abbrydge hym of parte of his power as to condycyon with hym that he shal not aliene the landes 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 begoten vpon coÌ„dicion that he nor his heyres shal aliene the landes to none other ê‘sone this condicion is good and effectuall in the lawe and if he or his heyres contrary to che condicion do aliene them than the donour or his heyres maye very well entre and reteyne the landes for euer bicause this condicyon dothe stande with the statute of WestmÌ„ seconde whiche prohybiteth suche alienacions to be made Hyther vnto I haue spoken of coÌ„dicions in dede nowe wyl I shewe what be condicions in lawe that be annexed to any estates Knowe ye therfore that yf thoffyce of a ê‘ker or stewarde or suche lyke offyce be grauÌ„ted to a man for terme of his lyfe thoughe there be no condicion at al mencioned in the graunt yet the lawe speketh a condicion in this case whiche is that yf the partye to whom suche offyce is gyuen shal not execute al poyntê apperteynynge vnto his offyce accordyngly it shall be lawfull for the grauntour to entre and discharge hym of his offyce this condicion is called a condicion in lawe ¶ Of lyuery of season and of atturnement ¶ In all feffementê gyftê in tayle leeses for terme of lyfe or for terme of anothers lyfe of landes or tenementes there can be no alteracion or transmutacion of possession onlesse there be a certayne ceremonye of lawe adhibited and solempnised in the presence and syght of neyghbours or others whiche ceremony is called lyuery of season And ye shall vnderstande that this ceremonye of lyuerye of season is done whan the feffour donour lessour or theyr deputy come with the neighbours solemplye to the landes or tenementes there put the feffee donee or lessee in possession of the said landes or tenementê by deliueryng vnto hym a clod of erth or the ring of the dore or some other thynge in the name of season and for this selfe cause this ceremony of lawe is called lyuery of season that is to wyt a tradicion or gyuynge of season But this ceremony is not required in leeses for terme of yeres or in leeses at wyl in as moche as the lessour in suche case remaineth styl seased and the lessee hath only the possessyon without the season and therfore the termes of the lawe be that suche a maÌ„ is possessed where as in feffementes gyftes in tayle and leeses for lyfe he is called seased Wherfore yf a feffement or lees for lyfe be made of landes or tenementes and before liuery of season be made the feffour dyeth the heyr of the feffour shall haue the landes by the regour of the lawe notwithstandynge that the feffee hath payed to the feffour the pryce of the land and although the feffee be in possessyon But other wyse it is of alees for terme of yeres A lyke ceremonye is vsed whan rent charges whan rent seruyees and suche other thynges as passe bygraunt be graunted for it is no ful and perfyte graunt tyl it be consignyte as it were with the ceremony of atturnement This atturnement is nothynge elles but whan the tenaunt of the lande of whiche the reuersyon is graunted or out of which a rent is graunted do make some euydent signification and token that he accepteth the persone to whome the graunte is made to be in the same respecte vnto hym that the grauntour was As if the tenaunt of the lande after he haue herd of the grauÌ„t coÌ„meth to the grauntee that is to wyte to the persone to whome the graunt was made and say in this wyse or in lyke effecte I agree me to the graunt made vnto you by suche a man or I am well apayde and contented of the grauÌ„t that suche a man hath made vnto you But the moost vsual and frequent forme of atturnement is to say Syr I atturne vnto you by force of the sayd graunt or I become your tenauÌ„t or to delyuer vnto the grauÌ„tee a peny or halfpeny by way of atturnement Yf a man maketh fyrst one grauÌ„t to one persone and after another to an other persone that graunt shall stande to whiche the tenaunt wyll atturne although it be the latter And ye shall note that yf a man be seased of a maner whiche is ê‘cell in demene and ê‘cell in seruyce and doth altene the same maner to an other onlesse the tenauntes of the maner do atturne the seruices shal not passe onely tenauntes at wyll excepted for it nedeth not to cause them to atturne Note that there