it is that the grauntoure shulde be enforced to atturne sith an atturnement is adhibited to none other purpose than to haue the conseÌ„t and agremente of the particular tenaunte to the intent that it may appere that he hath notice or knowlege of this grauÌ„te but here where as the particular tenaunte hymselfe is the grauntour an atturnement were superfluous and more than neded Of seruices HYtherunto I haue brefely touched and ouerrun the sundrye kyndes and formes of estates Now forasmoch as there is no tenure but hathe vnto it some seruice knyt and annexed it were very necessary to declare howe many kyndes of seruices there be and what seruyce is due to euery tenure For the knowledge her of ye shal vnderstande that the principall and moste common kynde of seruyce that the tenauÌ„t oweth to hys lorde is called knyghtes seruyce Knyghtes seruice KNyghtes seruice includeth homage fealeie and for moste ê‘te escuage and whosoeuer holdeth his laÌ„des by knyghtes seruice is bound by the law of this realme to do vnto his lorde homage and fealtie and to paye for most parte escuage when it shal be assesed by authoritie of parliamente as hereafter more playnlye shal be declared vnto you Homage is the most huÌ„ble and reuerent seruice that a man of free condition can do for whan the tenaunte shall do homage to his lord the lord shal sytte and the tenaunt shal knele before hym vpon bothe knees and shall holde his handes bitwene hys lordes handes and saye in this wise I become your man from this daye forthward of life and of membre and of earthly honoure and to you shall be faythfull and loyall and faithe to you shall beare for the landes that I clayme to holde of you sauynge the faythe that I beare vnto oure soueraigne lorde the kynge and than the lorde so syttynge shal kysse him But if an ecclesiasticall persone whych by hys ordre and profession hath addicted himselfe to the seruice of god in especiall shall do homage to his lord he shall not say I become your man bycause he hath professed himselfe to be the onely man of god but shal say I do to you homage and shall be to you faythfull and true and fayth to you shall beare for the tenementes yâ— I holde of you sauynge the faythe whyche I do owe to our soueraygne lorde the kynge Ye shal note also that when a woman not maried doth homage to her lord she shal not say I become your woman for it is not conuenient that a woman shulde be the woman of any other than of her husbande that she shall mary but she shal saye euen as the ecclesiasticall persone sayeth I do vnto you homage c. That yf perchaunce a man holdeth sundry landes and tenementes of sundrye lordes and euery of them by knyghtes seruice than in the ende of his homage makinge he shal say sauynge the fayth that I owe to our soueraygne lorde the kynge and to myne other lordes And it is to be knoewn that none is bounde to do homage to the lord onles it be suche a tenaunte as hath in the tenauncye an estate of fee simple or fee tayle eyther in hys owne ryght or in the ryght of an other For if a woman haue landes or tenementes in fee simple or fee tayle whyche she holdethe of her lorde by knyghtes seruice and taketh an husbande and haue issue in this case the husbande in the lyfe of his wyfe shal do the homage bycause he hath a title to haue the landes by the curtesy of Englande yf he ouerlyueth her also he holdeth them nowe in his wiues ryghte yet before issue had bytwene them yâ— homage shal be made in theyr both names But if the woman dieth before any homage made by her husbande in her lyfe and the husbande kepeth styll the landes as tenaunt by the curtesye now he shall not do homage to hys lorde bycause he hath nowe an estate but for terme of lyfe Fealtie is as moche to saye as a fidelitie or faythefulnes in doynge wherof the tenaunte shall holde hys hand vpon a boke say thus Heare you this my lorde I to you shall be faythfull and true and fayth to you shall beare for the landes and tenementes whyche I clayme to holde of you and duelye shall do you the customes and seruices whiche I owe to do you at the termes assigned as me helpethe god and hys sayntes And than he shall kysse the boke but he shal not knele as he the doth homage And ye shal obserue that homage can not be done but to the lorde hym self where as the steward of the lordes courte or the bailife may take fealtie for the lorde Also tenaunte for terme of life shal do fealte but homage as is sayde he can not do Nowe as concernynge escuage that is to saye the seruice of the shild ye shal vnderstand that he that holdeth his laÌ„des by escuage whan the kynge makethe a viage royall in to Scotlande for the subduynge of the Scottes is bounde to be wythe the Kinges Maiestye by the space of .xl. dayes well and conuenientlye arayed and appointed for the warre And he that holdeth his lande but by the moitie of the fee of knightes seruice is bounde by the force of his tenure to be wyth the kynge by the space of xx dayes and so proporcionably accordyng to the rate and quantitte of hys tenure But now to our institute and purpose after thys viage royall in to Scotlande in whyche the kynge goeth in persone and after the retyre in to Englande agayne a parliamente is wont to be sommoned in whyche shal be prescribed asseised what euerye persone that helde hys lande by homage and went not wyth the king neither by hymselfe nor by his deputye shall paye to hys lorde in satisfaction of his not seruynge and accordynge to the taxacion herof euery tenaunte shall paye to hys immediate lorde whether it be the kyng or other after the rate and porcion of hys tenure if he holdeth by an hoole fee he shall paye the hoole escuage if by a moitie the halfe yf by the fourth ê‘te of a fee the fourth parte c. and this money thus asseysed is called scurage or escuage for whyche the lorde to whome it is due maye verye well for the non paymeÌ„t therof distreyne But here it is to be noted that some tenauÌ„tes by custom vsed tyme out of mynde are bound to pay but the moitie or the thyrde parte of that which shall be asseised and limited by acte of parliament Yea and the custome is in some place that to what somme of money so euer escuage is asseised yâ— tenauÌ„tê shall paye neuer but such a certeyne somme of mony and this escuage is called escuage certeyne where as the other is called escuage vncertayne Finally ye shall vnderstande that escuage vncertayne is alwayes adiuged to be knightes seruice and draweth vnto it warde mariage reliefe but escuage certaine is no knyghtes
