vntyll at the last and that chiefely in the time of Kinge Henry the first by agréement the reseruation of victuals was turned into redy mony so hitherto hath coÌ„tinued amonge most men Fee farme FEe farme is when a tenaunt holdeth of his lorde in fee simple payinge to him the value of halfe or of the third or of the fowerth part or of other part of the lande by the yere And he that holdeth by fée ferme ought to doe noe other thinge then is conteyned in the feoffement but onely fealtie for that belongeth to al kinde of tenures Feoffement FEoffement is where a maÌ„ geueth lands to an other in fee simple and deliuereth seiuÌ„n and possession orthe land that is a feffement Feoffor et feffee FEoffor is hée that infeffeth or maketh a feoffement to an other of landes or tenements in fée simple And feoffee is he who is infeffed or to whoÌ„ y â— feffement is so made Fireboote FIreboote is necessarye woode to burne which by the common lawe lessâ—e for yeares or for lyfe may take in hys grounde although it be not expressed in his leaseâ— and although it be a leas by woorde onely without writinge But yâ— sake more then is néedefull he shalbée punished in wast Fledwite FLedwite that is to be quite from amercements when an outlawed fugitiue coÌ„meth to the kinges peace of hys owne will or beinge licenced Flemeswite FLemeswit that is y â— you may haue the cattel or amercementes of your man or fugitiue Fletwie Fletwit or Flitwit that is to bée quit froÌ„ contention and conuiets and that you may haue plea therof in your court the amercements for Flit in english is Tensone in french Forstal FOrstal that is to bée quite of amercemeÌ„ts cattelles arrested w tin your lande the amercements therof coÌ„ming Forstaller FOrstaller is hée that buieth Corne Cattel or other marchaundize whatsoeuer is salable by the way as it commeth to markets faires or such like places to bée sold to the intent that he may sel the same againe at a more high and déere price in preiudice hurt of the common welth people c. The paine for such as are conuict thereof c. is the first time amercemeÌ„t and losse of y e thing so bought the secoÌ„d time iudgment of the pillory The third tyme imprysonment and RauÌ„some The fowerth time abiuratioÌ„ of the towne c. Franches Royall FRanches Royall is wher y e Quéene graÌ„ts to one and to his heires that they shal be quit of Tolle or such like Free mariage FRée mariage is when a man seised of landes in fee simple giueth it to an other man to hys wife whoe is daughter Sister or otherwyse of kinne to y e donor in frée mariage by vertue of which words they haue an estate in special tayle and shal hold the land of the bonor quit of al maner of seruices vntill the fowerth degree bée past accomptynge themselues in the first degree except fealtie which they shal doe because it is incident to all tenures sauinge frée almes And such gift may bée made as wel after mariage solemnized as before And a man may gyue landes to his sonne in frée mariage as well as to hys daughter by the opinion of master Fitzh in hys writ of Champertie H. But it appeareth otherwise in master Litt ' and in M. Brooke ti FraÌ„kmariage P. 10. And so it was holden cléere in Graies Inne in leÌ„t An â–ª 1576. 18. El. by y e right worshipful master Rhodes then Reader there Freeholde FRéehold is an estate y t a man hath in landes or tenements or profit to bée taken in fée simple taile for terme of hys owne life or for terme of an others life And vnder that there is no frée hold for hée that hath estate for yeares or holdeth at wil hath no frée hold but they are called Chattels And of fréeholds there are ii sorts that is to say fréeholde in deede fréehold in lawe Fréehold in déede is wheÌ„ a man hath entred into lands or tenemeÌ„tes and is seysed therof really actually in déede as if the father seysed of lands or tenementes in fée simple dieth and his sonne entreth into the same as heire to his father then he hath a fréehold in déed by his entry Fréehold in lawe is wheÌ„ lands or tenemeÌ„ts are disceÌ„ded to a maÌ„ he may enter into them when he will but hath not yet made his entry in deede as in the case aforesayd if the father being seysed of lands in fée simple die seysed they disceÌ„d to his sonne but y e sonne hath not yet entred into them in déede nowe before his entrie he hath a frehold in law Freshsuit FReshsuit is wheÌ„ a maÌ„ is robbed the party so robbed followeth the felon immediatly taketh him with the manner or otherwise and then bringeth an appeale against him and doth coÌ„uince him of the felony by verdict whych thing being inquired of for the Quéene and found the party robbed shall haue restitution of his goodes agame Also it may be sayd y â— the party made freshsute although he take not the theese presently but that it be halfe a yeare or a yeare after the robbery don before he bee taken ifso bée that the partie robbed do what lyeth in him by diligent inquire search to take him yea although hée bée taken by some other body yet this shalbée sayde good freshsuit And so freshsuit is wheÌ„ the lord coÌ„meth to dystreine for rent or seruice the owner of y â— beastes doth make rescous and driueth them into other ground that is not holden of the Lord and the lord followeth presently and taketh them thys called fresh suit and so in other like cases Gager of deliuerance GAger of deliueraunce is where one sueth a repleuin of goods taken but hée hath not deliuery of the goodes and the other auoweth and the plaintife sheweth y â— the def is yet seysed c. and prayeth that the def shal gage the deliueraunce then he shal put in suerty or pledges for the deliuerance a writ shal go foorth to the sherife for to redeliuer the goods c. but if a man claime propertie hée shal not gage the deliuerance Also if he say that the beasts bée dead in the pound hée shall not gage c. Also a man shal neuer gage the deliueraunce before that they be at issue or demurrer in the lawe Warde WArde is when an infant whose auncester helde by knights seruice is in the warde or keepinge of the Lorde of whom those lands were holden And if the tenaunt holde of dyurrs Lordes diuers landes the lorde of whome the land is holden by prioritie that is to saye by the more elder tenure shall haue the wardshippe of the infant but if one tenure bée as olde as the other then hée that first happeth to haue y â— warde of the bodie shall kéepe it but in that case euery lord shal
lawe because that in the eye and consideration of the lawe hée is demed to be in possession for asmuch as hée is tenant to euery mans action that will sue concerning y e same lands or tenementes Preamble PReamble taketh hys name of the preposition Pre before and the verbe Ambulo to goe see ioyned together they make a compound verbe of the first coniugatyon Preambulo to go before and hâ—â—â—of the first part or beeginning of an act is called y â— preamble of the act which preamble is a key to open the minds of the makers of the act and y e mischiefes that they in tende to remedy by the same as for example the statute made at West â–ª minster the first the 37. chapter which giueth an attaint the preamble of which is thus For as much as certain people of y e realme dout very little to giue false verdictes or othes which they ought not to do wherby many people are disherited and lose their right it is prouided c. Prescription PRescription is when one hath had or vsed any thinge sith the time whereof no minde is to to the contrary Presentment PResentment is when a manne which hath ryght to géeue a benefice spiritual nameth the personne to whome hée will geue it and maketh a writing to the Bishop for him that is a presentation or presentmeÌ„t Pretensedright or Title PRetensed right or title is where one is in possession of landes or tenements and an other who is out of possession claimeth it or sueth for it Nowe the pretensed right or title is said in him who soe doth sue or clayme And if he afterward come to y e possessioÌ„ of the same laÌ„ds or tenements his right or title is extinâ—t or suspendedin the lande Priuie or priuite and Pris uies PRiuie or priuite is where a lease is made to hold at wil for yeres for life or a feoffement in fée and in diuers other cases nowe béecause of this that hath passed betwéene these partyes they are called priuies in respect of straungers betwéene whom noe such dealinges or conueyances hath ben Also if there be Lorde and tenaunt and the tenaunt holdeth of y e lorde by certein seruice there is a priuitie betwene theÌ„ because of the tenure and if the tenaunt be disseysed by a straunger there is no priuitie béetwéene the dissâ—â—our and y â— lord but the priuitie styll remaineth béetwéene the Lord and the tenant thâ—t is disseysed and the Lord shall auowe vpon him for that he is his tenant in right and in the iudgment of the lawe Priuies are in diuers sortes as namely priuies in estate priuies in déede priuies in lawe priuies in right and priuies in bloode Priuies in estate is where a lease is made of the manner of dale to A. for lyfe the remâ—ynder to B. in see there both A. and B. are priuies in estate for their estates were both made at one time And soe is it in the first case heare where a lease is made at wil for life or yeres or a feoffement in fée y â— lessées or feoffées are called priuies in estate so are their heires c. Priuyes in déede is where a lease is made for lyfe and afterwarde by an other déede the reuersion is graunted to a straunger in fée thys grauntee of the reuersion is called pryuie in déede béecause that hée hathe the reuersyon by deede Priuie in lawâ—is where there is Lorde and tenaunt the tenaunt lesseth the tenauncye for lyfe and dyeth without heire and the reuersion escheates to the lord hée is said priuie in lawe béecause that hée hath his estate onely by she lawe that is to saye by escheat Priuie in ryght is where one possessed of a terme for yeres graunts his estate to an other vppon coÌ„dition maketh his executours and dieth nowe these executors are priuies in right for if the condityon bee broken and they enter into the lande they shall haue it in the right of their testatour and to his vse priuie of blade is the heire of y â— feoffour or donor c. Alsoe if a fine be leuied the heires of him y t leuied the fine are called priuies Priuiledges PRiuiledges are lyberties and Fraunchises graunted to an offyce place Towne or manner by the Quéenes great Charter letters patentes or act of parliament As Tolle sake Socke Infangtheefe vtfangethéefe turne tolle oredelfe and diuers such like for which looke in their proper titles and places Next frende NExt frend and warden in Socage is all one and is where a maÌ„ seysed of landes holden in Socage dieth hys issue within age of 14. yeares then the next frind or next of kinne to whom the lands cannot come or discende shall haue the keepinge of the heire and of the land to the only vse of the heire vntil he come to the age of 14. yeares and then at that yeares hée may enter and put him out and bringe hym to accompt but in that accompt hée shalbée allowed for all reasonable costes and expences beestowed either vppon the heire or his land And the next frind or next of kynne to whom the inheritaunce cannot discend is thus to be vnderstoode if the landes discend to the heire from his father or any of the kyn of his fathers side theÌ„ the mother or other of the mothers side are called the next of kynne to whom the inheritaÌ„ce cannot dyscende for beefore that it shal so dyscende it shall rather escheat to the Lorde of whom it is holden and so it is to be vnderstoode where the landes come to the heire from hys mother or any of y e kyn of his mothers side TheÌ„ the father or other of the fathers side are called the next of kin to whom the inheritaunce cannot discende but shal rather escheat to the Lorde of whom it is holden Protestation Protestation is a sauinge to the partie that so pleadeth by protestation to bée concluded by any matter alledged or obiected agaiÌ„st him vpoÌ„ which he caÌ„not ioin issu And is no other thing but an exclusion of the conclusion for hée that taketh the protestation excludes the other party to conclude hym And thys protestatyon ought to stand with the sequele of the plea and not to bée repugnant or otherwise contrary Purchase PUrchase is the possess that a manne hath in landes or tenements by his owne act meanes or agréement and not by title of â—iscent from any of his auncestours Quarentine QUarentine is where a man dieth seysed of a maner place and other lands whereof his wyfe ought to bée endowed then the woman shall hold the manner place xl dayes within which time her dower shalbée assigned But if shée marie w tin the 40. daies shée shall loose her quarentine Fifteene FIftéene is a payment graunted in parliameÌ„t to the Quéene by the Temporaltie namely the 15. part of their goods And was vsed in auncient tyme to bée leuied vppon their Cattayle goynge in their groundes which thynge was
curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a soÌ„ne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this laÌ„d for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y â— person of him of whom he holdeth And for that this tenaÌ„t may not alieÌ„ iÌ„ fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel iÌ„ effect for no action is mayntenable against y â— termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y â— if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y â— lessee to haue more loÌ„g time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the saÌ„e estate in the lands that the lessour did him graunt at y â— â—eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womaÌ„ shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y â— day assigned then y â— woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimeÌ„t y â— donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y â— yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward coÌ„trary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in auncieÌ„t tenure is that where the people in auncieÌ„t demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge theÌ„ wheÌ„ their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y â— base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is coÌ„teined in the feffemeÌ„t and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the coÌ„mon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The
definitiō of villenage is villein of bloude and of tenure And it is he of whome the Lord taketh redemptyon to mary his daughter to make him frée it is hée whom the lord may put out of his lāds and tenements at his wil alsoe of al his goods and cattel And note wel y t a sokmā is no pure villeine nor a villeine oweth not ward mariage nor reliefe nor to do any other seruices real And note wel that the tenure in vyllenage shall make noe frée man villeine if it be not continued sith tyme oute of mynde nor vyllayn land shal make no frée manne villeine nor frée lande shall make noe villeine frée except that the tenāt haue contynued frée sith the tyme of noe minde but a villeine shal make frée land villein by seysin or claime of y e lord And note wel that if a villain purchase certaine land take a wife alien and dieth before the claime or seysin of y e lord y e wife shalbée endowed And note wel y t in case that the lord bring a Precipe quod reddat against the alien the which voncheth to warraunt the issue of the villaine which is villeine to the Lorde hée shal haue the voucher by protestation y e Lorde may say that notwithstandinge that hee plede with his villeine yet his villeine shall not bée enfraunchised And note well that a bastarde shall neuer bee iudged bylleyne but by knowledge in court of recorde And note well that if det be due by a Lord to a free man and he maketh two men his executours the which bée villeynes to the sayed Lorde and dyeth the villeines shall haue an actyon of dette agaynst their Lorde notwythstandinge that he plede with them And if he make protestation they shall not bée for so much enfraunchised for that that they be to recouer the dette aforesaid to the vse of an other person that is to say to the vse of their testatour and not to their owne vse And if the tenāt in dower haue a villeine which purchaseth certaine land in fee and after the tenaunt in dower entreth shée shal haue the land to her to her heires for euer more the same lawe is of tenaunt for terme of yeres of a villein And note wel that the Lorde may roble his villain bete and chastice at his wil saue onely that he may not maime him for then he shal haue appell of mayme agaynste him ¶ And note well that a villaine may haue iij. actions against his lorde y t is to say appel of death of his aunce stour appel of rape don to his wife appel of maime And note well if two parceners bring a writ of Nyefe one of thē be nonsute the nonsuite of hym shalbée iudged y t consuit of them both soe that if the non-suite be after apparance they shalbée put oute from that actiō for euer for the lawe is such in fauour of liberty And note well if two haue a vylleine in comen one of them make to him a manumission he shal not be made frée against both And note wel that in a writ de Natiuo habendo it behoueth that the lorde shewe howe hee cōmeth priuy of the bloode of the villeine of whome hée is Lorde c. And if hée nor none of hys auncestours were not seysed of none of hys blood he shall not wynne by his action if y ◠villein haue not knowledged in court of record him selfe to bée his villein And note wel that in a writ of Niefe may not be put more niefes then ij this was first brought in in y ◠hatred of bondage But in a writ de Libertate probanda may bée put as manye nyefes as the plaintife will ¶ And note well that if the vylleyne of a Lorde bée in auncien demesne of y e king or other towne priuileged within a yere and a day the lorde may seise him and if he dwel in the same towne or other place fraunchised by a yere and a daye without seisin of the Lord he hath noe power to seyse him after if hée goe not in estraie out of the foresaid fraunches Taile ¶ To hold in the taile is where a man holdeth certaine lāds or tenements to him and to his heires of hys body béegotten And note wel that if y ◠land be géeuen to a man and to his heires males and hée hath issue male hee hath fée simple and that was adiudged in y e parliament of our Lord the kynge But where landes or tenementes bée géeuen to a man and to his heirs males of his body begotten then hée hath fée tayle and the issue female shal not bée enheritable as it appereth the xiiii yere of Edward the third in assise Taile apres possibilitie ¶ To hold in the taile after possibilitie of issue extinct is where lād is geuē to a mā to his wife to the heires of their ii bodyes ingendred and one of them ouerlyueth the other wythout issue betwéene them béegotten hée shall holde the lande for terme of hys owne life as tenaunt in the taile after possibilitie of issue extinct And not withstanding that he do wast he shal neuer be impeched of that wast And note that if hée alien hée in the reuersion shal not haue a writte of entre in consimili casu But hée may enter and hys entre is lawfull per Robertum Thorpe chiefe Justice Frankmariage ¶ To holde in frankemariage is to holde in the seconde tayle lymit in the statute of Westminster seconde cap. 1. And the feoffour shal acquite y ◠feoffée of al maner of seruices vnto y e 5. degrée be past and y e feffour shal do all the seruice and suites duringe y e sayde terme And after the heires of the feoffée shall doe it for that that the priuitie of bloud is past And if hée bée distrained for seruyce hée shal haue a writ of Mesne agaīst him supposing that he held the lands of him but he shal not haue the foreiudgement if it be not in aduauntage of his issues And note well that after the fowerth degrée be past he shall bee attendaunt of as much seruice to the donour as the donour is attendant to the Lord paramount And if hée do felony for which he is attaint the king shal haue his lands for terme of his life naturall And after hys death hys issue shal inheryte as by force of the tayle And in this case none shall haue hys lands by way of eschete no more then in any other taile And in case that the tenant die without heire of hys body begotten the lande shall reuert to the donour as it shoulde in the common tayle And if a manne let his land to another in franke mariage yeldynge to hym a certayne rent by yeare hée shall hold this land in the common tayle and not in frankemariage for by the rent reserued these woordes
