as is he that hath a free holde at the common law but the determination of this question I remit to my great maysters which caÌ„ solue the knottes and enigmaes of the lawe For asmoche as yet styl of this matter Causidici certant adhuc subiudice liâ— est ⧠Also ye shall vnderstand that the vsage of some Manour is when the tenaunte wyll surrender his land to the vse of an other that he shall take a wande in his hande and deliuer it to the stewarde of the court and the stewarde shal deliuer the same wand in name of seisin to him that shall take the lande and suche a tenaunte is called tenaunte by the verge Diuerse other customes there be of surrendryng of copy hold landes which here for tediousnes I wyll omytte And forasmoch as tenauntes by custome of the Manoure haue by the course of the common lawe no free holde therfore they be called tenauÌ„tes of base tenure Hytherto I haue treated of the first membre of oure diuision that is to wytte of chatelles for as I sayde all leases for terme of yeres and at will be accoÌ„pted in the law but as cateles and be comprysed vnder that name saue that they be called cateles reals where as kyne oxen horses moneye plate corne and suche lyke be called chatell personalles Nowe we wyll procede to thexplanicioÌ„ of the second membre that is to say of free holdes ⧠A diuision of free holdes FRee holdes or franke tenemeÌ„tes a man may haue in suÌ„dry wyses for ether he is seased for terme of his owne lyfe or for terme of an other mans life Yf he be sesed for terme of his owne life either he haue gotten such estate by way of purchase or els the law hath entiteled him therunto I call it by purchase whether he commeth vnto it by his owne barganing and procuremeÌ„t or by the gyft of his frende and I call it by the operation and intitelynge of the lawe whan a man maryeth a woman that is an in heritres and hath issue by her and she dyeth nowe shal he haue the landes durynge his life by the course of the lawe and shal be called tenaunte by the curtesye of Englande In likewise yf a man be seased in feâ— simple or fee tayle of landes and taketh a wyfe and he dyeth the law giueth vnto the wyfe the thyrde parte of her husbandes laÌ„des for terme of her life and she shal be called tenauÌ„t in dower ⧠Tenaunt for terme of life TEnaunte for terme of life is he that holdeth landes or tenemeÌ„tes for terme of his owne life or for terme of an others lyfe Howe be it the most frequent and common maner of speakynge is to call him that hath estate for terme of his own life tenaunte for life and him that hath estate for terme of an others life tenaunt pour terme dautre vie that is to saye tenaunte for terme of an others life Ye shal note that like as he that maketh the lease is called the lessoure he to whome the lease is made is called the lessee so he that maketh a feffement is called the feffoure and he to whome the feffement is made the feffee Also if tenaunte for terme of lyfe or tenaunte for terme of an other mans life do wast the lessour or he in the reuersion shall maynteyne very wel an action of waste agaynste hym and shall by the same recouer treble damages Finally ye shall vnderstand that by an acte of parliameÌ„t made in the xxvii yere of oure Souerayne lorde that now is king Henry the eight it is enacted that no free holde nor estate of inheritance shal passe ne take effecte but by dede indented sealed enrolled in one of the kynges courtê at Westmynster or els wythin the same countie where the lande dothe lye as by the sayd acte more at large appereth ⧠Tenaunt by the curtesi TEnaunt by the curtesye of Englande is he that hath maryed a wyfe inherited and hath had issue by her and she is deade in this case the lawe of Englande permytteth and suffreth the husbande of suche wyfe to reteyne all his wyues landes that she had either in fee simple or fee tayle so longe as he lyueth And this is by the curtesye and vrâ—anitie of Englande for this thing is vsed in none other region But in thys case it is requyred that the chylde ve vitall that is to saye be borne and broughte forth iâ— to this worlde aliue and therfore the common sayeng hath bene that onles the chylde be harde crye the father shall not be tenaunte by the curtesye for the onelye proue and argument of lyfe in an infaunt new borne is the vagite and cryenge Ye shal furthermore vnderstand that onlesse the husbande be in actual and reall possession of his wyues landes seased of them in her right he shall not be tenaunte by curtesye after her death And therfore yf landes descende to a mans wyfe so that she is tenaunt in the lawe and to euery mans accion yet if the husbande haue not made an actuall entreedurynge the couerture and matrimony betwene theâ— he shall not be tenauÌ„â— by the curtesye for it shall be reputed and iugged his foly and negligence that he wolde not entre in her lyfe tyme. Otherwyse it is of aduousons â—â—Ì„tes and such other thynges which forthwyth when they descende be in a man or woman wythout any entre or further ceremonye of lawe Note that if tenaunte by the curtesye of England wyl suffre or make any wast in the landes or tenemeÌ„tes that he so holdeth he is punyshable therfore by action of wast Also it is to be knowne that of thinges that be in suspense a man shall not be tenaunt by the curâ—â—sye and therfore yf a man be the tenaunt in fee simple of certayne lande and doth entremary wyth a woman that is the seignoresse or lady of the same and hath issue by her and she dyeth yet he shal not be tenaunt by the curtesye of the lordshyp of seignorye bycause himself is tenaunt of the land and therfore the lordeship is suspended for the time for a man can not be both lorde and tenaunt of one thing but if he had not bene tenaunt of the lande he shulde haue had the lordeshyp after the deathe of his wyfe by the curtesie of Englande very well Of tenaunt in dower TEnaunte in dower is she that hath bene maried to an husbaÌ„d that was during the matrimony betwene them seised of landes â–ª or 〈◊〉 in fee simple or fee tayl â–ª which is nowe dede and she seased of the thyâ— departe of her husbande 's sayde landes for terme of her life For by the common lawe of the lande if the husbande be at any tyme duryng the couerture seased lawfully whether 〈◊〉 be by purchase or by discent 〈◊〉 theâ— in fee or in tayle dye his 〈◊〉 to be indowed by the course of the coÌ„mon lawe of the thyrde foâ—e And in some places
personne suchâ— landes to haue to hold to him and to his assignes for euermore here a state of inheritauÌ„ce doth passe for in testamentes the wil and intent of the testaour is to be pondred not the formal prescripte wordes of yâ— law Also these termes in the lawe franke mariage and franke almoâ—e that is to saye free mariage and free almose do include in them wordes of inheritaunce And therfore if I giue landes to a man wyth my daughter in franke mariage wythout further addicion or meÌ„cion of heires this is an estate of inheritaunce as we shal hereafter declare more plentiouslye In likewyse it is of landes giuen to an house ecclesiastical in pure fraÌ„k almes Moreouer if landes be giuen to a maÌ„ to his blode or to him to his seed he hath in both cases a state of inheritauÌ„ce for in yâ— one he hath a fee taile in thother a fe simple For this word seed and bloud and suche lyke do implye wordes of inheritaÌ„ce But nowe it is to be sene who be sayde a mannes heyres in the lawe Ye shall therfore knowe that my brother or syster by the halfe bloude that is to wytte by the fathers syde and not by the mothers or contrary wyse by the mothers and not by the fathers shall neuer be myne heyre nor none that come of them Neither my bastarde can be myne heyre nor myne owne naturall father ne mother nor grandefather ne grandmother can be myne heyre For it is a principle and grounde in the lawe that inheritaunce may linially descend but ascende it may not And therfore if I haue landes in fee simple and dye wythout issue of my bodye my father can not be myne heire but my fathers brother or syster shal and then if my vncle or aunt dye seased wythout issue my father shal haue the landes as heir to myne vncle or to my aunte but heyre to me he can not be But it maye go from me to myne vncle or aunte well ynoughe for that is not called a linial ascension but a collatrall And ye shal note that by the commoÌ„ lawe of this realme my eldest sonne shall haue the hole inheritaunce and after hym if he hathe no issue the seconde sonne and so forth And if I haue no sonnes but daughters than shal al the daughters togither inherite if I haue no issue at all neither sonâ—es ne daughters than shall my eldest brother in heritage succede me but if I haue no brother than my systers if I haue any if not my vncle by my fathers syde if the landes be of myne owne purchase And to be