by two Knights Fees and then the Heir being of full age at the death of his Ancester shall pay to his Lord for Relief ten Pounds CHAP. XXVII Service of Castle-Guard YE shall understand that a man may hold by Knights-service and yet not hold by Escuage nor shall pay any Escuage for he may hold by Castle-Guard that is to say by service to keep a Tower of his Lords Castle or some other place upon a reasonable warning when his Lord heareth that enemies will come or be already come into England This service is also Knights-service Ground in the Law and draweth to it Ward Marriage and Relief as in all Cases the common Knights-service doth CHAP. XXVIII Of Grand-Serjeanty THere is also another kind of Knights-service which is called Grand-Serjeanty that is where a man holdeth his Lands or Tenements of the King by such service as he oweth in proper person to do as to bear the Banner of our Sovereign Lord the King or his Spear or to conduct his Host or to be his Marshall or to be the lower Carver or Butler at the Feast of the Coronation or to be one of the Chamberlains of the receipt of his Exchequer or to do like service to the King in proper person Such manner of service I say is called Grand-Serjeanty that is to say A great or high Service And the cause why it is so called is because it is the most honourable and most worthy Service that is The most high Service For he that holdeth by Escuage is not appointed by his Tenure to do any other more special Service then another is bound that holdeth by Escuage but he that holdeth by Grand-Serjeanty is bound to do some speciall service to the King Also if he that holdeth of the King by Grand-Serjeanty dieth Relief of the Tenant by Grand-Serjeanty his Heir being of full age then the Heir shall pay to the King for Relief not only a 100s as he that holdeth by Escuage shall do but moreover the clear yearly value of these Lands and Tenements which he so holdeth of the King by Grand-Serjeanty Tenure by Cornage Furthermore ye shall observe that in the Marches of Scotland some men hold of the King by Cornage that is to say blowing of a Horn to the intent to warn the men of the Countrey when they hear that the Scots or other their Enemies be coming or be already entred into England which service is also a kind of Grand-serjeanty Grand-Serjeanty therefore is as much to say in Latin as Magnum-servitium Definition of Serjeanty that is to say A great or high Service Like a Petty-Serjeanty is called Parvum servitium that is to say A little or small service But to revert again to the matter Ye shall Note that if any Tenant holdeth of any other Lord then of the King by such service of Cornage then it is no Grand-Serjeanty but yet nevertheless it is Knights service and draweth to it Ward Marriage and Relief For this is a Rule infallible That none can hold by Grand-Serjeanty but of the Kings Majesty only Rule in the Law Finally Ye shall understand that all they which hold of the King by this Service called Grand-Serjeanty do hold of the King by Knights-service and by virtue of his Tenure the King shall have of them Ward Marriage and Relief but Escuage yet he shall not have of them unless they hold by Escuage of him by express speciall words CHAP. XXIX Petty-Serjeanty TEnant by Petty-Serjeanty is he that holdeth his Land immediately of our Sovereign Lord the King by this manner of service to pay to the King yearly either a Bow a Spear a Dagger a pair of Gauntlets a pair of Spurres of Gold a Shaft or such other small things appertaining to the Warre And this service is in effect but Socage because that such a Tenant is not bound by his Tenure to go nor do any thing in his own proper person touching the Warre but only to render and pay yearly certain things to the King as a man ought to pay a Rent Wherefore this Service of Petty-Serjeanty is no Knights-service but yet ye shall note That a man cannot hold neither by Petty-Serjeanty neither by Grand-Serjeanty but of the King only CHAP. XXX Homage Ancestrell TEnant by Homage Ancestrell is he which holdeth his Land of his Lord by Homage and both he and his Ancesters whose Heir he is have holden the same Land of the said Lord and of his Ancesters time out of mind by Homage and have done unto them Homage And this is called Homage Ancestrell by reason of the long continuance which hath been by title of prescription Warranty because of Homage Ancestrel as well concerning the Tenancy in the blood of the Tenant as concerning the Lordship in the Lord. And this service of Homage Ancestrell draweth unto it Warranty that is to say if the Lord which is now in life hath once received the Homage of his Tenant he ought to warrant the same Tenant what time soever he shall be impleaded or sued for such Lands so holden of him by Homage Ancestrell Moreover such service of Homage ancestrell draweth unto it acquitall that is to say the Lord ought to acquit the Tenant against other Lords that can demand any manner of Service of the Tenancie Wherefore if in this case the Tenant which holdeth by Homage ancestrell be impleaded of his Lands and voucheth or calleth his Lord to Warrantie who cometh in by Process and demandeth of the Tenant what he hath to binde him to the Warrantie and the Tenant sheweth how he and his ancestors whose Heir he is have holden his Lands of him and