rent be behynd vnpayde it shal be 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 yâ— landes or tenemeÌ„tes at the time of the makiÌ„g 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 leasâ— were made by dede indeÌ„ted 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 tenauÌ„t 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 yâ— 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 laÌ„de 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 formâ— of which surrender is coÌ„monlye vsed to be this Ad haÌ„c curiam uenit A. de A. sursum reddit in eadem curia unum mesuagium c. in manus domini ad usum C. de D. heredum suorâ— uel heredum de corpore c. Et super hoc uenit praedictus C. de D. coepit de domino in eadeÌ„ 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 the rolles of theyr lordes courte Neyther can these tenauntes sue or be sued for such landes in yâ— 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 pertinenÌ„ Et facit potestationem sequi quaerelam istam in natura breuis domini regis assise mortis antecessoris ad coÌ„em legem uel c. plegii de prosequeÌ„do 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 tenantê 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 theÌ„ 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 yâ— coÌ„mon 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 tenaÌ„t by the custome is as wel inheritable to haue his lande after the custome
it nor of any parcel therof ye be without remedy by course of the comoÌ„ 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 tenaÌ„t 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 disseisinê 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 shal be therfore good wisdome for a man when a rent is grauÌ„ted 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 yâ— 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 yâ— 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 the 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 enâ—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 yâ— ground for to distreine for his rent behynd for feare of death or of mutilatioÌ„ 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 reÌ„t charges rent seckes and of fee fermes for the arreragies of suche reÌ„tes 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 yâ— 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 yâ— rent How Auowries ought to be made of rentes and seruices inacted aÌ„ 21. Hen. 8. WHere any landes be holden of any person by rentes customê or seruices if the lord distrayne vpon the same landes for any such rentes 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 laÌ„des 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 yâ— same avowrye conysaunce or iustificatioÌ„ be fouÌ„d for them or the playntyffe be nonâ—uâ—â— or otherwise barred then they shal recouer their damagies and costes Also the said playntyffes defendauntê 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 aÌ„ 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
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 the 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 that 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 the lord shall haue the 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 the 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 the 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 the 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 that 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 that 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 out of mynde surely the lorde yf he can not denye this and if he hath receiued the homage of such a tenauÌ„t 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 coÌ„tinuauÌ„ce 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 auÌ„cient tyme was very commen frequeÌ„te 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 that is not knyghtes seruice is caled by yâ— name of socage So yâ— 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 yâ— 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 expeÌ„ses 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 landê 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