shorte if there be none in lyfe of my fathers syde it shall goo to my mothers syde and if there can be found no heyre neither by fathers syde ne yet by mothers then shall it reuerte and eschete as they call it to the lord of whome it was holden for euerye lande must nedes be holden of some lorde as shall be here after shewed But if landes descende vnto me by my mothers syde than if I fayle of issue the landes shall descende onely to my heyres of my mothers syde neuer to myne heyres of my fathers syde as on the contrarye syde yf I haue landes or any hereditamentes by disceÌ„t froÌ„ my father or his blode they shal neuer descend to my heires by my mothers syde Thus ye se a greate difference in this behalfe bitwene purchased landes and landes which descende from my auncestoure Yf there be thre sonnes and the myddell sonne purchaseth landes dye wythout issue the heldeste shall haue the laÌ„des and not the yongest Also it is a principle in oure law that none can be myne heyre of landê that I holde in fee simple onles he be myne heyre by the hole blode that is to say both by father and mother for if a man hathe issue two or thre sonnes by sondry wyues and the eldest purchaseth landes in fee and dyeth wythout issue his halfe brethren I meane those that be not his brethren bothe by the fathers syde mothers syde shall not haue the lande but it shall go to his vncle Lykewyse if a man hath by his fyrste wyfe a sonne and a daughter and by his seconde wyfe an other sonne and the sonne by the fyrst wyfe purchaseth landes in fee and dyethe wythout issue the syster german shall haue the landes by disceÌ„t as heyre to her brother and not to the yoÌ„ger brother Otherwise it is of landes or other hereditameÌ„tê entailed as shal be herafter specified Also if a man be seised of landes in fee simple and hathe issue a sonne and daughter by one wyfe and afterwarde a sonne by an other and dyeth and the eldest sonne entreth in to the landes and after dyeth wythout lawfull issue of his body the daughter shall haue the landes and not the yongest sonne and yet the yongest sonne is heyre to his father but he is not so to his brother But if in thys case the eldeste sonne had not entred after the death of his father but had died before any entre made by hym than shal not the syster germaine entre but the yonger brother is heire to his father bicause the eldest brother was neuer in actuall possessioÌ„ which is requisyte to that personne that claymeth to be heyre collaterallye But to the lyniall heyres it suffiseth that the auncestour shuld haue bene heyr yf he had liued I meane as thus A man is seased of landes and hath issue a sonne daughter by one wyfe and afterwarde a sonne by an other he dyethe the eldeste sonne entrethe not but dyeth wythout issue before he can make any actuall entree hys syster shall not haue the landes as heyre to her brother bycause her brother was neuer actually possessed but yâ— yoÌ„ger brother shall haue them as heyre to his father Yet if theldest sonne in that case had lefte behynde him issue of his body whether it had bene soÌ„ne or daughter this issue not wythstandyng that the father of the issue was neuer possessed either actually or in the law shal haue the laÌ„des and shal conuey his discent from his father for the sonne or daughter is linial heyre where as the brother sister vncle aunt c. be heyres collaterall and so obserue a dyuersitie I call an actuall possession whan a man entreth in dede in to landes to him desceÌ„ded but a possessioÌ„ in lawe is called when landes be descended to a persone ann he hath not yet real ly and actually eÌ„tred in to them For notwythstandydge that he is not in actuall possession yet he is possessed in the lawe that is to say in the eye consyderation of the law for asmuch as he is tenaunt to euery mans action that wyll sue for the sayd landes for els there shulde insue an intollerable inconuenience as we shal more copyously open in an other place Ye shall vnderstande that thys worde inheritaunce is not onelye to be accommodate and
applied to that whyche commeth by discente from a mannes auncestours but also to euery purchase in fee simple or fee taile Fee tayle Ye shall vnderstande that before a certayne statute called the statute of Westminster seconde there was no state tayle but all was fee simple eyther purely that is to saye wythout condition or condicinallye as appereth by the pretence of yâ— said statute but now sythens the promulgating of that statute diuers formes of state tayles haue rysen Fee tayle is whan it is prescribed and lymytted in the gifte what heyres and by whome engendred shall inherite As for exemple I gyue landes to a man and to his heyres and go no further this is fee simple but if I make a limitation and adde of his hody begotten now is it fee taile that is to saye a fee or inheritaunce limitted prescribed determinate or assigned So that if I gyue landes to a man and to his heyres he hathe fee simple but yf I gyue landes to hym and to hys heyres of hys bodye lawfully begotten he hathe but a fee tayle for asmoche as I appoynte lymytte prescribe and determyne the heyres and for lacke of suche heyres the gyfte shall be expired and worne out the landes shall reuerte agayn to the gyuer or his heyres But ye muste obserue that there bo two kyndes of fee tayle There is a generall tayle and there is a speciall tayle Fee tayle generall is as where landes be giuen to a man and to his heyres of his bodye begotten without anye mencyonynge and expressynge by what woman they are to be begotten And therefore yfa maÌ„ be tenaunte in the generall tayle of landes and taketh a wyfe and hathe issue by her and she dyeth and afterwarde he takethe an other wyfe of whom he hath also other issue here either of these issue is inheritable to this land entayled But if I expresse in the gifte by what womaÌ„ the heires shall be procreate and ingeÌ„dred then is it an especiall tayle as for exemple to make the thynge playne if landes be gyuen to a man and to the heyres of his body lawfully begotten by Katherin his wyfe this is an especiall tayle for the issue of him begotten by an other woman shal neuer inherite by force vertue of the tayle Lykewyse it is if landes be giuen to a woman and to yâ— heires of her body law fully begotten shewe not by what man this is a general taile but if I adde saye by suche a man her husbande than is it an especiall taylle Also yf I gyue landes to a man and to hys wyfe and to the heyres of there two bodyes lawfully begotten thys ys an especyal tayle as wel in the husbande as in the wyfe Semblably it is yf a man gyueth landes to an other man wyth hys daughter or kynswoman in francke mariage thys emplyeth a state tayle especiall and in thys case as wel the man as the woman hathe estate in in the speciall tayle But yf I gyue landes to a man and to suche a woman and to hys heyres that he shall begette of her here the woman hathe estate but for terme of her lyfe and the husbands an estate in the especyall tayle In lykewise it is on the womaÌ„s behalfe as if I gyue landes to a man and to hys wyfe and to her heyres of the bodye of her said husbande engendred he hathe an estate but for terme of lyfe and she an estate in the specyall tayle But in bothe cases yf I hadde sayde to the heyres and not hys or her heyres than shulde eyther of them haue hadde an estate in the specyall tayle bycause thys worde heytes is as well referred to the one as to the other Ye shall also vnderstande that yf landes be giuen to a man ond to the heyres males of his bodye this ys a state tayle and in this case the heyre femalle shall neuer inherite Finally it is to be noted that of landes whych a man hath in fee simple the possession of the brother shall cause the syster germayne that is to saye the syster bothe by the fathers syde mothers to inherite and not the brother by the halfe blod as here tofore was said but of landes which be entayled otherwise it is Therfore if a man be seysed of landes in the generall tayle and hath issue by hys furst wyfe a sonne and a daughter and also a sonne by an other wyfe dyeth and the eldest sonne entreth in to the landes after dyeth the suster germayne shall not haue the landes but the yonger brother of the halfe blode bycause whosoeuer shall inherite landes in taile must claym them as nexte and immediate heyre not to hym that dyeth last seased of the landê but to hym vnto whome the landes were fyrst gyuen whyche in the case before remembred is the sonne and not the daughter Thus ye shal marke obserue a great diuersitie bytwene the forme of successyon in landes of fee simple and the forme in fee tayle Tenaunt after possibilitie of issue extincte WHan landes or tenementes be giuen to a maÌ„ and to his wife and to the heires of there two bodies lawfully begotten