very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ◠land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ◠defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ◠ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m◠lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ◠reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth
vsage of the countrey y â— comoÌ„ law of the Realme also whych expoundeth the word Giue to meane a feoffement which not onely disalloweth of any gyft made by an infant but also punisheth the taker in trespas vnlesse he haue it by liuery from y â— infants owne â—â—ndes as appereth in 26. H. 8. 2. 9. H. 7. 24. 18. E. 4. 2. 22. H. 6. 3. and diuers other bookes 21 And if any such tenant in Gauelkind dye and haue a wife that ouerliueth him let that wife by and by bee endowed of y â— one halfe of the tenements whereof her husband died vested and seised by y â— heires if they be of age or by the Lords if y â— heires be not of age soe that she maye haue the one halfe of those landes and tenements to holde so longe as shee kéepeth her a widowe or shal bee attainted of child birth â–ª after the auncient vsage that is to say that iâ— wâ—â— she is deliuered of childe the infant be herde cry and that the hue and 〈…〉 be raysed and the countrie assembled and haue the viewe of the childe so borne and the mother then let her loose her dower wholye â–ª and otherwise not so longe as shée holdeth her a widowe whereof it is sayed in kentish He tâ—at doth wende her Let him lende her This custoÌ„e hath bene â—llowed of by the common lawe longe tyme since as may bee reade Praerog regis cap. 16. 2. H. 3. in Fitz. t' PrescriptioÌ„ 59. c. But it is a doubt whether a womaÌ„ shal be endowed by this custoÌ„e of a possession in lawe or noe for that y â— words be of y e tenements wherof her husband died vested seised which worde vested inforceth a possession in déede and not in lawe onely And therefore if landes in Gauelkynde discend to a maried man â–ª which dyeth before hée make his entry into the same Inquire whether it be y e maner to endowe his wife thereof or noe A woman shall not bée endowed by thys custome of a bailliwike or faire or such like profitte by the oppynyon of M. Parkins fo 84. because y â— wordes of this customary dower bée terres et tenements and al customes shal find a litteral and streight interpretatioÌ„ And where she is to be endowed by this custome shée may very wel be endowed of a moytie to be holden in coÌ„mon with the heire y t eÌ„ioyeth y â— other halfe c. It is a doubt whether y â— a woman entituled to dower in gauelkind may waiue her dower of the halfe after this custome bring her accioÌ„ to be eÌ„dowed of y e 3. at y e coÌ„moÌ„ lawe so exeÌ„pt her selfe froÌ„ al daunger of y e customary conditions or no SoÌ„e haue byn of opinioÌ„ y â— she is at lybertie to take y â— oÌ„e refuse y â— other at her pleasure therefore inquire thereof c. 22 And they claime also that if a man take a wife which hath inheritaunce of Gauelkinde and the wife dieth before hym let the husbande haue the one halfe of those landes and tenements whereof she dieth seised soe longe as he holdeth him a widower without doinge any strippe or wast or banishmeÌ„t whether ther were issue betwene theÌ„ or no. And if he take another wife let him lose al. 23 And if any tenement of Gauelkinde do escheat and that escheat be to any lord which holdeth by fée of Hawberke or by Serieancie by death or by gauelate as is her after sayd or be to him reÌ„dred vp by his tenaunt which before helde it of hym by quite clayme thereof made or if his escheat bee by Gauelate as is hereafter sayd let thys land remaine to y â— heires vnpartable And this is to be vnderstood where the tenant so rendringe doth reteine no seruice to himselfe but saueth neuerthelesse to the other lords their fées fermes and the rentes wherewith the aforesaid tenementes of Gauelkynde so rendred were before charged by him or them which might charge theÌ„ To hold by fée of Hawberke or by Serieancie if it bee graund Serieancie is to holde by knightes seruyce Heahbeony in SaxoÌ„ is a high defence and the Customes of NormaÌ„dy cal y â— fiefe or fée de Haubert which oweth to defende the land by ful armes y t is by horse haubert target sworde or helme And it consisteth of 300. acres of land which is y â— same as some thinke that wée called a whole Knights fée 24 And they claime also that if any tenaunt in Gauelkinde wythholde his rent and his seruices of the tenement which he holdeth of hys lorde let the lord séeke by the awarde of his courte from iij. wekes to thrée wéekes to find some distresse vppon that tenement vntil the iiij court alwaies with witnesse And if w tin that time hée can find no distresse in y â— tenemeÌ„t wherby he may haue iustice of his tenaÌ„t theÌ„ at y â— iiij court let it be awarded that hee shall take that tenement into his hande in the name of a distresse as if it were an Oxe or acowe and let him kepe it a yeare a day in his hande without manuringe it within which terme if the tenaunt come and paye his