no Mortuarie shal be asked nor payd for any woman couert baron or child or any person not keping house or for any wayfaring man, but ye mortuaries of such wayfaring men be an swe • able in that place where they had their most dwelling at y• time of their death.

Prouided that any such spiritual persō may take any thing which shal be disposed or bequethed to him or to the high aulter of the church. Also no thing shal be taken for Mortuaries in wales nor the marches of y• same nor in Calys or Berwyke or the marches of the same, but only in such places of y• same where mortuaries haue bene accustomed to be paid and there but onely after the forme aboue specified. Prouided that the byshops of Bangour, Landaffe, saint Dauies & saint Asse & the archdeken of Chester may take such mortuaries of y• prestꝰ • within their diosices & iurisdictions, as heretofore haue bene accustomed. Prouided also, that in such places where mortuaries haue bene accustomed to be taken of lesse value, none shalbe compelled to paye any other mortuarie or more for any mortuarie then hath bene accustomed, nor no mortuarie there shalbe demaunded of any person exempt by this acte vpon payne afore lymyted.

¶ An acte for the assuraunce of fermoures, made .ā. 32. Hen. 8.

AL leases heereafter to be made of any manours lādes tenementes or other hereditamentes by wryting in • cted vnder seale for terme of yeres or for terme of life by any persons being of ful age of one and twenty yers hauyng any state of inheritāce either in 〈◊〉 simple or in fee tayl in their own right or in the right of their churches or wy • es or ioyntly wt their wiues of any estate of inheritāce made before y• c • uerture or after, shal be good & effectual in the law agaynst y• lessours their wyues h • yres and successours according to such estate as is comprised in euery such inden • i • ee of lease.

Prouided, that this acte shal not extende to any leases to be made of any lādes tenemētes or hereditamētes being in the handes of any fermo • t by vertue of any olde lease, onles the same olde lease be expired futrend • ed or: ended within one yeare nexte after the making of the sayd new lease, nor yet shal extende to any graunt to be made of any reuertion of any landes tenementes or hereditamentes, nor to any lease of any such landes tenementes or hereditamentes as haue not most commonly bene letten to ferme or occupied by the fermours therof by the space of .xx. years nexte before such lease therof made, nor to any lese to be made without impeachment of waste, nor to any lease to be made aboue the numbre of xxi. yeares or thre liues at the most from the day of making therof. And yt vpon euery such lease there be reserued yearly during the same lease dewe & payable to the lessours their heires and successours to whom the same landes shuld haue come after the dethes of the lessours if no such lease had bene therof made and to whom ye reuersion therof shal perteine according to their estates & interestes, so moch yerly rent or more, as hath bene most accustomably yelden for the same within .xx. yeres next before such leases therof made, & that euery person to whome the reuersion therof shal perteine after the deathes of such lessours or their heires: shal haue such lyke remedy and auantage to al ententes and purposes against the fermours therof their executours and assignes, as ye same lessour shuld or myght haue had.

Prouided also that y• wyfe be made partie to euery such lease as shall be made by her husbande of any landes being the inheritance of the wife, and that euery such lease be made by indenture in the name of the husbande & his wife, and she to seale y• to same. And that the rent be reserued to the husbande and to the wife and to the heires of y• wife accordīg to her estat • of inheritance in the same. And that the husbande shall in no wise aliene discharge graūt or giue awey y• same rēt reserued nor any parte therof longer then during the couerture, without it be by fyne leuyed by the sayde husband and wyfe.

Prouided furthermore that this acte extende not to giue any lybertie or power to any persons to take any mo fermes leases or takings of any manours lādes tenementes or other hereditamentes, than they myghte lawfully haue done before y• making of this acte, nor yet extende to giue any libertie or power to any person or vicar of any church or vicarage for to make any lease or graunt of any their messuages landes tenementes tithes profytes or hereditamētes belonging to their churches or vicaragies otherwise than they myght haue done before the making of this acte.

❧ An acte that fermoures shall take auantage of condicions and couenantes, against graū tees of reuersions .ā. 32. Hen 8.