of his ancestors time out of minde surely the Lord if he cannot deny this and if he hath received the Homage of such a Tenant is bound by the Law to warrant him his Land so that if the Tenant lose his Lands in default of the Lord thus vouched that is to say called to warrantie he shall recover against him as much in value of these Lands and Tenements which the Lord had at the time of calling to warranty or at any time after but if the Lord never received the Homage of his Tenant then he may very well when he is thus vouched disclaim in the Lordship or Seignory and so put out the Tenant of his warranty Wherefore ye shall note that in every case where the Lord disclaimeth in his Seigniory in Court of Record his Seigniory or Lordship is extinct and the Tenant shall hold from henceforth of the next Lord to him that thus disclaimeth Thus ye perceive that Homage ancestrell is a long continuance as well in the blood of the Tenant in respect of his Tenancy as in the blood of the Lord in respect of his Seigniory wherefore if the Tenant doth once alien his Lands to another although he purchase the same again yet he shall not hold any longer by Homage ancestrell because of his
taken had and sued out of the Kings hands by the person or persons to whom they shall be so disposed willed or devised in like manner as hath been used by any Heir or Heirs before the making of this Statute Every person having Mannours Lands c. of Estate in Inheritance holden of the King in chief by Knights-service or of the nature of Knights-service in chief hath power by his last Will in writing or by any other Act executed in his life to give dispose will or assign two parts thereof in three parts to be divided or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty and by speciall divisions that it may be known in severalty for the advancement of his Wife preferment of his Children and payment of his debts or otherwise at his pleasure Here also the custody Wardship and Primer Seisin or any of them as the case shall require of as much of such Mannours Lands c. as shall amount to the clear yearly value of the third part thereof as also all fines for Alienations upon such alteration of the Free-hold or Inheritance are saved to the King Every person having Mannours Lands c. of Estate of Inheritance holden of the King in chief by Knight-service and having other Mannours Lands c. holden of the King or any other by Knight-service or otherwise hath power to give dispose or will or assign by Will in writing or otherwise by Act executed in his life two parts thereof in three parts to be divided or so much thereof as shall amount to the yearly value of two parts thereof to be severed as aforesaid for the advancement of his Wife preferment of his Children and payment of his Debts or otherwise at his pleasure Here likewise the Custody Wardship Primer Seisin and Fines for Alienation are saved to the King as before Every person having Mannours Lands c. of estate of Inheritance holden of any other Lord by Knight-service and other Lands in Socage or of the nature of Socage may give dispose assure by will or otherwise by Act executed in his life two parts of the Knight-service Land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the Socage Land at his pleasure saving to such Lord for his Custody and Wardship so much of the Knight-service Land as shall amount to the yearlyly value of the third part thereof Every person having Mannours Lands c. holden of the King by Knight-service and not in chief or any Mannours Lands c. holden of the King by Knight-service and not in chief and other Mannours Lands c. holden of any other person by Knight-service and also other Mannours Lands c. holden of any other person in Soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by Act executed in his life two parts of the said Knight-service Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid all the Soccage Land at his will and pleasure Howbeit here also the Custody and Wardship of so much of the said Knight-service Mannours Lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part Provided that all persons shall sue Liverie for Possessions Reversions or Remainders and pay Reliefs and Heriots as they did before the making of this Act. Fines for Alienations shall be paid in Chancery upon Writs of Entry in the Post for common Recoveries suffered of any Mannours Lands c. holden of the King in chief in like manner as upon Alienations of such Mannours Lands c. by Fine or Feoffment Howbeit no other Fine shall be paid there for any such Writs but only such Fines for Alienations Where two or more hold any Mannours Lands c. of the King by Knight-service joyntly to them and their Heirs of one of them and he that hath the Inheritance dieth his Heir being within age the King shall have the Ward and Marriage of such Heir the life of Free holder or Free holders notwithstanding saving to every Woman her Interest of Dower in such Lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also the King the Reversions of all such Tenants by joynt-Tenure and Dower after the death of such Tenants in case they happen to die during the Nonage of the Kings Ward CHAP. LIV. Matrimony and Marriage ALl Marriages shall be adjudged lawfull which are not prohibited by Gods Law What marriages shall be lawfull