arrerages and make reasonable amendes for the withholdinge Then let him haue and enioye his tenement as his auÌ„cestors he before helde it And if he do not coÌ„e before y â— yere y e day past theÌ„ let y â— lord go to y e next County court w t the witnesses of his owne court and pronounce there this processe to haue further witnesse And by the awarde of his court after y â— couÌ„tie court holden he shal enter manure in those landes and tenementes as in his owne demeanes And if the tenaunt come afterwarde and wil rehaue his tenements and hold them as he did before let him mak agreemeÌ„t w t y e lord according as it is auÌ„cieÌ„tly said Hath he not since any thing giuen nor hath le not since any thing paid Then let him paye fiue pound for his were beefore he becoÌ„e tenant or holder againe Some copies haue the first verses thus Let him ix times pay ix times repaye This custoÌ„e is touched by the waye by master Frowike 21. H. 7. 15. by him thought to be good but whether it be at this daye put in vre enquire further 25 Also they clayme that no manne ought to make an othe vppon a booke neither by dystresse nor by the power of the lord nor his Bailife against his will w tout y â— writ of the kynge vnlesse it bée for fealtie to be done to his Lord but onely before the Coroner or such other minister of the king y t hath Royal power to enquire of trespasse coÌ„mitted against y â— Crowne of our Lord the king 26 And they clayme y â— euery KeÌ„tishman may essoine an other either in y â— kinges court or in the county or in
y â— hundreth or in the court of his lord where essoine lyeth and that aswell in case of common sute as of plea. Moreouer they clayme by an especiall déede of kinge Henry the father of kinge Edwarde that of the tenements which are holden in Gauelkinde there shal no battayle bée ioyned nor graund assise taken by xii knightes as it is vsed in other places of y e Realme y t is to wit where the tenaunt demaundant hold by Gauelkind But in place of these graund assises let Juries be taken by xii men being tenaunts in Gauelkind so y â— four tenaÌ„ts of Gauelkind choose xii tenaunts of Gauelkynd to be Jurors And y t Charter of the king of this especialty is in the custody of Sir John of Norwood the day of S. Elphey in Caunterbury the yeare of king Edward y e sonne of king Henry the xxi These be the vsages of Gauelkind and of Gauelkindmen in Kent which were béefore the conquest and the CoÌ„quest and euer since till nowe The end of the customes Hauinge thus ended y e custoÌ„es as you sée Brother Nicholas there remayneth nowe to bée shewed what lands w tin this Countrey of Kent be of the nature of Gauelkind and what not First therefore it is to be vnderstanded y t all y â— lands w tin this Shire which be of auncieÌ„t Socage tenure as was said at the béegynnynge be also of the nature of Gauelkind And y â— lands holden by auncient tenure of knightes seruice be at the coÌ„mon lawe are not departible after the order of this custome except certen which béeing holden of old tyme by knyghtes seruice of the Archbishop of CauÌ„terbury are neuer the lesse departible as it may appere by y e booke 26. H. 8. 4. And that grewe by reason of a graunt made by kynge John to Hubert the Archbishoppe there the tenor of which is as followeth John by the grace of God Kyng of Englande â–ª Lorde of Ireland Duke of NormaÌ„dye of Aquitane and Earle of Angieu To all Archbyshoppes Bishops Abbots Earles Barons Justices Shirifes Gouernours and officers and al Bailifes and his faithful subiects gréeting Knowe yée y t wée haue graunted and by this our preseÌ„t Charter haue confirmed to our reuerend and déerely beloued father Hubert Archbishoppe of Caunterbury and hys successors for euer that it shall bée lawfull for them to conuert those laÌ„ds which menne of the fée of the Church of Caunterbury do hold in Gauelkind in to knightes fee. And y t y e same Bishops their successours haue the like power and libertie for euer ouer those men and their heires that shal hold those laÌ„ds so â—â—uerted into knights sée which the Archbishop hath his successors after him shall haue ouer other knights of y e sée of the Church of Caunterbury their heires And that those men and their heires haue the same al such libertie for euer which other knightes of the sée of the Church of Caunterbury and their heires haue Prouided alwayes y t neuerthelesse their accustomed rent of pence be holy payed out of their landes as before time their giftes auerages and other seruices which issued out of the same landes be conuerted into a reÌ„t of pence of like value And y â— y â— same rent be paied as y â— other reÌ„t of pence is Wherefore we wil straightly coÌ„maund y â— whatsoeuer the aforenamed Archbishop and his successours after him shall doe concerninge those landes which are to bée conuerted into knightes fée accordinge to the forme manner aboue written abide ratified and coÌ„firmed for euer Forbiddinge any person to presume against the déed of the Archbishoppe or hys successors in this behalf Witnesse E. Bishop of Ely S. of Bathe