AL fermours and grauntees of lordships landes rentes personages tithes portiōs or any other hereditamentes for terme of yeares life or liues their executours administratours and assignes shal haue like action and remedy against all persons and bodyes polytike their heires successours and assignes whiche haue or shall haue any gift or graunte of the king or of any other person of the reuersion of the same lordships landes tenementes and other hereditamētes so letten or any parcel therof for any condicion couenant or agrement conteyned in the indentures of their lease as they might haue had against their sayd lessours and grauntours their heires or successours, al benefytes & aduantagies of recouries in value by reason of any warranty in dede or in law by voucher or otherwise onely excepted.

Prouided that this acte shall not extende to hinder or charge any person for the breche of any couenant or condition comprised in any such writing as is aforesayd, but for such couenantes and condicions as shall be broken or not perfourmed after the fyrst day of Septembre in the .xxxii. yeare of this king and not before.

❧ Of falsifieng of recoueries by fermers, inacted .ā. 21. Hen. 8.

All fermers or lessees for terme of yeares may herafter falsefie for their terme onely, recouerees had by fayned titles aswell as a tenaunt of frehold might at the comen law, And the same fermers or termers their executours and assignes shal enioy their sayd termes according to their leases agaynst suche recoueries euen as yf none such had be suffered. In whiche case neuertheles the recouerer, after such recouery had, shal haue lyke remedy against the termers by auowry or action of dette for rentes and seruices reserued vpon the same lesses, being dew afore the same recoueries, and lyke actions for waste done after the same recoueries, as the lessours myght haue had if no such recouery had be had. Furthermore no statute staple, statute marchant, nor executiō by elegit shalbe herafter auoyded by any such fayned recouery, but like remedy shalbe had to auoyd and falsefie the said recoueries, as by the premisses is ordeined for the fermour or lessee for terme of yeares.

❧ An acte for auoiding of recoueries by collusion against tenātes for terme of lyfe .ā. 32. Hē. 8.

WHere diuerse persons being seased of landes tenementes and hereditamētes, as tenātes by y• courtesy of Englande, or otherwise onely for terme of life or liues, haue heretofore suffred other persons by agremēt or couin betwene them had, to recouer the same against them in the kinges court, by reason whereof, those ꝑsons to whome the reuersion or remainder thereof hath belonged, haue after the dethes of ye same particular tenantes bene driuen to their actions for the recontinuance and obteyning of ye said landes and tenementes so recouered, to their greate & importable charges and expenses, and somtime haue bene clerely disherited of y• same: it is therfore inacted, that all suche recoueries herafter to be had or prosecuted by agrement of the parties or by couin, against any suche particular tenant of any landes or hereditamentes, wherof ye same particular tenant is or herafter shal be seased, as tenāt by ye curtasie of England, tenant in taile after possibilitie of issue extincte, or otherwise for terme of lyfe, shal from hensforth, as against such persons to whō the reuersiō or remainder therof shal then appertayn & ageinst their heires and successours, be clerely voyde and of none effecte.

Prouided alway, that this act shal not extend to any person yt shal hereafter by good title recouer any hereditamentes without frawde or couin against any such partituclar tenant by reasone of any former right or title, nor to auoyd any recouery hereafter to be had against any such particular tenaunt by thassent and agrement of those in the reuersion or remaynder, so that the same assent and agrement do appere of record in ye kinges court.

❧ Of discontinuance

IT is called a discontinuāce by the lawes of Englande, when he that hath the possession of landes or tenementes for the time present & yet not hauing the fe simple in himselfe nor in his own right only maketh an alt • enation of the same lādes to an other person, by reasō wherof, he that shuld haue them after him, and which then hath right vnto them, can not entre into them, but is driuen to his remedy by wey of action, in such wise that the sayd landes be not vtterly shifted and gone trō such person of persons as haue right vnto them, but be alō ly discontinued for a time, til the person which after the death of such discontinuer hath right vnto them, do recōtinew & bring them home againe not by entrye but by sute and wey of action. As for exemple, if tenāt in taile of certaine landes doth infeffe an other in the same, in se simple or fe taile and hath issue and • peth, his issue can not entre into the landes, though he hath title and right vnto them, but is put to his action, whiche is called • formedone in the descendre. And if such tenāt in taile which maketh such a feoffement, hath no issue at tyme of his death, it is yet neuerthelesse a discontinuance to him which is either in the reuersion or in the remaindre, so that neither thone nor thother can entre, but they be driuen to their action he in the reuersion to his formedone in the reuertir, and he in the remaindre to his formdone in the remaindre.