yf in thys case either of them chaunce to dye before they haue issue betwene them he or she that ouerlyueth hys styl tenaunt in tayle but wythout all possibilitie of any issue that can be heyre to these landes entayled and for thys cause he or she thus ouerlyuynge is called tenaunte after possibilitie of issue extincte for in suche a tenaunte is all possibilitie of issue that maye be inherytable to these landes by force of the gyfte in tayle vtterlye extincte and quenched and by his or her deth the state tayle shall expyre cease and be abolyshed for euer and shall reuerte agayn to the gyuer or donoure from whence it came Yet forasmoche as thys tenaunt after possibilitie of issue hadde ones an inheritaunce in hym he shall not be punyshede by an action of waste though he makethe neuer so moche waste in the landes and tenementes whereas yet in effecte he is but a tenaunte for terme of lyfe Of perceners Hitherunto I haue made a compendious and short declaracyon of estates of al sortes But where I sayde that among susters there is no prerogatyue or preminence concernyng the inheriting of theyr auncestoures landes but that they shall be al togither inheritours and make as it were but one heyre it is expedient to make a further processe in this behalfe and to shew howe in what maner this partition shall be made But ye shall vnderstande that there be besyde parceners at the common lawe whyche be onelye susters also parciners by custome whiche is amonges brothers contrarye to the course of the common lawe and this custome is in Kent and in other places where landes and tenemeÌ„tes be of the tenure of Gauel kynde Ye shall thefore knowe yâ— whan a maÌ„ is seised of landes in fee simple or see tayle and hath no
issue but doughters and die and the doughters do enter in to the landes thus desceÌ„ded vnto them nowe they be called parceners or coheyres by a wryt called De ê‘titione facienda brought by on of them agaynst the others they shal be constrayned by the lawe to suffre an egall particion to be made of the landes bytwene them Nowe partycion maye be made in sundrye wayes One waye is whaÌ„ they them selues do make particion bytwene them of the hole herytage and do agree vnto the same and entre euery one in to her parte so alotted vnto her An other is whan by all they re agremente an consente one common frende do make the particion In whych case the eldest syster shal haue the fyrst election and after her the seconde suster and so forth But if they agree that theldest suster shall make the particion and she maketh it then theldest shal not chuse fyrst but shall suffer all her susters to chose before her as it is thought There is also an other forme of particion whiche is egally to diuide the landes into so manye partes as there be coheires or parciners and to wryte euery parte so diuided in a seuerall scroule of paper and to putte the sayde scroulles in to a bonette or to enclose them seuerally in balles of waxe and than the eldeste suster to chuse whyche balle she wyt or to put her hande in to the bonet and to take a scroule to holde her to her chauÌ„ce and allotment and so consequentlye euery suster after other And ye shall note that particion by agrement maye as well be made by nude and bare wordes wythout wrytynge as by wrytynge That yf any of the parceners wil not suffre any particion to be made than may the other that wolde haue partition purchase a write called De partitione facienda agaynste them that refuse partition to compell the same to suffer partition to be made accordyngly and than by the iudgement of the courte the sheryfe by the seremente of twelue men shall make particion bytwene them and shal assigne to eche suster her porcion as he shall thynke good wythout gyuyng anye election to the eldeste And if two Manours of meeses descende to two susters and the maners be not of egall value than may she to whom the lesse maner is allotted haue assigned vnto her a rente proportionably out of the others maner Finally ye shall vnderstande that if a man be seased of landes in fee semple hath issue two daughters and giueth wyth one of his daughters to an other man that is to mary her the thirde or fourth parte of his lande in franke mariage and dyeth if in thys case the daughter that is in this wise auaunced wyll haue her porcyon of her fathers heritage she muste putte her lande gyuen vnto her in francke mariage in hochepot newe agayne I meane she must be conteÌ„ted to suffer her sayde landes to be commixte and mengled wyth the other landes of whyche her father dyed seased in fee simple so that an equall diuision maye be made of the hole or elles she shall haue no parte of those landes of which her father died seased But if her father had made vnto her but a common gifte in taile or a feffemeÌ„t in fee she shulde not nede to put her landes in hochepot but may retayne them styl also haue as good a part of the rest of the landes of which her father dyed seased as her other sister or sisters For a gyfte in francke maryage is accompted the moste free or moste liberall gyfte that can be and that whyche the lawe iudgethe to be onelye for the aduauncement and be stowynge of the daughter where as feffementes in fee and also common giftes in taile be accustomably for other causes and for the aduauntage rather of the gyuour or feffour then of the taker Of condicions FOrasmoche as euery estate is either pure or condicionall it were not amysse somwhat to make a declaration of the nature and efficacye of condicions Wherfore ye shal vnder stande that of condicions some be actuall condicions be called expresse condicions or coÌ„dicions in dede and other some be coÌ„dicioÌ„s in law whych be called also in latine Condiciones tacitae siue condiciones implicitae bycause they be secretely implyed by the lawe and not expressed Condicions in dede be such as be knyt and annexed by expresse wordê to the feffemente lease or graunter either in writing or without as for exeÌ„ple if I infeffe a man in certayne landes reseruynge to me to my heires so moche rente yerlye to be payde at suche a feast and for defaute of payment that it shal be lawfull for me to reentre thys is a feffement vpon condicion of paymente For the not payment of the rent shal dissolue the fefment Semblably it is of gyftes in tayle leases c. But yf the condicion be that for defaulte of paymente of the rent it shal be lawfull for the feffoure to entre agayne in to the landes and to holde them tyll he be satisfied of the rente this condition not performed dothe not dissolue the feffement but only gyueth to the feffour an authorytie to reteine the landes as it were by way of distresse tyll he hath leuyed the arrâ—ragyes of the rent And ye shall obserue that condicions be somtyme made to be performed on the feffees behalfe and somtyme on the feffours behalfe On the feffees behalfe as whan I infeffe you of landes vpon coÌ„dicion that ye shall do suche an acte as to pay vnto me or to myne heyres such annuall rent On the feffours behalfe as whaÌ„ I make a feffement vnto you vpon coÌ„dicion that yf I pay or cause to be payde vnto you before suche a daye suche a somme of money than it shal be lawfull for me to entre agayne retein my landes in my former estate In this case ye that be the feffee are called tenaunt in morgage which is as moch to saye as a dede gage and it semethe that the cause why it is so called is for asmoche as it is doubtfull whether the feffoure wyll pay at the daye prescribed suche somme of monye for the redemption of hys landes or no for if he do not his title or intresse in the landes thus gaged oppignorated is vtterly extinct with out all hope of renuynge Ye shall note that yf the morgageoure dyeth before the daye of payment hys heyre maye redeme the laÌ„d very well euen as well as his auncestoure that morgaged the land might haue done although there be no mencion made of heyres in the wrytinge And yf whan the monye is lawfully by the morgageour or his heire profered and the feffee refuseth to receyue the same the feffoure or hys heyre maye entre and then hath the feffee no remedy for his mony at the common lawe Ye shal vnderstaÌ„d also that some condicions be vtterlye voyde in the lawe and of none efficacy or streÌ„gth as if a
