aboue the summe of iii s. vi d wherof to be to them yâ— haue auctoritie to take the probation .ii s. vi d and the other .xii d to the scribe for regestring of the same And where the goodes amouÌ„t aboue xl li than onely .v. shyllynges to be taken wherof to be to them that haue auctorite to take the probation .ii s. .vi d and thother .ii s. vi d to be to the scribe for yâ— regestring or els if he wyl refuse that .ii s. vi d then he to haue for euery .x. lines of the same testameÌ„t euery line conteyning in length .x. inches i d And they that haue auctoritie as is aboue sayde shall approue insinuate seale and regester the sayde testamentes and deliuer the same sealed wyth the seale of their office to thexecutours for the sommes abouesaid that with conuenient spede without any frustratorie delay And if any person dye intestate or thexecutours refuse to proue the said testament than they hauing auctoritie as is abouesaid shal grauntthadministration of yâ— testatours goodes or person disceased to the widowe of the same person deceased or to the next of kinne or to both after their discretioÌ„ taking suretie of them for the trewe administration of the goodes dettes whiche they shall be so authorised to minister And where one or diuers claime thadministration as nexte of kin which be egal in degre of kinred or where any one persone desireth the administration as nexte of kin where in dede diuers persones be in equalitie of kinred then in any such case the ordinarie shal be at libertie to take one or mo making request And where diuers do require the administration or where but one or mo of them and not al being in like degre make request than the ordinarie shal admit the widowe and him or them onely making request or any of them taking nothiÌ„g for the same where the persone deceased died not worth C.s. And if he died worthe C.s. and not aboue xl li than ijs vi d onely to be taken And thexecutor or administratour callinge to him the dettors two at the least or such persons to whome any legacie was made and if they refuse than .ii. nexte of kin to the persone deceased and in their defaute .ii. other honest persons shal by their discretions make a trew inuentory indented of al the goodes whiche persons sweringe before the bishoppe or his officers to be trewe shal deliuer the one parte therof vnto them the other kepe with himselfe And none hauinge authoritie to take probate of testamentes vpon payne conteined in this statute shall refuse to take any such inuentory presented or tended to them Prouided if any person shall dispose or wil by his testament any landes or hereditamentê to be solde that the mony or profites of the same be accoÌ„pted for goodes or catels And they hauing the auctorite abouesaid vpon the deliuerie of the seale and sygne of the testatour shall cause yâ— same to be defaced and incontinent shall redeliuer it to yâ— executor wtout any claime And if any require a copy of the testament and inuentory than they hauiÌ„g auctoritie or their ministers shal wtout frustratorie delay delyuer them a copy taking therfore and for the regestring of the same or els for euery ten lines i d as before is specified Prouided that where they hauing auctoritie as is abouesaid haue vsed to take lesse for the probate of testamentes or other thinges concerning the same than is here specified they shal take as they did before this acte Now if any that haue auctoritie to take probate of testamentes or their ministers do attempte agaynste this acte they shal forfete for euery time to the partie greued as moche mony as they shall take contrary to this acte And ouer that x.li the one half to the king the other to the partie greued that wil sue by action of dette bil information or otherwise in any of the kinges courtes wherin no essoine protection nor wager of law shal be alowed And euery of them shal be charged for him selfe and for none other Prouided that euery hauing auctoritie abouesaid may cal before them euery person named executour to the intent to proue and refuse the testament and to bring in inuentaries and to do euery other thinge concerninge the same as they myght before this acte so that neither they nor their ministers shal take aboue the fees limited by this acte ⧠How landes and tenementes may be by testameÌ„t or otherwise disposed inacted aÌ„ xxxii HeÌ„ viii EUery person hauing landes or other hereditameÌ„tes holden in socage or of the nature of socage tenure and not hauing any landes or hereditameÌ„tes holden of the king by knightes seruice or by socage tenure in cheif or of the nature of socage tenure in cheife nor yet of any other person by knightes seruice shal from yâ— .xx. day of Iuly in the yeare of our lorde M.D.Xl. haue full libertie power to giue dispose deuise aswel by testameÌ„t in writing as otherwise by any acte laufully executed in his life al his said landes or hereditamentes or any of them And euery person hauing landes or other hereditameÌ„tes holdeÌ„ of yâ— kinge in socage or of the nature of socage tenure in cheife and hauing also any other landes or hereditamentes holden of any other person in socage or of the nature of socage tenure not hauing any hereditamentes holden of yâ— king or of any other by knyghtes seruice may from the sayd tyme giue and