is a great difference bytwene gyuynge a penye in name of season and gyuynge it by waye of atturnement for whan it is gyuen of the tenaunt to the grauntee in name of season it dothe not onely implye an atturnement but also it gyueth hym suche a season that yf the rente afterwarde be behynde and not payde he may nowe vpon the season of the peny after a lawfull distres and rescus made brynge an assyse of nouel disseason where as yf it were gyuen only by waye of atturnement he could not brynge the assyse but his wryt of rescus onely Also ye shall vnderstande that where as landes be deuisable by the custome of any auncient boroughe or city yf there be reuersion of any landes be by testamente bequethed to a man iÌ„ fee and the diuysour dyeth the deuisee that is to wyte he to whome the deuyse was made hath forth with the reuersion iÌ„ hym without further ceremonye of atturnement Lykewyse it is if a maÌ„ of seruyce that the tenaunte oweth to his lorde is called knyghtes seruyce ¶ Knyghtes seruyce ¶ Knyghtes seruyce is homage fealtie escuage and who so euer holdeth his landes by knyghtê seruyce is bounde by the lawe to do his lorde homage and fealtie and to paye escuage whan it shal be assesed by parliament Homage is the mooste reuerent seruyce that is for whan the tenaunt shall do sytte the tenaunt shal knele before hym vpon bothe knees and shal holde his handes bit wene his lordes handes saye in this wise I become your man from this day forth warde of lyfe and of membre and of terrene honour and to you shal be faythfull and loyall fayth to you shall beare for that landes that I clayme to holde of you sauynge the fayth that I beare vnto our soueraigne lorde the kynge and thaÌ„ the lorde so syttyng shal kysse hym But if an abbot or pryour or any other persone of religion shall do homage to his lorde he shall not saye I becom your maÌ„ bicause he hath professed hym selfe to be the onely man of god but shall saye I do to you homage shal be to you faythfull and true and fayth to you shall beare for the tenementes that I holde of you sauynge the fayth whiche I do owe to
chapitre it is enacted that yf in case the lordes do mary theyr warde to vylaynes or others wheare is a dispargement yf suche heyre so maried be within thage of xiiij yeres or of suche age that the sayd warde can not consente to the maryage Than yf the frendes of this heyre complayne or fele them selues greued with this vnmete maryage the next of kyn to the heire vnto whom the heritage can not descende may entre in to the landes and put out the gardeyne in cheualrye yf the next kyndesman wyll not thus do another kyndesman of the infante maye do it and shall take the issues and profites to the vse of the heyre and shall yelde accomptes therof vnto hym whan he coÌ„meth to his full age But there be dyuers other dispargementes which be not expressed in the said estatute as if the heyre beynge within age of consente and in warde be maryed to a creple as to one that hath but one fote or one hande or that is a defforme creature or hauynge any horryble disease or contynuall infyrmitye All these and suche lyke be dispargementes But here ye shall vnderstande that it shall be sayd no dispargemente onlesse the heyre be so maryed beynge within the age of discrecyon that is to saye of .xiiij. yeres For yf he be of that age or aboue and consenteth to suche maryage it is no dispargement neyther shall the lorde for suche maryage lose his warde bycause it shall be reputed to the folye of the heyre beynge of age of discrecyon to consent to suche maryage Now yf the gardeyn offre to the heyre beinge in his warde a conuenient maryage without dispargement and the heyre refuseth it as he may very wel do than the lorde shal haue the value of the mariage of suche heyre whan he coÌ„meth to his full age But yf he mary hym selfe beynge in warde agaynst the wyll of his gardeyne than he shall paye the double value by force of the estatute of Merton before remembred And ye shall note that yf landes holden by knyghts seruice descende to an infante from his mother or from any of his auÌ„cestours his father beynge eytalyue in this case the lord shal not haue the maryage of this heyre for duryng the lyfe of the father the sone shal be in ward to no man Finally it is to be knowen that he whiche is gardeyne