almoyne By force of whyche tenure they that holde in francke almoyne after thys sorte be bounde of ryght before god to make orisones and prayers to celebrate masses and to do other diuine seruices for yâ— soules of their graunters and feffers and for the soules of theyr heires whych be dead and for yâ— prosperous estate of their heyres that be nowe alyue And bycause of ryghte they be bounde to thys diuine seruice they be discharged by the lawe to do any other prophane or corporall seruice as fealtye or suche other lyke But neuerthelesse if suche as hold theyr tenementes in franke almoyne do omyt and leaue vndone these deuine seruices wheruÌ„to they be bouÌ„d before god the lorde can not distrein them ne yet compell them by any other meanes by the course of the coÌ„mon lawe but the onelye remedy is to complayne of them to theyr ordinarye who of ryght ought to compel suche ecclesiasticall persones to do the deuyne seruice due as afore said But here ye shall note that yf a persone of a chyrche or any other ecclesiasticall persone holdethe of hys lorde by certeyne diuine seruice to be done as to synge masse euery frydaye in the weke or placebo and â—irige or to fynde a preest to synge masse or to distribute in almes C. pence to a hondred men at suche daye in all these cases yf such diuyne seruice be vndone the lorde mayne very wel distrayn bycause the seruice is put here in certayntye Now I sayde that if in olde time a man dyd infeoffe suche ecclesiasticall persone after such sorte he shuld holde hys lande in franke almoyne but at this day it is otherwise for by the reasone of a statute called Quia emptores terrarum no man can aliene ne graunt landes or tenementes in fee simple to holde of hym selfe so that nowe yf a man beynge seased of landes in fee simple graunteth the same by liceÌ„ce to an ecclesiastical person in franke almoyne these wordes franke almoyne be voyde the ecclesiastical persone shal holde them immediatlye of yâ— lorde of the feoffer by the same seruyces yâ— the feoffer helde so that no man can hold in franke almoyne but by force of a grante made before the sayd statute onely the kinges maiesty excepted for he is out of the compasse of the-statute Finally ye shall note that where as a man holdeth in frank almoyne his lorde is bounde by the lawe to acquite him of al maner of seruice that any other lorde can haue or demauÌ„d out of the sayde landes That yf he dothe not acquyte him but suffre him to be distreyned than he shall haue agaynst his lorde a certayne wryt called a wryt of meane and shall recouer agaynste hym hys damages and costes of his suite Of burgage A Tenure in burgage is where an auÌ„cieÌ„t broughe is of which the kynge is lorde and they whyche haue tenemeÌ„tes wtin yâ— same brough holde the same of the kyng payenge a certeyne yearly rent whych tenure in effecte is but socage tenure Lykewyse it is where as any other lorde spirituall or temporal is lord of such broughe Here ye shal note that for the most parte suche auncient burghes haue dyuers customes and vsages which other townes haue not For some burghes haue a custome that the yongest sonne shal inherite before the eldeste whyche custome is called commonlye broughe Englyshe Also in some burghes by the custome the woman shall haue for her dower al the landes and tenementes wherof her husbande was seased at anye tyme durynge the couerture Moreouer in some burghes a maÌ„ may deuise his landes or tenemeÌ„tes by testameÌ„t at the tyme of his death and by force of suche deuyse or legacye he to whome the bequeste was made after the death of the testatour maye by force of thys auncient custome entre in to the landes so to him bequethed or deuised without anye lyuery of seasone to him made or further ceremonye of lawe Dyuers other customes in Englande there be contrary to the course of the common lawe whyche if they be anye thynge probable and maye stande wyth reason are good and effectuall not withstandynge they be agaynste the common lawe Of villenage or bonde seruice A Tenant in villenage is proper lye whan a villayne that is to saye a bondman holdeth of his lord whose bondman he is certayne landes or tenementes accordynge to the custome of the Manoure or otherwyse at the wyll of hys lorde and to do his lorde villayne seruice as to beare to carye yâ— donge of his lorde out of the citie or out of hys lordê Manoure to lay it vpon the demeane landes of his lorde or to do such like seruyle villayne seruice How be it fre men in some places holde theyr tenementes laÌ„des of their lordes by custome by such sorte of seruice and theyr tenure is called tenure in villenage yet they themselues be no villaines ne of seruile condicion but fre meÌ„ For the land holden in villenage maketh not the tenant a villayn but contrary wyse a villayne may make fre land to be villayne land vnto his lorde As if a villayn purchaseth laÌ„d in fee simple or in fee tayle the lorde of the villayne maye entre into the lande so purchased by hys bondman and put hym and his heyres out for euer and this done the lord if he wil maye lease the same lande to his villayne to holde of hym in villenage And here ye shall vnderstande that seruitute or villenage is the ordinance not of the law of nature but of that law which is called Ius gentium by whyche a man is made subiecte contrary to nature vnto an other mannes dominioÌ„ For he that is a villayne or bondman eyther he is so by title of prescription that is to saye he and hys auncestoures haue bene villaynes tyme out of minde or elles he is a villayne by his owne coÌ„fession in court of recorde so that all villaynes either they be borne villaynes or elles they be made so They be borne villaines when theyr father beynge a bonde man himselfe begetteth them in lawfull wedlocke either of a fre woman or of a bond woman for so that the father be bonde the issue of him lawfully begotten muste nedes be bonde by the lawes of Englande hauynge no regarde to the coÌ„dicion of the mother where as in the ciuill lawe it is clene contrarye For there partus sequitur ventrem that is to say the seruitute or bondage of the mother maketh the chylde bonde and not of the father Howe be it the bastarde sonne of a bondeman shall not be bonde bycause a bastarde is nullius filius in the law that is to say nomans sonne They be made vyllaynes two wayes eyther by theyr owne propre acte as whan a free man beynge of full age wyll come into a court of recorde there confesse himselfe bonâ—e to an other man Or elles by the lawes of armes called Ius gentium as whan a man is taken