G. y â— sonne of Peter Earle of Essex WilliaÌ„ Marshall Earle of PeÌ„brooke Ro. of Harecourt Garine y â— soÌ„ne of Gerald Peter of Stoke Ric. of Reuers Rob. of Tateshal yeuen by y â— haÌ„d of S. Archdeacon vnto WilliaÌ„ at Rupem auriual y â— 4. day of May the third yeare of our raigne But for asmuch as it is disputable whether this Charter of Kynge John be of sufficieÌ„t vertue to change y e nature of Gauelkynde land or no and for that the certeintie of the landes so conuerted into knightes fée doth not any where appere saue onely that in the booke of Aide leuied in this shire Anno 20. E. 3. it is foure or fiue tymes noted that certeine lands in Kent bee holden in knightes seruice by the newe licence graunted to the Archbishoppe this shall suffise for that and it shall followe to be proued that al the landes of auncient tenure in knightes seruice be subiect to the ordinary course of discent at the common lawe And that may sufficiently be done both by the expresse wordes of a note in 9. H. 3. abridged by master Brooke ti Customes 57. and in master Fitzherb ti Prescription 63. And by the opinion of the Justices 26. H. 8. 4. as also by pleyne recital in the act of parliament made 31. H. 8. ca. 3. by which statute the possessioÌ„s of certen gentelmen there were deliuered from this customary discent and incorporated to the common lawe for amongest other thinges in that act it is saied That from thence forth such their landes shal be chaunged from the saied custome and shal discend as lands at the commoÌ„ lawe as other lands being in the said couÌ„ty of kent which neuer were holdeÌ„ by seruice of Socage but alwaies haue bene holden by knights seruice do discende By which words it is very euident that y â— makers of that estatute vnderstoode al lands holden by knights seruice to be of their proper nature discendable after y â— comoÌ„ lawe that Socage tenure was the onely subiect in which thys our custome of Gauelkinde discent preuailed helde place But when mencion is here made of Socage knightes fée it must alwayes be vnderstanded a tenure longe since and of auncyent tyme contynued and not nowe newely or lately created for so it may fal out otherwise then is alreadye reported As for example if land auncieÌ„tlye holden by knightes seruice coÌ„e to y â— Quéens hands whoe afterwarde giueth y e same out againe to a coÌ„on persoÌ„ to be holdeÌ„ of her manor of East Grene within Socage this lande not with standinge the alteration of y â— tenure remaineth disâ—â—dable to y â— eldest sonne only as it was before as also in like sort if lands of auncient Socage seruite come to y e Crowne and be deliuered out agayne to be holden either of the Quéene in Capite or by knightes seruice of any manor it ought to disceÌ„d according to y â— custde not w tstanding y t y e tenure be altered if this be true in the grauÌ„t of y e Quéene her selfe then much lesse may the Archbishope by a newe creation of tenure make to his tenants any alteratioÌ„ of this olde custome maner For as the
pleadinge is That the landes aforesayed are of the tenure and nature of Gauelkynde euen so the truith is that the present tenure onely guideth not the dyscent but that the tenure and the nature together doe gouerne it And therefore as on the one side the custome cannot attache or take holde of that which was not béefore in nature subiect to the custome that is to saye accustomably departed So on the other syde the practise of the custome longe time continued may not bee interrupted by a bare alteration of the tenure as it was holden by the Justices Annd 4. et 5. Phi et Mary as Judge Dalison hath left reported And also as it appereth by the booke 26. H. 8. 4. where it is saied that if a man seysed of Gauelkinde land holden in Socage make a gift in taile and create a tenure in knights seruice that yet this lande must descende after the custome it did before the change of the tenure Moreouer as y â— change of the tenure cannot prenaile against thys custome Soe neyther the continuance of a contrarie vsage may alter this prescription For it is holden 16. E. 3. in Fitz. ti Prescription 52. that albeit the eldest sonne only hath and that for many discents together entred into Gauelkind laÌ„d and occupied it w tout any coÌ„tradiction of the yonger brothers that yet the lande remaineth partible betwene them when soeuer they will put to their clayme Agaynst which assertion y â— which is said 10. H. 3. in Fitzh titulo Prescription 64. namely of the issue taken thus Whether the lande were parted or no is not greatly forceable For al though it be foe that the lande were neuer parted in déede yet if it remayne partible in nature it may bee parted whensouer occasion shal bée ministred And therfore euen in the fourme of pleadinge vsed at this day That the land alwaies c. was partible and parted it is playnelie taken that the worde partible onely is of substaunce and that the worde parted is but a worde of forme and not material or trauersable at al yea so inseperable is thys custome from the lande in which it obtaineth that a contrarye