in cheualry in ryght may after he hath seased the warde graunt the same yet her by dede or without dede to another and than he to whom suche graunt is made is called gerdeyn in fayte Nowe as touchynge reliefe ye shall knowe that yf a man holdeth his lande by knyghtes seruyce and dyeth his heyre beynge of full age the full age of the male is .xxj. yeres of the female .xiiij. than yâ— lord of whome the lande is holden shall haue of the heyre reliefe Reliefe of a hole knyghtes fee is C. sÌ„ and of halfe a knyghtes fee fyftye sÌ„ c. Also a man may holde landes of a lorde by two knyghtes fees and than the heyre beynge of ful age at the deth of his auÌ„cestour shall pay to his lorde for reliefe .xl. li. ¶ Seruyce of castell garde ¶ Ye shal vnderstande that a man may hold by knyghtes seruyce and yet not holde by escuage nor shall paye no escuage for he maye holde by castell garde that is to saye by seruyce to kepe a towre of his lordê castell or some other place vpon a reasonable warnynge whan his lorde heareth that enemyes wyll come or be come in to Englande This seruice is also knyghtes seruyce and draweth to it warde maryage and reliefe as other knyghtes seruyce dothe ¶ Of graunde sergeauntye ¶ There is also an other kynde of knyghtes seruice called graunde sergeaunty which is where a maÌ„ holdeth his landes or tenementê of the kynge by suche seruyce as he oweth in proper persone to do as to beare the banet of our soueraygne lorde the kynge or his spere or to conduct his hoste or to be his marshall or to be the sewar caruer or butler at the feest of the coronacion or to be one of the chaÌ„brelaynes of the receypte of his eschequere or to do semblable seruyces to the kynge in proper persone suche maner of seruyce I say is called graund sergeauntye and the cause why it is so called is bycause it is the moost honorable and moost worthye seruyce that is for he that holdeth by escuage is not appointed by his tenure to do any other more specyall seruice thaÌ„ an other is bounde that holdeth by escuage but he that holdeth by graunde sergeauntye is bounde to do some speciall seruyce to the kynge Also yf he that holdeth of the kynge by graunde sergeauntye dyeth his heyre beynge of full age than the heyre shall pay to the kynge for reliefe not onely C. sÌ„ as he that holdeth by escuage shall do but the clere annuall value of those landes and tenementes whiche he holdeth of the kynge by graund sergeanty Furthermore ye shall note that in the marches of Scotlande some holde of the kynge by cornage that is to saye by blowynge of an horne to warne the men of the countrey whan they here that the Scottes or theyr enimyes be commynge or be alredye entred in to Englande which seruyce is also graunde sergeauntye Graunde sergaunty is as moche to saye in latyn as magnum seruiciuÌ„ that is to saye a great or hygh seruyce lyke as petite sergeauntye is called peruuÌ„ seruitium that is to saye a lytle seruyce But to reuert agayne to the thing yf any tenaunt holdeth of any other lord than of the kynge by suche seruyce of cornage than it is no grauÌ„d sergeauntye but yet it is knightes seruyce and draweth to it warde maryage and reliefe for none can holde by graunde sergeauntye but of the kynge Finally ye shal vnderstande that all they whiche holde of the kynge by this seruyce called graunde sergeauntye do holde of the kynge by knyghtese seruyce and the kynge shal haue of them warde mariage and reliefe but escuage he shall not haue of them onelesse they hold by escuage of hym by expresse wordê ¶ Petite sergeaunty ¶ Tenaunt by petite sergeauntye is he that holdeth his lande immediatly of our soueraygne lorde the kynge by this seruyce to pay to the kynge yerely a bowe or a spere a dagger a swerde a payre of gauntlettes a payre of spores of golde shafte or such other smal thingê apê‘teynyng to the warre and this seruyce is in effect but socage bycause that suche a tenaunt is not bounde by his tenure to go ne do any thing in his owne propre ê‘sone touching the warre but onely to rendre and paye yerely certeyn thynges to the kynge as a man oughte to paye a rente wherfore this seruyce of petite sergeaunty is no knyghtes seruyce but yet ye shall note that a man can not holde neyther by petite sergeauntye neyther by graunde sergeaunty but of the kynge