it is that the grauntoure shulde be enforced to atturne sith an atturnement is adhibited to none other purpose than to haue the conseÌ„t and agremente of the particular tenaunte to the intent that it may appere that he hath notice or knowlege of this grauÌ„te but here where as the particular tenaunte hymselfe is the grauntour an atturnement were superfluous and more than neded Of seruices HYtherunto I haue brefely touched and ouerrun the sundrye kyndes and formes of estates Now forasmoch as there is no tenure but hathe vnto it some seruice knyt and annexed it were very necessary to declare howe many kyndes of seruices there be and what seruyce is due to euery tenure For the knowledge her of ye shal vnderstande that the principall and moste common kynde of seruyce that the tenauÌ„t oweth to hys lorde is called knyghtes seruyce Knyghtes seruice KNyghtes seruice includeth homage fealeie and for moste ê‘te escuage and whosoeuer holdeth his laÌ„des by knyghtes seruice is bound by the law of this realme to do vnto his lorde homage and fealtie and to paye for most parte escuage when it shal be assesed by authoritie of parliamente as hereafter more playnlye shal be declared vnto you Homage is the most huÌ„ble and reuerent seruice that a man of free condition can do for whan the tenaunte shall do homage to his lord the lord shal sytte and the tenaunt shal knele before hym vpon bothe knees and shall holde his handes bitwene hys lordes handes and saye in this wise I become your man from this daye forthward of life and of membre and of earthly honoure and to you shall be faythfull and loyall and faithe to you shall beare for the landes that I clayme to holde of you sauynge the faythe that I beare vnto oure soueraigne lorde the kynge and than the lorde so syttynge shal kysse him But if an ecclesiasticall persone whych by hys ordre and profession hath addicted himselfe to the seruice of god in especiall shall do homage to his lord he shall not say I become your man bycause he hath professed himselfe to be the onely man of god but shal say I do to you homage and shall be to you faythfull and true and fayth to you shall beare for the tenementes yâ— I holde of you sauynge the faythe whyche I do owe to our soueraygne lorde the kynge Ye shal note also that when a woman not maried doth homage to her lord she shal not say I become your woman for it is not conuenient that a woman shulde be the woman of any other than of her husbande that she shall mary but she shal saye euen as the ecclesiasticall persone sayeth I do vnto you homage c. That yf perchaunce a man holdeth sundry landes and tenementes of sundrye lordes and euery of them by knyghtes seruice than in the ende of his homage makinge he shal say sauynge the fayth that I owe to our soueraygne lorde the kynge and to myne other lordes And it is to be knoewn that none is bounde to do homage to the lord onles it be suche a tenaunte as hath in the tenauncye an estate of fee simple or fee tayle eyther in hys owne ryght or in the ryght of an other For if a woman haue landes or tenementes in fee simple or fee tayle whyche she holdethe of her lorde by knyghtes seruice and taketh an husbande and haue issue in this case the husbande in the lyfe of his wyfe shal do the homage bycause he hath a title to haue the landes by the curtesy of Englande yf he ouerlyueth her also he holdeth them nowe in his wiues ryghte yet before issue had bytwene them yâ— homage shal be made in theyr both names But if the woman dieth before any homage made by her husbande in her lyfe and the husbande kepeth styll the landes as tenaunt by the curtesye now he shall not do homage to hys lorde bycause he hath nowe an estate but for terme of lyfe Fealtie is as moche to saye as a fidelitie or faythefulnes in doynge wherof the tenaunte shall holde hys hand vpon a boke say thus Heare you this my lorde I to you shall be faythfull and true and fayth to you shall beare for the landes and tenementes whyche I clayme to holde of you and duelye shall do you the customes and seruices whiche I owe to do you at the termes assigned as me helpethe god and hys sayntes And than he shall kysse the boke but he shal not knele as he the doth homage And ye shal obserue that homage can not be done but to the lorde hym self where as the steward of the lordes courte or the bailife may take fealtie for the lorde Also tenaunte for terme of life shal do fealte but homage as is sayde he can not do Nowe as concernynge escuage that is to saye the seruice of the shild ye shal vnderstand that he that holdeth his laÌ„des by escuage whan the kynge makethe a viage royall in to Scotlande for the subduynge of the Scottes is bounde to be wythe the Kinges Maiestye by the space of .xl. dayes well and conuenientlye arayed and appointed for the warre And he that holdeth his lande but by the moitie of the fee of knightes seruice is bounde by the force of his tenure to be wyth the kynge by the space of xx dayes and so proporcionably accordyng to the rate and quantitte of hys tenure But now to our institute and purpose after thys viage royall in to Scotlande in whyche the kynge goeth in persone and after the retyre in to Englande agayne a parliamente is wont to be sommoned in whyche shal be prescribed asseised what euerye persone that helde hys lande by homage and went not wyth the king neither by hymselfe nor by his deputye shall paye to hys lorde in satisfaction of his not seruynge and accordynge to the taxacion herof euery tenaunte shall paye to hys immediate lorde whether it be the kyng or other after the rate and porcion of hys tenure if he holdeth by an hoole fee he shall paye the hoole escuage if by a moitie the halfe yf by the fourth ê‘te of a fee the fourth parte c. and this money thus asseysed is called scurage or escuage for whyche the lorde to whome it is due maye verye well for the non paymeÌ„t therof distreyne But here it is to be noted that some tenauÌ„tes by custom vsed tyme out of mynde are bound to pay but the moitie or the thyrde parte of that which shall be asseised and limited by acte of parliament Yea and the custome is in some place that to what somme of money so euer escuage is asseised yâ— tenauÌ„tê shall paye neuer but such a certeyne somme of mony and this escuage is called escuage certeyne where as the other is called escuage vncertayne Finally ye shall vnderstande that escuage vncertayne is alwayes adiuged to be knightes seruice and draweth vnto it warde mariage reliefe but escuage certaine is no knyghtes
seruice but is of the tenure of socage as shall be herafter more amplye shewed Of warde mariage and reliefe EUery knyghtes seruice draweth vnto it warde mariage and releife Wherfore it is now ryght expedient somewhat to entrete of them Ye shall therfore be admonished that whan the tenaunte whyche holdeth hys lande by knyghtes seruyce dyeth his heyre male beynge at that tyme wtin thage of .xxj. yeares the lorde shall haue the warde that is to saye the custodye or kepynge of the landes so holden of hym to hys own vse and profyte tyl the heyre cōmeth to the full age of .xxj. yeares For the law here presumeth that tyl he cōme to this age he is not able to do such seruice as is of this tenure requyred Furthermore yf such heyre be vnmaryed at the tyme of the deathe of the tenaunte than the lorde shal haue also the warde and bestowynge of the maryage of hym But yf tenaunt by knyghtes seruice dyeth hys heyre female being of thage of .xiiii. yeres or aboue thā the lord shal haue the ward neyther of the lande ne yet of the bodye of suche an heir and the reason herof is bycause a woman of that age maye haue a husbande hable to do knyghtes seruice that is to saye to wayte vpon the kynges maiesties persone whan he auaunceth into Scotlande wyth hys armye royall But if suche an heyre femalle be within the age of .xiiii. yeres and not maryed at the tyme of the deathe of her auncestoure than the lorde shall haue the warde of the lande holden of hym tyll suche heyre female commeth to the age of .xvi. yeres by force of an acte of parliamēt in the statute of Westm̄ the fyrste Note that there is a great diuersitie in the lawe bytwene the ages of females and of males for the female hath these manye ages apoynted by the lawe Fyrste at .vii. yeares of age the lored her father maye distreyne his tenauntes for ayde to mary her Seconde at .ix. yeares of age she is dowable Thyrdlye at .xii. yers she is hable to assent to matrymonye Fourthly at .xiiii. yeares she is able to haue her lande and shall be oute of warde if she be of thys age at the geantye but of the kynge onelye Homage auncestrell TEnaunt by homage auncestrel is he whyche holdeth his lande of his lorde by homage and bothe he and his auncestours whose heyre he is haue holden the same lande of the saide lord of his auncestours tyme out of mynde by homage and haue done vnto them homage and this is called homage auncestrell by reason of the longe continuaunce whyche hath bene by title of prescription as well concernynge the tenauncye in the bloude of the tenaunte as concernynge the lordeshyp in the blode of the lord And this seruice of homage auncestrell drawethe vnto it warrantye that is to saye yf the lorde which is nowe in lyfe hathe ones receyued the homage of his tenant he oughte to warrant the same tenaunte what tyme so euer he shal be impleaded