dyscent contynued in the case of the Crowne it selfe cannot hinder but that after such tyme as the land shall resorte agayne to a common personne the fourmer olde custome shall gouerne it As if landes of Gauelkind nature come to the quéens haÌ„ds by purchase or by Eschete as holden of her manor of Dale nowe after her death al her sonnes shall inherite and deuide them But if they come to her by forfaiture in treason or by gift in parliament soe y â— her grace is seised of theÌ„ in right of the crowne then her eldest sonne only which shalbée kinge after her shall enioye them in which case although those laÌ„ds which the eldest sonne beinge kinge did possesse doe come to his eldest sonne after him beinge kinge also and soe from one to an other by sundrye discentes yet the oppinion of Syr Anthonye Browne was 7. Elizabeth that if at any time after the same landes be grannted to a common person they shall reuolt to their former nature of Gauelkynde and be partible amongst his heires males notwithstanding that they haue runne a contrary course in dyuers the discentes of the kings before But much lesse may the vnity of possession in the Lorde frustrate the custome of Gauelkind discent as it may appere 14. H. 4. in y â— loÌ„ge Recordare abridged by master Brooke tit Auowry 46. and tit Customes 19. Nowe followeth to bée spoken howe farre this custome extendeth it selfe within this our Countrey of Kent c. It is commonly taken that the custome of Gauelkynde is generall and spreadeth it selfe throughout the whole Shire into al lands subiect by auncient tenure vnto the same such places only excepted where it is altered by act of parliament And therefore in 5. E. 4. 18. and 14. H 4. 8. it is said that the custome of Gauelkynde is as it were a common lawe in Kent And the booke 22. E. 4. 19. affirmeth that in demaunding Gauelkind land a manne shall not néede to prescribe in certeine and to shewe that the Towne Borough or Citie where the laÌ„ds bée is an Auncyent Towne Borough or Cytie and that the custome hath byn there tyme out of mynde that the landes wythin the same Towne Borough or Citie should discend to all the heires males c. But that is sufficyentlye inough to shewe the Custome at large and to say that the land lieth in Kent and that all the landes there bée of the nature of Gauelkynd For a writ of partition of lands in Gauelkynde sayth M. Littleton shall bée as generall as if the lands were at the common lawe although the declaratyon ought specyally to contayne mencion of the Custome of the Countrey Thys vnyuersalytie consydered and also the strayte bonde whereby the custome is so inseperably knit to the land as in maner nothinge but an act of parliament canne clerely disseuer them it followeth that no place Citie Towne or Borough within this shire can bée exempt from this custome although the same hath not at any tyme byn there put in vre no more then the Eldest sonne in the case before may for the like reason prescribe agaynst his youÌ„ger Bretheren c. Thus much béeyng spoken touchynge the name tenure nature generalty and order of Gauelkynde it shall nowe bee shewed of what quality the rents remaynders actyons and such other thinges of the which some bâ—e issuing out of these laÌ„ds some bée annexed vnto them and some bée raysed by reason of them shalbée And of theÌ„ some shal ensue the nature of the land and other some shal kéepe y â— same course that common lawe hath appointed And therfore if a rent be graunted in fée out of Gauelkynde land it shal discend to all the males as the land it selfe shal do as appereth in 14. H. 8. 5. 26. H. 8. 4. 4. E. 3. But if ii iointenantes of land in Gauelkynde grant a rent charge out of that land to I. S. to his heires And I. S. dieth hauinge issue ii sonnes this reÌ„t shal not disceÌ„d to both y â— sonnes of I. S. but to the heire at the common law because that the custome is in suspence during the ioynture by the opinion of the right worshipfull Christopher Yeluerton Esquire at hys readyng in Grayes Inne in lent An. 1573. So if a tenauncy bée of Gauelkynde nature yet the rent seruyce by which it is holden may discend according to the common lawe as Ald ' Chart ' in 7. E. 3. were of opinion If a remainder of Gauelkind land bée tayled to the heires males they altogether shall inherit as Fitzherbert Norwich thought 26. H. 8. 4. But that is to bée vnderstoode of a discent onely for if landes of Gauelkynde nature be leassed for life the Remaynder to the ryght heires of John Style which hath issue