In like maner if a bishop doth aliene landes which be parcel of his bishoprich, and dyeth: this is a discontinuance to his successour, forasmoch as he can not entre, but is driuen to his writ of entre sine assēsu capituli.

Semblably, if a Deane be sole seised of lādes as in y• right of his deanrye and maketh suche an alienation, this is a discontinuance to his successour. Also if the maistre of an hospital alieneth certaine lād • s of his hospital, this is a discontinuāce and his successour can not entre, but is put to his writte de íngressu síne assensu cō fratrum & sororum.

But if a persō or vicare of a church will alien any landes or tenementes, whiche be parcell of his glebe landes to an other in fe simple or in fe taile, and dyeth or resigneth his benefice: this is no discontinuance to his successour, but that he may very wel entre, not wtstandinge suche alienation made by his predecessour. The cause of this difference Master Litletonne doth largely declare in his boke of Tenures, which to auoid ꝓlixitie I here omitte and remitte you to him.

Only of this one thing I wil admonishe you, that in the .xxxij. yeare of this kingꝭ most noble reigne, it is inacted, that no fine feffement or other acte to be made or suffred by the husband only, of any landes or tenemētꝭ being the inheritāce or frehold of his wife, duringe the couerture betwene them, shalbe any discōtinuāce therof, or be preiudicial or hurtful to the said wife or to her heires, or to such as shal haue right title or interest to the same by the death of such wife, but that the same wife and her heires, and such other to whom such right shall apperteine after her decesse, shal & may thā lawfully entre into all such landes & tenemētes according to their rightes and titles therin.

❧ That wrongful disseisin is no discent in the law, inacted .ā. of wrongful disseisin. 32. Hen. 8.

WHere diuers persons afore this time haue by strength and wt out title entered into lādes tenemētes and other hereditamentes and wrōgfully disseased & dispossessed y• rightful owners and possessours therof. & so being seased by disseisin haue therof died seased by reason of whiche dieng sesed, the parties y• were so disseised and dispossessed or such other persons as before suche discent myght haue laufully entred into y• said lādes and tenementes be therby clerely excluded of their entre into y• said lādes and tenementes & put to their action for their remedy and recouery therin: it is inacted, that the di • g seased herafter of any such disseisour of any lā des tenemētes or other hereditamēts hauing no right or title therin shall not be taken or demed any such discent in the lawe for to take away the entrie of any suche persons or their heires whiche at the tyme of the same discent had good and lawful title of entre into the saide landes tenemētes or hereditamendtes, Excepte that such disseasour hath had the peasible possession of the lādes tenementes or hereditamētes wherof he shal so die seased by the space of fiue yeares nexte after the disse • sin by him commytted without entre or continual clayme by such as haue lawful title therunto.

❧ The limitation of prescriptiō inacted anno. xxxii. Hen. viij.

NO person shal sue or maynteine any writte of right, or make any title or claym to any lādes tenemētes rentes annuities commons pensions porcions corrovies, or other herevitamentes of ye possession of his ancestor or predecessor, and declare any further season or possession of his auncestour or predecessor, but onely of the season or possession of his ancestor or predecessor, whiche hath bene seased of the same within .lx. yeares nexte before y• teste of the same writte, or next before the said title or claime, so to be sued.