or sued for such lande so holden of him by homage auncestrell Moreouer suche seruice of homage auncestrell draweth to it acquitall that is to saye the lorde oughte to acquyte the tenaunt agaynste all other lordes that can demaūd any maner of seruice out of the tenauncye Wherfore yf in thys case the tenaunte whyche holdethe by homage auncestrell be impleaded of hys landes and voucheth his lorde to warrauntye who commeth in by processe and demaundethe of the tenaunte what he hath to bynde hym to the warrantye and the tenaunt sheweth howe he and his auncestours whose heyre he is haue holden his lande of hym and of his auncestoures tyme ease or continuall infirmitie All these and suche lyke be dispargementes But here also ye shal vnderstande that it shall be sayd no dispargement onlesse the heyre be so maryed when he is wythin the age of discretion that is to say within the age of .xiiii. yeres For if he be of that age or aboue and consenteth to such mariage it is no dispargement neyther shall the lorde for suche mariage lose his warde bycause it shal be reputed and assigned to the folye of the heire beynge of age of discretion to consēt to suche mariage Now yf the gardeyne offre to the heyre beyng in his warde a conuenient mariage wythout dispargement and the heyre refuseth it as he maye very wel do than the lord shall haue the value of the mariage of suche heyre whan he commethe to hys full age But yet yf he marye hymselfe being so in warde agaynste the wyll of hys gardeyne than he shal paye the double value by force of the statute of Merton before remembred And ye shall note that if landes holden by knyghtes seruice descende to an infaunte from hys mother or from any of hys auncestours his father beyng yet alyue in thys case the lorde shall not haue the mariage of this heyre for during the lyfe of the father the sonne shall be in warde to no man Finally it is to be knowne that he whyche is gardeyne in cheualrye in ryght maye after he hathe seased the warde graunte the same eyther by dede or wythout dede to an other man than he to whom suche graūt is made is called gardeyne in fayte Now as touching reliefe ye shal knowe that yf a man holdethe hys lande by knightes seruice and dyeth hys heyre beynge of full age the full age of the male is .xxi. yeares of the female .xiiii. then y◠lord of whome the land is holden shal haue of the heyr reliefe Reliefe of a hole knightes fee is C s. of halfe a knightes fee fyftye s Also a man maye holde landes of a lord by two knyghtes fees and thā the heyre beynge of full age at the death of his auncestoure shal paye to his lorde for reliefe .x. poundes Seruice of castel garder YE shal vnderstande that a man may holde by knyghtes seruice and yet not hold by escuage nor shal paye no escuage for he may holde by castell garder that is to saye by seruyce to kepe a tower of hys lordes castell or some other place vpō a reasonable warnynge whan hys lorde heareth that enemyes wyll come or be alredy come into Englande Thys seruyce is also knyghtes seruice and drawethe to it warde mariage reliefe as the common knyghtes seruyce dothe Of graunde sergeauntie THere is also an other kynde of knightes seruice called grande sergeantye whyche is where a man holdeth is landes or tenementes of the kynge by suche seruice as he oweth in proper person to do as to bear the baner of oure soueraigne lorde the kynge or his spere or to conduct hys hoste or to be his marshall or to be the sewar caruar or butler at the feaste of the coronation or to be one of the chamberlaynes of the receypt of his eschequere or to do lyke seruices to the kyng in propre persone such maner of seruyce I saye is called grande
sergeantye that is to saye a greate or hygh seruice and the cause why it is so called is bicause it is the moste honorable and moste worthye seruice that is for he that holdeth by escuage is not appoynted by hys tenure to do anye other more specyall seruice than an other is bounde that holdethe by escuage but he that holdeth by grande sergeantye is bound to do some speciall seruice to the king Also if he that holdeth of the king by grante sergeanty dyeth his heire beyng of ful age than the heyre shal paye to the kynge for reliefe not onlye C.S. as he that holdethe by escuage shall do but moreouer the clere yearly value of those landes and tenementes whych he so holdeth of the kynge by grande sergeantye Furthermore ye shal obserue that in the marches of Scotlande some men holde of the kynge by coruage that is to say by blowing of an horn to the intent to warne the men of the contrey whan they heare that the Scottes or other theyr enemyes be commynge or be alreadye entred in to Englande whyche seruice is also a kynde of grande sergeantie Grande sergeantie therfore is as moche to saye in latyn as magnum seruitium that is to saye a greate or hyghe seruice lyke as petite sergeantye is called paruum seruitium that is to saye a lytle or smale seruice But to reuerte agayne to the mamatier ye shall note yf any tenaunte holdeth of any other lord than of the king by such seruice of cornage then it is no graunde sergeantye but yet neuertheles it is knyghtes seruice draweth to it ward mariage and reliefe for this is a rule infallible that none can holde by grande sergeanty but of the kynges owne maiestie Finallye ye shall vnderstande that al they whych holde of the king by thys seruice called graunde sergeauntye do holde of the kynge by knyghtes seruyce and by vertue of thys tenure the kynge shall haue of them warde mariage and reliefe but escuage yet he shal not haue of them oneles they holde by escuage of him by expresse and speciall wordes Petite sergeantie TEnaunte by petite sergeantye is he that holdeth his land immediatly of oure soueraygne lorde the kynge by thys maner of seruice to paye to the kynge yearelye eyther a vowe a spere a dagger a swerde a payre of gantlettes a paire of spores of golde a shafte or such other smale thynges apperteynyng to the warre this seruice is in effect but socage bycause that suche a tenaunte is not bounde by hys tenure to go ne do anye thing in his owne propre person touchyng the warre but only to rendre and pay yerely certayne thynges to the kynge as a man ought to pay a rente wherfore thys seruice of petite sergeantye is no knyghtes seruyce but yet ye shal note that a man can not holde neyther by petite sergeauntye neyther by graunde sergeantye out of mynde surely the lorde yf he can not denye this and if he hath receiued the homage of such a tenauÌ„t is bounde by the lawe to warrante hym his lande so that if the tenaunt lose his lande in defaute of the lorde thus vouched that is to saye called to warranty he shal recouer against hym so moche in value of those landes and tenementes whyche the lord had at the tyme of callynge to warrantye or at any tyme after But yf the lorde neuer receyued the homage of hys tenante than he maye verye well whan he is thus vouched disclaime in the lordeshyp or seignorye and so put out the tenaunte of hys warrantye Where ye shal note that in euery case where the lord disclaim in his seignorye in courte of recorde his seignorye or lordeshyp is extinct and the tenaunte shall holde from thensforthe of the nexte lorde to him that thus disclaymed Thus ye perceyue that homage auncestrell is not but where as is a long coÌ„tinuauÌ„ce as well in the blode of the tenaunte in respecte of hys tenauncye as in the bloude of the lord in respecte of his seignorye Wherfore if the tenaunte doth ones aliene hys landes to an other although he purchasethe the same agayne yet he shal not hold any longer by homage auncestrell bycause of thys discontinuaunce but shall holde it nowe by the vulgare accustomed homage Of socage SOcage is properly where the tenant is bound to come wyth his soke that is to saye with his plough to eare and sowe parcell of the demene landes of hys lorde which seruyce in auÌ„cient tyme was very commen frequeÌ„te but nowe by the mutuall consent bothe of the lorde and of the tenant yt ys conuerted for the moost parte in to a yerely rente How be it the name of socage abideth styll wherfore now al that is not knyghtes seruice is caled by yâ— name of socage So yâ— yf a man holdeth by fealtye onely or by fealtye and homage for all maner of seruyce it is but socage tenure for homage alone makith not knyghtes seruyce yea yf a man holdeth by escuage certayne as I haue said here tofore he holdeth in effecte but by socage Nowe where a man holdethe hys landes by socage and dyeth hys heyre beynge wythyn thage of .xiiii. yeres the lord shal not haue yâ— warde but the next of kynne to the heyre to whome the heritage can not descend shall haue the wardeshyp as well of the lande as of the heyre tyll the heir come to the age of .xiiij. yeares and suche gardeine is called