the name offyce is not altogether forgotten And is in effect that which nowe euery Bailife of a mannour practiseth Although the name of Bailise was not then in vre amonge vs being since brought in by the Normans But the name of Réeue auÌ„ciently called Gereue which particle Ge in continuance of tyme was altogether left out and lost came from the Saxon woord Gerefa which signifieth a ruler And so in déede his rule and aucthoritie was large wythin the compas of his Lordes manour and amonge hys menne and tenauntes as well in matters of gouernement in peace and warre as in the skylfull vse and trade of husbandry For as hée did gather his Lordes rentes pay Reprises or duetyes issuings out of the manner set the seruants to worke fel cut down Trées to repaire the buildinges and enclosures with diuers such like for his Lordes commoditity So also he had aucthority to gouerne and kéepe the tenants in peace and if néede required to leade them foorth in warre Reuersion REuersion of lande is a certen estate remayning in the lessour or donour after the particuler estate and possession conueyed to an other And it is called a reuersion in respect of the possessioÌ„ seperated from it so that hée that hath y â— one hath not the other at the same time for béeinge in one body together there cannot be said a reuersion beecause by the vnitinge the one of them is drowned in the other And so the reuersion of lande is the land itselfe when it falleth Riot RIot is where 3 at the least or more doe some vnlawfull act as to beat a manne Enter vppon the possess of an other or such like Robbery RObbery is when a maÌ„ taketh any thing from the parson of an other feloniousely although the thinge so taken bée not to the value but of a peny yet it is felony for which the offendor shal suffer death Rout. ROut is when people doe assemble themselues together and after doe procéede or ryde or goe foorth or doe moue by the instigation of one or more who is their leader This is called a Rout béecause they do moue and procéede in Routes and numbers Also where many assemble them selues together vpon their owne quarrels and braules as if the inhabitaunts of a Towne wyll gather them selues together to breake hedges wales ditches pales or such like to haue coÌ„moÌ„ there or to beate an other that hath done to them a coÌ„mon displeasure or such like that is a Rout and agaynst the lawe although they haue not done or put in executyon their mischeuous entent Sake SAk this is plea and correction of trespas of men in your court because Sak in English is Acheâ—oÌ„ in french and Sak is put for Sik as to say for sik sak also for what hurt and Sak is put for forfait Scot. SCot that is to be quite of a certen custome as of common tallage made to the vse of y â— shirife or his Bailifes Shewinge SHewing that is to bée quit with attachment in any court and before whomsoeuer in plaintes shewed not auowed Sok SOk this is suit of meÌ„ in your court according to the custome of y â— Realme Sokmans SOkmans are the tenants in auncient demesne that holde their lands by Socage that is by seruice with y â— plough and therefore they are called Sokmans which is as much to say as tenants or meÌ„ that hold by seruice of the plough or plowmen For Sok signifieth a plough And these Sokmans or tenants in auncieÌ„t demesne haue many and diuers liberties gyuen and graunted to them by the law as wel these tenants that holde of a common person in auncient demesne as those that hold of the Quéene in auncient demesue as namely to bée frée from payinge tolle in euery Market Faire towne and Cytie throughout the whole Realme as well for their goodes and cattels that they sel to others as for those thynges that they buy for their prouision of other And thereuppon euery of them may sue to haue letters patentes vnder y e Quéenes seale directed to her officers to y e Maires Bailifes other officers in the Realme to suffer them to bée tolle frée Also to bée quit of poÌ„tage murage and passage as also of taxes and tallages grauÌ„ted by parlyament except that the Quéene taxe auncien demesne as shée may at her pleasure for some great cause Also to bée frée froÌ„ payments towardes the expenses â–ª of the knightes of the Shire y t come to the parliament And if the shirife will distreine them or any of them to bée contributory for their lands in auncyent demesne then one of theÌ„ or all as the case requireth maye sue a writ directed to the shirife coÌ„maunding him that hée doe not compell them to bée contrybutories to the expenses of the knightes and the same writte doth commaunde him alsoe that if he haue alreadye dystrayned them therfore that hée redelyuer the same distresse Alsoe that they ought not to bée impanelled nor put in iuries and enquestes in the countrey out of their manner or lordship of auncyen demesne for the lands that they holde there except that they haue other laÌ„ds at the common lawe for which they ought to be charged and if the sherife doe returne them in panelles then they may haue a writ against him de non ponen dis in assisis et iuratis And if he doe to the contrarye then lieth an attachmeÌ„t vpon y t against him And so it is also if the bailifes of fraunchises that haue returne of writtes will returne any of the tenauntes which holde in auncieÌ„t demesne in assises or iures And also to be exempt from leetes and the shirifes turne wyth dyuers other such like lyberties Spoliation SPoliation is a suit for the fruites of a church or for the church itselfe and is to bee sued in the spyrytuall Court and not in our courtes And thys suyt lyeth for one incumbent against an other incumbent where