Also no persone shal sue or mainteine any assise of Mortancestor, Cosinage, Ayle, writ of entree vpon disseason done to any of his auncestors or predecessors, or any other action possessary, vpon the possession of any of his auncestours or predecessours, for any landes or other hereditamentes of any further season or possessiō of his ancestor or predecessor, but onely of the season or possession of his ancestour or predecessor, whiche was seased of y• same wythin fifty yeres next before the teste of the oryginall of y• same writ. And no person shal maynteyne any action for any landes or other hereditamentes vpon his owne seasone or possessiō therin, aboue .xxx. yeares next before the teste of the original of the same writte. Item no person shal make any auowry or cognisaunce for any rent suite or seruice, & alledge any season of the same in his auowry or cognisance in the possession of his ancestors or predecessours, or in his owne possession, or in y• possessiō of any other whose estate he shal claym to haue, aboue fifty yeres next before the making of the sayd auowry or conysaunce. Moreouer al formdownes in reuerter, formedownes in remainder, and scíre facías vpon fy • es of landes or other hereditamētes at any tyme to be sued, shall be taken wythin fifty yeres next after the tytle of action fallen. And if any person do sue any of the said actions or writtes for any lādes or other hereditamētes, or make any auowry conysance prescription or claime for any rente suite seruice or other hereditamentes, and can not proue y• he or hys ancestours or predecessours were in actuall possessiō or seasō therin at any time wtin y• yeares before lymited, if the same be trauersed or denied by y• partie plaintiffe demandant or auouant or by the partie tenant or defendāt, he and his heires shal from henseforth be vtterly barred for euer of euery the sayde wryttes actions auowries conisance prescription title and clayme hereafter to be sued or made for y• same lādꝭ tenementes or other the premisses, for which the same action wrytte • auowry conysāce title or claime hereafter shal be at any tyme sewed or made.

Prouided, that al persons whiche now haue any of y• said actions writtꝭ auowries scire facias conisance prescription title or claime depending, or that hereafter shal sewe or bring any of the sayd writtꝭ or actions, or make any of the said auowries cognisances prescription titles or clayme at any time before the feaste of the ascention of our Lorde which shalbe in the yere of our lord a thousand fiue hundreth forty and syxe, shal alledge the season of their ancestours or predecessours, or their owne possession and season, & also haue al other lyke aduantage in the same writtes actiōs auowries conisances prescriptions and claymes: as they myght haue had before y• making of this statute. Prouided also, that if any persones, beinge nowe within the age of .xxi. yeres, or couert barō, or in prisō, or out of this realme of Englād, now hauing cause to haue or bring any of y• saide writtes or actions, or to make any auowries cognisances prescription or claymes, it shal be lauful to such persōs, to sue or brīg any of the said actiōs, or to make any of the said auowries cognisances titles or claimes at any time wtin syxe yeres nexte after such persons nowe being within age, shal accomplish the age of .xxi. yeres, or now beyng couert barō, shal be sole, or now being in prison, shal be at their lybertie, or nowe being out of this realme, shal come & be within this realme. And that euery such persons in their sayd actions auowries conisāces titles or claimes to be made sued or commenced wtin the said syxe yeares, shall alledge the season of their auncestours or predecessours, or of their own possession, or of the possession of those whose estate they shal thā claime: And also within the same syxe yeares shall haue lyke aduantages in y• same, as they might haue had before y• makīg of this acte.

Prouided also, that if the sayd ꝑsons now being within age, or couert baron, in prison or out of this realme, do dye within age, or being couert, or while they shal be in prison, or out of this realme, or decease wtin .vi. yeres next after they shall accomplysh their ful age, or shalbe at large, within this realme, or shal become sole, and no determination or iugement had of such titles actions or rightes so to them a • rewed, then the next heir of such persons so dying shal enioy lyke aduantage to sue demaund aduow declare or make their sayd tytles claymes or prescriptions within .vi. yeares nexte after the deathe of such persons, as y• same infant after hys full age, or the sayde woman couert after ye death of her husband, or ye same person beinge oute of this realme after hys repayre or commyng in to ye 〈◊〉 or the saide ꝑson imprisoned after his enlargemēt and commyng out off pryson, myght haue had wythin .vi. yeres then nexte ensewyng by force of ye prouision last before rehersed▪

