prysoner in warres and is compelled to serue and become the thrall and bondeman of hym that toke hym the lawe calleth suche persone a villayne And ye shall note that vyllaynes be properly called in latyn serui bycause that whaÌ„ they be taken in war the captaynes be wonte not to kyll them but to sell them and so to saue theyr lyfes so that they be called serui a seruando that is to say of sauyng They be also called Mancipia a manu capÃendo bicause that they be taken by hand poure of the enemies Nowe as I sayde by the lawe oâ— nature we are al borne free but after that by the lawe of Gentilitie seruitâ—te inuaded the worlde than ensued the benefyte of manumission Manumission is de manu datio that is to saye a gyuynge out of the hande or power For so longe as a man is in bondage and seruitute he is subiecte to the hande and power of an other and whan he is manumissed he is made free delyuered from the sayd power so that a manumission is nothynge elles than an enfranchisemeÌ„t that is to saye a wrytynge testifieng that the lorde hath enfranchised his villayn al his offpring and sequel Also yf the Lorde maketh to hys villayne an obligacion of a certeyne summe of money or grauntethe to him by his dede an annuitie or yearly pension or leaseth to hym by dede landes or tenementes for terme of yeres any of these actes do imply an enfranchisement Lykewyse yf the Lorde maketh a feoffement to his villayne and maketh vnto hym lyuery of seysâ— thys also is an enfranchisment and secret manumissioÌ„ Brefely to speke where so euer the lorde compelleth his vyllaine by the course of the lawe to do that thyng that he myght otherwyse eÌ„force him to do or to suffre without the auctoritie and compulsion of the lawe he doth by implication enfranchise his villayne as if the lorde wyl bryng agaynst his villayne an action of det an action of accompt of couenant or of trespace these and such lyke be in the eye of the lawe enfranchisementes and manumissions bycause that the lorde in all these cases may haue the effecte and purpose of his suite that is to saye the goodes catels and correctioÌ„ of his bondman without the compulsion of the lawe euen by his owne propre power and authoritie whyche he hath vpon hys villayne But if the lord doth sue his vilayne by an appeale of felonye the villayne beyng lawfully endyted of the same before this is no tacite manumission or infranchisemeÌ„te for the lorde though he haue power to beate his villaine and to spoyle him of his goodes yet he can not by the lawe of this Realme put him to deathe Ye shall also vnderstande that if a mannes villayne purchaseth landê or acquyre and gette vnto him anye other thynge the lorde maye by and by entre and sease the same in to hys owne handes Wherfore if the lorde wyll brynge agaynste hys villayne a praecipe ê™ reddat by whyche he demaundeth agaynst his villayne any landes or tenementes this implyeth an enfranchisemente for asmoche as he byndeth himselfe to the prescripte and authoritie of the lawe where as he might vse his owne authoritie by entring and seasing the said landes Finally ye shal marke that some villaynes be called villaynes in grosse and other some be called villaynes regardaÌ„t In grosse be they of which the lorde is seuerally seased and not by reasone of any lordeshyp or maner but they be called regardaunte whiche do belonge to a Manoure of whyche the lorde is seased and the sayd villaynes haue bene regardant that is to saye expectant and attendante tyme out of mynde to the lorde of the sayde Manour in doing vnto him suche seruices as to a villayne appertayne ⧠Of rentes ⧠FOr asmoch as vpoÌ„ euery tenure there is commonly reserued one rente or other therefore I thynke it good sumwhat to treate of rentes But ye must vnderstande that there be sundry sortes of rentes There is one kynde of rente whyche is called rent seruice â—n other whiche is called rent charge and the thyrde which is named in frenche rente secke that is to saye in latyne redditus siccus a drye rente Nowe rent seruice is so called bycause it is knyt to the tenure and is as it were a seruice wherby a man holdeth his landes or tenemeÌ„tê or at lest way when the rente is vnseuerably coupled and knyt wyth the seruice as for an exemple where the tenant holdeth his lande of the king or of any other lorde by fealtie and by certaine rente or by homage fealtie and certaine rent or by any other sortes of seruices by certaine rent this rent is called rente seruice And here ye shal note that if this rent seruice be at any time when it ought to be payed behynde and vnpayde the lorde of whom the land or tenement is so holden whether it be in fee simple fe taile for terme of life for yeres or at wyll may of common right entre and distraine for the rent though there be no mencion at all ne clause of distresse put in the dede or lease I said before that yâ— nature of this rent seruice is to be coupled and knyt to the tenure For where no tenure is there can be no rent seruice And therfore if at this day I be seised of landes in fee simple and make a dede of feffement of the same to an other in fe simple reseruing by