deuise as wel by testament in writing as otherwise by any acte laufully executed in his life al his sayd landes and hereditamentes or any of them at his pleasure Sauing to the king all his right of primer season reliefes aud also all other rightes duties for tenures in socage or of the nature of socage tenure in chief as hertofore hath bene accustomed the same landes or hereditamentes to be taken and sued out of the kinges handes by the person to whom any such landes shal be disposed willed or deuised in like maner as hath bene vsed by any heire or heires before the making of this statute And sauing and reseruinge also fines for alienations of suche landes tenementes or hereditamentes holdeÌ„ of the king in socage or of the nature of socage tenure in chiefe wherof shal be any alteration of frehold or inheritance made by wyl or otherwise as is aforesayd Item al persones hauing landes or other hereditameÌ„tes of estate of inheritance holden of the king in chiefe by knightes seruice or of the nature of knightes seruice in chiefe shal in like maner haue power to giue wyl or asâ—signe two parties of the same in three partes to be deuided or elles as much of the same as shal amount to the yerâ—y value of two partes of the same in three partes to be deuided in certaintie and by special diuisions as it may be knowne in seueraltie for the aduaÌ„cement of his wife prefermeÌ„t
partie greued may haue his attaint vpon euery such verdit so giuen and the plaintiffe in the same attaint vpon iudgement for him giuen shal haue his recouery execution and other aduaÌ„tage in like maner as heretofore hath bene vsed ⧠Of fines FInes haue theire name bycause they make a final ende and determination of all suites strifes and debates betwene men For the due leuieng wherof it was inacted in the .iiii. yere of King Henry the seuenth that they muste be solemnly before yâ— iustices of the common place red and proclamed the same terme three termes next folowing yâ— ingrosmeÌ„t at whiche tymes al yâ— plees must cease And such fines shal be a sufficient barre and discharge against al persons sauing against women that be couert baron if such women be not priuie to the same fine or such as be within age in prisoÌ„ out of the realme or out of their right myndes But these fines shall not coÌ„clude ne barre all straungers whiche haue right to entre or to haue any action if they come within .v. yeares astre suche proclamations made or in case the cause of action falleth vnto them after the fyne so duely leuied if they come and commence their action and suite within .v. yeares nexte after such cause of action to them accrued And they may sue against the takers of the profittes But if they that haue right to the same be within age in prison couert baron out of the realme or not in their right memory then their title or entrie shal be saued vnto them tyl they be of ful age out of 〈◊〉 discouered and sole within the realâ—e or of â—ight mynde and then within fyue yeres after their action or entrie must be sued or made with effecte Also ye shal vnderstand that by the said stature of Henry the .vii. it shal be a good plee for al straungers to saye that they that were parties to the fine nor none other to theire vse had any thing in the tenementes or landes at the tyme of the leuying of the fine Furthermore ye shal note that in the .xxxii. yeare of this king for thaduoyding of certaine doubtes and ambiguities it was inacted that al fines aswel hertofore leuied as hereafter to be leuied according to the sayd statute of Henry the .vii. by any person of the ful age of .xxi. yeres of any landes or other hereditamentes beinge before yâ— fine leuied in any wise intayled vnto him or to any of his ancestors in possession reuersion remaindre or in vse shal be immediatly after the same fine leuied ingrossed and proclamations made a sufficient barre and discharge for euer aswel against him his heirs clayming the same onely by force of any such entaile as against al other to their vse so that the same fines be not leuied by any woman after the death of her husband contrary to the statute made the .xi. yeare of Henry the seueÌ„th of landes and tenementes of th inheritance or purchase of her husbande or of any his ancestours giuen to her in dower for terme of lyfe or in tayle in vse or in possession Excepted also al fines leuied or to be leuied of any such landes or other hereditamentes as the owners therof by any special acte of parliament made sith the said fourth yeare of Henry the .vij. be restreined from making any alyenations discontinuancies or other alterations of the same Also of such landes as be now in sute and variaÌ„ce in any of the kinges courtes or wherof any euidences be now in demande in the Chancery or which be already couered Excepted also fines leuied or to be leuied by any person of landes or tenementes granted to him or to his ancestours in taile either by the kingê letters patentes or by vertue of any acte of parliament wherof the reuersion is in the king ⧠Of testamentes or last willes TEstamentuÌ„ in latyn is as moche to say as mentis testatio that is a declaratioÌ„ or witnessinge of a mans mynd And there be two sortes of testamentes The one is called testamentum scriptum that is a written testament