Spirituall persons may marry 32 H. 8.38 All Laws Canons Constitutions and Ordinances which prohibit Marriages to spirituall Persons who by Gods Law may marry and all forfeitures therein shall be void 2 3. E. 6.21 Bigamus is Felony A Bigamus shall suffer death as a Felon unless he or she have had no notice that the Husband or Wife was living within seaven years before or the Marriage be severed by Divorce This Felony shall cause no corruption of blood Bigamy causeth no corruption of blood c. or loss of Dower or inheritance 1 Jac. 11. CHAP. LV. Of Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man What Voucher is and another ought to Warrant the Land to the Tenant then the Tenant shall Vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by the which he may be Summoned then there shall go forth a Writ called Sequatur sub suo periculo and when he cometh he shall plead with the Demandant and if he come not or if he come and cannot barre the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad valentiam against the Vouchee CHAP. LIV. Voucher and Connter-Plea of Voucher WHen any demandeth Land against another A Tenant impleaded voucheth the vouchee denieth the Warranty and the party that is impleaded Voucheth to Warranty and the Vouchee denieth his Warranty in this case like as the Tenant should loose the Land in Demand in case where he Vouched and the Vouchee could discharge himself of the Warranty In the same wise shall the Vouchee loose in case where he denieth his Warranty and if it be found and tryed against him that he is bound to Warranty And if an Enquest be depending between the Tenant and the
some such Tenants have an Inheritance according to the custome of that Mannor yet in very deed they are but Tenants at the will of the Lord for as some men think if the Lord will expell them and put them forth they have no remedy at all but to sue unto their Lord by way of Petition desiring him to be a good and gracious Lord unto them for if they might have any remedy by the Law then should they not be called say they Tenants at the will of the Lord after the custome of the Mannor but other men of no less Learning and prudence have been of contrary judgment as Lord Brian Chief Justice in the time of King Edward the fourth whose opinion was alwayes that if such a Tenant by the custome paying his Services be ejected and put forth by his Lord without cause reasonable Action of Trespass he may very well bring and maintain an Action of Trespass against his Lord at the Common Law as appeareth Termino Hillarij An. 21. E. 4. Also Lord Danby Chief Justice likewise was of the same judgment as appeareth Termino Mich. An. 7. E. 4. where he saith That the Tenant by the custome is as well Inheritable to have his Land after the custome as is he that hath a free-hold at the Common Law but the determination of this question I remit to my great Masters which can lose the knots and ambiguities of the Law forasmuch as yet still of this matter Causidici certant adhuc sub judice lis est Also ye shall understand that the usage of some Mannor is when the Tenant will surrender his Land to the use of another that he shall take a Wand or a Rod in his hand and deliver it to the Steward of the Court and the Steward shall deliver the same Wand in name of Seisin to him that shall take the Land and such a Tenant is called Tenant by the Verge Divers other customs there be of surrendring of Copyhold Lands which here for tediousness I will omit And forasmuch as Tenants by custome of the Mannor have by the course of the Common Law no free-hold therefore they be called Tenants of base Tenure Base Tenure Also if such a Tenant letteth to farme his Copyhold Land for longer time then a twelve moneth and a day without the Lords licence it is a forfeiture of his Land to his Lord. And know ye that if this Tenant fell any Timber that groweth upon the Land but only for the reparation of the same this is Wast and a forfeiture of his Copyhold Hitherto have I treated of the first member of our division that is to wit of Chattels for as I said all Leases for terme of years and at will be accounted in the Law but as Chattels and be comprised under that name save that these be called Chattels reals whereas Kine Oxen Chattell reall and personall Horses Money Plate Corn and such like be called Chattels personals Now we will proceed to the explanation of the second member that is to say of Freeholds CHAP. VIII Of Freeholds FReeholds or Frank-tenements a man may have in sundry wise for either he is seized for terme of his own life or for terme of another mans life if he be seized for terme of his own life either he hath gotten such estate by way of Purchase or else the Law hath intituled him thereunto I call it by purchase whether he cometh unto it by his own bargaining and procurement or by the gift of his friend and I call it by the operation of intituling of the Law when a man marrieth a woman that is an inheritrix and hath issue by her Tenure by the Courtesie and she dieth now shall he have the Lands during his life by course of the Law and shall be called Tenant by the courtesie of England Likewise if a man be seized in fee-simple or fee-taile of Lands and taketh a wife and he dieth the Law giveth unto the wise the third part of her husbands Lands for terme of life