the same dede a rente thys can be called no rente seruice bicause there can be nowe no tenure betwene the feffoure and the feffee Otherwise it is of feffementes in fee simple made before the statute of Westmester the thirde called Quia emptores terraruÌ„ For before the making of yâ— statute if a man had made a feoffement in fe simple reseruynge to him a certayne rent yea though it had bene wtout dede here had bene created a new tenure betwene the feffoure and the feffee and the feffee shuld haue holdeÌ„ of the feffoure who by vertue of the same myght of common right haue distreyned for suche rent But at this daye by force of the sayde acte there can be no suche holdyng or tenure created nor begonne and consequently no rent seruice can be at this daye reserued vpon anye gyfte in fee simple except it be in the kinges case who being chiefe lord of all euer might and may giue landes to be holden of him Thus ye se that at this day no subiect can reserue any rente seruice vnto him onles the reuersioÌ„ of the landes or tenementes that he shall graunt be styll in him as where he grauntethe them in feâ— tayle or maketh but a lease for terme of lyfe or for certayne yeares or ells at wil. For in al these cases the reuersion of the fee simple remayneth styll in hym and therfore if here be anye rent reserued it is to be called a rent seruice and is of common right distreynable
though there be no clause of distresse in the dede of feffemente or lease But here ye wyl aske me when in the case before remembred a man at this daye gyuethe cleane aweye the lande or tenement from himselfe in fee simple so that there is no maner of reuersion of the same remaynyng in him at all and yet neuertheles reserueth vnto hym by hys dede a certaine rent what maner rent this shal be called I answer if there be in the dede indented any clause of distresse put that is that if the rent be behind vnpayed it shal be lawful for the feffoure to entre and to distreyne it is called a rente charge forasmoche as the lande is charged therwyth but howe of common right no but only by vertue and force of the wrytynge But on the other syde if there be no suche clause of distresse put in the indenture thaÌ„ the rent so reserued shal be called a rent secke Likewyse if a man that is seised of certaine landes wyll graunte eyther by indeÌ„ture or by his dede polle that is to saye single and not indented a yearly rent out of the same landes to an other whether it be in fe simple fe tayle for terme of lyfe for yeares or at wyll wyth clause of distresse then this rent is called a rente charge and he to whom suche rente is graunted may for defaulte of payment therof entre and distreine But contrarely if the graunte be made wythout any such clause of distresse it is called reÌ„t secke that is to say a dry rent bicause he can not come to it in case it be denied by way of distresse in so moch that if he were neuer seysed of it he is by the course of the common lawe without remedie Otherwise it is of a rent charge for here he to whoÌ„ the graunt is made whaÌ„ the rent is behinde may chose whether he wyll sue a wrytte of annuitie againste the grauntoure or distreyne for the rent behynde and reteine the distresse tyll tyme he be paid accordingly But he caÌ„ not haue both remedies to gither but muste take him to the one for if he ones recouer by a wrytte of annuitie then is the lande discharged And if he sewe not his writte of annuitie but distrayne for the arreragies and the tenauâ—te seweth a â—epleuin wherupon yâ— other auoweth the taking of the distresse in court of recorde then is the land charged and the person of the grauntour discharged of the action of annuitie Ye shal also vnderstand that if a maÌ„ wyll that an other shall haue a rent charge coÌ„myng out of his lande and yet wyll not that his person shuld be by any meanes charged by wrytte of aÌ„nuitie he may thaÌ„ haue such clause in the ende of his dede Prouiso ê™ praesens scriptum nec quicquam in eo conteÌ„tum ullo pacto se extendat ad oneraÌ„dam personam meam per breue seu actionem de annuitate sed tantuÌ„ modo ualeat ad onerandum terras fuÌ„dos tenementa mea de annuo redditu praedicto If thys or suche lyke clause be added then the land is charged and the person of the grauntour is discharged Also if a man wyll make a dede of graunte in this wise that if Iohn at Style be not yearly payd at the feast of Christms for terme of his life .xx. shillinges sterlyng that then it shall be lawfull for the sayd IhoÌ„ at Style to distreyne for it in the Manoure of Dale this is a good rent charge bycause the Manoure is charged with the rent by wey of distresse and yet neuerthelesse in this case the persone of him that made such dede is discharged of any action of annuitie forasmoch as he graunted not by his dede any aÌ„nuitie to the sayd Ihon at Style but onely grauÌ„ted that he might distreyne for suche yearly rent Furthermore ye shall note that if a man hath a rent charge to him and to his heires coÌ„myng out of certeyne landes and doth purchase any parcel of this land to him and to his heires in thys case the hole rente charge is qwenched