or a last wil by writing and the other is called testamentum nuncupatuÌ„ a testament nuncupatiue which is when a man wyl expresse by mouth his last wil and testament wtout wryting onely by calling before him certayn of his neighbours in whose presence he doth signifie by wordes his last minde and wil. And this for most parte men vse to do when for feare of sodennes of deth they dare not abyde the writing of their wil. And this wil onlesse it be in certaine cases is as strong and as sure as is a testament or laste will put in writing and sealed with the seale of the testatour Also ye shal vnderstaÌ„d that though a testament by writinge be not sealed with the seale of the testatoure yet is the testament good effectual in the lawe And ye shal also marke that where a man maketh ones his testament wil and afterwarde maketh an other wil by wordes if his laste will be proued before the Ordinary and by him put in wryting and insealed with his seale such last wyl shal auoid the first wil onles it be in special cases and so alweyes the latter wil and testament shal auoyd the former Finally ye shal obserue that by an acte of Parliament made in the .xxi. yeare of our soueraigne lorde Kinge Henry theight it was ordeyned that where part of therecutours named in the testament of their testator wherin any landes or tenementes be willed to be solde by them refuseth to take vpon them the administration the residue do take the charge and administration therof vpon them in thys case al bargaines and sales of the said landes made only by those executors that toke the administratioÌ„ of yâ— testament vpon them shal be as good and as effectual in the law as if as the residue of yâ— same executors so refusing had ioyned with them or him if it be but one person in the makinge of the bargaine and sole ⧠An acte for probate of testamentes made aÌ„ xxi HeÌ„ viii NOthing shal be takeÌ„ by any person that hath auctoritie to take probation insinuation or approbation of any testament for the probation of the same where the goodes of the testatour do not amounte aboue the value of C. shillinges Excepte to the scribe for writing therof .vi d And for the commission of ministration of the goodes of any dieng intestate not being likewise aboue C. shilliÌ„ges vi d Also none hauing power to take probation of testamentes shall refuse to approue such testamentes being lawfully offred vnto them in writinge with wax therto affixed redy to be sealed so that the same be lawfully proued before yâ— same ordinarie to be trew And when the goodes of the testatour do amount aboue the value of C. shillinges not excede the summe of xl li none shal take for the probation regestring sealing and writinge of any such testament
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
issue but doughters and die and the doughters do enter in to the landes thus desceÌ„ded vnto them nowe they be called parceners or coheyres by a wryt called De ê‘titione facienda brought by on of them agaynst the others they shal be constrayned by the lawe to suffre an egall particion to be made of the landes bytwene them Nowe partycion maye be made in sundrye wayes One waye is whaÌ„ they them selues do make particion bytwene them of the hole herytage and do agree vnto the same and entre euery one in to her parte so alotted vnto her An other is whan by all they re agremente an consente one common frende do make the particion In whych case the eldest syster shal haue the fyrst election and after her the seconde suster and so forth But if they agree that theldest suster shall make the particion and she maketh it then theldest shal not chuse fyrst but shall suffer all her susters to chose before her as it is thought There is also an other forme of particion whiche is egally to diuide the landes into so manye partes as there be coheires or parciners and to wryte euery parte so diuided in a seuerall scroule of paper and to putte the sayde scroulles in to a bonette or to enclose them seuerally in balles of waxe and than the eldeste suster to chuse whyche balle she wyt or to put her hande in to the bonet and to take a scroule to holde her to her chauÌ„ce and allotment and so consequentlye euery suster after other And ye shall note that particion by agrement maye as well be made by nude and bare wordes wythout wrytynge as by wrytynge That yf any of the parceners wil not suffre any particion to be made than may the other that wolde haue partition purchase a write called De partitione facienda agaynste them that refuse partition to compell the same to suffer partition to be made accordyngly and than by the iudgement of the courte the sheryfe by the seremente of twelue men shall make particion bytwene them and shal assigne to eche suster her porcion as he shall thynke good wythout gyuyng anye election to the eldeste And if two Manours of meeses descende to two susters and the maners be not of egall value than may she to whom the lesse maner is allotted haue assigned vnto her a rente proportionably out of the others maner Finally ye shall vnderstande that if a man be seased of landes in fee semple hath issue two daughters and giueth wyth one of his daughters to an other man that is to mary her the thirde or fourth parte of his lande in franke mariage and