An exposition of certaine difficult and obscure words and termes of the lawes of this Realme newly set foorth and augmented both in french and English for the helpe of such younge students as are desirous to attaine the knowledge of y e same whereunto are also added the olde Tenures ¶ In aedibus Richardi Tottelli 1579. ¶ Cum priuilegio Le Table ABatement de brief on plaint fol. 1 AbatemeÌ„t en terres 1 Abbe 2 Abbettours 2 Abeyance 2 Abishersing 4 Abiuration 4 Abridgement de plaint on demaund 5 Acceptance 5 Accessories 6 Accion 7 Actions personals 7 Actions populer 7 Actions reals 8 Accord 8 Acquital 8 Acquitance 9 Additions 10 Adiournement 11 Administratour 11 Actes 11 Admirall 12 Aduowson 12 Age prier 12 Agreement 13 Aide 16 Alien 17 Alienation 17 Ambidexter 17 Amendement 18 Amercement 18 Amercement royal 18 An iour et wast 18 Annuitie 19 Appell 19 Appellant 20 Appellor 20 Appendant et appurtenant 20 Apportionment 20 Appropriations 22 Approuement 23 Arditerment 23 Arrest 23 Arrerages 24 Assets 24 Assignee 25 Attainder 26 Auerment 26 Auerpenie 26 Auncien demesne 26 Auowry 27 B ¶ Bayle 27 Baylement 28 Baylife 28 Bakberind theefe 28 Bargaine et sale 29 Barre 29 Bastarde 30 Battaile 31 Bigamy 31 Blodewit 32 Boote 32 Brodehalpeny 33 Brugbote 33 Burghbote 33 Burghbrech 33 Burgh English 33 Burglary 34 C ¶ Carâ—age 34 Cession 34 Challenge 35 Champertourâ— 36 Charge 36 Charters de terres 36 Chattels 37 Childwite 37 Chimni 37 Chose en action 37 Circuit de action 38 Claime 39 Clergie 39 Clerke attaynt et Clerke conuict 41 Colour 41 Colour de office 43 Coilusion 43 Common lcy 43 Common 45 Condition 46 Conâ—iscate biens 48 Contract 48 Conusance 49 Corody 50 Coroner 51 Corporation 52 Corps politike 53 Corruption de sangue 53 Couenant 54 Couerture 54 Couin 54 Counterplea 54 Cinque ports 55 D ¶ Damage fefants 60 Danegelde 61 Dcane et chapter 61 Declaration 61 Defendaunt 62 Demaines 62 Demaundant 62 Demy sanke ou sangue 62 Demurrer 63 Denizen 63 Deodande 64 Departure de son plea ou matter 64 Departure in despite del court 64 Deputie 64 Deuastauerunt bona testatoris 65 Deuise 66 Discent 70 Disclaimer 70 Dismes 70 Disperagement 71 Disseisin 72 Disseysin sur disscisin 72 Dissâ—ysour et disseisee 72 Distrcsse 72 Diuorce 75 Donour et donee 55 Double plee 75 Droit 76 Droit dentrie 76 Dures 76 E. ¶ Eire Justices 77 Embrasour ou Embraceour 77 Encrochment 77 Enheritance 78 Equitie 78 Escape 80 Esplces 81 Essoine 81 Estoppel 82 Estraungers 84 Estraye 84 ExcoÌ„mengement 84 Exchange 85 Execution 86 Executour 87 Extinguishment 87 Extortion 88 F. ¶ Failer de recorde 89 Fait 89 Farme on farme 95 Fee farme 96 Feoffement 96 Feffour et feffee 96 Firâ—bote 96 Fledwite 97 Flemeswite 97 Fletwite 97 Forstal 97 Forstaller 97 Fraunches roial 98 Frankemariage 98 Franktenement 98 Freshsuit 99 G. ¶ Gager de deliueraÌ„ce 100 Garde 101 Garden 101 Garnishment 102 Gauelate 103 Gauelkinde 104 Gelde 135 Grithbrech 135 H. ¶ Hangwite 135 Hariot 136 Haybote oâ— hedgebote 136 Hidage 137 Hotchpot 137 Homesoken 138 Homicide ou manslaughter 138 Hornegeld 139. Housebote 139 Hundred 139 Hundredum 140 I. ¶ Ideot 140 Illoyal assembly 141 Imparlance 141 Imprisonment 142 Insangetheâ—e 142 Information 142 Jointure 142 L. ¶ Larcâ—ny 144 Lastage 144 Lessor et lessee 144 Leuant et couchant 145 Ley gager 145 Liâ—ery de seisin 145 Lotherâ—it 148 M. ¶ Mahim 148 Mainprise 149 Manour 149 Maâ—â—ission 150 Maâ—imes 250 Maynoâ—r 151 Misprision 151 Monstrans de faits on records 152 Mortgage on morgag 153 Moâ—tâ—aine 154 Mulier 154 Murder 155 N. ¶ Negatiua preignans 155 Niefe 157 Nihil dicit 158 Nomination 158 Nonability 158 Nâ—de contraâ—t 158 O. ¶ Orâ—dâ—lfe 159 Oâ—â—faâ—gthiefe 159 Oweltie 159 Oyer de records et faits 160 P. ¶ Pape 160 Particion 161 Parties 163 Patron 163 Perquisities 163 Pleiâ—tife 164 Pledinge 164 Pound 164 Possession 165 Preamble 165 Prescription 166 Presentment 166 Pretensed drÌ„t ou title 166 Priuie ou priuitie et priuies 167 Priuiledges 168 Prochen amy 169 Protestation 170 Purchase 170 Q. ¶ Quarentine 170 Quinzim 171 R. ¶ Regratour 171 Reioynder 172 Reliefe 172 Remainder 174 Replication 175 Reprises 175 Resceit 175 Reseruation 175 Retraxit 176 Reue 176 Reuersion 177 Riot 178 Robberie 178 Rout 178 S. Sake 179 Scot 179 Shewinge 179 Socke 179 Sokemans 179 Spolâ—ation 281 Stallage 183 Suit couenant 183 Suit custome 183 Suit real 183 Suit seruice 184 T. ¶ Taxe et Tallage 184 Tenure in capitie 184 Testament 185 Them 186 Thesehoote 186 Title 186 Title de entrie 187 Tolle ou tolne 187 Tourne del viscont 189 Treasure troue 189 U. ¶ Uâ—â—we 190 Uiscount 190 Uoucher 19â— Uses 19â— Usurie 193 Utlagaries 194 W. Waise 194 Waiue 196 Waâ—wite 196 Wrecke 197 FINIS La table del Tenures SEruice de chiâ—aler 198 2 GrauÌ„d serieanty 198 3 Petit serieantie 198 4 Estâ—â—ge 199 5 Homage auncestrel 199 6 Curtesy Dengleâ— 200 7 Fee simple 200 8 Franke tenure 201 9 Dower 201 10 Terme dans 201 11 Mortgage 201 12 Burgage 203 13 Socage 203 14 Fee ferme 205 15 Franke fee 205 16 Base fee 205 17 Uillenage 205 18 Tayle 208 19 Taile apres possibility dissâ—e extinct 208 20 Fanke mariage 211 21 Franke almoigne 212 22 Elegit 213 23 Statut merchant 216 24 Rent seruice 218 25 Rent charge 219 26 Rent secke 221 27 Suit seruice 224 FINIS Termes of the lawe ¶ Abatement of a writte or plaint ABatement of a writ or plaint is when an action is brought by writte or plaint wherein is lacke of sufficient good matter or els the matter alleaged is not certeinely set downe or if the plaintife or defendant or place are misnamed or if there appeare variance betwéene the writ and the specialtie or record or that the writ or the declaration be vncerteine or for death of the playntife or defendant and for diuers other like causes which I omit of purpose for thereof alone a man might make a large discourse I determine to satisfy you â–ª good brother Nicholas as wel as I may with as muche â—reuitie as litle trouble to my selfe as I can then vppon those defaultes the defendant may pray that the writ or plaint may abate that is to say that y â— plaintifes suit against him may cease for that tyme and that he shall beginne agayne his suite and bring a newe writte or plaint if he be so disposed to doe Abatement in Lands ABatement in landes or tenementes is wheÌ„ a man dieth seised of landÊ’ or tenementes a stranger that is to saye one that hath no right entreth into the same landes or tenementes before the heire maketh his entrie this entrie of the straunger is called an abatement and he an abator But if y â— heire eÌ„ter first after the death of his auncestour and the straunger enter vppon the possession of the heire this Entry of the straunger is a disseisin to
dyd nothinge for it by meanes whereof hospitalyty decaied in the place where it ought to haue beÌ„ chefelye mayntained namelye in the parishe where the benefice was and where the profites dyd growe so it continueth to this day to y â— great hinderance of lerninge y â— empouerishmeÌ„t of y â— ministery y â— infamy of y â— gospel professor therof Approouement APprouemeÌ„t is wher a man hath common in the lords wast grouÌ„d and the Lorde encloseth part of the wast for himselfe leapinge neuer the lesse sufficient comon w t egresse regresse for the coÌ„moners This enclosinge is called approouement Arbiterment ARbiterment is an awarde determination or iudgement which one or moe maketh at the request of ij parties at the least for vpoÌ„ some det trespas or other controuersie had betwéene the sayed parties And this is called in latin Arbitratus and arbitrium and they that make y e award or arbiterment are called Arbitri in english Arbitrators Arest ARest is when one is taken and resirayned from his libertye none shal be arrested for debt trespas detinue or other cause of action but by vertue of precepte or coÌ„maundemeÌ„t out of some court But for treason felony or breaking of the peace euery maÌ„ hath aucthority to arest without warrant or precept and wher one shal be arrested for felony it behooueth y â— there hath bene some felony done and that he be suspected of y e same felonye or otherwise hée may haue against hym that soe did arest him a writte of false imprisonment Arrerages ARrerages are duities behinde vnpayed after the dayes and tymes in which they were due and ought to haue ben payed whether they be reÌ„t of a maner orany other thing reserued Assets ASsets is in ij sortes the one called Assets per discent the other Assets enter maynes Assets per discent is where a man is bound in an obligation and dieth seised of laÌ„ds in fée simple which discend to his heire but maketh no executors or if he make executors leaueth not sufficient goods to discharge this obligation theÌ„ this land shal be called assets that is to say enough or sufficient to pay the same det and by that meanes the heire shal bee charged as farre as the lande soe to hym dyscended wyll stretch But if he haue aliened before the obligation be put in suite hée is discharged Also when a man seysed of laÌ„ds in taile or in y e right of his wife alieneth the same witt warrantie and hath in value as much land in fée simple which discendeth to hys heire who is also heire in taile or heire to y e woman Nowe if the heire after the discease of his auncestour bring a writ of formedon or sur Cui in vita for the lande so aliened then hée shalbée barred by reason of the warranty y e land so disceÌ„ded which is as much in value as that that was sold so thereby hée hath receiued noe preiudice therefore this land is called Assets per disceÌ„t Assets ent ' mains is wheÌ„ a man indebted as before is said maketh executors leaueth to theÌ„ sufficient to pay or some coÌ„moditie or profit is coeÌ„ to theÌ„ in right of their testator this is said asâ—â—ts iÌ„ their haÌ„ds Assignee ASsignee is he to whoÌ„ a thing is appointed or assigned to be occupyed paied or don and is alwaies such a persoÌ„ which occupieth or hath y â— thing so assigned in his owne right for him selfe And of assignées there bée ii sorts NaÌ„ely assignee in déed and assignée in law Assignée in déed is when a leas is grauÌ„ted to a maÌ„ to his assignées or with out those words assignées y â— grantee giueth grauÌ„teth or felleth the same leas to an other he is his assignée in déede Assignée in law is euery executor named by y â— testator iÌ„ his testameÌ„t as if a leas be made to a maÌ„ to his assignées as is aforesaid he maketh his executours dieth w tout assignemeÌ„t of the leas to any other nowe y e executors shal haue y e saÌ„e leas because they are his assignées in law so it is in diuers other like cases Attainder ATtainder is a coÌ„uiction of any person of a cryme or fault whereof he was not coÌ„uiet before as if a man haue coÌ„mitted felony Treason or such like therof is endited arraigned fouÌ„d giltie hath iudgment then he is said to be attainted And this may be ii ways the one vpon apparance the other vpon default The attainder vppon apparance is by confession Battaile or verdict The attainder vppon default is by processe Auerment AUerment is where a man pleadeth a plée in abatement of the writ or barre of the accion which hée sayth hée is ready to proue as the court wil award this offer to proue his plée is called an auerment Auerpeny AUerpeny that is to bée quite of diuers suÌ„mes of money for the kinges auerages Auncien demesne AUncien demesne are certein tenures holden of those mannours that were in the haÌ„ds of saint Edward the confessour and the which hée made to be written in a booke called Domes day subtitulo regis and all the lands holden of the sayd manours be auncien demesne and the tenaunts shal not be impleded out of the said manor and if they bée they may shew the matter and abate the writte but if they aunswere to the writte and iudgment be geuen then the lands become franke see for euer Also the tenauntes in auncien demesne be free of tolle for al things coÌ„cerning their sustenaÌ„ce husbandry in auncien demesne for such lands they shall not be put or impaneled vpoÌ„ any enquest But all the lands in auncieÌ„ demesne that are in the Kynges hands be franke fée and pledable at the common lawe See more after in the title Sokmanes Auowry AUowry is where one taketh a distresse for rent or other thing the other sueth a repleuin theÌ„ he y t hath takeÌ„ it shal iustify in his plee for what cause he tooke it and so auowe the taking and y t is called his auowry Baile BAile is when a man is taken or arrested for felony suspicion of felony endited of felony or any such case so that hée is restrained of his libertie And beinge by lawe baileable offreth suerty to those that haue aucthoritie to baile him which suerties are bounde for him to the Quéenes vse in a certeine suÌ„me of money or body for body y t he shall appere before the Justices of gaole deliuery at y â— next sessioÌ„ c. TheÌ„ vpon the bonds of these suerties as is aforesayd he is bailed that is to say set at libertie vntyll the day appointed for his apparance Bailement BAilement is a deliuery of things whether it be of writings goods or stuffe to an other some times to be redeliuered backe to y â— bailor y t is to say to him y t so deliuered it
somtimes to the vse of y t baily y t is to say of him to whoÌ„ it is deliuered and soÌ„etimes also it is deliuered ouer to y â— third persoÌ„ This deliuery is called a bailement Bailife BAilife is an officer that belongeth to a manour to order the husbandry hath aucthoritie to paye quitrents issuing out of y e manor fell trées repaire houses make pales hedges distreine beastes vpoÌ„ the ground diuers such like This officer is hée whom the auncient saxoÌ„s called a Réeue for the name bailife was not then knowne amonge theÌ„ but came in with the Normans is called in lattin villicus Bakeberinde theefe BAkberinde Théefe is a théefe that is takeÌ„ with the manner that is to say hauing y â— found vpon him being folowed with the hue and crie which he hath stolleÌ„ whether it be mony linen woolleÌ„ or other stufe but it is moste properly sayed when he is taken caryinge those things y â— he hath stollen in a bundel or fardel vpoÌ„ his backe Bargaine and sale BArgaine and sale is when a recompence is giuen by both the parties to the bargain As if one bargaine sel his land to an other for mony Here the lande is a recoÌ„peÌ„ce to him for the money the money is a recoÌ„pence to the other for the lande this is a good contract and bargain and fée simple passeth notwithstaÌ„dinge he doth not saie to haue and to hold the land to him and to his heires And by such a bargaine and sale landes may passe without liuery of seysin if the bargayne and sale be by déede indented sealed and enrolled eyther in the county where y â— land lieth or in one of the Quéenes courtes of Recordes at Westminster within vjmonethes next after the date of the same writing endented accordinge to y â— statute in that béehalfe made in the 27. yeare of H. 8. ca. 16. Barre BArre is when the defendant in any action pledeth a ple which is a sufficient aunswere and that distroyeth the action of the pleintife for euer Bastarde BAstarde is hée that is borne of any woman not maried so y t his father is not knowen by the order of the law therfore he is called the childe of y â— people But by the lawe spiritual if one get a child vppon a woman which child is borne out of wedloke after he mary the same woman theÌ„ such a childe shal be said mulier not bastarde But by y â— law of EnglaÌ„d it is a bastard and for y t cause wheÌ„ such special bastardy is alleaged it shal be tryed by the countrey not by the bishop But general bastardy alleaged shal be tried by y â— certificat of y e Bishop And if a woman bée greate wyth childe by her husbande who dieth and she taketh an other husband after y e childe is borne this child shalbée sayed the childe of the first husbande But if shée were priuely wyth childe at the tyme of the death of her first husbaÌ„d then it shal be said y e child of y e secoÌ„d husband but enquire farther sée y e opinioÌ„ of Thorp 21. E. 3. 39. Also if a manne take a wyfe which is greate w e chylde by an other that was not her husbande after the chylde is borne w ein the espousels then he shal be saied the childe of the husbande though it were borne but one day after y e espousels solempnised Battaile BAttayle is an auncyent trial in our lawe which the defendaunt in an appeale of felony may choose that is to say to fight with the appellant for proofe whether he bée culpable of the felony or not which combate if it fal out soe wel on y e part of the defendant that he doe vanquish the appellant hée shal goe quite and barre him of his appel for euer But if one bée indicted of felonye and an appel is brought vppon the same indictment there the defendant shal not wage battayle Battaile also may be in a writ of right Bigamy BIgamy was a counterplea deuised at the Councel of Lions vppon mislike of second mariage to be obiected wheÌ„ the prisoner demaundeth the benefit of the Clergie to wit his booke as namely to say that hee which demaundeth the priuiledge of the clergy was maried to such a woman at such a place within such a diocesse that shee is dead and that he hath since maried an other woman within the same dioces or with in some other diocesse and so is Bigamus Or if he haue bin but once maried then to say that she whom he hath maried is or was a widow that is to say the left woman of such a one c. which thing shal be tried by the Bishop of y e diocesse where the mariages are alleged And béeinge soe certifyed by the Bishoppe the prisoner shall lose the benefite of the clergie But at this daye by force of the Act made in Anno 1. E. 6. cap. 12. this is nâ—e plea but that hee may haue his Clergye yet not wythstandinge Soe is Brooke titulo Clergie placito 20. to the same purpose And hereuppon if you bee desirous Brother Nicholas to sée what reasons they haue that perswade against second mariages reade amonge manye other Fraunches Petrarch of Remedies for both fortunes the first booke and lxxvi Dialogue intituled of seconde mariage which booke nowe of late our brother master Thomas Twyne hath very wel and w t good grace as they y â— can iudge doe say translated out of latine into english and moste aptly called it Phisicke against fortune Blodewit BLodewit that is to be quite of amercements for blodsheding what pleas are holden in your court you shall haue the Amercementes thereof coming because wit in english is Misericordia in latine Boote BOote is an old woord and signifyethe helpe succour ayde or aduauntage and is commonly ioyned with an other word whose significatioÌ„ it doth augemeÌ„t as these brighoot burghboote fireboote hedgboot plowboote diuers such like for whose significations looke in their proper titles Brode halpeny BRode halpeny in soÌ„e copies Bordehalpeny that is to be quite of a certein custome exacted for settinge vp of tables Brugbote BRugbote and in some copies Brigebote that is to be quite of giuinge aide to the repairinge of bridges Burghbote BUrghbote that is to be quite of giuinge ayde to make a borough Castel city or walles throne downe Burchbrech Burghbrech that is to bée quite of trespasses don in Citie or borough against the peace Burgh English BUrgh English or borow english is a custome in soÌ„e auncient borough that if a man haue issue diuers sonnes and dieth yet the yongest sonne onely shal enherit and haue al the landes tenementes that were his fathers whereof hée died seysed wythin the same burgh by dyscent as heire to his father by force of the custome of the same Burglary BUrglary is when one breaketh and entreth into y â— house of an