and gone and the annuite also the cause is this the a rent charge can not be in suche case apporcioned Otherwise it is of a rent service for if one whiche hath a rent seruice as for exemple xx d. by yeare doth purchase parcel of the lande out of which this yearly rent of xx d. is commyng this shal not extinguish ne drowne yâ— hole rent but for that parcell only For reÌ„t seruice in suche case may very wel be apporcionate and rated according to the value of the lande Yet there be some sortes of rentes seruices which in no wyse can be apporcioned As where a tenaunt holdeth his lande of his lorde by the seruice to reÌ„dre to his lorde yearly at suche a feast an horse a ring of gold a redde rose a gylouer 〈◊〉 suche lyke if in this case the lorde doth purchase parcell of yâ— land thus of him holden this seruice is gone bicause such seruice can not be seuered ne apporcioned Also escuage is a seruice that may very well be apporcioned accordinge to the afferaunce and rate of the lande But where any lande is holden by homage and fealtie if the lorde purchaseth parcel of the land yet he shal haue hys homage and fealtie styll of his tenaunte Ye shall marke also that if a man maketh a lease of landes to an other for terme of lyfe reseruing to him certaine rent if in this case he grauÌ„teth the rent to Iohn at Style sauing to himselfe the reuersion of the said laÌ„d thys rente is but rente secke bycause Iohn at Style yâ— hath the rent hath nothing in the reuersion of the land But if he graunteth the reuersion of the lande to Iohn at Noke for terme of lyfe and the tenaunt atturneth accordingly then hath Iohn at Noke the rente as rente seruice bycause he hath yâ— reuersion for terme of his life Lykewise it is if a man giueth laÌ„des or tenementes in taile reseruing to him to his heires certaine rente or maketh a lease of the land for terme of life reseruinge certayne rent if he graunteth the reuersion to an other and the tenaunt atturneth accordingly the hole rent and seruice shal passe by this worde reuersion bicause the rent and seruice in suche case be incident to the reuersion and do passe by the graunt of the reuersion But if he had graunted the rent only the reuersion had not passed ¶ What remedy a man hath to recouer his rent when it is behynde I Shewed you before that for a reÌ„t seruice if it be behynde ye may distrayne in the grounde euen of common ryght thoughe there be no suche clause of distresse meÌ„cioned in yâ— dede of feoffement grauÌ„t or lease Also for a rente charge ye maye distreyne or bryng your wryt of annuitie at your choise and election as before is declared But of a rent secke if ye were neuer seised of
vnder the value of x. marke Also no Mortuarie shal be taken but onely where Mortuaries haue bene vsed to be payde and there after the forme hereafter mencioned Nor in no mo places but one that is to were there where his most abiding is and there but one Nor no persone shal take for a Mortuarie of any person being at his death of the value of x. markes aboue his dettes paid and vnder xxxli aboue .iij s iiij d And of the value of xxx li. and vnder lx lj not aboue vi s viii d And of the value of lx li. or aboue to any summe what so euer it be not aboue x. s. Prouided that no Mortuarie shal be asked nor payd for any woman couert baron or child or any person not keping house or for any wayfaring man but the mortuaries of such wayfaring men be an sweâ—able in that place where they had their most dwelling at yâ— time of their death Prouided that any such spiritual persoÌ„ may take any thing which shal be disposed or bequethed to him or to the high aulter of the church Also no thing shal be taken for Mortuaries in wales nor the marches of yâ— same nor in Calys or Berwyke or the marches of the same but only in such places of yâ— same where mortuaries haue bene accustomed to be paid and there but onely after the forme aboue specified Prouided that the byshops of Bangour Landaffe saint Dauies saint Asse the archdeken of Chester may take such mortuaries of yâ— prestê°â— within their diosices iurisdictions as heretofore haue bene accustomed Prouided also that in such places where mortuaries haue bene accustomed to be taken of lesse value none shal be compelled to paye any other mortuarie or more for any mortuarie then hath bene accustomed nor no mortuarie there shal be demaunded of any person exempt by this acte vpon payne afore lymyted ¶ An acte for the assuraunce of fermoures made aÌ„ 32. Hen. 8. AL leases heereafter to be made of any manours laÌ„des tenementes or other hereditamentes by wryting inâ—cted vnder seale for terme of yeres or for terme of life by any persons being of ful age of one and twenty yers hauyng any state of inheritaÌ„ce either in 〈◊〉 simple or in fee tayl in their own right or in the right of their churches or wyâ—es or ioyntly with their wiues of any estate of inheritaÌ„ce made before yâ— câ—uerture or after shal be good effectual in the law agaynst yâ— lessours their wyues hâ—yres and successours according to such estate as is comprised in euery such indenâ—iâ—ee of lease Prouided that this acte