Prouided also, that if any persons before the sayd feaste of the ascention sue any of the said actions or make any auowry title or clayme, & the same happen by ye death of any the parties therunto, to be abated before iugemēt or determination therof had, then the sayd persons being demaūdantes or auowantes, or making any such cognisaunce prescription tytle or clayme being than on lyue, and if not, than their next heires, may commence their action and make theyr auowry conisaunce or clayme vppon y• same matter within one yeare nexte after suche suite abated, and shal haue like aduāttage to sue demaund auow declare or make their said titles claymes or prescriptions within the sayd one yeare, as the demaundantes in suche writte or suite abated, or as suche as did auowe or make conisance title clayme or prescription, myght haue enioyed in the sayd former action or suite.

Prouided furthermore, that if any false verdit happen herafter to be giuen in any of the sayde actions sutes auowres prescriptiōs tytles or claimꝭ than the partie greued may haue his attaint vpon euery such verdit so giuen, and the plaintiffe in the same attaint vpon iudgement for him giuen shal haue his recouery execution and other aduātage in like maner as heretofore hath bene vsed.

❧ Of fines.

FInes haue theire name, bycause they make a final ende and determination of all suites strifes and debates betwene men. For the due leuieng wherof, it was inacted in the .iiii. yere of King Henry the seuenth, that they muste be solemnly before y• iustices of the common place red and proclamed the same terme & three termes next folowing y• ingrosmēt, at whiche tymes al y• plees must cease. And such fines shalbe a sufficient barre and discharge against al persons, sauing against women that be couert baron if such women be not priuie to the same fine, or such as be within age, in prisō, out of the realme, or out of their right myndes. But these fines shall not cō clude ne barre all straungers whiche haue right to entre or to haue any action, if they come within .v. yeares astre suche proclamations made or (in case the cause of action falleth vnto them after the fyne so duely leuied) if they come and commence their action and suite within .v. yeares nexte after such cause of action to them accrued. And they may sue against the takers of the profittes. But if they that haue right to the same be within age, in prison, couert baron, out of the realme or not in their right memory: then their title or entrie shal be saued vnto them tyl they be of ful age, out of 〈◊〉 , discouered and sole, within the real • e or of • ight mynde, and then within fyue yeres after, their action or entrie must be sued or made with effecte

Also ye shal vnderstand, that by the said stature of Henry the .vii. it shalbe a good plee for al straungers to saye, that they that were parties to the fine nor none other to theire vse, had any thing in the tenementes or landes at the tyme of the leuying of the fine.

Furthermore ye shal note that in the .xxxii. yeare of this king, for thaduoyding of certaine doubtes and ambiguities, it was inacted, that al fines aswel hertofore leuied, as hereafter to be leuied according to the sayd statute of Henry the .vii. by any person of the ful age of .xxi. yeres, of any landes or other hereditamentes beinge before y• fine leuied in any wise intayled vnto him or to any of his ancestors in possession reuersion remaindre or in vse: shalbe immediatly after the same fine leuied ingrossed and proclamations made, a sufficient barre and discharge for euer aswel against him & his heirs clayming the same onely by force of any such entaile, as against al other to their vse, so that the same fines be not leuied by any woman after the death of her husband, contrary to the statute made the .xi. yeare of Henry ye seuēth, of landes and tenementes of thinheritance or purchase of her husbande or of any his ancestours giuen to her in dower for terme of lyfe or in tayle in vse or in possession. Excepted also al fines leuied or to be leuied of any such landes or other hereditamentes as the owners therof by any special acte of parliament made sith the said fourth yeare of Henry the .vij. be restreined from making any alyenations discontinuancies or other alterations of the same. Also of such landes as be now in sute and variāce in any of the kinges courtes, or wherof any euidences be now in demande in the Chancery, or which be already couered. Excepted also fines leuied or to be leuied by any person, of landes or tenementes granted to him or to his ancestours in taile either by the kingꝭ letters patentes, or by vertue of any acte of parliament, wherof the reuersion is in the king.

