Selected quad for the lemma: church_n
Text snippets containing the quad
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Corrected Date of Publication (TCP Date of Publication) |
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A22780
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Institutions in the lawes of Englande cum priuilegio.
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1538
(1538)
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STC 9290; ESTC S108752
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28,451
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110
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onely ¶ Homage auncestrell ¶ Tenaunt by homage auncestrel is he whiche holdeth his lande of his lorde by homage and bothe he and his auncestours whose heyre he is haue holden the same land of the sayd lorde of his auncestours tyme out of minde by homage and haue done vnto them homage and this is called homage auncestrell by reason of the longe continuauÌce whiche hath ben by title of prescription as well concernynge the tenauncy in the blode of the tenaunt as concernynge the segnorye in the blode of the lorde And this seruyce of homage auncestrell draweth vnto it warrantye that is to saye yf the lorde which is now in lyfe hath ones receyued the homage of his tenauÌt he ought to warrant the same tenaunt what tyme so euer he shal be impleaded or sued for suche land so holden of hym by homage auncestrell Moreouer suche seruyce of homage auncestrell draweth to it acquitale yâ is to saye the lord ought to acquite the tenure agaynst all other lordes that can demaunde any maner of seruyce out of the tenauncye Wherfore yf in this case the tenaunt whiche holdeth by homage auncestrell be impleaded of his landes and voucheth is lorde to warraunty who coÌmeth in by processe and demaundeth of the tenaunte what he hath to bynde hym to the warrante and the tenure sheweth how he and his aucestours whose heyre he is haue holden his lande of hym and of his auÌcestours tyme out of mynde the lord yf he can not denye this and yf he haue receiued the homage of suche a tenaunte is bounde by the lawe to warrant hym his lande so that yf the tenaunt lose his lande in defaute of the lorde thus vouched that is to saye called to warranty he shall recouer agaynst hym so moche in value of those landes and tenementes whiche the lorde had at the tyme of callinge to warrantye or at any tyme after But if the lorde neuer receyued thomage of his tenauut than he maye very wel whan he is thus voucheâ disclayme in the segnorye and so put out the tenaunt of his warrantye Where ye shall note that in euery case that the lorde disclayme in his segnory in courte of recorde his segnory is extincte and the tenaunte shall holde from thensforthe of the nexte lorde to hym that thus disclaymed Thus ye perceyue that homage auncestrell is not but where as is alonge continuauÌce as well in the bloode of the tenaunt in respecte of his tenauncye as of the lorde in respecte of his segnorye Wherfore if the tenauÌt doth ones aliene his landes to an other althoughe he purchaseth the same agayne yet he shall not hold any lenger by homage auÌcestrell by cause of this discontinuaunce but shall holde it now by the vsuall homage ¶ Of socage ¶ Socage is properly where the tenaunt is bouÌde to come with his soke that is to saye with his plough to earye and sowe percell of the demene landes of his lorde which seruyce in auncyente tyme was very frequent but nowe by the mutuall consent bothe of the lorde and of the tenaunt it is conuerted for the moost parte in to a yerely rente How be it the name of socage abydeth styll Wherfore nowe all that is not knyghtes seruyce is called by the name of of socage So that yf a man holdeth by fealtye onely or by fealtye homage for al maner of seruice it is but socage tenure for homage alone maketh not knyghtes seruyce yea yf a man holdeth by escuage certayne as I haue sayd here tofore he holdeth in effecte but by socage Now where a man holdeth his landes by socage dyeth his heire beynge within thage of .xiiij. yeres the lorde shall not haue the warde but the nexte of kynne to the heyre to whome the heritage can not descende shall haue the wardeshyp as wel of the lande as of the heyre tyll the heyre come to the age of .xiiij. yeres and suche gardeine is called gardeyn in socage and shall rendre accomptes to the heyre for the issues and êfites that he hath receiued of the landes duryng suche tyme his resonable costes and expences deducted so that he shall not haue the wardshyp to his owne vse profite as gardeyne in cheualry hath Finally ye shal vnderstande that whan tenaunt in socage dyeth the lord shal haue reliefe that is to say the value of the rent that is yerely due vnto hym of the tenauncye besyde the yerelye rent so that in effecte after the dethe of his tenaunte he shal haue of the heyre .ij. rentes saue that for the relife he maye distrayne forthwith but for thaccustomed rente he can not distrayne tyll the vsuall daye of payment be come ¶ Franke almoyne ¶ Tenaunt in franke almoyne is where an abbot or pryour or any other man of religyon or ecclesiasticall persone holdeth of his lorde in pure and perpetual almes suche tenure began fyrste in olde tyme in this maner Whan a man was seased in olde tyme of certayne landes or tenementes in his demene as of fee and of the same tenementes enfeoffed an about his couent or a pryour and his couente or any other persone ecclesiastycall as a deane of a colege mayster of an hospitall or suche lyke to haue and to holde the same landes to them and to their successours for euer in pure and perpetuall almes or in franke almes in these two cases the tenementes sholde be holden in franke almoyne By force of whiche tenure they that holde in franke almoyne after this sorte be bounde of ryght before god to make orisons prayers to celebrate masses and other diuine seruices for the soules of theyr graunters and feffars and for the soules of theyr heyres which be deed and for the prosperous estate of theyr heyres that be nowe alyue And bicause of ryght they be bouÌde to this diuyne seruyce they be discharged by the lawe to do any other êphane or corporall seruyce as fealtye or suche other lyke But neuertheles yf such as hold theyr tenementê in franke almoyne do omit these diuine seruicê whervnto they be bounde before god the lorde can not distrayne them ne yet compel them by any other meanes by the course of lawe but the onely remedy is to complayne of them to theyr ordinary who of right ought to compell suche ecclesiasticall personnes to do the diuyne seruyce due as aforesayd But here ye shall note that yf an abbotte or pryour or parsone of a churche or suche lyke holdeth of his lorde by certeyne diuyne seruyce to be done as to syng masse euery frydaye in the weke or placebo and dirige or to fynde a preeste to synge masse or to distribute in almes C. pence to a hoÌdred men at such day In all these cases yf suche diuyne seruyce be vndone the lorde maye very well distrayne bicause the seruyce is put in certayntye Now I sayd that yf in olde tyme a man dyd infeoffe suche spirituall êsone after such sorte he shold hold his lande