they both claime by one patron and where the ryght of the patronage doth not come in question or debate As if a parsonne be created a Bishoppe and hath dispensation to kéepe his be nefice still and afterwarde the patron presents an other incumbeÌ„t which is instituted inducted Now y e Bishop may haue agaynst that incumbent a Spoliation in the spiritual court because they clayme both by one patron and the ryght of the patronage doth not come in debate and béecause that the other incumbent came to the possessioÌ„ of y e benefice by the couse of the spirituall lawe that is to say by institutyon and induction soe that he hath couler to haue it and to bee person by the spiritual lawe for otherwise if he be not instituted and inducted c. spoliatyon lieth not against hym but rather a writ of trespas or an assise of nouel disseisin c. Soe it is alsoe where a person doth accept an other benefice by
haue the warde of y â— lande y â— is holden of him but if the tenaunt holde of the Quéene in chiefe then shée by her prerogatiue shal haue the warde of the bodie and of al the land y â— is holden of her and of euery other lorde VVarden WArden most properly is he that hath y e ward shippe or kéepinge of an heire and of land holden by knights seruice or of one of them to his owne vse duringe the nonage of the heire and within that time hath the bestowinge of the bodie of the heire in mariage at his pleasure w tout disperagment And of wardens there be ij sorts namely garden in right garden in déede Garden in right is hée that by reasoÌ„ of his sâ—ry is seised of the wardship or keepinge of the lande and of the heire duringe the nonage of the heire Garden in déede is where the lorde after his seisin as aforesaid grauÌ„teth by déede or without déede the wardshippe of the lande or of the heire or of both to an other by force of which granÌ„t the grauntée is in possess â—â—â— is y e grauntée called garden in déede And this garden in déede maye graunt the heire to an other also bâ—â— that other is not preperlye called garden in déede for that is y â— graunt tée of the garden in right onely and here you may sée Brother Nicholas what misery followeth that tenure by knightes seruyce if the tenaunt die leauinge hys heire within age howe the poore childe may bée tossed and tumbled chopped and chaunged bought sold like a Jade in Smithfild y â— more is maried to whome it pleaseth his gardeÌ„ wherof ensue many euels VV arning WArninge is when an action of detynue of charters is brought agaynst one and the defendaunt saith that the charters were delyuered to hym by the playntife and by an other vpon certaine conditioÌ„s and prayeth y â— the other may be warned to plede with the pleintife whether the conditions bée perfourmed or noe and thereuppon a writte of Scire facias shal go foorth against him And that is called warninge Gauelate GAuelate is a specyall and auncient kynd of Cessauit vsed in Kent where the Custome of Gauelkind continueth whereby the tenant shal forfeit his lands and tenementes to the lord of whom they are holden if he withdrawe froÌ„ hys Lord hys due rents and seruyces after this maner as followeth If any tenant in Gauelkind withholde hys rent hys seruices of y â— tenement which he holdeth of his lord let the Lord séeke by the award of his court froÌ„ 3. wekes to 3. wéekes to find soÌ„e distresse vppon the tenement vntill the sowerth court alwaies with witnesses And if within y â— time he can find noe distresse in that tenement whereby hee may haue i 〈…〉 of his tenaunt TheÌ„ ar y â— fowerth court let it be awarded y â— hée shall take that tenement into his hand in y â— name of a distresse as if it wer an oxe or a cowe and let him kéepe it a yere a day in his hand without manuring it w tin which terme if y â— tenant come and pay his arrerages and make reasonable ameÌ„des for y â— w tholding TheÌ„ let hi haue enioy his tenemeÌ„t as his auncest ours and hée before helde it And if he do not come before the yeare and the daye past then let the Lorde goe to the next Countye Courte with the witnesses of his owne court pronounce there thys processe to haue further witnesse by the award of his court After y â— Countye court holden hée shall enter and manure in those laÌ„ds and tenements as in his owne And if the tenant come after ward and wil rehaue his tenements holde them as he did before let him make agreement with the lorde according as it is aunciently said Hath he not since any thing geuen nor hath hée not since any thing payd TheÌ„ let him pay v. pouÌ„d for his were before he be coÌ„e t'or holder againe There be some copies y â— haue the first verse thus written Nisith yelde and nisith gelde And others thus Nighesith yelde and nighesith gelde But these differ not in signification other coppyes haue it after thys sort Nigondsith selde and nigondsith geld That is to say let him ix times pay ix times repaye Gauelkinde GAuelkinde is a custome annexed goinge with lands in Kent called Gauelkind lands holdeÌ„ by auncieÌ„t Socage tenure And is thought by the skilfull in Antiquities to be called