I. S. by his wil all hys lands and tenementes here not onely all those landes y â— he hath in poss doe passe but also those that he hath the reuersion of by vertue of these wordes tenements â–ª 〈…〉 â—e deuiâ—ed to a man to haue to him for euermore or to haue to hiÌ„ his assignes in these ii cases y e deuisée shal haue a fée sâ—ple But if it be geuen by feoffement in such maner hée hath but an estate for terme of life Also if a man deuyse his land to an other to giue sel or doe therwith at his pleasure or wyll this is fée simple A deuise made to one to his heires males doth make an estate taile but if such words be put in a déede of feoffement it shalbée taken in fée simple because it doth it doth not appere of what bodye the heires males shal be begotten If lands be gyuen by déede to I. S. and to the heires males of his body c. whoe hath issue a daughter whoe hath issue a sonne and dieth there the land shall returne to the donour and the sonne of the daughter shall not haue it because hée cannot conuey himself by heires males for his mother is a let thereto But otherwise it is of such a deuise for there y e son of y e daughter shall haue it rather theÌ„ y â— wil shal be voyd If one deuise to an infant in his mothers belly it is a good deuise otherwyse it is by feoffement graunt or gift for in those cases there ought to be one of hability to take presently or otherwise it is voide A deuise made in fee simple without expresse wordes of heires is good in fee simple But if a deuise be to I. N. hée shall haue the land but for terme of life for those words wil cary noe gerater estate If one wil y â— his sonne I. shal haue his land after the death of his wife here the wife of the deuisour shal haue the lande first for terme of her life Soe likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shal haue the house where y â— goods are there the sonne shal not haue the house during the life of the wife for it doth appere y â— his inteÌ„t was that his wife should haue the house also for terme of her lyfe notwithstandiÌ„g it were not deuised to her by expresse words If a deuise be to I. N. and to y â— heires females of his body begotten after the deuisée hath issue a sonne and a daughter and dieth here y e daughter shal haue the land not the sonne yet he is the most worthy persoÌ„ and heire to his father but because the wyll of the dead is that the daughter should haue itlawe and conscience wil so also And herein the very hethens were precyse as appereth by these verses of Octauius Augustus whych Donatus reporteth he made after that Uirgil at hys death gaue commaundement that hys bookes shoulde bée burnt béecause they were vnperfite and yet some perswaded that they shoulde bée saued as in deede they very happely were to whom hée auÌ„swered thus But faith of lawes must nedes be kept and what last wil doth say what it doth coÌ„mauÌ„d be done y â— néedes we must obey Discent DIscent is in ij sorts eyther linial or collateral Linial discent is wheÌ„ the discent is conueied in y â— same line of the whole bloode as Grandfather father sonne sonns soÌ„ne so downwarde Collateral discent is out in an other braunch from aboue of y â— who le bloode as the graund fathers bro. fathers brother soe downewarde Disclaimer DIsclaimer is where the Lorde dystraineth his tenaunt and hée sueth a repleuin the lord auoweth the takinge by reason that he holdeth of him if the tenaunt say that hée dysclaimeth to holde of him this is called a dysclaimer and if y â— lorde thereuppon bringe a writ of right sur dysclaimer it be founde against the tenant he shal lose the land Tithes TIthes are in thrée sortes deuyded to wit Preiudicial tithes Parsonal tythes and Mixt tithes Predial tithes are tithes that bée payed of thinges that come of the grouÌ„d onely as Corne Haye fruits of Trées such like Parsonal tythes are tithes that bee payed of such profits as come by the labour and industrie of a mans person as by buyinge sellinge gaines of marchandise and of handicraftes men laborers and such as woorke for hyer as Carpenters Masons and such like Myxt tythes are the tithes of Calues Lambs Pigges and such lyke that encrease partlye of the grounde that they be fedde vppon and partlie Disseisin vppon disseisin DIsseisin vppon disseysin is when the disseisor is disseised by an other Disseisor and disseisee DIsseysoure â–ª is hée which putteth anye manne out of his lande without order of y â— lawe disseisee is hée that is so put out Distresse DIstresse is the thinge which is taken dystrayned vpon any lande for rent beehinde or other duty or for hurt don although that the propertie of the thinge béelongeth to a straunger but if they be beasts that belong to a stranger it behoueth that they bée leuant and couchant vppon the same ground y â— is to say that the beasts haue ben vpon y â— ground by certaine space y â— they haue themselfe well rested there or els they bée not distrainable And if one distraine for rent or other thynge without cause lawfull then the party gréeued shall haue a repleuin vppon suertie found to pursue his accion and shal haue y â— distresse to hym deliuered againe But there bée diuers thinges which bée not distrainable y â— is to say an other mans gowne in the house of a tayler or cloth in the house of a fuller sheremaÌ„ or weyuer for that that they be commen artificers and that the coÌ„mon presuÌ„ption is that such thinges belong not to the artificer but to other persons which put them there to be wrought Also vitaile is not distrainable nor corne in sheues but if they be in a carte for that that a distresse ought to bée alway of such thynges wherof the sherife may make Repleuin and deliuer againe in as good case as it was at the time of the taking A manne may dystrayne for homage fealtie and escuage other seruyces for fynes and amercements which bée assessed in a léete but not in a court baron and also for dammage fesaunt that is to say when hée findeth the beastes or goods of an other doing hurt or cumbringe hys grouÌ„d But a man may not distraine for any reÌ„t or thing due for any laÌ„d but vpon the same lande y t is charged therewith but in case where I coÌ„e to distraine the other séeing my purpose chaseth the beastes or bereth the thing out to the intent y â— I shal not take it for a distresse vpon the ground theÌ„ I
may well pursue and if I take it presently in the hye way or in an others grouÌ„d y â— taking is lawful aswell there as vppon the land charged to whomsoeuer y â— propertie of the goodes bee Also for fines and amercemeÌ„ts which be assessed in a leete one may alway take the goodes of him that is so amerced in whose ground so euer they bée within the iurisdictyon of the court as it is sayd And when one hath takeÌ„ a distresse it beehâ—â—ueth hym to bringe it to the commen pound or els hée may kéepe it in an others ground so that hée géeue notice to the party that hée if the distresse be a quicke beast may géeue to it foode and then if the beast dye for defaut of foode hee that was dystrayned shall bee at the losse and then the other may distrayne agayne for the same rent or duitie But if hee brynge the dystresse to a holde or out of the couÌ„ty that the sherife may not make deliueraunce vppon the repleuin then the party vppon the retorne of the sherife shall haue a writ of Withernam directed to the sherife that he take as many of hys beastes or as much goodes of the other in his kéepinge tyll that he hath made deliueraÌ„ce of the first distres Also if they bee in a forfelet or Castell the Sherife may take with him the power of the County beate downe the Castel as it appeareth by y â— statute Westm 1. cap. xvii Therefore looke the statute Diuorce DIuorce so called of diuortium coÌ„minge of the verbe diuorto which signifieth to returne backe As when a maÌ„ is diuorced froÌ„ his wife hée returneth her backe home to her father or other frends or to the place from wheÌ„â—e he had her by such diuorce the mariage is defeated and vndone Donor donee DOnor is hee whych gyueth lands or tenements to an other in tayle and hée to whom the same is so gyuen is called donée Double plea. DOuble plee is where the defendaunt or tenant in any accion pleadeth a plée in the which ii matters be compreheÌ„ded and euery one by himselfe is a sufficyent barre or aunswere to the action then such a doublee plee shall not bée admitted for a plée except one depend vpon an other and in such case if he may not haue the last plée without the first plée then such a double plee shal be wel suffered Ryght RIght is where one hath a thing that was taken from an other wrongfully as by disseisin or putting out or such like And the challenge or claime that hée hath who should haue y e thing is called right Right of entrie RIght of entrie is when one seysed of land in fee is therof disseised Now the disseisée hath right to enter into y â— land may so do wheÌ„ he wyll or els hée may haue a writ of ryght against the disseisour Dures DUres is where one is kept in prison or restrained froÌ„ his liberty contrary to the order of the lawe and if such a person so beinge in dures make any especialtie or obligation by reason of such imprisonment such a déede is voyde in the lawe and in an actyon brought vppon such an especialtie hee may say that it was made by dures of imprysonment but if a man bee arrested vppon any accion at the suite of an other though the cause of the accion be not good nor trewe if hée make any obligation to a straunger béeinge in prison by such arrest yet it shall not bee sayed by dures but if hée make an obligation to hym at whose suit he was arrested to bée dyscharged of such imprisonment then it shal be said dures Eire Iustices EIre Justices or Itinerant as we call them were Justices that vsed to ryde from place to place through out the realme to administer Justice Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial béetwéene party and party commeth to the Barre with one of the partyes hauinge receyued some rewarde soe to doe and speaketh in the case or priuely laboreth the Jurie or standeth there to furuey or ouerlooke theÌ„ thereby to put them in feare doubt of y â— matter But men that are learned in the laws may speake in the case for their fée but they may not labour the Jurye and if they take money soe to doe they alsoe are embrasors Encrochment ENcrochment is sayed when the Lorde hath gotten seisine of more rent or seruices of hys tonaunt then of right is due or ought to bée payed or done vnto him As if the tenaunt holde slande of hys Lorde by fealtye and ij s. rent yerelye And nowe of late tyme the Lord hath gotten seysine of thrée shillings rent or of homage or Escuage or such lyke Then thys is called an Encrochment of that rent or seruice Enheritance ENheritaunce is such estate in landes or tenements or other thinges as may be inherited by the heire whether it be of estate in fée simple or taile by discent from any of hys â–ª Auncesters or by hys owne purchase And Enheritaunce is deuided into two sortes that is to say enheritaÌ„ce corporate enheritance incorporate Enheritance corporate are mesuages landes meadowes pastures rentes and such lyke that haue substaunce in them selues and may haue contynuaunce alwayes And these ar called corporal things Enheritaunce incorporate are aduowsens villaynes wayes comons Courts fishings and such like that are or may be appendant or appurtenant to inheritances corporate Equitie EQuitie is in two sorts differing much the one from the other and are of contrarye effectes for the one doth abridge diminishe and take from y e letter of y â— law The other doth inlarge amplifie and adde therunto The first is thus defined Equitie is the correction of a lawe generally made in that part wherein it faileth which correction of y e generall wordes is much vsed in our lawe As if for example when an act of parliament is made that whoesoeuer doth such a thinge shal be a sclon and shal suffer death yet if a madde manne or an infaunt of yonge yeres that hath noe discretion doe the same they shal be no feloÌ„s nor suffer death therefore Also if a statute were made that al personnes that shal receiue or gene meate and drinke or other succour to any that shal do such a thing shal bée accessorie to hys offence and shal suffer death if they did knowe of the fact yet not withstandinge one doth such an act and commeth to his wife whoe knowing thereof doth receiue him and giues him meat and drinke shée shall not bée accessory nor felon for in the generaltie of the said wordes of y e lawe he that is mad nor y e infant nor the wife were included in meaning And thus equity doth correct y â— generality of y â— law in those cases the general words are by equitye abrydged The other equitie is defined after this sorte Equitye is when the wordes of
vsage of the countrey y â— comoÌ„ law of the Realme also whych expoundeth the word Giue to meane a feoffement which not onely disalloweth of any gyft made by an infant but also punisheth the taker in trespas vnlesse he haue it by liuery from y â— infants owne â—â—ndes as appereth in 26. H. 8. 2. 9. H. 7. 24. 18. E. 4. 2. 22. H. 6. 3. and diuers other bookes 21 And if any such tenant in Gauelkind dye and haue a wife that ouerliueth him let that wife by and by bee endowed of y â— one halfe of the tenements whereof her husband died vested and seised by y â— heires if they be of age or by the Lords if y â— heires be not of age soe that she maye haue the one halfe of those landes and tenements to holde so longe as shee kéepeth her a widowe or shal bee attainted of child birth â–ª after the auncient vsage that is to say that iâ— wâ—â— she is deliuered of childe the infant be herde cry and that the hue and 〈…〉 be raysed and the countrie assembled and haue the viewe of the childe so borne and the mother then let her loose her dower wholye â–ª and otherwise not so longe as shée holdeth her a widowe whereof it is sayed in kentish He tâ—at doth wende her Let him lende her This custoÌ„e hath bene â—llowed of by the common lawe longe tyme since as may bee reade Praerog regis cap. 16. 2. H. 3. in Fitz. t' PrescriptioÌ„ 59. c. But it is a doubt whether a womaÌ„ shal be endowed by this custoÌ„e of a possession in lawe or noe for that y â— words be of y e tenements wherof her husband died vested seised which worde vested inforceth a possession in déede and not in lawe onely And therefore if landes in Gauelkynde discend to a maried man â–ª which dyeth before hée make his entry into the same Inquire whether it be y e maner to endowe his wife thereof or noe A woman shall not bée endowed by thys custome of a bailliwike or faire or such like profitte by the oppynyon of M. Parkins fo 84. because y â— wordes of this customary dower bée terres et tenements and al customes shal find a litteral and streight interpretatioÌ„ And where she is to be endowed by this custome shée may very wel be endowed of a moytie to be holden in coÌ„mon with the heire y t eÌ„ioyeth y â— other halfe c. It is a doubt whether y â— a woman entituled to dower in gauelkind may waiue her dower of the halfe after this custome bring her accioÌ„ to be eÌ„dowed of y e 3. at y e coÌ„moÌ„ lawe so exeÌ„pt her selfe froÌ„ al daunger of y e customary conditions or no SoÌ„e haue byn of opinioÌ„ y â— she is at lybertie to take y â— oÌ„e refuse y â— other at her pleasure therefore inquire thereof c. 22 And they claime also that if a man take a wife which hath inheritaunce of Gauelkinde and the wife dieth before hym let the husbande haue the one halfe of those landes and tenements whereof she dieth seised soe longe as he holdeth him a widower without doinge any strippe or wast or banishmeÌ„t whether ther were issue betwene theÌ„ or no. And if he take another wife let him lose al. 23 And if any tenement of Gauelkinde do escheat and that escheat be to any lord which holdeth by fée of Hawberke or by Serieancie by death or by gauelate as is her after sayd or be to him reÌ„dred vp by his tenaunt which before helde it of hym by quite clayme thereof made or if his escheat bee by Gauelate as is hereafter sayd let thys land remaine to y â— heires vnpartable And this is to be vnderstood where the tenant so rendringe doth reteine no seruice to himselfe but saueth neuerthelesse to the other lords their fées fermes and the rentes wherewith the aforesaid tenementes of Gauelkynde so rendred were before charged by him or them which might charge theÌ„ To hold by fée of Hawberke or by Serieancie if it bee graund Serieancie is to holde by knightes seruyce Heahbeony in SaxoÌ„ is a high defence and the Customes of NormaÌ„dy cal y â— fiefe or fée de Haubert which oweth to defende the land by ful armes y t is by horse haubert target sworde or helme And it consisteth of 300. acres of land which is y â— same as some thinke that wée called a whole Knights fée 24 And they claime also that if any tenaunt in Gauelkinde wythholde his rent and his seruices of the tenement which he holdeth of hys lorde let the lord séeke by the awarde of his courte from iij. wekes to thrée wéekes to find some distresse vppon that tenement vntil the iiij court alwaies with witnesse And if w tin that time hée can find no distresse in y â— tenemeÌ„t wherby he may haue iustice of his tenaÌ„t theÌ„ at y â— iiij court let it be awarded that hee shall take that tenement into his hande in the name of a distresse as if it were an Oxe or acowe and let him kepe it a yeare a day in his hande without manuringe it within which terme if the tenaunt come and paye his arrerages and make reasonable amendes for the withholdinge Then let him haue and enioye his tenement as his auÌ„cestors he before helde it And if he do not coÌ„e before y â— yere y e day past theÌ„ let y â— lord go to y e next County court w t the witnesses of his owne court and pronounce there this processe to haue further witnesse And by the awarde of his court after y â— couÌ„tie court holden he shal enter manure in those landes and tenementes as in his owne demeanes And if the tenaunt come afterwarde and wil rehaue his tenements and hold them as he did before let him mak agreemeÌ„t w t y e lord according as it is auÌ„cieÌ„tly said Hath he not since any thing giuen nor hath le not since any thing paid Then let him paye fiue pound for his were beefore he becoÌ„e tenant or holder againe Some copies haue the first verses thus Let him ix times pay ix times repaye This custoÌ„e is touched by the waye by master Frowike 21. H. 7. 15. by him thought to be good but whether it be at this daye put in vre enquire further 25 Also they clayme that no manne ought to make an othe vppon a booke neither by dystresse nor by the power of the lord nor his Bailife against his will w tout y â— writ of the kynge vnlesse it bée for fealtie to be done to his Lord but onely before the Coroner or such other minister of the king y t hath Royal power to enquire of trespasse coÌ„mitted against y â— Crowne of our Lord the king 26 And they clayme y â— euery KeÌ„tishman may essoine an other either in y â— kinges court or in the county or in