shal not extende to any leases to be made of any laÌ„des tenemeÌ„tes or hereditameÌ„tes being in the handes of any fermoâ—t by vertue of any olde lease onles the same olde lease be expired futrendâ—ed or ended within one yeare nexte after the making of the sayd new lease nor yet shal extende to any graunt to be made of any reuertion of any landes tenementes or hereditamentes nor to any lease of any such landes tenementes or hereditamentes as haue not most commonly bene letten to ferme or occupied by the fermours therof by the space of .xx. years nexte before such lease therof made nor to any lese to be made without impeachment of waste nor to any lease to be made aboue the numbre of xxi yeares or thre liues at the most from the day of making therof And that vpon euery such lease there be reserued yearly during the same lease dewe payable to the lessours their heires and successours to whom the same landes shuld haue come after the dethes of the lessours if no such lease had bene therof made and to whom the reuersion therof shal perteine according to their estates interestes so moch yerly rent or more as hath bene most accustomably yelden for the same within .xx. yeres next before such leases therof made that euery person to whome the reuersion therof shal perteine after the deathes of such lessours or their heires shal haue such lyke remedy and auantage to al ententes and purposes against the fermours therof their executours and assignes as the same lessour shuld or myght haue had Prouided also that yâ— wyfe be made partie to euery such lease as shall be made by her husbande of any landes being the inheritance of the wife and that euery such lease be made by indenture in the name of the husbande his wife and she to seale yâ— to same And that the rent be reserued to the husbande and to the wife and to the heires of yâ— wife accordiÌ„g to her estatâ— of inheritance in the same And that the husbande shall in no wise aliene discharge grauÌ„t or giue awey yâ— same reÌ„t reserued nor any parte therof longer then during the couerture without it be by fyne leuyed by the sayde husband and wyfe Prouided furthermore that this acte extende not to giue any lybertie or power to any persons to take any mo fermes leases or takings of any manours laÌ„des tenementes or other hereditamentes than they myghte lawfully haue done before yâ— making of this acte nor yet extende to giue any libertie or power to any person or vicar of any church or vicarage for to make any lease or graunt of any their messuages landes tenementes tithes profytes or hereditameÌ„tes belonging to their churches or vicaragies otherwise than they myght haue done before the making of this acte ⧠An acte that fermoures shall take auantage of condicions and couenantes against grauÌ„tees of reuersions aÌ„ 32. Hen 8. AL fermours and grauntees of lordships landes rentes personages tithes portioÌ„s or any other hereditamentes for terme of yeares life or liues their executours administratours and assignes shal haue like action and remedy against all persons and bodyes polytike their heires successours and assignes whiche haue or shall haue any gift or graunte of the king or of any other person of the reuersion of the same lordships landes tenementes and other hereditameÌ„tes so letten or any parcel therof for any condicion couenant or agrement conteyned in the indentures of their lease as they might haue had against their sayd lessours and grauntours their heires or successours al benefytes aduantagies of recouries in value by reason of any warranty in dede or in law by voucher or otherwise onely excepted Prouided that this acte shall not extende to hinder or charge any person for the breche of any couenant or condition comprised in any such writing as is aforesayd but for such couenantes and condicions as shall be broken or not perfourmed after the fyrst day of Septembre in the .xxxii. yeare of this king and not before ⧠Of falsifieng of recoueries by fermers inacted aÌ„ 21. Hen. 8. All fermers or lessees for terme of yeares may herafter falsefie for their terme onely recouerees had by fayned titles aswell as a tenaunt of frehold might at the comen law And the same fermers or termers their executours and assignes shal enioy their
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
it nor of any parcel therof ye be without remedy by course of the comoÌ„ law for ye can not distreyne for it nor yet bryng your wrytte of an nuitie but if ye were ones seised of it or of parcel therof and it is estsones behinde then youre remedie shall be this Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng and there demaunde the arreragies of the rent whiche if the tenaÌ„t denye to paye this denyal is a disseisin of the rent Also if the tenaunt be not then ready to pay it this counter uayleth a denyal which is a disseisin Moreouer if neither the tenaunt nor none other man be remayning vpon the grounde to pay the rent when ye demaund the arreragies this also is a denyall in the law and is in very dede a disseisin And of these disseisinê ye may haue an assise of nouell disseisin against the tenaunt