dyeth if in thys case the daughter that is in this wise auaunced wyll haue her porcyon of her fathers heritage she muste putte her lande gyuen vnto her in francke mariage in hochepot newe agayne I meane she must be conteÌ„ted to suffer her sayde landes to be commixte and mengled wyth the other landes of whyche her father dyed seased in fee simple so that an equall diuision maye be made of the hole or elles she shall haue no parte of those landes of which her father died seased But if her father had made vnto her but a common gifte in taile or a feffemeÌ„t in fee she shulde not nede to put her landes in hochepot but may retayne them styl also haue as good a part of the rest of the landes of which her father dyed seased as her other sister or sisters For a gyfte in francke maryage is accompted the moste free or moste liberall gyfte that can be and that whyche the lawe iudgethe to be onelye for the aduauncement and be stowynge of the daughter where as feffementes in fee and also common giftes in taile be accustomably for other causes and for the aduauntage rather of the gyuour or feffour then of the taker Of condicions FOrasmoche as euery estate is either pure or condicionall it were not amysse somwhat to make a declaration of the nature and efficacye of condicions Wherfore ye shal vnder stande that of condicions some be actuall condicions be called expresse condicions or coÌ„dicions in dede and other some be coÌ„dicioÌ„s in law whych be called also in latine Condiciones tacitae siue condiciones implicitae bycause they be secretely implyed by the lawe and not expressed Condicions in dede be such as be knyt and annexed by expresse wordê to the feffemente lease or graunter either in writing or without as for exeÌ„ple if I infeffe a man in certayne landes reseruynge to me to my heires so moche rente yerlye to be payde at suche a feast and for defaute of payment that it shal be lawfull for me to reentre thys is a feffement vpon condicion of paymente For the not payment of the rent shal dissolue the fefment Semblably it is of gyftes in tayle leases c. But yf the condicion be that for defaulte of paymente of the rent it shal be lawfull for the feffoure to entre agayne in to the landes and to holde them tyll he be satisfied of the rente this condition not performed dothe not dissolue the feffement but only gyueth to the feffour an authorytie to reteine the landes as it were by way of distresse tyll he hath leuyed the arrâ—ragyes of the rent And ye shall obserue that condicions be somtyme made to be performed on the feffees behalfe and somtyme on the feffours behalfe On the feffees behalfe as whan I infeffe you of landes vpon coÌ„dicion that ye shall do suche an acte as to pay vnto me or to myne heyres such annuall rent On the feffours behalfe as whaÌ„ I make a feffement vnto you vpon coÌ„dicion that yf I pay or cause to be payde vnto you before suche a daye suche a somme of money than it shal be lawfull for me to entre agayne retein my landes in my former estate In this case ye that be the feffee are called tenaunt in morgage which is as moch to saye as a dede gage and it semethe that the cause why it is so called is for asmoche as it is doubtfull whether the feffoure wyll pay at the daye prescribed suche somme of monye for the redemption of hys landes or no for if he do not his title or intresse in the landes thus gaged oppignorated is vtterly extinct with out all hope of renuynge Ye shall note that yf the morgageoure dyeth before the daye of payment hys heyre maye redeme the laÌ„d very well euen as well as his auncestoure that morgaged the land might haue done although there be no mencion made of heyres in the wrytinge And yf whan the monye is lawfully by the morgageour or his heire profered and the feffee refuseth to receyue the same the feffoure or hys heyre maye entre and then hath the feffee no remedy for his mony at the common lawe Ye shal vnderstaÌ„d also that some condicions be vtterlye voyde in the lawe and of none efficacy or streÌ„gth as if a
prysoner in warres and is compelled to serue and become the thrall and bondeman of hym that toke hym the lawe calleth suche persone a villayne And ye shall note that vyllaynes be properly called in latyn serui bycause that whaÌ„ they be taken in war the captaynes be wonte not to kyll them but to sell them and so to saue theyr lyfes so that they be called serui a seruando that is to say of sauyng They be also called Mancipia a manu capÃendo bicause that they be taken by hand poure of the enemies Nowe as I sayde by the lawe oâ— nature we are al borne free but after that by the lawe of Gentilitie seruitâ—te inuaded the worlde than ensued the benefyte of manumission Manumission is de manu datio that is to saye a gyuynge out of the hande or power For so longe as a man is in bondage and seruitute he is subiecte to the hande and power of an other and whan he is manumissed he is made free delyuered from the sayd power so that a manumission is nothynge elles than an enfranchisemeÌ„t that is to saye a wrytynge testifieng that the lorde hath enfranchised his villayn al his offpring and sequel Also yf the Lorde maketh to hys villayne an obligacion of a certeyne summe of money or grauntethe to him by his dede an annuitie or yearly pension