Gauelkind of Gyue all kyn that is to say to all the kyndred in one lyne according as it is vsed among the Germans froÌ„ whom wée Englyshmen and chiefely of KeÌ„t come Or els it is called Gauelkynd of gyue all kynd that is to say to all the male children for kind in dutch signifieth a male child and dyuers other like coÌ„iectures are made by them of y e name Gauelkind which I omit of purpose for shortnesse sake because that here you looke Brother Nicholas as you desired me that I should speake som what largly concerninge other more needefull matters for your purpose which you are desirous to know as touching Gauelkind lands both because you were borne in kent also are most abiding there and therefore you think to be ignorant of y â— maners or customes of your natiue coÌ„trey were a foul shaÌ„e To satisfie your request in this I haue therefore set you here downe the auncient customes of Kent as they haue very truely carefully of late bin published with some cases vpon them gathered out of those bookes that make any mencyon hereof which will I thinke coÌ„teÌ„t your desire at ful And first you must knowe that these gauelkind customes are of good antiquytie brought in hither by y â— Saxons Intes Angles Germans from whom wée Englishmen discend as is aforesaied and were by them vsed and left here and so continued in force vntill WilliaÌ„ duke of Normandy conquered al EnglaÌ„d KeÌ„t onely excepted which he had by composition and not by conquest And in this composition the valyant Kentishmen obtained a graunt of the continuation of their customes of Gauelkynde which euer sins thei haue vsed in the same countrey and thus they are as followeth The customes of Kent THese are the vsages and customes the which the coÌ„munalty of kent claimeth to haue in the tenementes of Gauelkynd and in the men of Gauelkynd allowed in Eire béefore John of Berwike and his companions the Justices in Eire in kent y â— 21. yere of king Ed. the sonne of king Henry That is to say y â— all y â— bodies of KentishmeÌ„ be frée as well as the other frée bodies of England This things hath byn since confessed to be true as it appereth in 30. E. I. in Fitzh titulo Uillenage placiâ— 46. where it is holden sufficient for a man to auoyde the obiection of bondage to say y t hys father was borne in Kent But whether it
hâ—th a â—â—mture made c. and therefore demaunde iudgement of that action or iugement if she shal bee also endowed or any such lyke plea c. and this was the oppinion of y â— right worshipful master Brograue at his reading in Graies June in SoÌ„mer Anno 1576. 18. Eliz. vppon a braunch of the stat made An. 27. H. 8. c. 10. coÌ„cerning iointures dowers And by him of those things whereof a woman may bée endowed she may haue ioynture as of mines vesturam terrâ— woodes Townes Iles meadowes and such like Also of an aduowson of a reuersion depending vpoÌ„ an estate for life of a windmil a high chamber a rectorie and such other and they are called tenemeÌ„ts Also of a villen for hée is an heredytament of all these profet may come to the woman But of those thinges whereof noe profet will coÌ„e but rather a charge a ioynture cannot be made Theft THeft is a deceiptfull taking away of an other mans goods but not from his parson with a minde to steale them a gaynst hys will whose goods they were And theft is in two sorts y e one so called simplie the other pety or little theft The first is where the thynge stollen exceedeth the value of xij d. and y â— is felony The other which is called littel or pâ—tiet theft is where the thing stollen doth not excede y e value of xij d. and that is no felony Lastage LAstage that is to bée quite of a certeine custome exacted in faires any markets for caryinge of thinges where a man will Lessor and lessee LEssor is he that lesseth landes or tenementes to an other for terme of life yeres or at wil and hee to whome the lease is made is called lessee Leuant couchant LEuant Couchant is sayde when the beastes or Cattell of a straunger are come into an other mans ground there haue remayned a certen good space of time so longe that they haue wel fedde also rested them selues Wager of lawe WAger of lawe is when an accion is brought against one w tout especialty she wed or other matter of recorde as an accion of debt vpoÌ„ contract or detinue then the defendaÌ„t may wage his lawe that is to say swere vppon a booke and certaine persons wyth him that hée oweth nothing to the playntife in manner and fourme as hée hath declared But in an action of debt vppon a lease for terme of yeres or vpon the arrerages of accompt before auditors assigned a maÌ„ shal not wage his lawe And wheÌ„ one shal wage his lawe hée shal bring with him vi viii or xii of his neighbours as the court shall assigne hym to swere with him And if at that day assigne he faile of his law then hée shal be condemned Liuery of seysin LIuery of seysin is a ceremony vsed in conueyance of landes or tenemeÌ„ts where an estate in fée simple fée taile or a fréehold shal passe and it is a testimonial of the willing departing from all that