Tenant in Dower and she shall be called Tenant in Dower CHAP. IX Tenant for terme of Life TEnant for terme of Life is he that holdeth Lands or Tenements for terme of his own life or for terme of anothers life howbeit the most frequent and common manner of speaking is to call him that hath an estate for terme of his own life Tenant for life and him that hath an estate for terme of anothers life Tenant for terme dauter vie that is to say Tenant for terme of anothers life Ye shall note that like as he that maketh the Lease is called the Lessour and he to whom the Lease is made is called the Lessee so he that maketh the Feoffment is called the Feoffer and he to whom the Feoffment is made the Feoffee Also if the Tenant for terme of life or Tenant for terme of another mans life doe waste Waste the Lessour or he in the reversion shall maintain very well an Action of Waste against him and shall by the same recover trebble damages Finally Ye shall understand that by an Act of Parliament made in the 27. year of our Soveraign Lord King Henry the eight it is enacted That no Freehold nor estate of Inheritance shall pass nor take effect by reason of any bargain and sale except the same be made by writing indented sealed and enrolled in one of the Kings Majesties Courts at Westminster or else within the County where the Land doth lie before the Custos Rotulorum and two Justices of Peace and the Clerk of the Peace of the same County or two of them at least of which the said Clerk shall be one and that such enrolment be made within six moneths after the date of such writing and for the enrolment of every such writing where the Land comprised therein is not above the yearly value of Fourty shillings they shall take two shillings that is Twelve pence to the Justices and Twelve pence to the Clerk and if the Land be above the yearly value of Fourty shillings then they shall take Five shillings that is Two shillings and six pence to the Justices and Two shillings and six pence to the Clerk which shall enroll and ingross sufficiently in parchment such Deed and writing and at every years end he shall deliver the same to the Custos Rotulorum of the same County to remain in his custody among other Records of the same County so that the parties resorting thither may see them provided that this extend not to any Tenements or Hereditaments lying within any City or Town Corporate wherein the Majors Records or other Officers have authority or have lawfully used to enroll any Evidences or writings within their Precinct CHAP. X. Tenant by the Courtesie TEnant by the Courtesie of England is he that hath married a Wife inherited and hath had issue by her and she is dead in this case the Law of England permitteth and
discontinuance but shall hold now by the vulgar and accustomed Homage CHAP. XXXI Of Liveries WHen one dieth which held of the King by Knights-service in Capite that is to say in chief Tenant in chief of the King his Heirs being within age the King as before is declared shall have the wardship and custody as well of the Lands as of the body that is to wit the marriage if he be unmarried but if the Heir be of full age at the time of the death of such ancestor yet shall the King by his Prerogative royall have primer Seisin of all the Lands Tenements Primer seisin and other Hereditaments whereof such his Tenant was seized in his demeane as of see Intruder upon the Kings possession And if such an Heir will enter into his Lands when he cometh to his full age before he sue his Livery and receive Seizin by the King no Freehold shall accrew nor grow unto him but he shall be deemed an intruder into the Kings possession yea and if he die so seized in the mean time his Wife shall have no Dowrie of such Lands wherefore it behoveth in any wise that such Heir as well male as female coming to full age before he or she enter into their Land to sue Livery the manner and form whereof according to the Act of Parliament lately promulgated and set forth I intend briefly to recite CHAP. XXXII How Heirs ought to sue their Liveries enacted 33 H. 6. Cap. 21. NO Person or Persons having Lands or Tenements about the yearly value of five Pound Writ Diem clausit extremum shall have any Livery before Inquisition or Office found before the Eschetor or other Commissioner by virtue of the Kings Writ of Diem clausit extremum or Commission directed out of the Chancery or other Courts having authority to make such a Writ or Commission which shall not pass out of the same but by Warrant or Bill assigned and subscribed by the Master of Wards or Liveries the Surveyor Atturney and recoverer of the said Court or three two or one of them to be directed and delivered to the Chancellor of England or to any other Chancellor or Officer having power to awarde such Writs and for the writing and sealing of the same shall be paid of the accustomed Fees But if the Land exceed not the said yearly value of five Pounds then they shall pay for the Seals of every such Writ or mission eight Pence and for the Comwriting six Pence and not above And the Inquisitions and Offices hereupon found shall be returned by the said Escheters or Commissioners into the same Court from whence the Writ or Commission was awarded which done the Clerks of the Petty-bogg shall receive the same Offices and and make