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
it nor of any parcel therof ye be without remedy by course of the comoÌ„ law for ye can not distreyne for it nor yet bryng your wrytte of an nuitie but if ye were ones seised of it or of parcel therof and it is estsones behinde then youre remedie shall be this Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng and there demaunde the arreragies of the rent whiche if the tenaÌ„t denye to paye this denyal is a disseisin of the rent Also if the tenaunt be not then ready to pay it this counter uayleth a denyal which is a disseisin Moreouer if neither the tenaunt nor none other man be remayning vpon the grounde to pay the rent when ye demaund the arreragies this also is a denyall in the law and is in very dede a disseisin And of these disseisinê ye may haue an assise of nouell disseisin against the tenaunt and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee And if after suche recouery and execution had the rente be agayne at an other tyme denyed you then ye may haue a redisseisin and shal recouer your double dammagies c. It shal be therfore good wisdome for a man when a rent is grauÌ„ted by any persone vnto him to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent and then if at the next day of paiment the rent be denyed him he may haue an Assise of nouel disseisin And ye shall note yâ— there be thre causes of disseisin of rent seruice that is to wete rescouse repleuin incloser Rescouse is when the lorde vpon the lande holden of him distreyneth for his rent behynde and the distresse is rescued from him or if yâ— lord come vpon the land and wyl distreine and the tenant or any other man for hym wyl not suffre him this is called Rescouse Repleuin is when the lorde hath distreyned repleuin is made of the distresse by wryt or by playnt Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and haue his rent that is to wete by distresse And there be iiiij causes of disseisin of a rent charge the is to wete rescous repleuin encloser and denyer For denyer or denyal is aswell a disseisine of a rente charge as it is of a rent secke Finally ye shal vnderstande that there be two causes of disseisin of a rent secke that is denyall enâ—loset And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid that is to wete this when the lorde commeth to the lande holden of him or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd and the tenant hearing this encountreth him and forstalleth him the weye wyth force and armes and manaceth him in such sort as he dare not come to yâ— ground for to distreine for his rent behynd for feare of death or of mutilatioÌ„ of his membres this is a disseisin bicause the partie is disturbed of his mean lawful remedy wherby he ought to come to his rent Finally ye shall obserue marke that by an act of parliament made in the xxxij yeare of oure soueraygne lorde king Henry the eight it is lawful for the executours and administratoures of tenantes in fe simple tenantes in fee tayle and tenantes for terme of lyfe of rent seruices reÌ„t charges rent seckes and of fee fermes for the arreragies of suche reÌ„tes as were due vnto theyr testatoures in their liues either to distrayne for the same or at their election to brynge an action of dette sauyng in such lordshipes in Wales or in the marches therof where the tenauntes haue vsed tyme out of mynde to pay vnto euery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due vnpayd in her lyfe Likewise it is of him that hath a rent for terme of an other mans lyfe if he for terme of whose lyfe he hath the rent dyeth yet by vertue of yâ— sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had yâ— rent How Auowries ought to be made of rentes and seruices inacted aÌ„ 21. Hen. 8. WHere any landes be holden of any person by rentes customê or seruices if the lord distrayne vpon the same landes for any such rentes customes and seruices and repleuin therof be sued the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vpon the same laÌ„des as within his fee and scignorye aledging in the sayd auowry conysance or iustification the same landes to be holden of hym wythout namyng any person certayne to be tenante of the same and wythout making any auowrye iustification or conisaunce vpon any persone certayne And lykewyse vpon euery wrytte sued of seconde delyuerance And they that make any such auowrye iustification or conisaunce if yâ— same avowrye conysaunce or iustificatioÌ„ be fouÌ„d for them or the playntyffe be nonâ—uâ—â— or otherwise barred then they shal recouer their damagies and costes Also the said playntyffes defendauntê shal haue lyke plees lyke aide prayers plees of disclaymer onely except as they myghte haue had before the makyng of this acte Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce as well without processe as by processe shall from henseforth also in this case ioyne vnto them as wel wythout processe as by processe and haue lyke plees and lyke auauntages in all thinges disclaymer onely excepte as they myght haue by the comen law before thys acte ¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours made aÌ„ 32. Hen. 8. IT is inacted that aswel al persons whych haue or shal haue any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges
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