entre in to the landes thus descended vnto them nowe they be called perceners or coheyres by a wryt called Dep ê‘ticione facienda brought by one of them agaynst the others they shall be constrayned by the lawe to suffre an egall ê‘ticion to be made of the landes bytwene them Nowe particion maye be made in sundrye wayes One waye is whaÌ„ they them selue do make ê‘ticioÌ„ bitwene theÌ„ of those heritage and do agree vnto the same and entre euery one in to her parte so alotted vnto her An other is whan by all theyr agrement and consent one coÌ„mon frende do make the particion In whiche case the eldest syster shall haue the first election and after her the seconde syster and so forth but if they agree that the eldest syster shal make the particion she maketh it than the eldest shall not chuse first but shall suffre all her other sisters to chose before as it is thought There is also an other forme of ê‘ticion whiche is egally to deuyde the landes in to so many partes as there be coheyres or ê‘ceners and to wryte euery parte so deuyded in a seueral scroull of paper to put the sayd scroulles in to a bonet or to enclose them seuerally in balles of waxe and than th eldest syster to chuse which ball she wyl or to put her hand in to the bonet to take a scroull to holde her to her chauÌ„ce and allotment so consequently euery syster after other And ye shall note that particion by agrement may as well be made by nude and bare wordes without wrytynge as by wrytynge That yf any of the perceners wyl not suffre any particion to be made than may thother that wolde haue peaticyon purchase a wryt called De particione facienda agaynst theÌ„ that refuse particion to compel the same to suffre particion to be made accordyngly and thaÌ„ by the iudgemeÌ„t of the courte the sheryfe by the serement of twelue men shal make particion bytwene them and shall assigne to eche sister her porcion as he shall thynke good wtout gyuyng any election to theldest And yf two maners or meeses descend to two systers and the maners be not of egal value than may she to whom the lesse maner is allotted haue assigned vnto her a rente proporcyonably out of the others maner Finally ye shal vnderstande that yf a man be seased of landes in fee simple and hath issue two doughters and gyueth with one of his doughters to an other men the third or fourth parte of his land iÌ„ franke maryage and dyeth if in this case the doughter that is in this wyse auaunced wyll haue her porcion of her fathers heritage she must put her lande gyuen vnto her iÌ„ franke mariage in hochepot newe againe I meane she muste be contented to suffre her sayd landes to be coÌ„mixt and meÌ„gled with the other landes of whiche her father dyed seased in fee so that an equall diuision maye be made of the hole or elles she shal haue no ê‘te of those landê of whiche her father dyed seased but yf her father had made vnto her but a coÌ„mon gyft in tayle or a feffement in fee she shold not nede to put her landes in hochepot but maye retayne them styll and also haue as good a ê‘te of the rest of the landes of whych her father dyed seased as her other sister or sisters For a gyfte iÌ„ franke maryage is acompted the mooste free or moost liberall gyfte that can be and that whiche the law iudggeth to be onelye for the aduauÌ„cement and bestowyng of the doughter where as feffementê in fee and also coÌ„mon gyftes in tayle be acustomably for other causes and for the aduauntage rather of the gyuour or seffour ¶ Of condicions ¶ Forasmoche as euery estate is eyther pure or condcional it were not amysse somwhat to make a declaracyon of the nature and efficacye of condicions Wherefore ye shal vnderstand that of coÌ„dicions some be actuall condicions called condicions in dede and other some be coÌ„dicyons in lawe Condicyons in dede be suche as by annexed by expresse wordes to the feffement lees or graunt eyther in wrytynge or without as yf I infeffe a man in certayne landes reseruinge to me and to myne heyres so moche rent yerely to be payde at suche a feest and for defaute of payment that it shall be lawfull for me to reentre this is a feffement vpon condicyon of payment For the not payment of the rente shall dissolue the feffement Semblably it is of gyftes in tayle leeses c. But yf the condicion be that for defaulte of paiment of the rent it shal