at Sandwich in Kēt taxed al his lād by hides thus That euery 310. hydes of land should find one ship fornished euery 8. hides should find one Jacke one sallet for y e defence of y e Realme Hotchpot HOtchpot is a medlynge or mixinge together and a partition of lands giuen in frankmariage wyth other lands in fée simple dyscēded as for example a man seysed of 30. acres of land in fee simple hath issue ii daughters gyueth w t one of his daughters to a man y t marieth her x. acres of the same land in frankemariage and dieth seysed of the other 20. acres Nowe if she that is thus maried wil haue any part of the 20. acres whereof her father dyed seysed Shée must put her lands gyuen in frankmariage in hotchpot that is to say shée must refuse that gyft in frankemariage and suffer the land to bée commixt and mingled together w t the other land whereof her father dyed seysed so that an equall deuision may bee made of the whole betweene her and her Sister and thus for her 10. acres shée shall haue xv els her Sister wyll haue the xx acres of whych their father died seysed Home Sokene HOme soken or hane soken y ◠is to be quit of amercements for entringe into houses vyolently without licēce contrary to the peace of the kinge And that you hold plea of such trespas done in your court and in your land Homicide or māslaughter HOmicide or manslaughter is the killing of a man feloniously without malice fore thought It is also defined thus Homicide is the killing of a man by a man and if such kyllinge be don by a dogge oxe or other thinge it is not properly called homicide for it is called homicide of a man to kil as y ◠killing of a man Hornegeld HOrnegeld y ◠is to be quit of a certeine custome exacted by tallage thorowe all the lande as of whatsoeuer horne beast Housebote HOusebote is necessary timber y ◠lessée for yeres or for life of common right may take vppon y ◠groūd to repaire y ◠houses vpon y ◠sāe groūd to him leased although it bée not expressed in y e lease and although it be a lease by wordes w tout déed But if hée take more then is néedefull hée may bée punished by an action of wast Hundred HUndredes were deuised by Alfred y ◠kinge after that hée had deuided the whole Realme into certeine partes or Sections whych of the Saxon word Scynan signifyinge to cut he termed Shires or as wée yet speake Shares and portions These Shires hée also brake into smaller partes wherof some were called Lathes of y ◠woord Ielapian which is to assemble together others Tithinges so named because there were in each of them to the number of ten persons whereof each one was suertie and pledge for others good abearinge others hundreds because they contayned iurisdiction ouer an hundred men or pledges dwellinge paraduenture in ii or iii. or more parishes Boroughes or townes lyinge and adioyninge neuerthelesse somewhat nere together in which he appointed adminystration of Justice to bée exercysed seuerally amonge them of y e same hundred and not that one should runne out disorderly into an others hundred lath or tithing wherein he dwelled not These hundreds cōtinue to this day in force although not altogether to y ◠sāe purpose wherūto at the first they were appointed yet styll very néedful both in tyme of peace for good order of gouermēt diuers ways also in warre for certeinty of leuying of mē as els for the more ready collections of payments graunted in parliament to the kynges and Quéenes of thys Realme Hundred HUndredum that is to bée quit of money or customes to bee done to the gouernours hundredors Ideot IDeot is he that is a foole naturally from hys birth and knoweth not howe to accompt or number twenty pence nor cannot name hys father or mother nor of what age hymselfe is or such like easie and common matters soe that it appereth he hath noe maner of vnderstādinge of reason nor gouernement of him selfe what is for his profit or disprofit c. But if hée haue soe much knowlege that he can reade or lerne to reade by instruction and informatyon of others or can measure an elle of cloth or name the daies in the wéeke or begette a childe sonne or daughter or such lyke whereby it may appere that he hath some light of reason then such a one is noe Ideot naturallye Vnlawful assembly VNlawfull assemblye is where people assemble them selues together to do some vnlawful thing against the peace although that they execute not their purpose in déede Imparlance IMparlaunce is when an action of dette trespasse or such lyke is brought against a man and after that the pleintife hath counted or declared the defendaunt prayeth the Court that hée may haue tyme to put in hys aunswere at an other daye in the same terme or in the next terme followinge this stay of aunswere is called imparlaunce Imprisonment IMprysonment is noe other thynge but the restraynt of a mannes libertye whether it bée in the open féelde or in the Stockes or Cage in the streates or in a mans own house as wel as in the common gaole And in all these places the partye soe restrayned is sayed to be a prisoner soe longe as hée hath not hys lybertye fréely to goe at al times whether he wil without baile mainprise or other aucthoritye Infangethefe INfangethefe that is that théeues taken with in youre demesne or fée conuicted of thefts shal be iudged in your court Information INformation for the Queene is that which for a common parson is called a declaration and is not alwaies done directly by the Quéene or her atturney but rather by some other man who sueth or infourmeth as wel for y e Queene as for him selfe vppon y e breach of some penall lawe or stat wherin a penalty is giuen to y e party that wil sue for y e same but no action of det to recouer it then it must be had by information Ioynture IOynture is an estate and assuraunce made to a woman in consideration of mariage for terme of her life or otherwise whether it bée before or after y e mariage And if it bée after the mariage then shée may at her libertie after the death of her husbande refuse to take or haue the landes soe assured for her Joynture and demaund her dower at the cōmon lawe But if it be made before mariage then shée may not refuse such ioiniure nor haue dower accordinge to the common lawe vnlesse that when she bringeth her writte of dower the defendaunt pleadeth such a plea that will not barre her of her dower then shee shal bee endowed As if he say in barre that her husbande was not seised of such estate wher of she myght bee endowed or any such plea and doth not shewe that she
great discretiō take the helpe and opinion of some skilful Surgeon to consider thereof before they determine vpon the case Mainprise MAinprise is when a mā is arrested by capi as then the Judges may deliuer his bodie to certeine menne for to keepe and to bringe him before them at a certaine daye and these be called mainpernours and if the partye appeare not at the daye assigned the mainpernoures shal be amerced Mannour MAnnour is a thinge compounde of diuers thinges as of a house lande arrable pasture meadowe woode rent auowson court baron and such like make a manor this ought to be by longe contynuaunce of time to the contrary◠whereof mans memory cannot tel for at this day a manor cānot be made because a court baron cānot nowe be made and a manour cannot be w tout a court baron suters or fréeholders two at the least for if all the fréeholdes except one escheate to the lord or if he purchase al except one there his manor is gone for that it cannot bée a mannor without a court Baron as is aforesaid and a court baron cannot bée holden but before suters not before one suter therfore where but one fréehold or fréeholder is there cannot bée a mannour Manumission MAnumission is in ii sortes the one is a manumission expressed the other a manumissiō implyed or secreat Manumission expressed is when the Lord maketh a déed to his villen to enfraunches hym by this word Manumittere which is as much to say as to let one goe out of an other mans hands or power The manner of manumittinge or infraunchising in old time most vsually was thus The Lorde in presence of hys neyghbours toke the bonde manne by the heade saying I wil that this manne be frée and therewyth shewed him forwarde out of hys handes and by this hée was frée without anye more a doe Manumissyon implyed wythout this woode Manumittere is when the lorde maketh an obligation to his villē to pay him money at a certein daye or suith him wher he might enter without sute or graunteth vnto his vyllen an annitie or lesseth lande to him by déede for yeres or for life in dyuers such like cases y e villen thereby is made frée Maximes MAximes be the foundations of the lawe the conclusions of reason and are causes efficient certein vniuersall propositions soe sure and perfect that they may not bée at any time impeached or impugned but ought alwaies to bée obserued and holden as strong principalles and aucthorities of thēselues although they cannot be proued by force of argument or demonstratiōs logicall but are knowen by enduction by y e way of sence memory As for example it is a maxime that if a man haue issue 2. sonnes by diuers women and the one of them purchase landes in fée and dieth wythout issue the other brother shall neuer be hys heyre c. Also it is an othermaxime that lāds shal discēd frō the father to y e sōne ▪ but not frō the sōne to y e father for that is an ascention c. diuers such like there be Maynour MAynour is when a théefe hath stolne and is followed with hue and cry and taken hauing y t founde about him which he stole that is called the maynour And so we cōmonly vse to saye when we finde one doing of an vnlawfull act that wée tooke him with the maynour or maner Misprision MIsprision is when on knoweth that an other hath committed treason or felony and will not discouer him to the Q. or to her councell or to any magistrat but doth conceale the same A chapleine had fixed an olde seale of a patent to a newe patent of non residence and this was holden to bée misprision of treason onely and noe counterfeiting of the Q. seale Also if a man knowe mony to be counterfet bringe the same out of Irelād hither into England and vtter it in payment this is but mysprision of treason and no treason soe it is in diuers such like cases And in al cases of misprision of treason y e partie offendor shall forfayt his goods for euer and y ◠profets of his landes for terme of his life and his body to prison at the Q. pleasure And for misprision of felonie or trespas y e offēdour shalbée committed to prison vntill hée haue founde suerties or pledges for his fine which shal be assessed by y e ducretion of y t Justices before whom he was conuict And note that in euerie treason or felonye is included misprision and where any hath cōmitted treason or felony the Q. may cause y e sāe to be indited and arramed but of misprision onely if she will Shewinge of deedes or Recordes SHewinge of déedes or Recordes is as if for example an actyon of dette be brought against one vppon an obligation or by Executors c. there after that the pleyntife hath declared he ought to shewe his obligatiō or y ◠executour the testamēt to the court and soe it is of Recordes And the diuersitye béetwene shewing of deeds or Recordes hering of déeds or records is thus he y ◠pleades the deede or record or declares vppon it to him it doth appertaine to shewe the same And the other agaynst whom such déede or record is pleaded or declared and is thereby to bée charged may demaunde hearing of the same déed or record which his aduersarie brigeth or pleadeth against him Mortgage or Morgage MOrtgage or Morgage is whē a mā maketh a feoffement to another on such condition that if the feoffour pay to the feoffée at a certaine day xl li. of money that then the feoffour may reenter c. In thys case the feffée is called tenaunt in morgage And as a mā may make a feoffement in fée in morgage so hée may make a gift in tayle or a lease for terme of life or for term of yeares in morgage And it seemeth that the cause why it is called morgage is for that it standeth in doubt whether the feoffor will pay the money at the day appointed or not and if hée fayle to pay then y ◠land which hée layed in gage vppon condition of paymēt of y e money is gone from him for euer so dead to him vpō cōditiō But if he pay y ◠money then is the gage dead as to y ◠tenāt y t is to say the feoffée for this cause it is called in latin mortuum vadium as master Littleton sayth or rather mortuum vas as I thinke Mortmaine MOrtmaine was whē lands were geuen to a house of religion or to a cōpany which be corporat by y e kings graūt then the land is cōe into mortmain that is to say in English a dead hand and the kynge or the lord of whō y e lād to holden may enter into thē Mulier MUlier is a word vsed in our lawe but howe aptly I cannot tell nor doe wel knowe howe
very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ◠land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ◠defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ◠ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m◠lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ◠reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth
reason whereof the patron presentes an other clerke whoe is instituted and inducted nowe the one of them may haue spoliation against the other theÌ„ shal come in debate if he haue plurality or not And so it is of depriuation c. The same lawe is where one sayeth to the patron that his clerke is deade where vppon hée presentes an other There the first incumbent which was supposed to be deade may haue a spoliation agaynst the other and soe in diuers other such like cases Stallage STallage that is to bée quite of a certeine custome exacted for y e streat takeÌ„ or assigned in faires and markets Suit couenant SUit couenant is when your auncestours haue couenaunted wyth my auncestors to sue to the court of my auncestors Suit custome SUit custome is when I and my auncestours haue bene seysed of your owne suitand your auncestours tyme out of minde c. Suit rial SUit â—â—al is when men come to the shiriffes tourne or léets to which court al men shal bee coÌ„pelled to come to knowe the lawes soe that they shall not be ignorant of the thinges that shalbée declared there howe they shal be gouerned And it is called rial suyt because of their allegeaunce and thys appereth by common experience when one is sworne his othe is that hée shal be a loyall and faythfull manne to the Quéene And thys suyt is not for the lande which hée holdeth within the Countie but by reason of his person and hys abode there and ought to bée done twise a yere for defaut whereof he shal be amerced and not distrayned Suit seruice SUit seruice is to sue to the sherifes tourne or léete or to the lordes court froÌ„ iij. wekes to iij. wekes by y â— who le yere for default thereof a â—â—â— shal bee distrayned and not amerced And this suit seruice is by reason of the tenure of a mans landes Taxe and Tallage TAxe and Tallage are payments as tenthes fiftenthes subsydyes or such like graunted to the Queene by Parlyament The tenaunts in auncien demeane are quite of these texes tallages graunted by parliament except y â— the Quéene do taxe auÌ„cteÌ„t demesne as she may wheÌ„ she thinks good for some great cause Sée auncient demesne Tenure in capite TEnure in capite is where any holde of y â— Queene as of her person beinge Quéene and of her Crowne as of a Lordshippe by it selfe in grosse in chiefe aboue al other lordshipes And not wher they hold of her as of any manor honor or castel except certein auncient honors which appere in the Eschequer Testament TEstament is thus defined or expounded in master PlowdeÌ„s comentaries a testament is the witnesse of the mind and is compound of these 2. words testatio mentis which so signifieth truth is that atestament is a witnes of the mynde but that it is a compouÌ„d word Aulus Gelliê° in his vi booke ca. 12. doth deny y â— same to an excellent lawyer one Seruius sulpitius saith that it is a simple word as are these Calciamentum Paludamentum pauimentum dyuers such like And much lesse is aggreamentum a compounde woorde of aggregatio and mentium as is sayde before in that title for there is no such latin word simple or coÌ„pound but it may neuerthelesse serue well for a lawe lattyn woorde And therefore thus it may be better defined A testament is the true declaration of our last will of that wée would to bée don after our death c. And of testameÌ„ts there bée ii sortes namely a testament in writinge a testameÌ„t by wordes which is called a nuncupatiue testament The first is alwayes in writing as is sayd The other is when a man being sicke and for feare least death or want of memory or of speach should come soe soddenly and hastely vppon hym that hée should be preuented if hée stayed the writinge of hys testament desireth hys neyghbours and frends to beare witnesse of hys last wil and then declareth the same presently by wordes before them which after his decease in proued by witnesses and put in writinge by the ordinary and then standeth in as good force except for lands as if it had at y â— first in the lyfe of the testatour byn put in writinge Them THem that is y â— you shall haue all y â— generation of your villâ—ynes with their sutes cattel wheresoouer they shal be sound in EnglaÌ„d â—â—cent that if any 〈…〉 shall remayne 〈…〉 yeare and a day in any priuiledged towne so y â— hee shalbée receaued into their coÌ„mmaltie or guild as one of them by that meanes hée is deliuered from villenage Thefbote THefebote is when a maÌ„ taketh any goods of a theefe to fauour and maintaine him And not when a man taketh hys owne goodes that were stolne from him c. The punishment in auncient time of theefeboote was of life and member But now at this day Master Stamford sayth it is punished by rauÌ„some and imprisoÌ„meÌ„t but enquire farder for I thinke it bée felony Title TItle is where a lawful cause is câ—e vpon a man to haue a thing which an other hath hee hath no action for y â— same as title of mortmam or to eÌ„ter for breach of a coÌ„ditioÌ„ Title of entrie TItle of entrie is wheÌ„ one seysed of lande in fee maketh a feoffement thereof vpon condition and the condrtyon is broken Nowe after the condition thus broken the feoffour hath title to enter into y e land and may so doe at hys pleasure and by hys entrie the fréeholde shal be sayd to bée in him prepresently And it is called title of entrie because that hée cannot haue a writ of right agaynst his feoffée vpoÌ„ coÌ„dition For his right was out of him by the feoffemeÌ„t which cannot be reduced without entrie the entrie must be for the breach of the condition Tolle or Tolne TOlle or tolne is most properly a payment vsed in Cities Townes Markets and faires for goodes cattell brought thither to bee bought and sold And is alwayes to bée payed by the buyer and not by the seller except there bee some custome otherwise There are diuers other tolles as turne tolle and that is where tolle is payed for bestes that are driuen to bée solde although that they bée not sold in déede Also tolle trauers that is where one claymeth to haue an halpeny or such lyke tolle of euery best that is driuen ouer his ground Through tol is where a Towne prescribes to haue tolle for euery best that goeth through their Towne a certen or for euery score or hundred a certen which séemeth not to be so vnreasonable a prescription or custoÌ„e assoÌ„e haue thought although it bée through the Quéenes high way as they call it where euery man may lawfully goe if that there bée one thinge for an other as if there bée a bridge or such like commodity prouided at the costes charges of the Towne for