by an aunciente custom she shal be indowed of the 〈◊〉 â–ª yea and thoughe 〈…〉 seased actually durying the courture yet if the landes be caste vpon 〈◊〉 by the lawe so that the law calleth him tenaunt to euery mans action it suffiseth for the woman to demaunde her dower for it were vnreasonable that the negligence 〈…〉 of entrynge of the husbande shulde hurte the wyues 〈…〉 Otherwise it is as I sayde before of tenauÌ„t by the curtesy for if landes descende to a woman couert and the husbande for slouthfulnes or negligence doth not entre in his wyues life he shal not be tenaunt by the curtesi◠〈◊〉 by all lawes the wyfe oweth obedience and subiectioÌ„ to her husbande and therfore she can not compel him to entre but when landes descend to the wyfe the husbande onelye haue power to entre at his pleasure And ye shall vnderstand that onlesse the wyfe be passed the age of ix yeares at the tyme of her husbandes deathe she shall not be endowed by the common lawe But it is to be knowen that a womaÌ„ maye by diuers wayes estoppe and preuidiâ—e her selfe of her dower as if she commyt any crime for which she is atteynted of treasone murdre or felonye â—he gettâ—â—no dower not wythstandyng she hath obteyned her pardone Also yf after the deathe of her husband she taketh a lease for terme of lyfe of the same landes wherof she is indowable she losed her dower of the same Moreouer yf she departethe from her husbande and lyuethe in aduoutrye wyth an other man and not reconcieled agayne to her husbande wythout coercion of the ecclesiasticall power she lesethe her dower after her husbandes deathe She shall be also barred of dower yf she wyll wythholde from the heire the charters and euidence concernynge that lande wherof she asketh dower But none other saue the heyre can wytholde her dower for thys cause It maye not be vnknowne also of what thynges she maye demaunde dower and of what thinges not Of landes messuagies aduousons rent charges rente seruyses or signories in grosse or otherwyse of villaynes of coÌ„mons certayne of estouers certayne she is dowable But of commons and estouers sans nombre also of annuities of homage of thingê of pleasure as of seruyces of paimet of roses and semblable she shall not be endowed There be yet two other kindes of dower the one is called dowment ex asseÌ„su patrâ—is and the other is called dowment de la plus beale ê‘tie that is to saye of the fairest parte Dowment ex assensu patris is whan the father is seased of landes in fee and his sonne whiche is heyre apparaunt endoweth his wife at the churche dore whan he is espoused of parcell of hys fathers landes wyth the assente of his father in wrytinge testifienge the same assent if in thys case her husband dye she may forthwyth entre into the laudes so assigned vnto her wtout further appâ—yntynge or proces of law although the father of her husbande be yet aliue in actual possession of the lande But if she thus do and take her to thys endowment at the churche dore she can not haue her dower by the common lawe of the thyrde parte of all her husbandes landes or any parcell of them how be it if she wyll refuse this assignement made vnto her at the church dore and demaund dower at the common lawe she maye verye well A man maye also endow his wyfe at the time of the spousailes of his own landes whiche he hath in his owne possession and that dower is called dower ad ostium ecclesiae Dowment Dela plus beale that is to saye dowmente of the fayreste parte shall be in thys case Whan a man is seased of landes whiche he holdethe of an other man by knyghtes seruice and of other laÌ„des which be of socage tenure and hathe issue whyche is wythin the age of .xiiij. yeares dye and the lorde of whom the lande is holden by knyghtes seruyce entrethe in to the lande holden of hym and the mother of the chylde entrethe in to the socage tenure as gardeyne in socage yf in thys case the woman wyll brynge a wrytte of dower agaynste the lorde whyche is gardeyne in cheualrye he may plede the speciall mater and shewe howe she as gardeyne in socage hath so moche lande and pray the court that she maye be suffred to endowe her selfe of so moche lande beynge in her owne custodie as amounteth to the thyrde parte of the hole landes And than the iudgemente shall be that the gardeyne in chyualrye shall reteyne the lande holden of hym quyte from the woman duerynge the non age of the warde After which iudgement she maye go and in presence of her neighboures endowe her selfe of the beste parte of that whyche is in her custodye amountynge to the thyrde parte of the hole and than is she called tenaunte in dower de la plus beale A diuision of inheritaunces HYtherunto I haue spoken of free holdes nowe it remayneth to treate of inheritauÌ„ces not that inheritauÌ„ces be no free holdes for they be free holdes also but the other estates of whiche I haue here tofore treated be onely free holde and of no hygher nature where as a state of in heritance although it â—e a free hold yet it is not to be called by that name sythe it is a farre more excellent and greater estate But ye shall vnderstande that of inheritaunces some be of more amplitude and excellencye than other some be as that inheritaunce whyche is pure simple and without limitacion of what heyres is it called fee simple But when I make a limitacioÌ„ of what heyres thaÌ„ is it called fee tayle of which also be two sortes as herafter more at large shal be declared Nowe the nature of fee simple is to be setforth wyth oure accustomed compendiousnes Fee simple FEe simple is as I sayd the most ample large inheritaunce that can be in this realme diuised or excogiâ—ate as that whiche a man hath to hym and to his heyres simply without any further limitacion for whether they be of his owne bodye begot ten or not so that they be the next of his kinne and wythin the degrees it suffiseth So then tenaunte in fee simple is he that hath landes or tenementes whether it be by purchase or by discent to him to his heires for euer For if a man will purchase landes in fee simple he must nedes haue these wordes his heyres in his purchase for these be the onlye wordes that make an estate of inheritaunce Therfore yf landes be gyuen to a man for euer no mencion be made of his heyres he hath an estate but for terme of his lyfe bycause these wordes his heyres do lacke Yet neuertheles if a maÌ„ by his testament doth deuise landes to an other in suche where the custome wyl serue so to do though he maketh no mencion of heyres but saythe that he bequethethe to suche a