be lawful for the feffour to entre agayne in to the landes and to holde them tyl he be satisfyed of the rent this condicyon not performed doth not dissolue the feffement but oneli gyueth to the feffour an authoritie to reteine the landes as it were by way of distresse tyl he hath leuyed the arreragyes of the rent And ye shall obserue that condicyons 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 condicioÌ„ that ye shall do suche an acte as to pay vnto me or to myn heyres such annuall rent On the feffours behalfe as whaÌ„ I make a fessement vnto you vpon condicion that yf I pay or cause to be payde vnto you before suche a day suche a somme of money than it shall be lawfull for me to entre agayne and reteyn my landes in my former estate In this case ye that be the feffee are called tenaunte in morgage which is as moche to say as a deed gage and it semeth that the cause why it is so called is forasmoche as it is doubtful whether the feffour wyll pay at the day prescrybed suche somme of money for the redemptioÌ„ of his landes or no for yf he do not his title or interesse in the landes thus gaged is vtterly extincte without all hope of reuyuynge Ye shall note that yf the morgageour dyeth before the daye of payment his heire may redeme the land very wel euen as wel as his auÌ„cestour that morgaged the lande myght haue done althoughe there be no mencion made of heyres in the wrytynge And yf whan the money is lawfully by the morgageour or his heire profered and the feffee refuseth to receyue the same the feffour or his heyre may entre and than hath the feffee no remedye for his monye at the coÌ„mon lawe Ye shall vnderstande also that some coÌ„dicyons be vtterly voyde in the lawe and of none effycacye as if a feffement be made of landes in fee vpon condicion that the feffee shall not aliene this same to none other this condicion I saye is voyde bycause the feffee is restrayned of his hole power that the lawe giueth in suche case vnto hym and whiche power and libertye is in maner included in euery feffemente yet I may
onely ¶ Homage auncestrell ¶ Tenaunt by homage auncestrel is he whiche holdeth his lande of his lorde by homage and bothe he and his auncestours whose heyre he is haue holden the same land of the sayd lorde of his auncestours tyme out of minde by homage and haue done vnto them homage and this is called homage auncestrell by reason of the longe continuauÌ„ce whiche hath ben by title of prescription as well concernynge the tenauncy in the blode of the tenaunt as concernynge the segnorye in the blode of the lorde And this seruyce of homage auncestrell draweth vnto it warrantye that is to saye yf the lorde which is now in lyfe hath ones receyued the homage of his tenauÌ„t he ought to warrant the same tenaunt what tyme so euer he shal be impleaded or sued for suche land so holden of hym by homage auncestrell Moreouer suche seruyce of homage auncestrell draweth to it acquitale yâ— is to saye the lord ought to acquite the tenure agaynst all other lordes that can demaunde any maner of seruyce out of the tenauncye Wherfore yf in this case the tenaunt whiche holdeth by homage auncestrell be impleaded of his landes and voucheth is lorde to warraunty who coÌ„meth in by processe and demaundeth of the tenaunte what he hath to bynde hym to the warrante and the tenure sheweth how he and his aucestours whose heyre he is haue holden his lande of hym and of his auÌ„cestours tyme out of mynde the lord yf he can not denye this and yf he haue receiued the homage of suche a tenaunte is bounde by the lawe to warrant hym his lande so that yf the tenaunt lose his lande in defaute of the lorde thus vouched that is to saye called to warranty he shall recouer agaynst hym so moche in value of those landes and tenementes whiche the lorde had at the tyme of callinge to warrantye or at any tyme after But if the lorde neuer receyued thomage of his tenauut than he maye very wel whan he is thus voucheâ— disclayme in the segnorye and so put out the tenaunt of his warrantye Where ye shall note that in euery case that the lorde disclayme in his segnory in courte of recorde his segnory is extincte and the tenaunte shall holde from thensforthe of the nexte lorde to hym that thus disclaymed Thus ye perceyue that homage auncestrell is not but where as is