gardeine in socage and shal rendre accomptes to the heyre for the issues and profytes that he hathe receiued of the landes durynge suche tyme hys reasonable costes and expeÌ„ses deducted so that he shall not haue the wardeshyp to his owne vse profyte as gardeine in cheualrye hath Finally ye shal vnderstande that whan tenaunte in socage dyethe the lorde shall haue reliefe that is to say the value of the rent that is yearlye due vnto hym of the tenauncye besyde the yerly rente so that in effecte after the death of his tenante he shal haue of the heyre .ii. rentes saue that for the reliefe he may distreyne forth wyth but for the accustomed rent he can not distreyne tyl the vsuall daye of payment be come Francke almoyne TEnaunte in francke almoygne that is to saye in free almesse is where a byshop deane or any other ecclesiasticall persone holdeth of his lorde in pure and perpetuall almes and suche tenure began firste in olde time after this maner Whan a man was seased in ancient time of certain landes or tenementes in his demene as of fee of the same tenementes enfeoffed an abbot his couent or a priour his couent or any other persone ecclesiastical as a deane of a colege mayster of an hospitall or suche like to haue to hold the same landê to them and to theyr successoures for euer in pure and perpetuall almesse or in francke almes in these two cases the tenementes shulde be holden in franke
feffement be made of landes in fee simple vpon condicioÌ„ that the feffee shal not alien or put awey this same to none other this condicion I saye is voyde bycause the feffee is restrayned of hys hole poure that the lawe giueth in suche case vnto hym and whyche power and libertie is in maner included in euery feffement Yet I maye abbrydge hym of parte of his powre as to condicion wyth hym that he shal not aliene the landê to suche a personne or suche But of gyftes in tayle other wyse it is for yf I gyue landes to a man and to the heyres of his body lawfully begotteÌ„ vpon condicioÌ„ that he nor his heires shall aliene the landes to none other persone this condicion is good and effectuall in the lawe and if he or his heyres contrary to the condicion do aliene them than the gyuer or hys heyres maye very well entre and reteyne the laÌ„des for euer bicause this condicion doth stande wyth the forenamed statute of WestmÌ„ seconde whyche prohibiteth suche alienacioÌ„s to be made Hitherunto I haue spoken of condicions in dede now will I shew what be condicions in lawe that be annexed to any estates Knowe ye therfore that if the office of a parker or stewarde or suche lyke office be graunted to a man for terme of his lyfe though there be no coÌ„dicion at al meÌ„cioned in the grauÌ„t yet the lawe speaketh a condicion in thys case whiche is that yf the partye to whome suche offyce is gyuen shall not execute all poyntes apperteynynge vnto hys office accordingly it shal be lawfull for the grauÌ„tour to entre and dyscharge hym of hys offyce and thys condicion is called a condicion in lawe Of lyuery of season and of atturnement IN al feffemeÌ„tes giftes in tayle leeses for terme of lyfe or for terme of an others lyfe of landes or tenementes there can be no alteration or transmutacion of possession by the aunciente lawes of thys realme on lesse there be a certayne cerimonye adhibited and solempnised in the presence and syght of neyghbours or others whych ceremony is called liuerye of seasone And ye shal vnderstand that this ceremonye of lyuerye of seasone is done whan the feffoure donour lessoure or theyr deputy come wyth the neighboures solemply to the landes or tenementes and there put the feffee donee or lessee in possession of the said landes or tenementes by deliuering vnto him a clod of earth or the ring of the dore orsome other thyng in the name of seasone for this self cause this ceremonye of lawe is called lyuerye of seasone that is to witt a tradicion or gyuynge of seasone But this ceremony is not required in lessees for terme of yeares or in leeses at wyll in as moche as the lessoure in suche case remaineth styll seased and the lessee hath onelye the possession wythout the seasine and 〈◊〉 the termes of the lawe be that suche a man is possessed where as in feffementes giftes in taile and leeses for lyfe he is called seased Wherfore yf a feffemente or lees for life be made of laÌ„des or tenemeÌ„ts and before that the liuery of seasine be made the feffoure dyeth the heyr of the feffoure shall haue the landes per summum ius that is to lay by the rigoure of the lawe notwithstandyng that the feffee hath payde to the feffour the price of the land although the feffee be in possession But otherwise it is of a lese for terme of yeres I lyke ceremonye is vsed whan rente charges whan rente seruyces and suche other thynges as passe by wey of graunt be graunted for it is no full and perfyte graunt tyll it be consygnate as it were wyth the ceremonye of atturnement This atturnemente is nothynge elles but whan the tenaunte of the land of which the reuersion is grauÌ„ted or out of whyche a rente is grauÌ„ted do make some euident signification and token that he accepteth the persone to whom the grauÌ„t is made to be in the same respecte vnto hym that the grauntoure was As for an exemple if the tenaunte of the lande after he haue herde of the graunt coÌ„meth to the grauntee that is to wyt to the persone to whom the graunte was made and saye in thys wyse or in lyke effecte I agree me to the graunte made vnto you by suche a man or I am well a payde and contented of the graunt that suche a man hath made vnto you But the moste vsuall and frequent forme of atturnement is to saye Syr I atturne vnto you by force of the said graunt or I become your tenaunt or to delyuer vnto the grauntee a penye or a halfe penye by waye of atturnemente Yf a man maketh fyrst one grauÌ„t to one persone and after an other to ane other persone that graunte shal stande to whyche the tenaunte wyll atturne althoughe it be the latter And ye shal note that if a man be seased of a Manoure whyche is percell in demene and percell in seruice and doth aliene the same Manoure to an other onlesse the tenauntes of the Manoure do atturne the seruices shal not passe only tenauntes at wyll excepted for it nedethe not to cause them to atturne Note furthermore that there is a greate difference bytwene giuynge a penye in name of seasin and gyuyng it by waye of atturnement for whan it is gyuen of the tenaunt to yâ— grauÌ„tee in name of seasin it dothe not only implye an atturnement but also it gyueth him suche a seasin that if the rente afterwarde be behinde and not payd he may now vppon yâ— seasin of the penye after a lawfull distres and after rescus made brynge an assyce of nouel disseasin where as if it were gyuen only by waye of atturnement he coulde not brynge the assyse but hys wryt of rescus onely Also ye shall vnderstande that wher landes be deuisable by testamente by the custome of any auncyent boroughe or cyty yf there the reuersion of any landes be by testament bequethed to a man in fee and testatour which we call the dyuysour dyeth yâ— deuisee that is to wytte he to whom the deuise was made hath forthw t yâ— reuersion in hym wythout further ceremonye of atturnement Lykewyse it is if a man by testament dothe bequeth a rent charge that he is seased of or a reÌ„t seruice there nedethe none atturnement at all Yf two ioyntenauntes be of land and the lorde graunteth the seruyces to an other if one of yâ— ioynteâ—auÌ„â—eÌ„s atturneth it is ynoughe Finally if a lease be made for terme of lyfe the remayndre to an other in tayle the remayndre ouer to the ryght heyres of the tenauÌ„t for terme of lyfe if in this case the tenauÌ„t for terme of lyfe wyll graunte hys remayndre in fee to an other by hys dede thys remayndre passeth forthwyth without any atturnement for if any atturnement were requisite it shulde be made of the tenauÌ„t for terme of life whyche in this case is the grauntour hym selfe And in vayne