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
feffement be made of landes in fee simple vpon condicioÌ„ that the feffee shal not alien or put awey this same to none other this condicion I saye is voyde bycause the feffee is restrayned of hys hole poure that the lawe giueth in suche case vnto hym and whyche power and libertie is in maner included in euery feffement Yet I maye abbrydge hym of parte of his powre as to condicion wyth hym that he shal not aliene the landê to suche a personne or suche But of gyftes in tayle other wyse it is for yf I gyue landes to a man and to the heyres of his body lawfully begotteÌ„ vpon condicioÌ„ that he nor his heires shall aliene the landes to none other persone this condicion is good and effectuall in the lawe and if he or his heyres contrary to the condicion do aliene them than the gyuer or hys heyres maye very well entre and reteyne the laÌ„des for euer bicause this condicion doth stande wyth the forenamed statute of WestmÌ„ seconde whyche prohibiteth suche alienacioÌ„s to be made Hitherunto I haue spoken of condicions in dede now will I shew what be condicions in lawe that be annexed to any estates Knowe ye therfore that if the office of a parker or stewarde or suche lyke office be graunted to a man for terme of his lyfe though there be no coÌ„dicion at al meÌ„cioned in the grauÌ„t yet the lawe speaketh a condicion in thys case whiche is that yf the partye to whome suche offyce is gyuen shall not execute all poyntes apperteynynge vnto hys office accordingly it shal be lawfull for the grauÌ„tour to entre and dyscharge hym of hys offyce and thys condicion is called a condicion in lawe Of lyuery of season and of atturnement IN al feffemeÌ„tes giftes in tayle leeses for terme of lyfe or for terme of an others lyfe of landes or tenementes there can be no alteration or transmutacion of possession by the aunciente lawes of thys realme on lesse there be a certayne cerimonye adhibited and solempnised in the presence and syght of neyghbours or others whych ceremony is called liuerye of seasone And ye shal vnderstand that this ceremonye of lyuerye of seasone is done whan the feffoure donour lessoure or theyr deputy come wyth the neighboures solemply to the landes or tenementes and there put the feffee donee or lessee in possession of the said landes or tenementes by deliuering vnto him a clod of earth or the ring of the dore orsome other thyng in the name of seasone for this self cause this ceremonye of lawe is called lyuerye of seasone that is to witt a tradicion or gyuynge of seasone But this ceremony is not required in lessees for terme of yeares or in leeses at wyll in as moche as the lessoure in suche case remaineth styll seased and the lessee hath onelye the possession wythout the seasine and 〈◊〉 the termes of the lawe be that suche a man is possessed where as in feffementes giftes in taile and leeses for lyfe he is called seased Wherfore yf a feffemente or lees for life be made of laÌ„des or tenemeÌ„ts and before that the liuery of seasine be made the feffoure dyeth the heyr of the feffoure shall haue the landes per summum ius that is to lay by the rigoure of the lawe notwithstandyng that the feffee hath payde to the feffour the price of the land although the feffee be in possession But otherwise it is of a lese for terme of yeres I lyke ceremonye is vsed whan rente charges whan rente seruyces and suche other thynges as passe by wey of graunt be graunted for it is no full and perfyte graunt tyll it be consygnate as it were wyth the ceremonye of atturnement This atturnemente is nothynge elles but whan the tenaunte of the land of which the reuersion is grauÌ„ted or out of whyche a rente is grauÌ„ted do make some euident signification and token that he accepteth the persone to whom the grauÌ„t is made to be in the same respecte vnto hym that the grauntoure was As for an exemple if the tenaunte of the lande after he haue herde of the graunt coÌ„meth to the grauntee that is to wyt to the persone to whom the graunte was made and saye in thys wyse or in lyke effecte I agree me to the graunte made vnto you by suche a man or I am well a payde and contented of the graunt that suche a man hath made vnto you But the moste vsuall and frequent forme of atturnement is to saye Syr I atturne vnto you by force of the said graunt or I become your tenaunt or to delyuer vnto the grauntee a penye or a halfe penye by waye of atturnemente Yf a man maketh fyrst one grauÌ„t to one persone and after an other to ane other persone that graunte shal stande to whyche the tenaunte wyll atturne althoughe it be the latter And ye shal note that if a man be seased of a Manoure whyche is percell in demene and percell in seruice and doth aliene the same Manoure to an other onlesse the tenauntes of the Manoure do atturne the seruices shal not passe only tenauntes at wyll excepted for it nedethe not to cause them to atturne Note furthermore that there is a greate difference bytwene giuynge a penye in name of seasin and gyuyng it by waye of atturnement for whan it is gyuen of the tenaunt to yâ— grauÌ„tee in name of seasin it dothe not only implye an atturnement but also it gyueth him suche a seasin that if the rente afterwarde be behinde and not payd he may now vppon yâ— seasin of the penye after a lawfull distres and after rescus made brynge an assyce of nouel disseasin where as if it were gyuen only by waye of atturnement he coulde not brynge the assyse but hys wryt of rescus onely Also ye shall vnderstande that wher landes be deuisable by testamente by the custome of any auncyent boroughe or cyty yf there the reuersion of any landes be by testament bequethed to a man in fee and testatour which we call the dyuysour dyeth yâ— deuisee that is to wytte he to whom the deuise was made hath forthw t yâ— reuersion in hym wythout further ceremonye of atturnement Lykewyse it is if a man by testament dothe bequeth a rent charge that he is seased of or a reÌ„t seruice there nedethe none atturnement at all Yf two ioyntenauntes be of land and the lorde graunteth the seruyces to an other if one of yâ— ioynteâ—auÌ„â—eÌ„s atturneth it is ynoughe Finally if a lease be made for terme of lyfe the remayndre to an other in tayle the remayndre ouer to the ryght heyres of the tenauÌ„t for terme of lyfe if in this case the tenauÌ„t for terme of lyfe wyll graunte hys remayndre in fee to an other by hys dede thys remayndre passeth forthwyth without any atturnement for if any atturnement were requisite it shulde be made of the tenauÌ„t for terme of life whyche in this case is the grauntour hym selfe And in vayne