❧ Of testamentes or last willes.

TEstamentū in latyn is as moche to say as mentis testatio, that is a declaratiō or witnessinge of a mans mynd. And there be two sortes of testamentes. The one is called testamentum scriptum, that is, a written testament, or a last wil by writing, and the other is called testamentum nuncupatū a testament nuncupatiue, which is when a man wyl expresse by mouth his last wil and testament wtout wryting, onely by calling before him certayn of his neighbours in whose presence he doth signifie by wordes his last minde and wil. And this for most parte men vse to do when for feare of sodennes of deth, they dare not abyde the writing of their wil. And this wil (onlesse it be in certaine cases) is as strong and as sure, as is a testament or laste will put in writing and sealed with the seale of the testatour.

Also ye shal vnderstād that though a testament by writinge be not sealed with the seale of the testatoure, yet is the testament good & effectual in the lawe.

And ye shal also marke, that where a man maketh ones his testament & wil, and afterwarde maketh an other wil by wordes: if his laste will be proued before the Ordinary, and by him put in wryting and insealed with his seale, such last wyl shal auoid the first wil, onles it be in special cases, and so alweyes the latter wil and testament shal auoyd the former.

Finally ye shal obserue, that by an acte of Parliament made in the .xxi. yeare of our soueraigne lorde Kinge Henry theight, it was ordeyned that where part of therecutours named in the testament of their testator wherin any landes or tenementes be willed to be solde by them: refuseth to take vpon them the administration, & the residue do take the charge and administration therof vpon them: in thys case al bargaines and sales of the said landes made only by those executors that toke the administratiō of y• testament vpon them, shalbe as good and as effectual in the law, as if as the residue of y• same executors so refusing had ioyned with them or him, if it be but one person, in the makinge of the bargaine and sole.

❧ An acte for probate of testamentes made .ā. xxi Hē. viii.

NOthing shalbe takē by any person that hath auctoritie to take probation insinuation or approbation of any testament for the probation of the same, where the goodes of the testatour do not amounte aboue the value of .C. shillinges. Excepte to the scribe for writing therof .vid. And for the commission of ministration of the goodes of any dieng intestate not being likewise aboue .C. shillīges, vid. Also none hauing power to take probation of testamentes shall refuse to approue such testamentes being lawfully offred vnto them in writinge wt wax therto affixed redy to be sealed, so that the same be lawfully proued before y• same ordinarie to be trew. And when the goodes of the testatour do amount aboue the value of .C. shillinges & not excede the summe of xl.li, none shal take for the probation regestring sealing and writinge of any such testament aboue the summe of iii s.vi d. wherof to be to them y• haue auctoritie to take the probation .ii s. vi d, and the other .xii d. to the scribe for regestring of the same.

And where the goodes amoūt aboue xl.li. than onely .v. shyllynges to be taken, wherof to be to them that haue auctorite to take the probation .ii s. & .vi d. and thother .ii s. vi d. to be to the scribe for y• regestring or els if he wyl refuse that .ii s. vi d, then he to haue for euery .x. lines of the same testamēt euery line conteyning in length .x. inches, i d.

And they that haue auctoritie as is aboue sayde shall approue insinuate seale and regester the sayde testamentes and deliuer the same sealed wyth the seale of their office to thexecutours for the sommes abouesaid & that with conuenient spede without any frustratorie delay.