a Transcript thereof to the Master of the Wards and Liveries And then the said Master and the Surveyor Atturney and generall Receiver or three of them whereof the Master or Surveyor to be one shall Covenant and Indent with such Persons for their Livery of the Castles Mannours Lordships Lands Tenements and Hereditaments comprized or not comprized in such Offices and shall make and set a rate and price of the same and appoint the daies of payment thereof by Obligation to be taken for the same to the King And every Bill for any speciall or generall Livery assigned by the hands of the said Master Surveyor Atturney Receiver or three of them whereof the Master or Surveyor to be one shall be Warrant sufficient to the Lord Chancellor or other Officer having power to pass Liveries under any of the Kings Seals accordingly In which case the Clerks of the Petty-bogge or other Clerks by whom the Liveries be written shall receive as well for themselves as for other such Fees as hath been accustomed Item Generall Livery Every person may sue at his pleasure a generall Livery for any Mannours Lands Tenements Rents Reversions Remainders or other Hereditaments whereof the clearly yearly value shall not exceed twenty Pounds provided that an Office be thereof found and a Warrant first obtained of the said Master and others as is aforesaid And where such generall Livery is sued if the Lands exceed the yearly value of five Pounds they shall pay for the Seal twenty Shillings four Pence and all other Fees accustomed as afterwards shall be declared But if they exceed not the yearly value of five pound they shall pay but these Fees following that is to say for the Seal of the Livery twelve Pence to the Clerks of the Petty-bogge for the writing and the inrolling twenty Pence for the respect of the Homage in the Hanapar eight Pence to the Lord great Chamberlaine twenty Pence to the Master of the Rolles twenty Pence and the Clerk of the Liveries for the Warrant and Inrolling of the Livery twenty Pence Item Respect of Homage No person or persons shall pay in the Exchequer or any other Rents for the respect of Homage for any Lands or Hereditaments not exceeding the yearly value of five Pound above eight Pence and for the entering thereof and Warrant of Atturney above four Pence And the value of such Lands and He-Hereditaments not exceeding the yearly value of twenty Pound shall be taken as it is limited in the Offices founden thereof except by the examinations and Certificate of the said Master Surveyor Atturney and Receiver or three of them It shall otherwise appear and be declared in any of the Kings Courts Also no Eschetor shall sit only by virtue of his Office for the inquiry of the Tenure Title or value of any Lands or other Hereditaments holden of the King being of the yearly value of five Pounds Paines of forfeit or above without the Kings Writ to him directed upon pain to forfeit five Pound for every time he shall so do neither shall he take for the finding of any Office of Lands Fees of Office not exceeding the yearly value of five Pound above fifteen Shillings That is to say six Shillings eight Pence for his own Fee and three Shillings four Pence for the writing of the Office and for the Charges of the Jury three Shillings and for the Officers that shall receive the Offices in any Court of Record two Shillings upon pain that the Eschetor doing otherwise shall for every time forfeit five Pound And upon like pain the Officers of every Court of Record where such Inquisitions shall be returned being offered unto them within one Moneth next after the finding thereof shall receive them the one Moity of all with forfeitures to the King and the other to the Party that will sue for the same c. And they which hereafter shall be in case to sue Livery whose Lands and Tenements exceed not the yearly value of five Pound may lawfully sue forth that general Livery by Warrant from the said Courts as is aforesaid although none other Inquisition be thereof had nor certified paying nevertheless the Fees above
remembred Finally Every person shall sue forth his Patent for his Livery within three Moneths next after the assignment of his Bill or else his Bill assigned to be void and of none effect Hereafter ensueth the Fees Accustomed of the Generall Liveries FIrst to the Clerks of the Petty bog for the respect of Homage and Fealty the writing and inrolling fourteen Shillings two Pence to the Lord great Chamberlaine fourtie Shillings to the Master of the Rolles three Pound to the Clerks of the Liveries for writing of the Indentures and Obligations twenty Shillings besides Councell The Fees of the special Livery accustomed to be paid by these following That is to say for the signet three Pound ten Shillings for the Privy Seal thirtie Shillings for the great Seal fourty four Shillings eight Pence to the Clerks of the Petty-boggs fourty Shillings to the Master of the Liveries Clerks fourty Shillings for inrollment of the knowledge of the Indenture twelve Shillings to the Lord great Chamberlaine of England fourty Shillings for the Writ of the Allowance for the same Livery ten Shillings six Pence And note ye that sometime in speciall Cases the Fees be more and sometime less as the case and matter doth require Hitherto have we briefly touched all kinds of Knights-Service