vnder the value of x. marke Also no Mortuarie shal be taken but onely where Mortuaries haue bene vsed to be payde and there after the forme hereafter mencioned Nor in no mo places but one that is to were there where his most abiding is and there but one Nor no persone shal take for a Mortuarie of any person being at his death of the value of x. markes aboue his dettes paid and vnder xxxli aboue .iij s iiij d And of the value of xxx li. and vnder lx lj not aboue vi s viii d And of the value of lx li. or aboue to any summe what so euer it be not aboue x. s. Prouided that no Mortuarie shal be asked nor payd for any woman couert baron or child or any person not keping house or for any wayfaring man but the mortuaries of such wayfaring men be an sweâ—able in that place where they had their most dwelling at yâ— time of their death Prouided that any such spiritual persoÌ„ may take any thing which shal be disposed or bequethed to him or to the high aulter of the church Also no thing shal be taken for Mortuaries in wales nor the marches of yâ— same nor in Calys or Berwyke or the marches of the same but only in such places of yâ— same where mortuaries haue bene accustomed to be paid and there but onely after the forme aboue specified Prouided that the byshops of Bangour Landaffe saint Dauies saint Asse the archdeken of Chester may take such mortuaries of yâ— prestê°â— within their diosices iurisdictions as heretofore haue bene accustomed Prouided also that in such places where mortuaries haue bene accustomed to be taken of lesse value none shal be compelled to paye any other mortuarie or more for any mortuarie then hath bene accustomed nor no mortuarie there shal be demaunded of any person exempt by this acte vpon payne afore lymyted ¶ An acte for the assuraunce of fermoures made aÌ„ 32. Hen. 8. AL leases heereafter to be made of any manours laÌ„des tenementes or other hereditamentes by wryting inâ—cted vnder seale for terme of yeres or for terme of life by any persons being of ful age of one and twenty yers hauyng any state of inheritaÌ„ce either in 〈◊〉 simple or in fee tayl in their own right or in the right of their churches or wyâ—es or ioyntly with their wiues of any estate of inheritaÌ„ce made before yâ— câ—uerture or after shal be good effectual in the law agaynst yâ— lessours their wyues hâ—yres and successours according to such estate as is comprised in euery such indenâ—iâ—ee of lease Prouided that this acte shal not extende to any leases to be made of any laÌ„des tenemeÌ„tes or hereditameÌ„tes being in the handes of any fermoâ—t by vertue of any olde lease onles the same olde lease be expired futrendâ—ed or ended within one yeare nexte after the making of the sayd new lease nor yet shal extende to any graunt to be made of any reuertion of any landes tenementes or hereditamentes nor to any lease of any such landes tenementes or hereditamentes as haue not most commonly bene letten to ferme or occupied by the fermours therof by the space of .xx. years nexte before such lease therof made nor to any lese to be made without impeachment of waste nor to any lease to be made aboue the numbre of xxi yeares or thre liues at the most from the day of making therof And that vpon euery such lease there be reserued yearly during the same lease dewe payable to the lessours their heires and successours to whom the same landes shuld haue come after the dethes of the lessours if no such lease had bene therof made and to whom the reuersion therof shal perteine according to their estates interestes so moch yerly rent or more as hath bene most accustomably yelden for the same within .xx. yeres next before such leases therof made that euery person to whome the reuersion therof shal perteine after the deathes of such lessours or their heires shal haue such lyke remedy and auantage to al ententes and purposes against the fermours therof their executours and assignes as the same lessour shuld or myght haue had Prouided also that yâ— wyfe be made partie to euery such lease as shall be made by her husbande of any landes being the inheritance of the wife and that euery such lease be made by indenture in the name of the husbande his wife and she to seale yâ— to same And that the rent be reserued to the husbande and to the wife and to the heires of yâ— wife accordiÌ„g to her estatâ— of inheritance in the same And that the husbande shall in no wise aliene discharge grauÌ„t or giue awey yâ— same reÌ„t reserued nor any parte therof longer then during the couerture without it be by fyne leuyed by the sayde husband and wyfe Prouided furthermore that this acte extende not to giue any lybertie or power to any persons to take any mo fermes leases or takings of any manours laÌ„des tenementes or other hereditamentes than they myghte lawfully haue done before yâ— making of this acte nor yet extende to giue any libertie or power to any person or vicar of any church or vicarage for to make any lease or graunt of any their messuages landes tenementes tithes profytes or hereditameÌ„tes belonging to their churches or vicaragies otherwise than they myght haue done before the making of this acte ⧠An acte that fermoures shall take auantage of condicions and couenantes against grauÌ„tees of reuersions aÌ„ 32. Hen 8. AL fermours and grauntees of lordships landes rentes personages tithes portioÌ„s or any other hereditamentes for terme of yeares life or liues their executours administratours and assignes shal haue like action and remedy against all persons and bodyes polytike their heires successours and assignes whiche haue or shall haue any gift or graunte of the king or of any other person of the reuersion of the same lordships landes tenementes and other hereditameÌ„tes so letten or any parcel therof for any condicion couenant or agrement conteyned in the indentures of their lease as they might haue had against their sayd lessours and grauntours their heires or successours al benefytes aduantagies of recouries in value by reason of any warranty in dede or in law by voucher or otherwise onely excepted Prouided that this acte shall not extende to hinder or charge any person for the breche of any couenant or condition comprised in any such writing as is aforesayd but for such couenantes and condicions as shall be broken or not perfourmed after the fyrst day of Septembre in the .xxxii. yeare of this king and not before ⧠Of falsifieng of recoueries by fermers inacted aÌ„ 21. Hen. 8. All fermers or lessees for terme of yeares may herafter falsefie for their terme onely recouerees had by fayned titles aswell as a tenaunt of frehold might at the comen law And the same fermers or termers their executours and assignes shal enioy their
sayd termes according to their leases agaynst suche recoueries euen as yf none such had be suffered In whiche case neuertheles the recouerer after such recouery had shal haue lyke remedy against the termers by auowry or action of dette for rentes and seruices reserued vpon the same lesses being dew afore the same recoueries and lyke actions for waste done after the same recoueries as the lessours myght haue had if no such recouery had be had Furthermore no statute staple statute marchant nor executioÌ„ by elegit shal be herafter auoyded by any such fayned recouery but like remedy shal be had to auoyd and falsefie the said recoueries as by the premisses is ordeined for the fermour or lessee for terme of yeares ⧠An acte for auoiding of recoueries by collusion against tenaÌ„tes for terme of lyfe aÌ„ 32. HeÌ„ 8. WHere diuerse persons being seased of landes tenementes and hereditameÌ„tes as tenaÌ„tes by yâ— courtesy of Englande or otherwise onely for terme of life or liues haue heretofore suffred other persons by agremeÌ„t or couin betwene them had to recouer the same against them in the kinges court by reason whereof those ê‘sons to whome the reuersion or remainder thereof hath belonged haue after the dethes of the same particular tenantes bene driuen to their actions for the recontinuance and obteyning of the said landes and tenementes so recouered to their greate importable charges and expenses and somtime haue bene clerely disherited of yâ— same it is therfore inacted that all suche recoueries herafter to be had or prosecuted by agrement of the parties or by couin against any suche particular tenant of any landes or hereditamentes wherof the same particular tenant is or herafter shal be seased as tenaÌ„t by the curtasie of England tenant in taile after possibilitie of issue extincte or otherwise for terme of lyfe shal from hensforth as against such persons to whoÌ„ the reuersioÌ„ or remainder therof shal then appertayn ageinst their heires and successours be clerely voyde and of none effecte Prouided alway that this act shal not extend to any person that shal hereafter by good title recouer any hereditamentes without frawde or couin against any such partituclar tenant by reasone of any former right or title nor to auoyd any recouery hereafter to be had against any such particular tenaunt by thassent and agrement of those in the reuersion or remaynder so that the same assent and agrement do appere of record in the kinges court ⧠Of discontinuance IT is called a discontinuaÌ„ce by the lawes of Englande when he that hath the possession of landes or tenementes for the time present yet not hauing the fe simple in himselfe nor in his own right only maketh an altâ—enation of the same laÌ„des to an other person by reasoÌ„ wherof he that shuld haue them after him and which then hath right vnto them can not entre into them but is driuen to his remedy by wey of