these accions there bee an infintts number but one for example is when anie of the Jurye that are impanelled and sworne to passe betwéene party and partye indifferentlye do take any thing of the one side or other or of both parties to say their verdicts at that side Then any man that will within the yeare nexte followynge the offence made maye sue a writte called Decies tantum agaynst hym or them that so did take to geeue their verdicte and because that this accyon is not géeuen one man speciallye but generally to the Queenes people that wyll sue it is called an accyon populer Actions Reals ACtions Reals bée such actyons whereby the demaundaunt claymethe tytle to any landes ortenementes rentes or coÌ„mon in fée simple fée taile or for terme of life Accorde ACcordeis an agréement betwéene ij at the least eyther to satysfie an offence that the one hath made to the other Or else it is a contracte wyth dyuers articles to bée done some on the one part and some on the other where there shalbée one thinge for an other c. The first is when a man hath done a trespas or such like vnto an other for which hee hath agréed with him satysfyed and contented him with some recompence alredie executed and done in déede And béecause that this recoÌ„pence is a full satisfactyon for the offence it shalbée a good barre in y e lawe if the other shoulde sue agayne any actyon for the same trespas The other is when as I. S. letteth a chamber for yeares to H. G. and it is farder agréed béetwéene them that the sayde H. G. shalbée at Boorde with the sayde I. S. and shal for the same chamber and Boorde paie to the sayde I. S. a certen some c. this is a contract and accorde with articles on both sides ¶ Acquital ACquital is where there is lord mesne tenant the tenant holdeth of the mesne certein lands or tenemeÌ„ts in fraÌ„kalmoigne frankemariage or such lyke and the mesne holdeth ouer also of the Lord paramount or aboue him Nowe ought the mesne to acquite or discharge y â— tenant of al and euery maner of seruice y â— any other would haue or demaund of hym concerninge the same lands or tenementes for that the tenant must doe his seruice to the mesne onely not to diuers lords for oÌ„e tenement or parcell of lande The saÌ„e lawe is wherthere is lord mesne tenant as aforesayd and the mesne graunted to the tenaÌ„t vpon the tenure made betwene theÌ„ to acquite and dyscharge him of al rentes seruyces and such like This dyscharge is called acquitall Acquitance ACquitaunce is a discharge in writinge of a summe of money or other duetie which ought to be payde or don As if one be bound to pay money vpon an obligation or rent reserued vppon a lease or such like and the party to whom the money or duety should bée payed or don vppon the resceit thereof or vpon other agreement betwene them had maketh a writing or bill of his hand in discharge thereof witnessing that he is payed or otherwise conteÌ„ted and therefore doth acquite discharge him of y e same which acquitance is such a discharge and barre in the lawe that hée cannot demauÌ„d recouer that suÌ„me or duety againe coÌ„trary thereunto if he can shew the acquitance Additions ADdition is that that is geuen vnto a man but chiefely to the defendant in accions where proces of outlawrie doe lie as in det and such like ouer and besides his proper name and sirname that is to say to show of what estate or degree or mistery hee is and of what Towne or Hamlet or Countie Additions of Estate ar these yeoman Gentleman Esquire such like Additions of degree are those that wee call names of dignitie as Knight Earle Marques and Duke Additions of mistery are such Scriuener Printer Mason Carpenter Tayler Smith so al other of like nature for mistery is the craft or occupatioÌ„ wherby a man getteth hys liuinge Addicions of townes as Sale Dale and such and so of the rest And where a maÌ„ hath houshold in ii places hee shal be said dwelliÌ„g iÌ„ both of them so y t his addicion in one of theÌ„ doth suffise And this was ordayned by a statute made in the first yeare of H. 5. cap. 5. to the intent that one man should not bée gréeued nor troubled by the vtlary of an other but that by reason of the certein addicion euery man might bée certeinly knowne and beare his owne burden Adiournement ADiournement is wheÌ„ any court is dissolued and determined and assigned to be kept againe at an other place or time Administratour ADministratour is he to whoÌ„ the ordinary coÌ„mitteth thadministration of y â— goods of a dead man for defaut of an executour an accioÌ„ shal lie against him and for him as for an executour he shal be charged to the value of the goods of y â— dead man no further if it bée not by his own false plée or for that that hee hath wasted the goodes of the dead but if thadministratour die his executours be not Administrators but it behoueth the Ordinary to commit a newe administration but if a strauÌ„ger that is not administratour nor executoure take the goodes of the dead and minister of his owne wrong hée shal be charged â—ued as an executour not as administratour in any accioÌ„ that is brought against hym by any creditour But if y t ordinary make a letter ad colligeÌ„duÌ„ bona defuÌ„cti he that hath such a letter is not Administratour but the accion lieth against the Ordinary as wel as if he toke y t goods to his owne hande or by the hande of any of hys seruauntes by any other commaundement Actes ACtes of parliament are positiue lawes which consyst of two partes that is to say of y â— words of y â— act and of the sense thereof they both ioined together make the lawe Admiral ADmirall is an officer vnder the Quéene that hath aucthoritie vpon the sea onely to sée the nauie repaired mainteined to suppresse and chasé away robbers and rouers and to deale in matters betwene party and party concerninge thinges done there and for that purpose hath hys court called the Admirally yet he may cause his Citation to be serued vpon the land and take the parties body or goodes in execution vpon the land Also he hath cognisaÌ„ce of the death or mayhem of a maÌ„ coÌ„mitted i any great ship fléetinge in great riuers in the land benethe the bridges of the same next the sea also to arrest ships in y â— great streames for y â— viages of y â— Quéene Realme hath iurisdiccioÌ„ in y â— said streames during the same viages Aduowson ADuowson is where a man and his heires haue right to preseÌ„t their Clerke to the ordinarie to a personage or other spiritual benefice when it becoÌ„meth boide And hée that hath such
béefore a temporall Judge c. and the prisoner praieth his clergye that is to saye to haue hys booke which is as much as if hée desired to bée dismyssed from the Temporall Judge and to bee deliuered to the Ordinarie to purge hym selfe of the same offence This priuyledge at the firste was not soe generall in respect of the parties that should take benefite thereby as it afterwarde beecame to bée for at the beginninge beinge a popishe inuentyon the patrons thereof were very partial and wolde not that any should reape commodity thereby but their popish priestes only and such as were wythin orders as aforesayed and this arose amonge them partlye through their great pride dysdayninge to bee vnder the obedience of their natural kinges and temporall correctyon and partelye of polycie for shame lest the leude maners of their spiritualty should come to the open view examination of y e layetie as they distinguish them noe meruaile at al for w tin a fewe of the first yeres of king Henry y e secoÌ„ds raigne the clergie of the Realme had committed aboue one hundred seueral murders vppon hys subiectes as the Kinge was certenly informed besides many robberies and other outrages for remedy whereof order was taken by y e king his nobilitie and w t much a doe the Clergie consented therto y t if any clerke from thence forth committed felony or treason he should first be degraded and afterwarde deliuered to the lay power there to receiue as to his offence belonged c. at y â— last in fauor of life a thing to bee shewed indifferently towards al mankinde and for the loue of lerninge it was graunted to al men that could reade though they were neither priestes nor w tin orders And since in parliament made vpon good considerations it hath ben restreined and taken away in dyuers cases as in wilful murder Burglary and such others Clerke attaint Clerke conuict CLerkes are in ii sorts that is to say Clerkes attaint Clerkes conuict Clerke attaint is he which prayeth his clergy after iudgement gyuen vpon him of the felony and hath his clergy allowed such a Clerke may not make his purgatioÌ„ Clerke conuict is hée which prayeth his clergy before iudgment gyuen vppon him of the felony and hath hys clergy to him graunted such a clerke may make his purgation Colour COlour is a fayned matter which the defendant or tenant vseth in his barre when an accion of trespas or an assise is brought against him in which he gyueth the demandant or plaintife a shewe at the first sight that he hath good cause of accion where in troth it is no iust cause but onely a colour and face of a cause And it is vsed to the intent that the determynatyon of the accion should bée by the Judges and not by an ignorant Jury of xii men And therefore a colour ought to bée a matter in law or doubtfull to the common people as for example A. bringes an assise of land against B. and B. saith that hee hym selfe did let the same land to one C. for terme of life and afterwarde did graunt the reuersion to A. the demaundaunt and after C. the tenaunt for terme of lyfe died after whose decease A. the demaundaunt claiming the reuersion by force of that graunt whereto C. the tenaunt for life did neuer atturne entred vpoÌ„ whom B. entred against whom A. for y â— entre bringes this assise c. this is a good colour because the comoÌ„ people thinke that the land will passe by the grauÌ„t without atturnement where in déede it wil not passe c. Also in an accion of trespas colour must bée geuen and of them are an infinite number one for example In an accion of trespas for takinge away of the playntifes beastes the defendaunt saith that before y e pleintife had any thing in theÌ„ hée himselfe was possessed of theÌ„ as of his proper goodes and deliuered them to A. B. to redeliuer them to him againe when c. and A. B. gaue them vnto the plaintife the plaintife supposing the propertie to be in A. B. at y â— time of the gift tooke them and the defendant tooke them from the plaintife whereupon the plaintife bringeth y e accion this is a good colour and a good plea. Colour of office COlour of office is alwaies takeÌ„ in y e worst part signifieth an act euel done by the countenance of an office and it beareth a dissemblinge face of the right office where as the office is but auaile to the falsehod the thinge is grounded vpoÌ„ vice and the office is as a shadowe to it But reason of the office vertue of the office are taken alwayes in the best part and where the office is the iust cause of the thynge and the thynge is pursuing to the office Collusion COllusioÌ„ is where an accion is brought agaynst another by hys owne agreement if the plaintife recouer then such recouery is called by collusion and in some cases the collusion shall bée enquired of as in a Quare impedit an assise such like But in auowry nor in a writ of entrie or any accyon personall the collusion shall not bée inquyred Common law COmmon lawe is for the most part taken 3. waies first for the lawes of this Realme simple without any other lawe as customary lawe Ciuil lawe Spirituall lawe or whatsoeuurr els lawe ioyned vnto it as when it is disputed in our laws of England what ought of right to bée determyned by the comon lawe and what by the spirituall lawe or Admirales Court or such like Secondly it is taken for the kinges courtes as the kynges bench or common place onely to shewe a difference béetwéene them and y â— base courtes as Customary courts courtes barons county courtes pipouders and such like as when a plea of land is remoued out of auncient demesne because the laÌ„d is frank fée pleadable at the coÌ„mon lawe y t is to say in y â— kings court and not in auncien demesne or in any other base court Thirdly and most vsually by the comon law is vnderstoode such laws as were generally taken and holden for lawe before any statute was made to alter the same as for example Tenant for life nor for yeares were not to be punished for doinge wast at the common lawe tyll the statute of Glocester ca. 5. was made which doth giue an action of wast against them But tenant by the curteâ—y and tenaunt in dower were punishable of wast at the common law that is to say by the vsual and comon receiued laws of y â— Realme before the sayd statute of Glocester was made Comon COmmon is the right y t a maÌ„ hath to put his beastes to pasture or to vse to occupy the grouÌ„d that is not his owne And note y â— there be diuers comons that is to say comoÌ„ in grosse common appendaunt comon appurtenant comoÌ„ because of neighbourhod Common
the lawe are effectually directed one thing only prouided by y ◠words of the lawe to the end y ◠althigs of like kind may be prouided by the same And soe when the words enact one thing theye enact all other thinges that are of lyke degree As the statute which ordeines that in an actyon of dette against executours hée that doth appere by distresse shall aunswere doth extende by Equitie to Administratours for hée of them that doth fyrst appere by distresse shal aunswere by equitie of the sayed act Because they are of lyke kinde Soe lykewise the statute of Glocester geues the actyon of wast and the payne thereof agaynst hym that holdes for life or yeres and by y e equitie of the same a mā shall haue an action of waste agaynst hym that holdes but for one yere or halfe yere and yet y t is without the words of y ◠statut for h◠that holds but for halfe a yeare or on yere doth not hold for yeares but y ◠is y e meaning the words y t enact y e one by equitie enact y ◠other Escape EScape is in two sorts that is to say voluntary necligent Uoluntary escape is when one doth arrest an other for felony or other crime after letteth him go where he wil this letting of him to go is a volūtary escape And if y ◠arrest of hī y ◠escaped were for felony thē y ◠shal be felony in him y e did suffer y ◠escape and if for treason then it shal be treason in him and if for trespas then trespas and so of other Negligent escape is whē one is arrested and after escapes against the will of him that did soe arrest him is not freshly pursued and taken before the pursuer loseth y e sight of him this shalbée said a negligent escape notwithstanding y t hee out of whose possession he escaped do take hym after he lost sight of him There is an escape also without arrest as if a murder be made in the day and the murderer be not taken then it is an escape for the which the towne where the murder was done shal be amerced Esples ESples is as it were y ◠seysin or poss of a thinge profit or cōmodity y ◠is to be takē As of a cōmō y ◠esplées is the taking of the grasse or comon by y ◠mouthes of the beastes y ◠cōmon there Of an aduowson the takynge of grosse tythes Of a wood the selling of wood of an orchard the selling of Aples or other fruit growing there of a mill in taking of tol is the esplees and of such like Essoine ESsoine is where an actyon is brought and the plaintife or defendāt may not wel appere at the day in court for one of y ◠v. causes vnder expressed thē he shalbée essoined to saue hys defaut whereuppon note well that there be v. maner of essoines that is to say essoyne de ouster le mere and that is by xl daies the second essoyne is de terra sancta that shal be by a yere a day these two shal bee layd in y ◠beginning of y e plée The iii. essoin is de male vener and that shalbée at cōmon dayes as the action requireth this is called y ◠cōmon essoin The iiii essoyne is de malo lecti that is onely in a writte of right and there vppon there shall a writte goe out of the Chauncerie directed to the shirife that he shal send iiii knightes to the tenaunt to sée the tenant if he bee sicke to géeue him a day after a yere and a day The v. essoyne is de seruice le roy and it lyeth in al accions except in Assyse of nouel disseisin writ of dower darein presētment in appel of murder but in this essoin it behoueth at the day to shew his warrāt or els it shall torne into a defaut if it be in a plee real or hée shall lose xx s. for the plaintifs iorney or more by the discretion of the Justices if it be in plee personal as it appereth by the statute of Glocester ca. Octauo Estoppel EStoppell is when one is concluded and forbidden in lawe to speake against his owne act or déede yea although it bée to say the truith And of estoppels there are a great many one for example is whē I. S. is bound in an obligation by the name of Thomas Stile or any other name and is after ward sued accordinge to y e same name put in the obligation that is to say Thomas Stile Nowe he shal not be receiued to say y ◠hee is misnamed but shal be driuen to aūswere accordinge to the name put in y e obligatiō y t is to say T. S. for peraduenture y t obligée did not know his name but by y ◠report onely of the obligor himselfe and in as much as he is y ◠same man y ◠was bound hee shal be estopped forbidden in law to say y ◠contrary against his owne déede for otherwise he might take aduauntage of hys owne wronge which the lawe wyl not suffer a man to doe Also if the daughter y t is onely heire to her father wil sue liuery with her Sister that is a bastard she shal not afterward be receiued to say y t her Sister is bastard insomuche that if her bastard sister take halfe y ◠lād w t her there is noe remedy by law Also if a manne seysed of landes in fée simple wyll take a lease for yeares of the same land of a straunger by déede indented this is an estoppel during y e terme of yeares And the lessée is thereby barred to say the trouth for the troth is that hée that lessed the land had nothynge in it at time of the lease made and that the fée simple was in hym that did take y e lease but this hée shall not bée receyued to say tyll after the yeares are determined because it appereth that hee hath an estate for yeares and it was his folly to take a lease of hys owne landes therefore shall thus bée punished for his folly Estraungers EStraungers are they that are not parties nor priuies to the leuyinge of a fine or making of a déede Estray EStray is where any beast or cattell is in any lordshippe and none knoweth y ◠owner therof then it shal be seised to the vse of the Quéene or of the Lord y ◠hath such estray by the Quéenes graunt or by prescription if the owner come make claime thereto within a yeare a day then hée shall haue it againe payinge for hys meate or els after the yere the propertie therof shal be to the Lorde so that the Lord make proclamatiō therof accordīg to the lawe in ii market townes Excōmunication EXcōmunicatiō is whē a man by iudgment in the spiritual court is accursed thē he is disabled to
sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y â— is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y â— Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutioÌ„ is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and wheÌ„ y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whoÌ„ the testator was in debt shall haue an action against the executor if hée haue an obligatioÌ„ or specialtie but in euery case where y â— testator might wage his lawe no actioÌ„ lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and conscieÌ„ce to purchase mony as well by extortion as otherwise according to y â— saying of y e poet Uirgil What can be told or what is that that huÌ„ger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demauÌ„deth iudgmeÌ„t of the court if he shall agayne haue this actioÌ„ c. And y â— plaintife sayth there is â—oâ— such record WhereupoÌ„ y â— defendant hath a day giueÌ„ him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action theÌ„ he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y â— déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indeÌ„ted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée graÌ„tee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y â— parties names to the déed