though there be no clause of distresse in the dede of feffemente or lease But here ye wyl aske me when in the case before remembred a man at this daye gyuethe cleane aweye the lande or tenement from himselfe in fee simple so that there is no maner of reuersion of the same remaynyng in him at all and yet neuertheles reserueth vnto hym by hys dede a certaine rent what maner rent this shal be called I answer if there be in the dede indented any clause of distresse put that is that if the rent be behind vnpayed it shal be lawful for the feffoure to entre and to distreyne it is called a rente charge forasmoche as the lande is charged therwyth but howe of common right no but only by vertue and force of the wrytynge But on the other syde if there be no suche clause of distresse put in the indenture thaÌ„ the rent so reserued shal be called a rent secke Likewyse if a man that is seised of certaine landes wyll graunte eyther by indeÌ„ture or by his dede polle that is to saye single and not indented a yearly rent out of the same landes to an other whether it be in fe simple fe tayle for terme of lyfe for yeares or at wyll wyth clause of distresse then this rent is called a rente charge and he to whom suche rente is graunted may for defaulte of payment therof entre and distreine But contrarely if the graunte be made wythout any such clause of distresse it is called reÌ„t secke that is to say a dry rent bicause he can not come to it in case it be denied by way of distresse in so moch that if he were neuer seysed of it he is by the course of the common lawe without remedie Otherwise it is of a rent charge for here he to whoÌ„ the graunt is made whaÌ„ the rent is behinde may chose whether he wyll sue a wrytte of annuitie againste the grauntoure or distreyne for the rent behynde and reteine the distresse tyll tyme he be paid accordingly But he caÌ„ not haue both remedies to gither but muste take him to the one for if he ones recouer by a wrytte of annuitie then is the lande discharged And if he sewe not his writte of annuitie but distrayne for the arreragies and the tenauâ—te seweth a â—epleuin wherupon yâ— other auoweth the taking of the distresse in court of recorde then is the land charged and the person of the grauntour discharged of the action of annuitie Ye shal also vnderstand that if a maÌ„ wyll that an other shall haue a rent charge coÌ„myng out of his lande and yet wyll not that his person shuld be by any meanes charged by wrytte of aÌ„nuitie he may thaÌ„ haue such clause in the ende of his dede Prouiso ê™ praesens scriptum nec quicquam in eo conteÌ„tum ullo pacto se extendat ad oneraÌ„dam personam meam per breue seu actionem de annuitate sed tantuÌ„ modo ualeat ad onerandum terras fuÌ„dos tenementa mea de annuo redditu praedicto If thys or suche lyke clause be added then the land is charged and the person of the grauntour is discharged Also if a man wyll make a dede of graunte in this wise that if Iohn at Style be not yearly payd at the feast of Christms for terme of his life .xx. shillinges sterlyng that then it shall be lawfull for the sayd IhoÌ„ at Style to distreyne for it in the Manoure of Dale this is a good rent charge bycause the Manoure is charged with the rent by wey of distresse and yet neuerthelesse in this case the persone of him that made such dede is discharged of any action of annuitie forasmoch as he graunted not by his dede any aÌ„nuitie to the sayd Ihon at Style but onely grauÌ„ted that he might distreyne for suche yearly rent Furthermore ye shall note that if a man hath a rent charge to him and to his heires coÌ„myng out of certeyne landes and doth purchase any parcel of this land to him and to his heires in thys case the hole rente charge is qwenched and gone and the annuite also the cause is this the a rent charge can not be in suche case apporcioned Otherwise it is of a rent service for if one whiche hath a rent seruice as for exemple xx d. by yeare doth purchase parcel of the lande out of which this yearly rent of xx d. is commyng this shal not extinguish ne drowne yâ— hole rent but for that parcell only For reÌ„t seruice in suche case may very wel be apporcionate and rated according to the value of the lande Yet there be some sortes of rentes seruices which in no wyse can be apporcioned As where a tenaunt holdeth his lande of his lorde by the seruice to reÌ„dre to his lorde yearly at suche a feast an horse a ring of gold a redde rose a gylouer 〈◊〉 suche lyke if in this case the lorde doth purchase parcell of yâ— land thus of him holden this seruice is gone bicause such seruice can not be seuered ne apporcioned Also escuage is a seruice that may very well be apporcioned accordinge to the afferaunce and rate of the lande But where any lande is holden by homage and fealtie if the lorde purchaseth parcel of the land yet he shal haue hys homage and fealtie styll of his tenaunte Ye shall marke also that if a man maketh a lease of landes to an other for terme of lyfe reseruing to him certaine rent if in this case he grauÌ„teth the rent to Iohn at Style sauing to himselfe the reuersion of the said laÌ„d thys rente is but rente secke bycause Iohn at Style yâ— hath the rent hath nothing in the reuersion of the land But if he graunteth the reuersion of the lande to Iohn at Noke for terme of lyfe and the tenaunt atturneth accordingly then hath Iohn at Noke the rente as rente seruice bycause he hath yâ— reuersion for terme of his life Lykewise it is if a man giueth laÌ„des or tenementes in taile reseruing to him to his heires certaine rente or maketh a lease of the land for terme of life reseruinge certayne rent if he graunteth the reuersion to an other and the tenaunt atturneth accordingly the hole rent and seruice shal passe by this worde reuersion bicause the rent and seruice in suche case be incident to the reuersion and do passe by the graunt of the reuersion But if he had graunted the rent only the reuersion had not passed ¶ What remedy a man hath to recouer his rent when it is behynde I Shewed you before that for a reÌ„t seruice if it be behynde ye may distrayne in the grounde euen of common ryght thoughe there be no suche clause of distresse meÌ„cioned in yâ— dede of feoffement grauÌ„t or lease Also for a rente charge ye maye distreyne or bryng your wryt of annuitie at your choise and election as before is declared But of a rent secke if ye were neuer seised of