which he who makes the liuerie hath in the thinge whereof liuerie is made And the receyuinge of the liuery is a wyllyng acceptance by the other partie of all that whereof the other hath dismissed him selfe And was inuented as an open and notorious thing by meanes wherof the common people might haue knowledge of the passinge or alteration of estates from manne to manne that thereby they might bée the better able to trie in whoÌ„ the right and possession of landes and tenements were if they should be impanelled in Juries or otherwyse haue to doe concernyng the same The common maner of deliuery of seysin is after this sort done If it bée in the open feelde where is no building or house then one that can read taketh the writinge in his hand if the estate shal pas by déed and declareth to the staÌ„ders by the cause of their méetyng there together c. and then openly readeth the deed in English and after that it is sealed the partie who is to depart from the ground taketh the déede in his handes together with a clodde of the earth a twigge or bowe if any there be and all this hée delyuereth to the other partie in the name of possession or seysin according to the forme effect of the déed which before them was there reade But if there bée a dwellynge house or buildinge vpon the land then thys is done there at the doore of the same none béeyng left at that tyme wythin the house and y â— partie deliuereth all the aforesaid together wyth the rynge of the doore in the name of seysin or possession hée that receiueth the libertie entreth in first alone and shutteth to the doore and presently openeth it agayne and letteth them in c. If it be of a house whereto is noe land or ground the liuerye is made and poss taken by the deliuerie of y â— ringe of the doore déed onely And where it is without déed either of landes or tenementes there the partie declareth by word of mouth béefore wytnesse the estate that hée meaneth to depart with and then deliuereth seysin or possession in maner as is before sayâ—e and so the land or tenement doth passe as well where there is no déede as by déede and that by force of the lyuerie of seysin It was agreed in Grayes Inne by the right warshipful master Snagge at his readyng there in SoÌ„mer an 1574 that if a feoffour deliuer the viewe of the land in name of seysin that it is good because that hée hath a possessyon in him selfe But otherwyse yt is of an atturney for hee must goe to the lande and take possession him selfe béefore that he can gyue possession to an other accordinge to the words of hys letter c. And where liuerie of seysin is by viewe if the feoffée doe not enter after c. nothynge passeth for hée ought to enter in déede Lotherwite LOtherwite that is y â— you may take ameÌ„des of him which doth defile your bondwoman without your licence Mahim or maim MAhim is where any meÌ„ber is hurt or takeÌ„ away whereby y e party so hurt is made vnperfect to fight As if a bone bée taken out of the hedde or a bone bée broken in any other part of the body or a foote or hand or finger or ioynt of a foote or any member bée cut or by some wound the sinewes bée made to shrinke or other member or the fingers made crooked or if an eye bée put out or the foretéeth broken or any other thinge hurt in a mannes body by meanes whereof hee is made the lesse able to defend him selfe But the cuttinge off of an eare or nose or breaking of the hinder téeth or such like is no may â–ª him because it is rather a deformity of y e body theÌ„ diminishing of strength And if the Justyces stand in doubt whether the hurt be a maihim or not they vse and wil of their
curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a soÌ„ne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this laÌ„d for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y â— person of him of whom he holdeth And for that this tenaÌ„t may not alieÌ„ iÌ„ fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel iÌ„ effect for no action is mayntenable against y â— termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y â— if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y â— lessee to haue more loÌ„g time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the saÌ„e estate in the lands that the lessour did him graunt at y â— â—eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womaÌ„ shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y â— day assigned then y â— woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimeÌ„t y â— donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y â— yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward coÌ„trary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in auncieÌ„t tenure is that where the people in auncieÌ„t demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge theÌ„ wheÌ„ their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y â— base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is coÌ„teined in the feffemeÌ„t and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the coÌ„mon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The