will serue in that case to say that hymselfe was borne in Kent it is for good reason to be doubted â— And y t they ought not y e Eschetor of the kynge to choose nor euer in any time did they But the kinge shall take or cause to bée taken suche a one as it shal please hym to serue him in that whych shal be néedeful 3 And that they may their lands their tenemeÌ„ts giue and sel without licence asked of their lords Sauing vnto the Lordes the rents and y e seruices due out of the same tenements 4 And that al and euery of them may by writ of the king or by playnt plede for y e obtaininge of their right as wel of their Lordes as of other men 5 And they claime also y t the coÌ„minaltie of Gauelkind men which hold none other then tenemeÌ„ts of Gauelkind nature ought not to coÌ„e to y e coÌ„mon summons of y e Eire but onely by the Borsholder fower meÌ„ of the Borowe Except the townes which ought to aunswere by twelue men in the Eire The like to this priuiledge is enioyed at thys day in y â— sherifes Lathe where many whole borowes be excused by the onely apparaunce of a Borsholder two foure or sixe other of y â— inhabitants Borsholder is so named of y e saâ—oÌ„ wordes Borber caldor y t is to say the most auncient or elder of the pledges 6 And they claime also that if any tenant in gauelkynd bée attainted of selony for the which hée suffereth Judgement of death the kyng shal haue al hys goodes and hys heire sorthw t after hys death shal be inheritable to al his lands and tenemeÌ„ts which held in Gauelkind in fée and inheritance And he shal hold them by the same seruices customes as hys auncestors helde them whereuppon it is said in Kentish The father to the bough And the son to the plough But this rule holdeth in case of felony and of murder onely and not in case of Treason at alâ— And it holdeth also in case where y e offendor is iustised by order of lawe and not where he withdraweth himselfe after the fault committed will not abyde his lawfull tryall And because that thys custome shal not be coÌ„strued by equity but by a straight and literal interpretation it hath therefore bin doubted whether the brother or vncle shall haue y â— aduauntage therof because the woordes extend to y â— sonne onely See 22. E. 3. abridged by master Brooke tit Custome 54. 7 And if he haue a wife forthwith be shée endowed by the heire if hee be of age of the one halfe of al the landes and tenements which her husband held of Gauelkynd nature in fée to haue to hold accordyng to the forme hereafter declared And of such lands y â— kinge shall not haue the yere nor wast but onely the goodes as is béefore said The wife shall not lose her dower for the default of her husbande but in such case where the heire shal lose his inheritance for the offence of his father 8. Henry 3. 8 And if any manne of Gauelkinde eyther for felonie or for suspicion of felonie withdrawe him out of the countrey and bee demaunded in the countie as he ought be afterwarde vtlawed or put himselfe into the holy church and abiure the lande and the Realme the kinge shall haue the yeare and the wast of his landes and of al his tenementes together with al his goodes and chattels Soe that after the yeare and the day the next Lord or lordes shal haue their Eschetes of those landes and tenements euery lorde that which is immediatly holden of him So is it holden in the bookes 8. E. 2. abridged by master Fitz. ti PrescriptioÌ„ 50. 22. E. 3. abridged by master Brooke ti Custome 54. 9 And they claime also that if any tenaunt in Gauelkinde and bée an inheritor of lands tenemeÌ„ts in Gauelkind y â— al his sonnes shal part y â— inheritaÌ„ce by equal portioÌ„s 10 And if there bee noe heire male let y e partitioÌ„ be made betwene the females euen as betwene bro. But y â— statut of Praerog regis cap. 16. sayeth That the females shall not deuide wyth the males which is to bée vnderstode of such as bée in equall degrée of kynred as Brothers and sisters as in this ix and. x. deuision For if a man haue issue iij. sonnes the eldest haue issue a daughter and die in the life of his father and the father dieth In this case the daughter shalioyne with the two other brethren her vncles for that shée is not in equal degrée w t them as her father was whose heire neuerthelesse she must of necessity be 11 And let the messuage also be departed betwene them but the Astre shall remayne to the yongest sonne or daughter and be the value thereof deliuered to each of the parceners of y â— heritage froÌ„ xl féete from y t Astre if y â— tenement wil soe suffer By this worde Astre is ment as is coÌ„iectured either the hall or chéefe roome of the house â–ª eyther else the well for water or the south side of the buildinge for Astre beeinge sounded without s may come of the latin worde Atrium which signifieth a Hall or of Haustrum whichbe tokeneth the bucket of a wel or of Austrum the south side euery of which haue their particular coÌ„modities aboue the rest of y â— house or tenement Or otherwise being souÌ„ded with s it may be deduced from y e freÌ„ch word Asistre by contraction Astre which is as much as a site or situation and with the article le before it Lester a churchyarde or Court about a house But at this daye there is no such regarde made iÌ„ y â— particioÌ„ but oÌ„ly consideration had that the parts them selues be equal indifferent 12 And then let the eldest brother haue y â— first thoyse and the others afterwarde accordinge to their degrée 13 Likewise of houses which shal bee founde in such messuages let them be departed amongst the heires by equall portyons that is to wéete by foote if néede be Sauinge the Couert of the Astre which shal remain to the yongest sonne or daughter as is beforesaid Soe neuerthelesse that y â— yongest make reasonable amends to his parceners for the part which to them belongeth by the awarde of good men 14 And of the aforesayd tenements whereof one onely suit mas wont to be made before time be there not by reason of y â— particion but one sole suit made as it was before accustomed but yet let all the parceners make contribution to y â— parcener which maketh y â— sint for them 15 In like sortlet y â— goods of Gauelkind persons be parted into thrée partes after the funerals and y â— debts payed if there bée lawful issu on liue so y t y e dead haue one part his lawfull sonnes doughters an other part
y â— hundreth or in the court of his lord where essoine lyeth and that aswell in case of common sute as of plea. Moreouer they clayme by an especiall déede of kinge Henry the father of kinge Edwarde that of the tenements which are holden in Gauelkinde there shal no battayle bée ioyned nor graund assise taken by xii knightes as it is vsed in other places of y e Realme y t is to wit where the tenaunt demaundant hold by Gauelkind But in place of these graund assises let Juries be taken by xii men being tenaunts in Gauelkind so y â— four tenaÌ„ts of Gauelkind choose xii tenaunts of Gauelkynd to be Jurors And y t Charter of the king of this especialty is in the custody of Sir John of Norwood the day of S. Elphey in Caunterbury the yeare of king Edward y e sonne of king Henry the xxi These be the vsages of Gauelkind and of Gauelkindmen in Kent which were béefore the conquest and the CoÌ„quest and euer since till nowe The end of the customes Hauinge thus ended y e custoÌ„es as you sée Brother Nicholas there remayneth nowe to bée shewed what lands w tin this Countrey of Kent be of the nature of Gauelkind and what not First therefore it is to be vnderstanded y t all y â— lands w tin this Shire which be of auncieÌ„t Socage tenure as was said at the béegynnynge be also of the nature of Gauelkind And y â— lands holden by auncient tenure of knightes seruice be at the coÌ„mon lawe are not departible after the order of this custome except certen which béeing holden of old tyme by knyghtes seruice of the Archbishop of CauÌ„terbury are neuer the lesse departible as it may appere by y e booke 26. H. 8. 4. And that grewe by reason of a graunt made by kynge John to Hubert the Archbishoppe there the tenor of which is as followeth John by the grace of God Kyng of Englande â–ª Lorde of Ireland Duke of NormaÌ„dye of Aquitane and Earle of Angieu To all Archbyshoppes Bishops Abbots Earles Barons Justices Shirifes Gouernours and officers and al Bailifes and his faithful subiects gréeting Knowe yée y t wée haue graunted and by this our preseÌ„t Charter haue confirmed to our reuerend and déerely beloued father Hubert Archbishoppe of Caunterbury and hys successors for euer that it shall bée lawfull for them to conuert those laÌ„ds which menne of the fée of the Church of Caunterbury do hold in Gauelkind in to knightes fee. And y t y e same Bishops their successours haue the like power and libertie for euer ouer those men and their heires that shal hold those laÌ„ds so â—â—uerted into knights sée which the Archbishop hath his successors after him shall haue ouer other knights of y e sée of the Church of Caunterbury their heires And that those men and their heires haue the same al such libertie for euer which other knightes of the sée of the Church of Caunterbury and their heires haue Prouided alwayes y t neuerthelesse their accustomed rent of pence be holy payed out of their landes as before time their giftes auerages and other seruices which issued out of the same landes be conuerted into a reÌ„t of pence of like value And y â— y â— same rent be paied as y â— other reÌ„t of pence is Wherefore we wil straightly coÌ„maund y â— whatsoeuer the aforenamed Archbishop and his successours after him shall doe concerninge those landes which are to bée conuerted into knightes fée accordinge to the forme manner aboue written abide ratified and coÌ„firmed for euer Forbiddinge any person to presume against the déed of the Archbishoppe or hys successors in this behalf Witnesse E. Bishop of Ely S. of Bathe G. y â— sonne of Peter Earle of Essex WilliaÌ„ Marshall Earle of PeÌ„brooke Ro. of Harecourt Garine y â— soÌ„ne of Gerald Peter of Stoke Ric. of Reuers Rob. of Tateshal yeuen by y â— haÌ„d of S. Archdeacon vnto WilliaÌ„ at Rupem auriual y â— 4. day of May the third yeare of our raigne But for asmuch as it is disputable whether this Charter of Kynge John be of sufficieÌ„t vertue to change y e nature of Gauelkynde land or no and for that the certeintie of the landes so conuerted into knightes fée doth not any where appere saue onely that in the booke of Aide leuied in this shire Anno 20. E. 3. it is foure or fiue tymes noted that certeine lands in Kent bee holden in knightes seruice by the newe licence graunted to the Archbishoppe this shall suffise for that and it shall followe to be proued that al the landes of auncient tenure in knightes seruice be subiect to the ordinary course of discent at the common lawe And that may sufficiently be done both by the expresse wordes of a note in 9. H. 3. abridged by master Brooke ti Customes 57. and in master Fitzherb ti Prescription 63. And by the opinion of the Justices 26. H. 8. 4. as also by pleyne recital in the act of parliament made 31. H. 8. ca. 3. by which statute the possessioÌ„s of certen gentelmen there were deliuered from this customary discent and incorporated to the common lawe for amongest other thinges in that act it is saied That from thence forth such their landes shal be chaunged from the saied custome and shal discend as lands at the commoÌ„ lawe as other lands being in the said couÌ„ty of kent which neuer were holdeÌ„ by seruice of Socage but alwaies haue bene holden by knights seruice do discende By which words it is very euident that y â— makers of that estatute vnderstoode al lands holden by knights seruice to be of their proper nature discendable after y â— comoÌ„ lawe that Socage tenure was the onely subiect in which thys our custome of Gauelkinde discent preuailed helde place But when mencion is here made of Socage knightes fée it must alwayes be vnderstanded a tenure longe since and of auncyent tyme contynued and not nowe newely or lately created for so it may fal out otherwise then is alreadye reported As for example if land auncieÌ„tlye holden by knightes seruice coÌ„e to y â— Quéens hands whoe afterwarde giueth y e same out againe to a coÌ„on persoÌ„ to be holdeÌ„ of her manor of East Grene within Socage this lande not with standinge the alteration of y â— tenure remaineth disâ—â—dable to y â— eldest sonne only as it was before as also in like sort if lands of auncient Socage seruite come to y e Crowne and be deliuered out agayne to be holden either of the Quéene in Capite or by knightes seruice of any manor it ought to disceÌ„d according to y â— custde not w tstanding y t y e tenure be altered if this be true in the grauÌ„t of y e Quéene her selfe then much lesse may the Archbishope by a newe creation of tenure make to his tenants any alteratioÌ„ of this olde custome maner For as the
pleadinge is That the landes aforesayed are of the tenure and nature of Gauelkynde euen so the truith is that the present tenure onely guideth not the dyscent but that the tenure and the nature together doe gouerne it And therefore as on the one side the custome cannot attache or take holde of that which was not béefore in nature subiect to the custome that is to saye accustomably departed So on the other syde the practise of the custome longe time continued may not bee interrupted by a bare alteration of the tenure as it was holden by the Justices Annd 4. et 5. Phi et Mary as Judge Dalison hath left reported And also as it appereth by the booke 26. H. 8. 4. where it is saied that if a man seysed of Gauelkinde land holden in Socage make a gift in taile and create a tenure in knights seruice that yet this lande must descende after the custome it did before the change of the tenure Moreouer as y â— change of the tenure cannot prenaile against thys custome Soe neyther the continuance of a contrarie vsage may alter this prescription For it is holden 16. E. 3. in Fitz. ti Prescription 52. that albeit the eldest sonne only hath and that for many discents together entred into Gauelkind laÌ„d and occupied it w tout any coÌ„tradiction of the yonger brothers that yet the lande remaineth partible betwene them when soeuer they will put to their clayme Agaynst which assertion y â— which is said 10. H. 3. in Fitzh titulo Prescription 64. namely of the issue taken thus Whether the lande were parted or no is not greatly forceable For al though it be foe that the lande were neuer parted in déede yet if it remayne partible in nature it may bee parted whensouer occasion shal bée ministred And therfore euen in the fourme of pleadinge vsed at this day That the land alwaies c. was partible and parted it is playnelie taken that the worde partible onely is of substaunce and that the worde parted is but a worde of forme and not material or trauersable at al yea so inseperable is thys custome from the lande in which it obtaineth that a contrarye dyscent contynued in the case of the Crowne it selfe cannot hinder but that after such tyme as the land shall resorte agayne to a common personne the fourmer olde custome shall gouerne it As if landes of Gauelkind nature come to the quéens haÌ„ds by purchase or by Eschete as holden of her manor of Dale nowe after her death al her sonnes shall inherite and deuide them But if they come to her by forfaiture in treason or by gift in parliament soe y â— her grace is seised of theÌ„ in right of the crowne then her eldest sonne only which shalbée kinge after her shall enioye them in which case although those laÌ„ds which the eldest sonne beinge kinge did possesse doe come to his eldest sonne after him beinge kinge also and soe from one to an other by sundrye discentes yet the oppinion of Syr Anthonye Browne was 7. Elizabeth that if at any time after the same landes be grannted to a common person they shall reuolt to their former nature of Gauelkynde and be partible amongst his heires males notwithstanding that they haue runne a contrary course in dyuers the discentes of the kings before But much lesse may the vnity of possession in the Lorde frustrate the custome of Gauelkind discent as it may appere 14. H. 4. in y â— loÌ„ge Recordare abridged by master Brooke tit Auowry 46. and tit Customes 19. Nowe followeth to bée spoken howe farre this custome extendeth it selfe within this our Countrey of Kent c. It is commonly taken that the custome of Gauelkynde is generall and spreadeth it selfe throughout the whole Shire into al lands subiect by auncient tenure vnto the same such places only excepted where it is altered by act of parliament And therefore in 5. E. 4. 18. and 14. H 4. 8. it is said that the custome of Gauelkynde is as it were a common lawe in Kent And the booke 22. E. 4. 19. affirmeth that in demaunding Gauelkind land a manne shall not néede to prescribe in certeine and to shewe that the Towne Borough or Citie where the laÌ„ds bée is an Auncyent Towne Borough or Cytie and that the custome hath byn there tyme out of mynde that the landes wythin the same Towne Borough or Citie should discend to all the heires males c. But that is sufficyentlye inough to shewe the Custome at large and to say that the land lieth in Kent and that all the landes there bée of the nature of Gauelkynd For a writ of partition of lands in Gauelkynde sayth M. Littleton shall bée as generall as if the lands were at the common lawe although the declaratyon ought specyally to contayne mencion of the Custome of the Countrey Thys vnyuersalytie consydered and also the strayte bonde whereby the custome is so inseperably knit to the land as in maner nothinge but an act of parliament canne clerely disseuer them it followeth that no place Citie Towne or Borough within this shire can bée exempt from this custome although the same hath not at any tyme byn there put in vre no more then the Eldest sonne in the case before may for the like reason prescribe agaynst his youÌ„ger Bretheren c. Thus much béeyng spoken touchynge the name tenure nature generalty and order of Gauelkynde it shall nowe bee shewed of what quality the rents remaynders actyons and such other thinges of the which some bâ—e issuing out of these laÌ„ds some bée annexed vnto them and some bée raysed by reason of them shalbée And of theÌ„ some shal ensue the nature of the land and other some shal kéepe y â— same course that common lawe hath appointed And therfore if a rent be graunted in fée out of Gauelkynde land it shal discend to all the males as the land it selfe shal do as appereth in 14. H. 8. 5. 26. H. 8. 4. 4. E. 3. But if ii iointenantes of land in Gauelkynde grant a rent charge out of that land to I. S. to his heires And I. S. dieth hauinge issue ii sonnes this reÌ„t shal not disceÌ„d to both y â— sonnes of I. S. but to the heire at the common law because that the custome is in suspence during the ioynture by the opinion of the right worshipfull Christopher Yeluerton Esquire at hys readyng in Grayes Inne in lent An. 1573. So if a tenauncy bée of Gauelkynde nature yet the rent seruyce by which it is holden may discend according to the common lawe as Ald ' Chart ' in 7. E. 3. were of opinion If a remainder of Gauelkind land bée tayled to the heires males they altogether shall inherit as Fitzherbert Norwich thought 26. H. 8. 4. But that is to bée vnderstoode of a discent onely for if landes of Gauelkynde nature be leassed for life the Remaynder to the ryght heires of John Style which hath issue
fower sonnes and dieth and after the lessée for lyfe dyeth nowe the eldest sonne onely of I. Stile shall haue thys land for hée is right heire and that is a good name of purchase 37. H. 8. in master Brooke ti Done et Remaynder 42. But if the landes had byn gyuen to John Stile for lyfe the remaynder to hys next heire male thys had byn an estate taile in John Stile him selfe and then the lande should haue discended to al his sonnes in so much as in that case y e wordes next heire male be not a name of purchase Howbeit it was greatly doubted 3. 4. Phil. et Mariae as Justice Dalison reporteth if a remainder bée deuised by testament to the next heire male whether in that case the eldest brother onely shal haue it in so much as in the vnderstandinge of the lawe whych is a iudge ouer al customes he is the next heire male and therefore inquire of it As touching vouchers it appeareth 11. E. 3. that al the heires in Gauelkynd shal be vouched for the warraunty of their Auncester and not the eldest onely But the opinion of Master Littleton li. 3. cap. 13. and of the Iustices 22. E. 4. is clere y t the eldeâ—â— sonne onely shal be rebutted or barred by the warranty of the auncestour to be short the eldest sonne onely shal enter for the breache of a condition But the rest of the brethren shalbée ioyned with hym in suinge a writte of Attaynt to refourme a false verdict or Errour to reuerse an erronious iugement And they al shal be charged for the debt of their auncestour if so be y t they al haue assets in their handes But if the eldest onely haue assets remayninge and the residue haue aliened their partes then he onlye shal be charged after the mind of the booke 11. E. 3. c. And thus much for this part shal suffice Nowe a woorde or ij of other thinges confusely yet apertaininge to this matter notwythdinge not soe necessarie for your purpose to bée knowen as those aforesayde It appereth in a written report at large of 16. Edwardi 2. which is also partlye abridged by master Fitzherbert titulo Prescription that it was tryed by verdicte that noe manne ought to haue common in Landes of Gauelkinde howbeit the contrarye is well knowen at this day that in many places y e same booke saith y t the vsage of Gauelkinde is that a man may lawfullye inchase or driue out into the high waye to their aduenture the beastes of any other personne that hée shall fynde doynge dammage in his lande and y t he is not compellable to impounde them which thing is practised at this day The parlyament 15. Henrici sexti cap 3. mindinge to amplifye the priuiledges of Gauelkynde graunted to the tenauntes of that lande exemption in Attaints in such sort as the inhabitaunts of auncyent demeane and of the fiue portes before had But within thrée yeares after vppon complaynt of some of the Countrey which enfourmed the Parlyament house that there was not in the whole Shire thirtye or fortye personnes that holde to the value of xx pounde lande out of Gauelkinde who in default of others and by reason of that exemption were continuallye molested by returnes in Attaintes that act was vtterly repealed The statute 14. H. 8. cap. 6. gyueth libertye to euery manne hauing highwaie through hys lande in the welde that is worne déepe and incommodious for passage to lay out another waye in ome such other place of hys lande as shalbée thought méete by the vyewe of two Justyces of the peace and twelue other men of wysdome and discretion The general law made 35. H. 8. 17. for the preseruation of Copeises woodes thorough out the Realme maketh plaine exception of all woodes within this wealde vnlesse it be of such as bée common c. And here an ende of thys matter sauinge that I wil make master Litteltons annswere to such as happelye wil demaunde what reason thys custome of gauelkinde discent hath thus to deuyde lande a monge al the males coÌ„trary to the manner of the whole Realme béesides The yonger sonns sayth he be as good gen telmen as the elder and they beinge a like déere to their common auncestour from whom they claime haue so much the more néede of their freÌ„ds helpe as thorowe their minority they be lesse able then the elder Brother to helpe theÌ„selues c. Gelde GElde that is to bee quite of seruile customes which were woÌ„t to be geeuen and are yet giuen as hornegelde and such like Grithbrech GRithbrech that is the kinges peace broken because Grith in English is pax in latin Hangwite HAngwite that is to be quite of a théefe or relon haÌ„ged without iugement or escaped out of your custody Hariot HAriot is in ii sortes the one hariot Custome the other haryot seruice Hariot seruice some fay is alwaies expressed in a mans graunt or déede that hée holdeth by such seruyce to pay hariot at the time of his death and thys hariot is payable after y e death of the tenaunt in fée simsimple Hariot Custome is where hariotes haue byn payed tyme out of mynde by custome And thys may bée after the death of tenant for lyfe c. But to speake therof generally Hariot is the best beast whether it be horse Oxe or Cowe that the tenaunt had at the tyme of his death And may bée either seysed or a distresse taken for it whether it be hariot seruyce or hariot custome to the Lordes vse of whom the tenaunt held by hys Bailife or other officer béelonginge to hys manour But of right the Lord nor hys officer should not take hariot before it bée presented at the next court holden that the tenant is dead and that such a beast is due to the Lord for his hariot Haybote or Hedgebote HAybote or hedgebote is necessarie stuffe to make and mend hedges which lessée for yeares or for lyfe of common right may take vpon the ground to him leased although it bée not expressed in his lease and although it bée a lease by woordes without wrytinge Haybote also may bée takeÌ„ for necessary stuffe to make Rakes forkes and such like instrumeÌ„ts wherewith men vse in sommer to tedde make hay and so a lessée for yeares tooke it it was allowed him by hys lessor the rather as I suppose for that such instruments are commonly made of slender vnder wood which by the common lawe lessee for yeres may cut and take as is aforesaid Hidage HIdage that is to bée quit if the king shal taxe al the land by hides Note that a hyde of land is a whole ploweland And this kynde of taxinge by hides was much vsed in old tyme as well for prouision of armour as paymentes of money that chefely in kinge Etheldredes daies a kinge in thys Countrey before y e conquest who in the yeare of Christ 1006. when as the Danes landed