or leaseth to hym by dede landes or tenementes for terme of yeres any of these actes do imply an enfranchisement Lykewyse yf the Lorde maketh a feoffement to his villayne and maketh vnto hym lyuery of seysâ— thys also is an enfranchisment and secret manumissioÌ„ Brefely to speke where so euer the lorde compelleth his vyllaine by the course of the lawe to do that thyng that he myght otherwyse eÌ„force him to do or to suffre without the auctoritie and compulsion of the lawe he doth by implication enfranchise his villayne as if the lorde wyl bryng agaynst his villayne an action of det an action of accompt of couenant or of trespace these and such lyke be in the eye of the lawe enfranchisementes and manumissions bycause that the lorde in all these cases may haue the effecte and purpose of his suite that is to saye the goodes catels and correctioÌ„ of his bondman without the compulsion of the lawe euen by his owne propre power and authoritie whyche he hath vpon hys villayne But if the lord doth sue his vilayne by an appeale of felonye the villayne beyng lawfully endyted of the same before this is no tacite manumission or infranchisemeÌ„te for the lorde though he haue power to beate his villaine and to spoyle him of his goodes yet he can not by the lawe of this Realme put him to deathe Ye shall also vnderstande that if a mannes villayne purchaseth landê or acquyre and gette vnto him anye other thynge the lorde maye by and by entre and sease the same in to hys owne handes Wherfore if the lorde wyll brynge agaynste hys villayne a praecipe ê™ reddat by whyche he demaundeth agaynst his villayne any landes or tenementes this implyeth an enfranchisemente for asmoche as he byndeth himselfe to the prescripte and authoritie of the lawe where as he might vse his owne authoritie by entring and seasing the said landes Finally ye shal marke that some villaynes be called villaynes in grosse and other some be called villaynes regardaÌ„t In grosse be they of which the lorde is seuerally seased and not by reasone of any lordeshyp or maner but they be called regardaunte whiche do belonge to a Manoure of whyche the lorde is seased and the sayd villaynes haue bene regardant that is to saye expectant and attendante tyme out of mynde to the lorde of the sayde Manour in doing vnto him suche seruices as to a villayne appertayne ⧠Of rentes ⧠FOr asmoch as vpoÌ„ euery tenure there is commonly reserued one rente or other therefore I thynke it good sumwhat to treate of rentes But ye must vnderstande that there be sundry sortes of rentes There is one kynde of rente whyche is called rent seruice â—n other whiche is called rent charge and the thyrde which is named in frenche rente secke that is to saye in latyne redditus siccus a drye rente Nowe rent seruice is so called bycause it is knyt to the tenure and is as it were a seruice wherby a man holdeth his landes or tenemeÌ„tê or at lest way when the rente is vnseuerably coupled and knyt wyth the seruice as for an exemple where the tenant holdeth his lande of the king or of any other lorde by fealtie and by certaine rente or by homage fealtie and certaine rent or by any other sortes of seruices by certaine rent this rent is called rente seruice And here ye shal note that if this rent seruice be at any time when it ought to be payed behynde and vnpayde the lorde of whom the land or tenement is so holden whether it be in fee simple fe taile for terme of life for yeres or at wyll may of common right entre and distraine for the rent though there be no mencion at all ne clause of distresse put in the dede or lease I said before that yâ— nature of this rent seruice is to be coupled and knyt to the tenure For where no tenure is there can be no rent seruice And therfore if at this day I be seised of landes in fee simple and make a dede of feffement of the same to an other in fe simple reseruing by the same dede a rente thys can be called no rente seruice bicause there can be nowe no tenure betwene the feffoure and the feffee Otherwise it is of feffementes in fee simple made before the statute of Westmester the thirde called Quia emptores terraruÌ„ For before the making of yâ— statute if a man had made a feoffement in fe simple reseruynge to him a certayne rent yea though it had bene wtout dede here had bene created a new tenure betwene the feffoure and the feffee and the feffee shuld haue holdeÌ„ of the feffoure who by vertue of the same myght of common right haue distreyned for suche rent But at this daye by force of the sayde acte there can be no suche holdyng or tenure created nor begonne and consequently no rent seruice can be at this daye reserued vpon anye gyfte in fee simple except it be in the kinges case who being chiefe lord of all euer might and may giue landes to be holden of him Thus ye se that at this day no subiect can reserue any rente seruice vnto him onles the reuersioÌ„ of the landes or tenementes that he shall graunt be styll in him as where he grauntethe them in feâ— tayle or maketh but a lease for terme of lyfe or for certayne yeares or ells at wil. For in al these cases the reuersion of the fee simple remayneth styll in hym and therfore if here be anye rent reserued it is to be called a rent seruice and is of common right distreynable