and things incident to the same Now will we with like briefness declare the other kind of Services which commonly be comprized under the generall Name of Socage For all Lands or Tenements either they be holden by Knights-Service or else by Socage Tenure or at least by the Nature of Socage Tenure which in effect is all one Wherefore first we shall define what Socage is in the proper signification which done we shall peruse the other kinds of Services which be of the nature of Socage Tenure CHAP. XXXIII Socage SOcage is properly where the Tenant is bound to come with his Yoke that is What Socage Tenure is with his Plow to Ear and Sow a parcell of the demeane Lands of his Lord which service in antient time was very common but now by the mutuall consent both of the Lord and the Tenant it is converted for the most part into a yearly Rent howbeit the name of Socage abideth still Wherefore now all that is not Knights-service is called by the Name of Socage so that if a man holdeth by Fealty only or by Fealty and Homage For all manner of service it is but Socage Tenure For Homage alone maketh not Knights-service as I have said heretofore He holdeth in effect but by Socage Gardian in Socage Now where a man holdeth his Lands by Socage and dieth his Heir being within the age of fourteen years the Lord shall not have the Ward but the next of kinne to the Heir to whom the Heritage cannot discend shall have the Title and Wardship as well of the Land as of the Heir till the Heir come to the age of fourteen years And such tutor or Gardian is called Gardian in Socage and shall render accounts to the Heir of the Issues and Profits that he hath received of the Lands during such time deducting his reasonable Costs and Expences So that he shall not have the Wardship to his own use and profit as the Lord which is Gardian in Chivalry hath And in case the Gardian in Socage dieth before he hath made his account the Heir is without remedy because no Writ of account lyeth against the Executors but for the King only Finally Ye shall understand that when a Tenant in Socage dieth Rent the Lord of whom the Land is held shall have Relief That is to say Distress the value of the Rent that is yearly due unto him of the Tenancy beside the yearly Rent So that in effect after the death of his Tenant he shall have of the Heir two Rents save that for the Relief he may distrein forthwith but for the accustomed Rent he cannot distrein till the usuall day of payment become CHAP. XXXIV Frank-Almoign TEnant in Frank-Almoign that is to say The first foundation of Frank almoigne in free Alms is where a Bishop Deane or any Ecclesiasticall Person holdeth of his Lord in pure and perpetuall Alms And such Tenure began first in old times after this manner When a man was seised in atient times of certain Lands or Tenements in his demesne as of Fee and of the same Tenements enfeoffed an Abbot and his Covent or a Pryer and his Covent or any other Person Ecclesiasticall as a Deane of a Colledge Master of an Hospitall and such like to have and to hold the same Lands to them and to their Successors for ever in pure and perpetuall Alms or in Frank-almes in these two cases the Tenements should be holden in Frank-almoigne By force of which Tenure they that hold in Frank-almoigne after this sort be bound of right before God to make Orisons and Prayer and to do other Divine Services for the Souls of their Granters and Feoffors and for the Souls of their Heirs which be dead Tenant in Frank-almoigne shall do Fealty and for the prosperous Estate of them and their Heirs whilest they be alive and because of right they be bound to this Divine service they be discharged by the Law to do any other Prophane or Corporall Service as Fealty or such like But nevertheless such as hold their Tenements in Frank-almoigne do omit and leave undone these Divine services whereunto they be bound before God the Lord cannot distrain them nor yet compell them by any other means by the course of the Common Law but the only remedy is to complain of them to their ordinary who of right ought to compell such Ecclesiasticall persons to do the Divine service due as afore said But here ye shall note Tenant by Divine Service That if a Parson of a Church or any other Ecclesiasticall Person did before the Statutes of dissolution of Abbies Monastries c. hold of the Lord by certain Divine Service to be done as to sing Mass every Friday or placebo dirige or to find a Priests to sing Mass or to distribute in Alms 100. pence to a hundred men at such a day Distress for Divine Service in all these cases if such Divine service be undone the Lord may very well Distrain because the service is here put in certain Now as I said before that if in old time a man did Enfeoffe such Ecclesiastiall Person after such sort he should hold his Lands in Frank-almoigne but at this day it is otherwise for by reason of the Estatute called Quia emptores terrarum Westmin 3. Cap. 1. No man can Alien nor grant Lands or Tenements in Fee-simple to hold of himself So that now if a man being seized of Lands in Fee-simple granteth the same by Licence to an Ecclesiasticall Person in Frank-almoigne These words Frank-almoigne be void and the Ecclesiasticall Person shall hold them immediately of the Lord of the Feoffer by the same services that