action in such wise that the sayd landes be not vtterly shifted and gone troÌ„ such person of persons as haue right vnto them but be aloÌ„ly discontinued for a time til the person which after the death of such discontinuer hath right vnto them do recoÌ„tinew bring them home againe not by entrye but by sute and wey of action As for exemple if tenaÌ„t in taile of certaine landes doth infeffe an other in the same in se simple or fe taile and hath issue and â—peth his issue can not entre into the landes though he hath title and right vnto them but is put to his action whiche is called â— formedone in the descendre And if such tenaÌ„t in taile which maketh such a feoffement hath no issue at tyme of his death it is yet neuerthelesse a discontinuance to him which is either in the reuersion or in the remaindre so that neither th one nor thother can entre but they be driuen to their action he in the reuersion to his formedone in the reuertir and he in the remaindre to his formdone in the remaindre In like maner if a bishop doth aliene landes which be parcel of his bishoprich and dyeth this is a discontinuance to his successour forasmoch as he can not entre but is driuen to his writ of entre sine asseÌ„su capituli Semblably if a Deane be sole seised of laÌ„des as in yâ— right of his deanrye and maketh suche an alienation this is a discontinuance to his successour Also if the maistre of an hospital alieneth certaine laÌ„dâ—s of his hospital this is a discontinuaÌ„ce and his successour can not entre but is put to his writte de Ãngressu sÃne assensu coÌ„fratrum sororum But if a persoÌ„ or vicare of a church will alien any landes or tenementes whiche be parcell of his glebe landes to an other in fe simple or in fe taile and dyeth or resigneth his benefice this is no discontinuance to his successour but that he may very wel entre not wtstandinge suche alienation made by his predecessour The cause of this difference Master Litletonne doth largely declare in his boke of Tenures which to auoid ê“lixitie I here omitte and remitte you to him Only of this one thing I wil admonishe you that in the .xxxij. yeare of this kingê most noble reigne it is inacted that no fine feffement or other acte to be made or suffred by the husband only of any landes or tenemeÌ„tê being the inheritaÌ„ce or frehold of his wife duringe the couerture betwene them shal be any discoÌ„tinuaÌ„ce therof or be preiudicial or hurtful to the said wife or to her heires or to such as shal haue right title or interest to the same by the death of such wife but that the same wife and her heires and such other to whom such right shall apperteine after her decesse shal may thaÌ„ lawfully entre into all such landes tenemeÌ„tes according to their rightes and titles therin ⧠That wrongful disseisin is no discent in the law inacted aÌ„ of wrongful disseisin 32. Hen. 8. WHere diuers persons afore this time haue by strength and wtout title entered into laÌ„des tenemeÌ„tes and other hereditamentes and wroÌ„gfully disseased dispossessed yâ— rightful owners and possessours therof so being seased by disseisin haue therof died seased by reason of whiche dieng sesed the parties yâ— were so disseised and dispossessed or such other persons as before suche discent myght haue laufully entred into yâ— said laÌ„des and tenementes be therby clerely excluded of their entre into yâ— said laÌ„des and tenementes put to their action for their remedy and recouery therin it is inacted that the diâ—g seased herafter of any such disseisour of any laÌ„des tenemeÌ„tes or other hereditameÌ„ts hauing no right or title therin shall not be taken or demed any such discent in the lawe for to take away the entrie of any suche persons or their heires whiche at the tyme of the same discent had good and lawful title of entre into the saide landes
of his children and payment of his dettes or otherwise at his pleasure Sauing to the King aswel the wardship and primer season of as moch as shal amouÌ„t to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise And euery person hauing laÌ„des or truementes of estate of inheritaunce holden of the king in chief by knightê seruice other landes holden of him or of any other by knightes seruice or otherwise shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of the same in thre partes to be diuided or elles as moch therof as shal extende to yâ— yearly value of two partes of the same in three partes to be diuided in certainty Sauing to the king yâ— wardship primer season of as moch thereof as shall amounte to the yerely value of the third part wtout diminution dower couein charge or subtractioÌ„ of the same or of the ful profittes therof Sauing also al fines for alienations as is abouesayde Item euery person holding landê or other hereditamentes onely of any other than of yâ— King by knightes seruice and other landes and tenemeÌ„tes in socage or of the nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutioÌ„ dower fraud c And euery person holdinge onely of the King by knightes seruice but not in chief or holdiÌ„g of yâ— king by knightes seruice and not in chiefe and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of yâ— nature of socage tenure may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice two partê of the hereditamentes holden of any other persoÌ„ by knightes seruice or as moch of either of them as shal amouÌ„t to the ful yearly value of two partes and also al his landes and tenemeÌ„tes so holdeÌ„ in socage or of the nature of socage tenure Sauing as wel to the king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution c. As also to the lordes of whom any of the said landes or other hereditameÌ„tes bene holden by knightes seruice for wardshyp as moche of the same so holdeÌ„ of them by that seruice as shal amount to the clere yerly value of the thirde parte in maner aboue declared Prouided that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii part of all the sayde hereditamentes whereof the king shal be intitled to haue the custody or primer season than the kinge maye take into his handes as moch of thother two partes of the sayd hereditameÌ„tes as with that of the same hereditameÌ„tes remayning in his haÌ„des shal make vp the clere yearly value of the thirde parte of the said laÌ„des and tenementes so to be had to him in title of wardship and primer seasoÌ„ And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concerniÌ„g only his third part for title of wardship Also al persons shal sue their lyueries for possessions reuersions or remaynders and also pay reliefes and heriettes like as they shuld haue done before yâ— making herof And fines for alienatioÌ„s shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fiâ—e or feoffement Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde none other fine shal be payd in the same court for any such writtes Item where two or more persons holde of the king by knightes seruice ioyntly to them to the heires of one of them and he that hath the inheritaunce therof dyeth his heire beinge wtin age the king shal haue yâ— warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding Sauing to al women such right title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of yâ— two partes of the said landes or tenementes seuered froÌ„ the thirde parte as is abouesaide and not otherwise And sauing also to the king the reuersions of al such tenaÌ„tes in ioyntenure and dower immediatly after the death of such tenantes if they shal happen to die during yâ— none age of the kinges wardes ⧠Of mariagies inacted aÌ„ 32. Hen. 8. IT is inacted that from the first day of Iuly in the yeare of our Lorde a M.D. and XL. al mariages within this churche of Englande contracted betwene lawful persoÌ„s as by this act we declare al persoÌ„s to be lauful that be not prohibited by gods law to mary such mariages being contract and solemnised in the face of the church consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene yâ— parties so maryed shal be demed taken to be laufull good indissoluble not withstaÌ„dyng any precontract of matrimony not coÌ„suÌ„mate with bodily knowlege whiche either of yâ— persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consuÌ„mate or wherof such frute is ensued or may ensue as afore and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise And that no reseruation or prohibition godes lawe excepte shal trouble or impeache any mariage without leuiticall degrees And that no person shal after the said fyrst day of Iuly aforesaid be admitted in any of the spirituall courtes with in this the kinges realme or any hys other landes and dominions to any processe plee or allegation contrary to this acte FINIS EX AEDIBVS RICHARDI TAVERNERI PER RICHARDVM BANKES TYPOGRAPHVM CuÌ„ priuilegio ad imprimendum solum