vnder the value of x. marke Also no Mortuarie shal be taken but onely where Mortuaries haue bene vsed to be payde and there after the forme hereafter mencioned Nor in no mo places but one that is to were there where his most abiding is and there but one Nor no persone shal take for a Mortuarie of any person being at his death of the value of x. markes aboue his dettes paid and vnder xxxli aboue .iij s iiij d And of the value of xxx li. and vnder lx lj not aboue vi s viii d And of the value of lx li. or aboue to any summe what so euer it be not aboue x. s. Prouided that no Mortuarie shal be asked nor payd for any woman couert baron or child or any person not keping house or for any wayfaring man but the mortuaries of such wayfaring men be an sweâ—able in that place where they had their most dwelling at yâ— time of their death Prouided that any such spiritual persoÌ„ may take any thing which shal be disposed or bequethed to him or to the high aulter of the church Also no thing shal be taken for Mortuaries in wales nor the marches of yâ— same nor in Calys or Berwyke or the marches of the same but only in such places of yâ— same where mortuaries haue bene accustomed to be paid and there but onely after the forme aboue specified Prouided that the byshops of Bangour Landaffe saint Dauies saint Asse the archdeken of Chester may take such mortuaries of yâ— prestê°â— within their diosices iurisdictions as heretofore haue bene accustomed Prouided also that in such places where mortuaries haue bene accustomed to be taken of lesse value none shal be compelled to paye any other mortuarie or more for any mortuarie then hath bene accustomed nor no mortuarie there shal be demaunded of any person exempt by this acte vpon payne afore lymyted ¶ An acte for the assuraunce of fermoures made aÌ„ 32. Hen. 8. AL leases heereafter to be made of any manours laÌ„des tenementes or other hereditamentes by wryting inâ—cted vnder seale for terme of yeres or for terme of life by any persons being of ful age of one and twenty yers hauyng any state of inheritaÌ„ce either in 〈◊〉 simple or in fee tayl in their own right or in the right of their churches or wyâ—es or ioyntly with their wiues of any estate of inheritaÌ„ce made before yâ— câ—uerture or after shal be good effectual in the law agaynst yâ— lessours their wyues hâ—yres and successours according to such estate as is comprised in euery such indenâ—iâ—ee of lease Prouided that this acte shal not extende to any leases to be made of any laÌ„des tenemeÌ„tes or hereditameÌ„tes being in the handes of any fermoâ—t by vertue of any olde lease onles the same olde lease be expired futrendâ—ed or ended within one yeare nexte after the making of the sayd new lease nor yet shal extende to any graunt to be made of any reuertion of any landes tenementes or hereditamentes nor to any lease of any such landes tenementes or hereditamentes as haue not most commonly bene letten to ferme or occupied by the fermours therof by the space of .xx. years nexte before such lease therof made nor to any lese to be made without impeachment of waste nor to any lease to be made aboue the numbre of xxi yeares or thre liues at the most from the day of making therof And that vpon euery such lease there be reserued yearly during the same lease dewe payable to the lessours their heires and successours to whom the same landes shuld haue come after the dethes of the lessours if no such lease had bene therof made and to whom the reuersion therof shal perteine according to their estates interestes so moch yerly rent or more as hath bene most accustomably yelden for the same within .xx. yeres next before such leases therof made that euery person to whome the reuersion therof shal perteine after the deathes of such lessours or their heires shal haue such lyke remedy and auantage to al ententes and purposes against the fermours therof their executours and assignes as the same lessour shuld or myght haue had Prouided also that yâ— wyfe be made partie to euery such lease as shall be made by her husbande of any landes being the inheritance of the wife and that euery such lease be made by indenture in the name of the husbande his wife and she to seale yâ— to same And that the rent be reserued to the husbande and to the wife and to the heires of yâ— wife accordiÌ„g to her estatâ— of inheritance in the same And that the husbande shall in no wise aliene discharge grauÌ„t or giue awey yâ— same reÌ„t reserued nor any parte therof longer then during the couerture without it be by fyne leuyed by the sayde husband and wyfe Prouided furthermore that this acte extende not to giue any lybertie or power to any persons to take any mo fermes leases or takings of any manours laÌ„des tenementes or other hereditamentes than they myghte lawfully haue done before yâ— making of this acte nor yet extende to giue any libertie or power to any person or vicar of any church or vicarage for to make any lease or graunt of any their messuages landes tenementes tithes profytes or hereditameÌ„tes belonging to their churches or vicaragies otherwise than they myght haue done before the making of this acte ⧠An acte that fermoures shall take auantage of condicions and couenantes against grauÌ„tees of reuersions aÌ„ 32. Hen 8. AL fermours and grauntees of lordships landes rentes personages tithes portioÌ„s or any other hereditamentes for terme of yeares life or liues their executours administratours and assignes shal haue like action