hâ—th a â—â—mture made c. and therefore demaunde iudgement of that action or iugement if she shal bee also endowed or any such lyke plea c. and this was the oppinion of y â— right worshipful master Brograue at his reading in Graies June in SoÌ„mer Anno 1576. 18. Eliz. vppon a braunch of the stat made An. 27. H. 8. c. 10. coÌ„cerning iointures dowers And by him of those things whereof a woman may bée endowed she may haue ioynture as of mines vesturam terrâ— woodes Townes Iles meadowes and such like Also of an aduowson of a reuersion depending vpoÌ„ an estate for life of a windmil a high chamber a rectorie and such other and they are called tenemeÌ„ts Also of a villen for hée is an heredytament of all these profet may come to the woman But of those thinges whereof noe profet will coÌ„e but rather a charge a ioynture cannot be made Theft THeft is a deceiptfull taking away of an other mans goods but not from his parson with a minde to steale them a gaynst hys will whose goods they were And theft is in two sorts y e one so called simplie the other pety or little theft The first is where the thynge stollen exceedeth the value of xij d. and y â— is felony The other which is called littel or pâ—tiet theft is where the thing stollen doth not excede y e value of xij d. and that is no felony Lastage LAstage that is to bée quite of a certeine custome exacted in faires any markets for caryinge of thinges where a man will Lessor and lessee LEssor is he that lesseth landes or tenementes to an other for terme of life yeres or at wil and hee to whome the lease is made is called lessee Leuant couchant LEuant Couchant is sayde when the beastes or Cattell of a straunger are come into an other mans ground there haue remayned a certen good space of time so longe that they haue wel fedde also rested them selues Wager of lawe WAger of lawe is when an accion is brought against one w tout especialty she wed or other matter of recorde as an accion of debt vpoÌ„ contract or detinue then the defendaÌ„t may wage his lawe that is to say swere vppon a booke and certaine persons wyth him that hée oweth nothing to the playntife in manner and fourme as hée hath declared But in an action of debt vppon a lease for terme of yeres or vpon the arrerages of accompt before auditors assigned a maÌ„ shal not wage his lawe And wheÌ„ one shal wage his lawe hée shal bring with him vi viii or xii of his neighbours as the court shall assigne hym to swere with him And if at that day assigne he faile of his law then hée shal be condemned Liuery of seysin LIuery of seysin is a ceremony vsed in conueyance of landes or tenemeÌ„ts where an estate in fée simple fée taile or a fréehold shal passe and it is a testimonial of the willing departing from all that which he who makes the liuerie hath in the thinge whereof liuerie is made And the receyuinge of the liuery is a wyllyng acceptance by the other partie of all that whereof the other hath dismissed him selfe And was inuented as an open and notorious thing by meanes wherof the common people might haue knowledge of the passinge or alteration of estates from manne to manne that thereby they might bée the better able to trie in whoÌ„ the right and possession of landes and tenements were if they should be impanelled in Juries or otherwyse haue to doe concernyng the same The common maner of deliuery of seysin is after this sort done If it bée in the open feelde where is no building or house then one that can read taketh the writinge in his hand if the estate shal pas by déed and declareth to the staÌ„ders by the cause of their méetyng there together c. and then openly readeth the deed in English and after that it is sealed the partie who is to depart from the ground taketh the déede in his handes together with a clodde of the earth a twigge or bowe if any there be and all this hée delyuereth to the other partie in the name of possession or seysin according to the forme effect of the déed which before them was there reade But if there bée a dwellynge house or buildinge vpon the land then thys is done there at the doore of the same none béeyng left at that tyme wythin the house and y â— partie deliuereth all the aforesaid together wyth the rynge of the doore in the name of seysin or possession hée that receiueth the libertie entreth in first alone and shutteth to the doore and presently openeth it agayne and letteth them in c. If it be of a house whereto is noe land or ground the liuerye is made and poss taken by the deliuerie of y â— ringe of the doore déed onely And where it is without déed either of landes or tenementes there the partie declareth by word of mouth béefore wytnesse the estate that hée meaneth to depart with and then deliuereth seysin or possession in maner as is before sayâ—e and so the land or tenement doth passe as well where there is no déede as by déede and that by force of the lyuerie of seysin It was agreed in Grayes Inne by the right warshipful master Snagge at his readyng there in SoÌ„mer an 1574 that if a feoffour deliuer the viewe of the land in name of seysin that it is good because that hée hath a possessyon in him selfe But otherwyse yt is of an atturney for hee must goe to the lande and take possession him selfe béefore that he can gyue possession to an other accordinge to the words of hys letter c. And where liuerie of seysin is by viewe if the feoffée doe not enter after c. nothynge passeth for hée ought to enter in déede Lotherwite LOtherwite that is y â— you may take ameÌ„des of him which doth defile your bondwoman without your licence Mahim or maim MAhim is where any meÌ„ber is hurt or takeÌ„ away whereby y e party so hurt is made vnperfect to fight As if a bone bée taken out of the hedde or a bone bée broken in any other part of the body or a foote or hand or finger or ioynt of a foote or any member bée cut or by some wound the sinewes bée made to shrinke or other member or the fingers made crooked or if an eye bée put out or the foretéeth broken or any other thinge hurt in a mannes body by meanes whereof hee is made the lesse able to defend him selfe But the cuttinge off of an eare or nose or breaking of the hinder téeth or such like is no may â–ª him because it is rather a deformity of y e body theÌ„ diminishing of strength And if the Justyces stand in doubt whether the hurt be a maihim or not they vse and wil of their
it should come in y ◠sence as wée there take it For accordinge to the proper significatiō mulier is a defiled woman like as it is vsed by vlpianus in a certen place after this sort if I thought that I had bought a virgin when it was a defiled woman the bargayne was not good Hereby you may sée y t multer is a woman that hath had y e company of a man But to leaue the right signification Mulier is taken in our law for one that is lawfully begotten and borne and is alwayes vsed in comparison with a bastarde onely to shewe a difference betwene thē as thus for example A man hath a sonne by a woman before mariage that issue is called a bastard and vnlawful And after they entermary and haue an other sonne this second sonne is called mulier that is to say lawfull and shalbée heire to hys father but that other cannot bée heire to any manne because it is not knowen nor certen in the iudgement of the lawe who was hys father and for that cause is sayd to bée no mannes sonne or y e sonne of the people and so wythout father according to this old verse To whom the people father is to him is father none and all To whom the people father is wel fatherlesse wée may him cal And alwaies you shal find this addition to thē bastard eldest mulier yongest when they bée compared together Murder MUrder is a wilful killinge of a man vppon malice forethought and seemeth to comeof the Saxon woord Mordren which so signifieth And Mordridus is the murderer euen vntil this day amonge them in Sexonie from whence wée haue most of our words as hath byn often said Negatiua preignans NEgatiua preignans is when an action or information or such like is brought against one and the defendant pleadeth in barre of the actyon or otherwyse a negatiue plea whych is not soe specyall an answere to the actyon but that it includeth also an affirmatiue As for example if hée in reuersion enter vppon tenant for life supposinge that hée hath aliened in fee which is a forfaiture of hys estate and the tenaunt for life saith that hée hath not aliened in fée this is a negatyue wherein is included an affirmatiue for although it bée true that he haue not aliened in fée yet it may bée that hée hath made an estate in tayle whych is also a forfayture and then the entry of hym in the reuersion is lawefull c. Also in a Quare impedit the Quéene makes tytle to present to a Prebende for that the Temporaltyes of the Bishoprick were in her hāds by the death of W. late Bishop c. The defendant saith that it was not voyd being the temporalties in the Quéens handes by the death of W. this is a negatiue preignans for it may bée in the Quéenes hāds otherwyse then by the death of W. and it suffiseth the Quéene if it bée in her handes by any meanes c. Soe it is where an Information was brought in the Cheker against John Stile for that he bought wooll beetwéene shering time and the Assumptyon such a yeare of John N. The defendaunt sayth that hée dyd not buy any of John N. as it is alledged c. this is called a negatiue preignans for if he bought it of any other yet hée is culpable for the buyinge Niefe NIefe is a womā that is bonde or a vyllen woman but if shée mary a frée manne shee is thereby made frée for euer although y t her husbande die and she suruiue hym because that shée and her husband are but one person in lawe and shée ought to bée of the same nature and condytion in law to al intents that her husband is But her husband is frée to all intentes without any condityon in lawe or otherwise and so by consequens the wife ought to bée and is frée according to y ◠nature of her frée husband then if she were once frée and clerely discharged of bōdage to al entents she cānot be niefe after w tout especial act done by her as diuorce or cōfessiō in court of Record and that is in fauour of liberty therefore a frée woman shal not be bounde by taking of a villē to her husband But their issue shal bée villens as their father was which is contrary to the Ciuile lawe for there it is said y ◠birth followeth the belly Bōdage or villenage had beginninge amonge y ◠Hebrewes his original proceding of Canaan y ◠sōne of Cham who because that hée had mocked his father Noe to scorne lying desolutly whē he was drunke was punished in his sonne Chanaan w t penalty of bondage Nihil dicit NIhil dicit is when an action is brought against a man the defēdant appéeres the plaintife declares the defendant wil not aunswere or pleades to the action doth not maintaine hys plea but makes defaut nowe vpon this defaut he shal be condemned because he saith nothing Nomination NOmination is where one may in right of his maner or otherwise nominate and appoint a worthy clarke or man to a personage vicarage or such like spiritual promotion Nonabilitie NOnabylitye is where an action is broughte against one and the defendaunt saieth that the playntife is not able to sue any action and demaundeth iudgement if hée shal bee aunswered There are vj. causes of nonability in the pleintife as if he bée an outlawe or an alien borne but that dysabilitye is in actiōs reales and mixt onely and not in actyons personalles except hee be an alien enemye or condempned in premunire or professed in religion that is to saye the Roomish religion or accursed or a villen and sueth hys Lorde but this last is noe ple for an other y ◠is not lord to the villen Bare or naked Contract BAre Contract or naked promise is where a manne bargaineth or selleth his lāds or goods or promiseth to geue to one money or a horse or to builde a house or doe such a thinge at such a daye and there is no recompence appoynted to him for the doinge therof As if one saye to an other I sel or geue to you al my landes or goodes and there is nothing appoynted assigned or agréed vppon what the other shal giue or pay for it so y t there is not one thinge for an other this is a naked contract and voyde in lawe for not perfourmaunce thereof noe action lyeth for of a naked cōtract commeth noe action Oredelfe O Redelfe is where one claimes to haue y ◠ore that is founde in his soile or ground Outfanthefe OUtfangthiefe that is y ◠theues orfelōs of your lād or fée out of your lād or fée taken w t felony or a stealing shal be brought backe to your court and there iudged Owelte OWelte is when there is Lorde mesne tenant and y e tenaunt holdeth of the mesne by the same seruices that the meane
holdeth ouer of y â— lorde aboue him As if y â— tenaÌ„t hold of y â— mesne by homage fealty xx s. of reÌ„t yerely y e mesne holdeth ouer of y e lord aboue by homage fealty xx s. rent also this is called owelty of seruices Hearing of Recordes and deedes c. HEaringe of Records déeds is if for example an actioÌ„ of det be brought against a man vppon an obligation and the defendant appéeres to the action and then praieth y t he may heare the obligatioÌ„ where with the plaintife chargeth him Soe it is when as executors bringe an action ofdet and the defendant demaundeth to heare the testament vpon this demaund it shal be read vnto the desendaunt But if it be in an other â—erme or after y â— the defendant hath imparled then hée shal not heare it And soe as is sayed of déedes is to be vnderstoode of recordes that are alleged against him Pape PApe is an auncyent name falsely arrogated or proudly vsurped by y e Bishop of the only Citye of Roome in Italie and is commonlye englished the Pope a name truely much frequented in our auncyent yere bookes specially in the times of those kings who to much abaÌ„doning their emperiall aucthoritie and abasinge themselues far beneath their estate were not a shamed to suffer an alyen outlandish Bishop that dwelt aboue fiftéene huÌ„dred miles from them to bee soueraigne ouer them in their owne dominions and to take froÌ„ them not onely the disposition of certen small trisles of none accompt but also the nomination of Archbishoppes Bishops Abbots Deanes prouosts appropriations of benefices preseÌ„taâ— ' to personages vicarages generally of al spirituall persons to their preferments sometymes by lapse and sometimes otherwise whereby the kings princely prerogatiue was very much abridged w tin their owne Realmes Partition PArtityon is à deuyding of laÌ„ds disceÌ„ded by the coÌ„mon law or by custome amoÌ„g coheires or parceners wher there be ii at y â— least whether they bée sonnes daughters sisters auÌ„tes or otherwyse of hyn to the auncestour from whom the laÌ„d discended to theÌ„ And this particion is made iiij wayes for the most part wherof thrée are at pleasure and by agreement among them the fourth is by compulsion One particyon by agréement is when they them selues deuide the lande equally into so many partes as there bée of them coparceners each to choose one share or part the eldest first so y â— one after other as they bée of age except y â— the eldest by consent make the particion then the choise belongeth to y â— next and soe to the eldest last accordynge as it is saied Whoe so maketh the partition the other must haue the choyse An other partition by agreement is wheÌ„ they choose certen of their frends to make diuision for them The third partition by agréement is by drawing of lots thus first to deuide the land into so many parts as there bée parceners then to writ euery part seuerally in a little scrolle or peece of paper or parchment and to put the same scrolles vp close into a hat cap or other such like thing and then each parcener one after an other as they bée of age to drawe out thereof one peece or scrolle wherein is written a part of the land whych by thys drawinge is nowe seuerally allotted vnto them in fée simple The fowerth partition which is by compulsion is when one or some of the coparceners would haue partition and other some wil not agrée there to TheÌ„ they y â— so would haue partitioÌ„ may bring a writ de partitione facicienda against y â— others that would not make partition by vertue whereof they shalbée compelled to depart c. Wée in Kent Brother Nicholas where the landes are of Gauelkynd nature cal at this day our partition Shiftinge euen y â— very same woord that the Saxons vsed namely Scystan which signifieth to make partitioÌ„ betweene coheires and to assigne to each of them their portion in latyn it is called Herciscere Parties PArties to a fine or déede are those that leuie the same fine and also they to whom the fine is leuied And they that make a déede of feoffement and they to whoÌ„ it is made are called parties to the déede and so in any other like cases Patron PAtron is hée that hath a parsonage vicarage frée chappel or such like spiritual promotion béelongynge to his maner and may or ought to gyue the same beneuÌ„ce when and as often as it falleth voyd And thys beynge patron or patronage had beginninge for the most part by one of these three wayes namely either by reason of the foundation for that the patron or hys auncestours or those froÌ„ whom he claimes were sounders oâ— builders of the Church or by reason of Dotation for y â— they did endowe or giue iaÌ„ds to the same for mayntenaunce thereof or els by reason of the ground because the Church was set or builded vpon their soyle or ground many times by reason of them al three Perquisites PErquisites are aduaÌ„tages and profits that coÌ„e to a manner by casualtie and not yearely as Escheates Heriots Reliefes waifes straies forfaytures amercementes in Courtes wardes mariages goods and landes purchased by villaines of y e same manor and diuers such like thinges that are not certen but happeÌ„ by chaÌ„ce sometimes more often then at other times Plaintife PLayntife is hée that sueth or complaineth in an ass or in an action personal as in an action of det trespas disceit detinue and such other Pledinge PLeding is y â— which coÌ„meth after y â— couÌ„t namely y â— which is contayned in the barre replication and reioynder and not that contayned in the count it selfe and therefore defauts in the matter of the Count are not comprised within mispleading or insufficient pleading nor are remedied by y t statute of Jeofailes But onely that mispleading or insufficient pleading committed in the barre replication and reioynder are there prouided for Pound POundes are in two sortes the one pounds open the other poundes close Pounde open is euery place wherein a dystresse is put whether it bée coÌ„mon pound such as are in euery Towne or lordship or whether it be backside Court yard pasture or els whatsoeuer where the owner of the distresse may come to geue them meat and drinke without offence for their beinge there or his comming thither Pounde Close is such a place where the owner of the distresse may not come to giue them meat and drinke wythout offence as in a close house or whatsoeuer els place Possession POssession is saied two wayes eyther actuall possession or possession in lawe Actual possessioÌ„ is wheÌ„ a manne entreth in déed into lands or tenements to him disceÌ„ded or otherwise Possession in lawe is wheÌ„ laÌ„ds or tenemeÌ„ts are discended to a man and hee hath not as yet really actually and in déede entred into them And it is called possession in
