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
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 couenaÌ„tes 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 couenaÌ„tes and condicions as shal be broken or not performed after the firste day of Septembre in the xxxij yeare of king Henry the viii not before ¶ How tithes and other profytes ecclesiastical shal be recouered inacted aÌ„ 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 yâ— 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 determinatioÌ„ 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 the reasonable costê 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 senteÌ„ce diffinitiue giueÌ„ 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 that 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 senteÌ„ce 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 recognisaÌ„ce or otherwise before the 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 hereditameÌ„tes 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 the makiÌ„g of this act And it is further enacted that where any that hath an inheritaÌ„ce frehold terme or interest in any personage vicarage porcion pension tithes oblations or other ecclesiastical profyte whiche is or shal be made temporal or admitted to be in temporal haÌ„des 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 the same by any other person claming to haue interest therin the person so disseised or wrongfully put from his sayde right or possessioÌ„ his heires wife and other to whom such wroÌ„g shal be done may haue his remedye in the kinges temporal courtes as the case shal require for the recouery of the same by writtes original of prec ê™ reddat ass of nouel disseison mortdanc Quod â—i deforciat writtes of dower or other writtes original to be graÌ„ted in yâ— chaÌ„cery of euery such ê‘sonage vicarage porcioÌ„ pension or other profyt eccesiastical according to the nature of yâ— sute therof And that writtes of couenant and other writtes for fines to be leuied al other assuraÌ„cies to be made of any such personage or profyt ecclesiastical shal be hereafter deuised graunted there lyke as hath bene vsed for fynes to be leuied and assurance to be had of laÌ„des or other hereditameÌ„tes and that al iugemeÌ„tes to be geuen vpon any of the sayd writtes original so to be grauÌ„ted for any yâ— premisses al fines to be leuied knowleged in any of yâ— kings said courtes therof shall be of like force in the law as iugemeÌ„tes giueÌ„ fines leuied of laÌ„dê tenementê here ditameÌ„ts in the 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 wtholde 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 aÌ„ 21. Hen. 8. NO person spiritual nor their fermers nor baylyffes shal cal any person before any iudge spiritual for yâ— 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 sÌ„ to the partie greued for which he shal haue an action of det by wryt byl or information wherin no wager of law effoin nor protection shal be alowed First no Mortuarie shal be taken of any which at his death hath in mouable goodes
tenemeÌ„tes or hereditamendtes Excepte that such disseasour hath had the peasible possession of the laÌ„des tenementes or hereditameÌ„tes wherof he shal so die seased by the space of fiue yeares nexte after the disseâ—sin by him commytted without entre or continual clayme by such as haue lawful title therunto ⧠The limitation of prescriptioÌ„ inacted anno xxxii Hen. viij NO person shal sue or maynteine any writte of right or make any title or claym to any laÌ„des tenemeÌ„tes rentes annuities commons pensions porcions corrovies or other herevitamentes of the 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 yâ— 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 possessioÌ„ of his ancestor or predecessor but onely of the season or possession of his ancestour or predecessor whiche was seased of yâ— same wythin fifty yeres next before the teste of the oryginall of yâ— same writ And no person shal maynteyne any action for any landes or other hereditamentes vpon his owne seasone or possessioÌ„ 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 yâ— possessioÌ„ 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 scÃre facÃas vpon fyâ—es of landes or other hereditameÌ„tes 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 laÌ„des or other hereditameÌ„tes or make any auowry conysance prescription or claime for any rente suite seruice or other hereditamentes and can not proue yâ— he or hys ancestours or predecessours were in actuall possessioÌ„ or seasoÌ„ therin at any time wtin yâ— yeares before lymited if the same be trauersed or denied by yâ— partie plaintiffe demandant or auouant or by the partie tenant or defendaÌ„t 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 yâ— same laÌ„dê tenementes or other the premisses for which the same action wrytteâ— auowry conysaÌ„ce title or claime hereafter shal be at any tyme sewed or made Prouided that al persons whiche now haue any of yâ— said actions writtê auowries scire facias conisance prescription title or claime depending or that hereafter shal sewe or bring any of the sayd writtê 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 shal be 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 actioÌ„s auowries conisances prescriptions and claymes as they myght haue had before yâ— making of this statute Prouided also that if any persones beinge nowe within the age of .xxi. yeres or couert baroÌ„ or in prisoÌ„ or out of this realme of EnglaÌ„d now hauing cause to haue or bring any of yâ— saide writtes or actions or to make any auowries cognisances prescription or claymes it shal be lauful to such persoÌ„s to sue or briÌ„g any of the said actioÌ„s 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 baroÌ„ 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 conisaÌ„ces 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 thaÌ„ claime And also within the same syxe yeares shall haue lyke aduantages in yâ— same as they might haue had before yâ— makiÌ„g of this acte Prouided also that if the sayd ê‘sons 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 shal be at large within this realme or shal become sole and no determination or iugement had of such titles actions or rightes so to them aâ—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 yâ— same infant after hys full age or the sayde woman couert after the death of her husband or the same person beinge oute of this realme after hys repayre or commyng in to the 〈◊〉 or the saide ê‘son imprisoned after his enlargemeÌ„t and commyng out off pryson myght haue had wythin .vi. yeres then nexte ensewyng by force of the prouision last before rehersed â–ª 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 the death of any the parties therunto to be abated before iugemeÌ„t or determination therof had then the sayd persons being demauÌ„dantes 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 yâ— same matter within one yeare nexte after suche suite abated and shal haue like aduaÌ„ttage 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 prescriptioÌ„s tytles or claimê than the
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