And if any person dye intestate or thexecutours refuse to proue the said testament: than they hauing auctoritie as is abouesaid, shal grauntthadministration of y• testatours goodes or person disceased to the widowe of the same person deceased or to ye next of kinne or to both after their discretiō, taking suretie of them for ye trewe administration of the goodes & dettes whiche they shall be so authorised to minister. And where one or diuers claime thadministration as nexte of kin which be egal in degre of kinred, or where any one persone desireth the administration as nexte of kin where in dede diuers persones be in equalitie of kinred: then in any such case the ordinarie shalbe at libertie to take one or mo making request. And where diuers do require the administration, or where but one or mo of them and not al being in like degre, make request: than the ordinarie shal admit the widowe and him or them onely making request or any of them, taking nothīg for the same where the persone deceased died not worth C.s. And if he died worthe C.s. and not aboue xl.li: than ijs. vi d. onely to be taken. And thexecutor or administratour callinge to him the dettors two at ye least or such persons to whome any legacie was made and if they refuse than .ii. nexte of kin to the persone deceased and in their defaute .ii. other honest persons shal by their discretions make a trew inuentory indented of al the goodes, whiche persons sweringe before the bishoppe or his officers to be trewe: shal deliuer the one parte therof vnto them, & the other kepe with himselfe. And none hauinge authoritie to take probate of testamentes vpon payne conteined in this statute shall refuse to take any such inuentory presented or tended to them.

Prouided, if any person shall dispose or wil by his testament any landes or hereditamentꝭ to be solde, that the mony or profites of ye same be accōpted for goodes or catels. And they hauing the auctorite abouesaid vpon the deliuerie of the seale and sygne of the testatour shall cause y• same to be defaced and incontinent shall redeliuer it to y• executor wtout any claime. And if any require a copy of the testament and inuentory: than they hauīg auctoritie or their ministers, shal wt out frustratorie delay, delyuer them a copy taking therfore and for the regestring of the same (or els for euery ten lines. i d) as before is specified.

Prouided, that where they hauing auctoritie as is abouesaid haue vsed to take lesse for the probate of testamentes or other thinges concerning the same than is here specified: they shal take as they did before this acte.

Now if any that haue auctoritie to take probate of testamentes or their ministers do attempte agaynste this acte: they shal forfete for euery time to the partie greued as moche mony as they shall take contrary to this acte. And ouer that .x.li, the one half to the king, the other to the partie greued, yt wil sue by action of dette bil information or otherwise in any of the kinges courtes, wherin no essoine protection nor wager of law shalbe alowed, And euery of them shalbe charged for him selfe and for none other.

Prouided, that euery hauing auctoritie abouesaid, may cal before them euery person named executour, to the intent to proue and refuse the testament and to bring in inuentaries and to do euery other thinge concerninge the same, as they myght before this acte, so that neither they nor their ministers shal take aboue the fees limited by this acte.

❧ How landes and tenementes may be by testamēt or otherwise disposed, inacted .ā. xxxii. Hē. viii.

EUery person hauing landes or other hereditamētes holden in socage, or of ye nature of socage tenure, and not hauing any landes or hereditamētes holden of ye king by knightes seruice, or by socage tenure in cheif or of ye nature of socage tenure in cheife, nor yet of any other person by knightes seruice: shal from y• .xx. day of Iuly in the yeare of our lorde .M.D.Xl. haue full libertie & power to giue dispose & deuise aswel by testamēt in writing, as otherwise by any acte laufully executed in his life, al his said landes or hereditamentes or any of them.

And euery person hauing landes or other hereditamētes holdē of y• kinge in socage or of the nature of socage tenure in cheife, and hauing also any other landes or hereditamentes holden of any other person in socage or of the nature of socage tenure, & not hauing any hereditamentes holden of y• king or of any other by knyghtes seruice: may from the sayd tyme giue and deuise as wel by testament in writing, as otherwise by any acte laufully executed in his life: al his sayd landes and hereditamentes or any of them at his pleasure. Sauing to the king all his right of primer season & reliefes, aud also all other rightes & duties for tenures in socage or of the nature of socage tenure in chief, as hertofore hath bene accustomed, the same landes or hereditamentes to be taken and sued out of the kinges handes by the person to whom any such landes shalbe disposed willed or deuised in like maner as hath bene vsed by any heire or heires before the making of this statute. And sauing and reseruinge also fines for alienations of suche landes tenementes or hereditamentes holdē of the king in socage or of the nature of socage tenure in chiefe wherof shal be any alteration of frehold or inheritance made by wyl or otherwise as is aforesayd.