in liberum maritagium bée al vtterly voyd so that y â— tenure shalbée intended after the tenure in the common taile And note wel that the gift in franke mariage hath a condition annexed to it notwithstanding that it be not openly declared in the déede of the gift as it appereth by the statut of westinÌ„ second ca. primo de Donis coÌ„dicionalibus And note wel that a manne shall not géeue landes nor tenementes in frankemariage but where the womanne is priuie of bloud to the donour â— else the mâ—â—â—e nor the womaÌ„ shal haue no other estate by the feoffement but for term of life Frank almoigne To holde in franke almoigne is to hold landes or tenements for to serue Godde and holye Church to endow without doynge any other manner of seruice And note well that in thys case the donor is mosne and oughtto acquite him fréely against the chiefe Lorde and also they that holde in frankealmoigne shall doe no fealtie but they that hold in franke mariage shall do fealtie Elegit To hold by Elegit is where a manne hath recouered debt or dammage by a writ against another or by confessyon or in other manner hée shal haue within the yere against hym a writte Judicial called Elegit to haue execution of the halfe of al his laÌ„ds and cattels except oxen and bestes of the plowe tyll the debt or dammages hée vtterly leuied or payed to him duringe the terme hée is tenant by Elegit And note wel if hee bée put out within y e terme he shall haue assyse of nouell disseysin and after a redisseisin if néede be and thys is géeuen by the statut of Westminster 2. ca. 18. and also by the equity of the same statute he that hath his estate if hée bée put out shall haue assise and a redisseisin if néede be and also if hée make his executours and dye and his executours enter and after be put out they shall haue by the equity of the same statute such action as hée hym selfe before said but if he be put out after make hys executours and dye his executours may enter and if they be stopped of their entre they shall haue a writte of trespas vpon their matter and case And note well if hée do wast in al the lande or parcell the other shall haue against him immediatly a writte Judicyall out of the first recorde called a venire facias ad computanduÌ„ by which it shalbée inquired if hée haue leuied all the money or parcel and if he haue not leuied theÌ„ money then it shal be in quired to how much the wast amounteth and if the wast amount but to parcel then asmuch of y e mony as y e wast amouÌ„teth shalbée abridged of y â— foresaid money which was to be leuied But if he haue done more wast then the foresaid summe of money which was to be leuied amounteth the other shall bée discharged by and by of all the said money and shal recouer the land and for the superfluity of y â— wa st made aboue that that amounteth to the sayde summe hée shal recouer his daÌ„mages single and the same lawe is of hys executours also of him that hath his estate And note that if hée alien in fée or for terme of life or in tayle all or parcell of the laÌ„d which he holdeth by Elegit if y â— alienation bée made w tin the terme or after hée which hath right shalhaue against hi one assise of nouel disâ—cisine And they both must be put in the auâ—se the alienor and the alienée and notwythstandinge that the alienour die preseÌ„tly yet he which hath right shal haue an assise against the alienée alone as if the alienour had bene a playne tenant for terme of yeres and that is by the equitie of the statut of W. 2. cap. 25. for that that he hath not but a chattel in effect and the same law is of his executours and of him which hath hys estate as is aforesaid And note wel that in an Elegit if the shirife retorne y â— he had nothinge y â— day of there conusance made but y â— he purchased lands after the tyme then the partye plaintife shal haue a newe writto haue execution thereof the same lawe is of a statute merchaunt And note wel that after a fiery facias a maÌ„ may haue the Elegit but not contrary wise for soe much y â— the Elegit is of more higher nature then thefieri facias And note wel that if a man recouer by a writte of debt and sueth a fieri facias and the shirife retourne that the party hath nothig where of hee maye make grée with the party then the plaintife shal haue a capi as sicut alias and a pluries and if the shirife retourne at the capias mitto vobis corpus and hée haue nothinge whereof hée may make grée to y â— party he shalbée sent to the prison of the Fléet there shal abide tyll hée haue made agrement w t the party if y â— shirife retourne non est inuentus then there shall goe forth an exigent against hym And note wel y â— in a writ of debt brought against a personne of holy church which hath nothinge of lay fée y â— shirife retourneth y â— he hath nought by which he may be summo ned then shall the plaintife sue a writ to the Bishop that hée make hys clerke to come and the bishop shal make hym â—o come by sequestration of y â— church And note wel y â— if a man bringe a writ of debt recouer make his executors dieth they shal haue executioÌ„ not w tstanding y â— it be within y â— yere by a fieri facias Statut merchant 6 To holde by Statute merchaunt is where a man knowlegeth to pay certayne money to another at a certaine day before the maior bailife or other wardeÌ„ of any town y t hath power to make execution of the same statute if y e obligée pay not y â— debt at y e day nothing of his goods lands or tenementes may be found within the warde of the maior or warden béefore saied but in other places without theÌ„ y e reconisée shal sue the reconisaunce obligatioÌ„ w t a certification to the chauncery vnder the kinges seale he shal haue out of the chauÌ„ cery a capias to y e shirife of y e couÌ„ty where he is to take him to put hym in prison if hée bée not a clarke til hée bée not a clarke til hée haue made gréement of y e debt And one quarter of the yere after that that hée shalbée taken hée shall haue his laÌ„d deliuered to himselfe to make gree to y e party of the debt he may selit while he is in prison and his sale shal be good law ful And if he do not grée w tin a quarter of a yere or if it be retourned that he be not
fouÌ„d then y â— reconisée may haue a writ of the chauncery which is called Extendi sacias direct to al shirifs where hée hath landes to extende hys landes and goods to deliuer y e goods to him and to seise him in hys landes to holde them to him and to hys heires and his assignes til that the debts be leuied or payed and for that tyme hée is tenaunt by statut merchaunt And note wei that in a statute merchaunt the reconisée shall haue executyon of al the landes which the reconisour hadde the daye of the reconisaunce made and any tyme after by force of the same estatute And note well that when any waste or destruction is made by the reconisée his executors or by him that hath estate the reconisour or his executours shal haue the same lawe as is before sayd of the tenant by Elegit And note wel if the tenaunt by statut merchaunt holde ouer hys terme he that hath right maye sue against him a venire facias ad computandum or els enter by by as vppon tenaunt by Elegit ¶ There be thrée maner ofrents that is to saye rent seruice rent charge and rent secke Rent seruice is where a manne holdeth of an other by fealtie and for to doe suit to his court and yelding to him a certaine rent by the yere for all manner of seruices ¶ And note wel that if the Lorde be seised of the seruice rent before said they be behinde and he distraine and the tenant rescue the dystresse hée may haue Assyse or a writte of rescous but it is more necessarye for hym to haue assyse then a writ of rescous for that by assise he shal recouer his rent his damages but by a writte of Rescous hée shall not recouer but the thynge and the dammages ¶ And note well that if the lorde be not seysed of the rent and seruyce and they bée behynde and hee dystrayne for them and the tenaunt take againe the distresse hee shall not haue assise but a wrytte of Rescous aud shal not néede to shewe bys right And note wel that if the Lord distreine his tenaunt in socage for knights seruice whiche is not denyed him auowe for y â— same seruice in court of record he shal be charged by the same seruice by Fynch termino Hillarij Anno xlvj And note well y â— if the Lord may not find a distresse by two yeare hée shal haue against the tenaunt a writte of Cessauit per biennium as â–ª it appereth by the statute of Westm 2. cd 21. And if the tenant dye in the meane time and his issue enter the Lord shal haue against the issue a writ of entre vpoÌ„ y â— Cessauit or if the tenaunt alien y â— lord shall haue against the alienée the foresayd writte But if the Lorde haue issue and dye and the tenaunt bée in arrerages of the sayde rent and seruice in the time of the father of the issue not in the time of the issue he may not distrain for y â— arrerages in y â— time of his father and hee shal haue none other recouery agaynst the tenaunt or any other for that that such aduantage is géeuen by the lawe to the tenaunt And note well that rent seruice is that to the which belongeth fealtie but to rent charge rent seck belongeth not fealtie but it belongeth to reÌ„t seruyce of common right Rent charge Rent charge is where a man grauÌ„teth certaine rent going out of hys lands or tenemeÌ„ts to another in fée simple or in fée taile or for terme of life by déede vpoÌ„ condition y t at what time the rent bée beÌ„ehinde it shall bèe wel lawefull to the grauntée to hys heires or assygnes or distrayne in the same laÌ„ds or tenementes And note wel that if the rent be behind it is wel lawful to the grauntée at his election to haue a writte of annuiâ—y or els he may distraine and if the distresse bée taken agaynst his will from him and he was neuer seised béefore he hath noe recouery but by writ of Rescous for y e distresse first taken geueth not to him seysin onely if hee haâ— the rent beefore for if he were seysed of the rent before and after the rent bée behind and hée dystraine rescous to hym bée made hee shall haue assise or a writte of rescous And note wel that in euery assise of reÌ„t charge and annuell rent or in a wrytte of annuitie it béehoueth to him that bringeth the writte to shewe forth an especialty or els he shall not maintaine the assise but in a Mordauncestour or formedon in the discender or other writs in the which title is geuen or comprised brought of rent charge or annuell rent it néedeth not to shewe especialtie And note well that if a maÌ„ grauÌ„t a reÌ„t charge to an other y â— grauntée purchase the halfe of the land whereof the rent is going out all the rent is extinct and if the grauntée release to the grauntour parcell of the rent yet al the rent is not extinct But in reÌ„t seruice the lawe is otherwyse for notwithstandinge y â— y â— Lorde hath purchased y â— halfe of y â— laÌ„d wherof y â— rent is going out yet y â— rent is not extinct but for the halfe the cause of the diuersity is that rent seruice may bée seuered to one portion but not rent charge And note wel that if rent charge be graunted to two ioyntly and the one release yet the other shall haue the halfe of the rent And also if one purchase the halfe of the lande whereof the rent is goyng out the other shall haue the halfe of the rent of hys companion And if the disseysour charge y â— land to a straunger and the disseisie bringe an assise and recouer the charge is defeated But if hée that hath right charge the lande and a straunger faine a false action against him recouer by defaut the charge abydeth And note wel that in case that purparty bée béetwéene two parceners and more land bée allotted to one then to the other and shée that hath more of the lande chargeth her land to the other and shée happeth the rent shée shal mainteyne assyse without especialty And if y â— grauÌ„tée haue in fée simple or in fée tayle and hath issue and dieth if the issue bringe a formedon or assise of mordauncester hée shall neuer bée charged to shewe an especialty Rent secke Rent secke is where a man holdeth of me by homage fealty other seruice yeldyng to mée a certaine rent by y e yere and I graunt this rent to another reseruinge to mée the seruice And note wel that in rent seck if a man be seised of the rent and the rent bée behind hée may not dystrayne but hee shall haue assise of nouel disseisin And note well that if rent secke be graunted to a manne and to hys heires and the
poet loyalment passe sil y ad quid pro quo come si la soit vn pont ou tyel seÌ„blable coÌ„modity puruieu al costes et charges del vill ' pur le ease d' trauailers que chase mÌ„ voy per q' lour iourney est ou abrydge ou fait l' meliour pur que donques ne poet tolle este dd ' loialmeÌ„t et oue bon reason de eux c. Mes diuÌ„s cyttizens et burgesses soÌ„t quite de pay tolle ê‘ le graunt del roigne ou sa auÌ„cestors ou claimÌ„ ceo per prescriptyon ou custoÌ„e Issint auxy espirituall persons et religious homes comÌ„ ils fuerount appels fueront quite de tolle pur lour byeÌ„s et marchaundyses achate et vendus c. Mes a ore le statute de Roy H. 8. voet que ils ne marchaÌ„diser sed quaere si lentent de ceÌ„ statute soit obserue ent ' eux al ceÌ„ iour ou nemy ascuns diont que non Item tenauÌ„ts en aunc ' demÌ„ doieÌ„t este quite per tout le realme de payer tolle coÌ„e appiert deuant en le title Sokemans Et en touts ceux cases ou tol est deeÌ„dd ' ou il ne doit este pay de eux qÌ„ doient aler achate et vend ' quite de tolle la le partye ou partyes greeue poyeÌ„t auer vn briefe de essendi quietum de Tolonio enuers luy ou ceux que issint demaunde tolle contra al graunte le Roygne ou sa progenitours ou contra al custome ou prescription Tourne del viscount TOurne del viscouÌ„t est vn court de record en touts choses qÌ„ ê‘tain al tourne Et eÌ„ l' leete l'Roigne ê‘ tout le county et le vicont est iudge Et quecunque ad vn leete ad mÌ„ le aucthority deins le precinct sicoÌ„e le vic'ad deins le tournÌ„ Treasure troue TReasure troue est quant ascun mony â—re argent plate ou bolioÌ„ est troue en ascuÌ„ lieu nul conust a que le property est donques le propertie de ceo appertyent al Royne et ceo est dyt treasure troue Mes si ascun mineral de mettal soyt troue en ascun terre ceo toutes foites pertient al seigniour del soile forsque que il foyt mineral de ore ou de argent queux serrount toutes foits al Roigne en quecunque soile qÌ„ ils sont troues Viewe VIewe est quant ascun action real est port et le tenaunt ne scauoit bieÌ„ quel terre il est que le demaundant demauÌ„de donque le tenant priera la vievve s. qÌ„ il puit voier le terre que il claima Mes si le tenaunt ad ewe le vievve en vne briefe et puis le briefe est abatus per mysnosmer de ville ou per iointenure et puis le demaundaunt port vne tyel briefe vers le tenaunt donques le tenaunt nauera le viewe en le second briefe Viscount VIscouÌ„t eÌ„ vn magistrate et officÌ„ d'grauÌ„d aucthority qÌ„ noê° coÌ„munemÌ„t appellomus Shirife ou d' ê‘ler plê° veraymÌ„t Shire reue et fuit al primes appel Shire gereue cest a dire custos comitatus ou l' reue ou ruler del county car Gereue esteaÌ„t deriue del Saxon paroll Gereccan pur ruler fuit al pÌ„mes appel Gerecfa et doÌ„ques Gerefa que betoken vn ruler Et de ceo vient Portreue ou Portgereue vn nosme qÌ„ en viel teÌ„ps fuit don al chiefe officer dun ville et signifie le gouernour del ville pur c'que Port veniens de le Latyne parol Portus signifie vn port ville Et Gereue esteát deriue coÌ„e est auantdit signifi vn ruler issint que Portgereue ou coÌ„e nous a ore briefemÌ„t parle cÌ„ Portreeue est le gouernour del ville Et issint fuit le chief officer ou gouernour del citty de London longe teÌ„ps past deuaÌ„t que ils ad le nosme de Maire ou Bailife appell coÌ„e il appiert en diuers viel monumÌ„ts mes principalmeÌ„t en le Saxons charter de Guillam Bastarde le conquerour que issint commence William Cyng greit Will ' Bisceop And Godfrey Ges port Gerefan dalle tha Burwaren the on LouÌ„deÌ„ beon Issint ils de Germany de q' noê° et nostr ' laÌ„guage enseÌ„ble primÌ„mÌ„t vieÌ„t appel ent'eux vn gouernour Burgreue vn auter Margreue et vn aut'LaÌ„dsgreue oue tiels seÌ„blables c. Cest tant est dit taÌ„tsolemÌ„t pur mr'e le droyt Etymon et antiquitie del paroll Shirife a quel officer nr ' coÌ„moÌ„ ley ad touts soits accordant done graÌ„d coÌ„fideÌ„ce et aucthoritie come de estre vn special pÌ„seruer del peace et pur cÌ„ toutes obligatioÌ„s q'il prist a mÌ„ le purpose souÌ„t coÌ„e Recognisaces en ley Il auxi est vn Iudge d' record qnÌ„t il tient les leetes ou tournes les qÌ„ux soÌ„t courts d' rec ' Item il ad le returne des br'es et impanelling de iuries et tyels semblables c. Voucher VOucher est qnÌ„t vn Prec ' qd ' redd ' de terre est porâ—e vers vn home vn auter doit garraunty le terre el tenaunt donques le tenaunte luy vouchera a garrauntie sur ceo il auera vn briefe appel summonias ad vvarrantizandum si vycount retourne que il nad ryens que il puyt este somÌ„ donques issera briefe appel sequatur sub suo periculo quaunt il vienâ—â—l pleder ' ouesque le demaundaunt si il vient ne puyt barre le demaundant donques le demaundant recouera la terre vers le tenant le t' recouera tant de t're in value vers le vouch et sur c ' il auÌ„a vn briefe appel capias ad valentiaÌ„ agaynst the vouch Vses VSes of lande had béeginninge after that the custome of property béeganne amonge menne As where one beeinge seysed of lands in fee simple made a feoffement to an other without any consideration but onely meaninge that the other should be seised to his vse and that hée him selfe would take 〈◊〉 â–ª commoditie and profites of the landes and that the feoffée shoulde haue the possession and franketenement thereof to y â— same vse c. Nowe after thys vppon good consideratyons and to auoyde dyuers mischiefes and inconueniences was y â— statÌ„ statut d' An. 27. H. 8. cap. 10. puruieu quel vnite le vse et possession ensembl ' issint qÌ„ il qÌ„ ad le vse de t're il mesme ad le possessioÌ„ de ceo per vertue de cest estatute Vsurie VSurie est vn gayne de ascuÌ„ chose ouster le pryncipall ou ceo que fuit lent exact solement en consideratioÌ„ de le loane soyt il de corne vyand ' apparel wares ou tyels semblables come de money Et icy mult puit estre dit et diuers cases poyent estre mise concernant