and remedy against all persons and bodyes polytike their heires successours and assignes whiche haue or shall haue any gift or graunte of the king or of any other person of the reuersion of the same lordships landes tenementes and other hereditameÌ„tes so letten or any parcel therof for any condicion couenant or agrement conteyned in the indentures of their lease as they might haue had against their sayd lessours and grauntours their heires or successours al benefytes aduantagies of recouries in value by reason of any warranty in dede or in law by voucher or otherwise onely excepted Prouided that this acte shall not extende to hinder or charge any person for the breche of any couenant or condition comprised in any such writing as is aforesayd but for such couenantes and condicions as shall be broken or not perfourmed after the fyrst day of Septembre in the .xxxii. yeare of this king and not before ⧠Of falsifieng of recoueries by fermers inacted aÌ„ 21. Hen. 8. All fermers or lessees for terme of yeares may herafter falsefie for their terme onely recouerees had by fayned titles aswell as a tenaunt of frehold might at the comen law And the same fermers or termers their executours and assignes shal enioy their
of his children and payment of his dettes or otherwise at his pleasure Sauing to the King aswel the wardship and primer season of as moch as shal amouÌ„t to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise And euery person hauing laÌ„des or truementes of estate of inheritaunce holden of the king in chief by knightê seruice other landes holden of him or of any other by knightes seruice or otherwise shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of the same in thre partes to be diuided or elles as moch therof as shal extende to yâ— yearly value of two partes of the same in three partes to be diuided in certainty Sauing to the king yâ— wardship primer season of as moch thereof as shall amounte to the yerely value of the third part wtout diminution dower couein charge or subtractioÌ„ of the same or of the ful profittes therof Sauing also al fines for alienations as is abouesayde Item euery person holding landê or other hereditamentes onely of any other than of yâ— King by knightes seruice and other landes and tenemeÌ„tes in socage or of the nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutioÌ„ dower fraud c And euery person holdinge onely of the King by knightes seruice but not in chief or holdiÌ„g of yâ— king by knightes seruice and not in chiefe and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of yâ— nature of socage tenure may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice two partê of the hereditamentes holden of any other persoÌ„ by knightes seruice or as moch of either of them as shal amouÌ„t to the ful yearly value of two partes and also al his landes and tenemeÌ„tes so holdeÌ„ in socage or of the nature of socage tenure Sauing as wel to the king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution c. As also to the lordes of whom any of the said landes or other hereditameÌ„tes bene holden by knightes seruice for wardshyp as moche of the same so holdeÌ„ of them by that seruice as shal amount to the clere yerly value of the thirde parte in maner aboue declared Prouided that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii part of all the sayde hereditamentes whereof the king shal be intitled to haue the custody or primer season than the kinge maye take into his handes as moch of thother two partes of the sayd hereditameÌ„tes as with that of the same hereditameÌ„tes remayning in his haÌ„des shal make vp the clere yearly value of the thirde parte of the said laÌ„des and tenementes so to be had to him in title of wardship and primer seasoÌ„ And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concerniÌ„g only his third part for title of wardship Also al persons shal sue their lyueries for possessions reuersions or remaynders and also pay reliefes and heriettes like as they shuld haue done before yâ— making herof And fines for alienatioÌ„s shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fiâ—e or feoffement Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde none other fine shal be payd in the same court for any such writtes Item where two or more persons holde of the king by knightes seruice ioyntly to them to the heires of one of them and he that hath the inheritaunce therof dyeth his heire beinge wtin age the king shal haue yâ— warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding Sauing to al women such right title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of yâ— two partes of the said landes or tenementes seuered froÌ„ the thirde parte as is abouesaide and not otherwise And sauing also to the king the reuersions of al such tenaÌ„tes in ioyntenure and dower immediatly after the death of such tenantes if they shal happen to die during yâ— none age of the kinges wardes ⧠Of mariagies inacted aÌ„ 32. Hen. 8. IT is inacted that from the first day of Iuly in the yeare of our Lorde a M.D. and XL. al mariages within this churche of Englande contracted betwene lawful persoÌ„s as by this act we declare al persoÌ„s to be lauful that be not prohibited by gods law to mary such mariages being contract and solemnised in the face of the church consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene yâ— parties so maryed shal be demed taken to be laufull good indissoluble not withstaÌ„dyng any precontract of matrimony not coÌ„suÌ„mate with bodily knowlege whiche either of yâ— persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consuÌ„mate or wherof such frute is ensued or may ensue as afore and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise And that no reseruation or prohibition godes lawe excepte shal trouble or impeache any mariage without leuiticall degrees And that no person shal after the said fyrst day of Iuly aforesaid be admitted in any of the spirituall courtes with in this the kinges realme or any hys other landes and dominions to any processe plee or allegation contrary to this acte FINIS EX AEDIBVS RICHARDI TAVERNERI PER RICHARDVM BANKES TYPOGRAPHVM CuÌ„ priuilegio ad imprimendum solum