Item al persones hauing landes or other hereditamētes of estate of inheritance holden of the king in chiefe by knightes seruice or of ye nature of knightes seruice in chiefe: shal in like maner haue power to giue wyl or as • signe two parties of the same in three partes to be deuided or elles as much of the same as shal amount to the yer • y value of two partes of the same in three partes to be deuided in certaintie and by special diuisions as it may be knowne in seueraltie for ye aduācement of his wife prefermēt of his children and payment of his dettes or otherwise at his pleasure. Sauing to the King aswel the wardship and primer season of as moch as shal amoūt to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof: as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief, wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise.

And euery person hauing lādes or truementes of estate of inheritaunce holden of the king in chief by knightꝭ seruice, & other landes holden of him or of any other by knightes seruice or otherwise, shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of ye same in thre partes to be diuided or elles as moch therof as shal extende to y• yearly value of two partes of the same in three partes to be diuided in certainty. Sauing to the king y• wardship & primer season of as moch thereof, as shall amounte to the yerely value of ye third part, wtout diminution dower couein charge or subtractiō of the same or of the ful profittes therof. Sauing also al fines for alienations as is abouesayde.

Item euery person holding landꝭ or other hereditamentes onely of any other than of y• King by knightes seruice and other landes and tenemētes in socage or of ye nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared: And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure. Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutiō dower fraud. &c

And euery person holdinge onely of ye King by knightes seruice but not in chief, or holdīg of y• king by knightes seruice and not in chiefe, and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of y• nature of socage tenure: may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice & two partꝭ of the hereditamentes holden of any other persō by knightes seruice, or as moch of either of them as shal amoūt to the ful yearly value of two partes and also al his landes and tenemētes so holdē in socage or of ye nature of socage tenure. Sauing as wel to ye king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution &c. As also to the lordes of whom any of the said landes or other hereditamētes bene holden by knightes seruice for wardshyp as moche of the same so holdē of them by that seruice, as shal amount to the clere yerly value of the thirde parte in maner aboue declared.

Prouided, that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii, part of all the sayde hereditamentes whereof ye king shalbe intitled to haue the custody or primer season: than the kinge maye take into his handes as moch of thother two partes of ye sayd hereditamētes as with that of ye same hereditamētes remayning in his hā des shal make vp the clere yearly value of the thirde parte of ye said lādes and tenementes so to be had to him in title of wardship and primer seasō. And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concernīg only his third part for title of wardship.

Also al persons shal sue their lyueries for possessions reuersions or remaynders, and also pay reliefes and heriettes like as they shuld haue done before y• making herof. And fines for alienatiōs shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fi • e or feoffement.

Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde, none other fine shalbe payd in the same court for any such writtes.

Item where two or more persons holde of the king by knightes seruice ioyntly to them & to the heires of one of them, and he that hath the inheritaunce therof dyeth, his heire beinge wtin age: the king shal haue y• warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding.

Sauing to al women such right & title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of y• two partes of the said landes or tenementes seuered frō the thirde parte as is abouesaide and not otherwise. And sauing also to the king the reuersions of al such tenātes in ioyntenure and dower immediatly after ye death of such tenantes, if they shal happen to die, during y• none age of the kinges wardes.

❧ Of mariagies, inacted .ā. 32. Hen. 8.

IT is inacted, that from ye first day of Iuly, in the yeare of our Lorde a .M.D. and .XL. al mariages within this churche of Englande contracted betwene lawful persōs, as by this act we declare al persōs to be lauful that be not prohibited by gods law to mary, such mariages being contract and solemnised in the face of the church & consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene y• parties so maryed, shal be demed & taken to be laufull good & indissoluble, not withstādyng any precontract of matrimony not cō sūmate with bodily knowlege whiche either of y• persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consūmate, or wherof such frute is ensued or may ensue as afore: and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise: And that no reseruation or prohibition, godes lawe excepte, shal trouble or impeache any mariage without leuiticall degrees. And that no person shal after the said fyrst day of Iuly aforesaid, be admitted in any of the spirituall courtes wt in this the kinges realme, or any hys other landes and dominions, to any processe plee or allegation contrary to this acte.

FINIS.