alonge continuauÌ„ce as well in the bloode of the tenaunt in respecte of his tenauncye as of the lorde in respecte of his segnorye Wherfore if the tenauÌ„t doth ones aliene his landes to an other althoughe he purchaseth the same agayne yet he shall not hold any lenger by homage auÌ„cestrell by cause of this discontinuaunce but shall holde it now by the vsuall homage ¶ Of socage ¶ Socage is properly where the tenaunt is bouÌ„de to come with his soke that is to saye with his plough to earye and sowe percell of the demene landes of his lorde which seruyce in auncyente tyme was very frequent but nowe by the mutuall consent bothe of the lorde and of the tenaunt it is conuerted for the moost parte in to a yerely rente How be it the name of socage abydeth styll Wherfore nowe all that is not knyghtes seruyce is called by the name of of socage So that yf a man holdeth by fealtye onely or by fealtye homage for al maner of seruice it is but socage tenure for homage alone maketh not knyghtes seruyce yea yf a man holdeth by escuage certayne as I haue sayd here tofore he holdeth in effecte but by socage Now where a man holdeth his landes by socage dyeth his heire beynge within thage of .xiiij. yeres the lorde shall not haue the warde but the nexte of kynne to the heyre to whome the heritage can not descende shall haue the wardeshyp as wel of the lande as of the heyre tyll the heyre come to the age of .xiiij. yeres and suche gardeine is called gardeyn in socage and shall rendre accomptes to the heyre for the issues and ê“fites that he hath receiued of the landes duryng suche tyme his resonable costes and expences deducted so that he shall not haue the wardshyp to his owne vse profite as gardeyne in cheualry hath Finally ye shal vnderstande that whan tenaunt in socage dyeth the lord shal haue reliefe that is to say the value of the rent that is yerely due vnto hym of the tenauncye besyde the yerelye rent so that in effecte after the dethe of his tenaunte he shal haue of the heyre .ij. rentes saue that for the relife he maye distrayne forthwith but for thaccustomed rente he can not distrayne tyll the vsuall daye of payment be come ¶ Franke almoyne ¶ Tenaunt in franke almoyne is where an abbot or pryour or any other man of religyon or ecclesiasticall persone holdeth of his lorde in pure and perpetual almes suche tenure began fyrste in olde tyme in this maner Whan a man was seased in olde tyme of certayne landes or tenementes in his demene as of fee and of the same tenementes enfeoffed an about his couent or a pryour and his couente or any other persone ecclesiastycall as a deane of a colege mayster of an hospitall or suche lyke to haue and to holde the same landes to them and to their successours for euer in pure and perpetuall almes or in franke almes in these two cases the tenementes sholde be holden in franke almoyne By force of whiche tenure they that holde in franke almoyne after this sorte be bounde of ryght before god to make orisons prayers to celebrate masses and other diuine seruices for the soules of theyr graunters and feffars and for the soules of theyr heyres which be deed and for the prosperous estate of theyr heyres that be nowe alyue And bicause of ryght they be bouÌ„de to this diuyne seruyce they be discharged by the lawe to do any other ê“phane or corporall seruyce as fealtye or suche other lyke But neuertheles yf such as hold theyr tenementê in franke almoyne do omit these diuine seruicê whervnto they be bounde before god the lorde can not distrayne them ne yet compel them by any other meanes by the course of lawe but the onely remedy is to complayne of them to theyr ordinary who of right ought to compell suche ecclesiasticall personnes to do the diuyne seruyce due as aforesayd But here ye shall note that yf an abbotte or pryour or parsone of a churche or suche lyke holdeth of his lorde by certeyne diuyne seruyce to be done as to syng masse euery frydaye in the weke or placebo and dirige or to fynde a preeste to synge masse or to distribute in almes C. pence to a hoÌ„dred men at such day In all these cases yf suche diuyne seruyce be vndone the lorde maye very well distrayne bicause the seruyce is put in certayntye Now I sayd that yf in olde tyme a man dyd infeoffe suche spirituall ê‘sone after such sorte he shold hold his lande