and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee And if after suche recouery and execution had the rente be agayne at an other tyme denyed you then ye may haue a redisseisin and shal recouer your double dammagies c. It shal be therfore good wisdome for a man when a rent is grauÌ„ted by any persone vnto him to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent and then if at the next day of paiment the rent be denyed him he may haue an Assise of nouel disseisin And ye shall note yâ— there be thre causes of disseisin of rent seruice that is to wete rescouse repleuin incloser Rescouse is when the lorde vpon the lande holden of him distreyneth for his rent behynde and the distresse is rescued from him or if yâ— lord come vpon the land and wyl distreine and the tenant or any other man for hym wyl not suffre him this is called Rescouse Repleuin is when the lorde hath distreyned repleuin is made of the distresse by wryt or by playnt Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and haue his rent that is to wete by distresse And there be iiiij causes of disseisin of a rent charge the is to wete rescous repleuin encloser and denyer For denyer or denyal is aswell a disseisine of a rente charge as it is of a rent secke Finally ye shal vnderstande that there be two causes of disseisin of a rent secke that is denyall enâ—loset And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid that is to wete this when the lorde commeth to the lande holden of him or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd and the tenant hearing this encountreth him and forstalleth him the weye wyth force and armes and manaceth him in such sort as he dare not come to yâ— ground for to distreine for his rent behynd for feare of death or of mutilatioÌ„ of his membres this is a disseisin bicause the partie is disturbed of his mean lawful remedy wherby he ought to come to his rent Finally ye shall obserue marke that by an act of parliament made in the xxxij yeare of oure soueraygne lorde king Henry the eight it is lawful for the executours and administratoures of tenantes in fe simple tenantes in fee tayle and tenantes for terme of lyfe of rent seruices reÌ„t charges rent seckes and of fee fermes for the arreragies of suche reÌ„tes as were due vnto theyr testatoures in their liues either to distrayne for the same or at their election to brynge an action of dette sauyng in such lordshipes in Wales or in the marches therof where the tenauntes haue vsed tyme out of mynde to pay vnto euery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due vnpayd in her lyfe Likewise it is of him that hath a rent for terme of an other mans lyfe if he for terme of whose lyfe he hath the rent dyeth yet by vertue of yâ— sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had yâ— rent How Auowries ought to be made of rentes and seruices inacted aÌ„ 21. Hen. 8. WHere any landes be holden of any person by rentes customê or seruices if the lord distrayne vpon the same landes for any such rentes customes and seruices and repleuin therof be sued the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vpon the same laÌ„des as within his fee and scignorye aledging in the sayd auowry conysance or iustification the same landes to be holden of hym wythout namyng any person certayne to be tenante of the same and wythout making any auowrye iustification or conisaunce vpon any persone certayne And lykewyse vpon euery wrytte sued of seconde delyuerance And they that make any such auowrye iustification or conisaunce if yâ— same avowrye conysaunce or iustificatioÌ„ be fouÌ„d for them or the playntyffe be nonâ—uâ—â— or otherwise barred then they shal recouer their damagies and costes Also the said playntyffes defendauntê shal haue lyke plees lyke aide prayers plees of disclaymer onely except as they myghte haue had before the makyng of this acte Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce as well without processe as by processe shall from henseforth also in this case ioyne vnto them as wel wythout processe as by processe and haue lyke plees and lyke auauntages in all thinges disclaymer onely excepte as they myght haue by the comen law before thys acte ¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours made aÌ„ 32. Hen. 8. IT is inacted that aswel al persons whych haue or shal haue any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges
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
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
almoyne By force of whyche tenure they that holde in francke almoyne after thys sorte be bounde of ryght before god to make orisones and prayers to celebrate masses and to do other diuine seruices for yâ— soules of their graunters and feffers and for the soules of theyr heires whych be dead and for yâ— prosperous estate of their heyres that be nowe alyue And bycause of ryghte they be bounde to thys diuine seruice they be discharged by the lawe to do any other prophane or corporall seruice as fealtye or suche other lyke But neuerthelesse if suche as hold theyr tenementes in franke almoyne do omyt and leaue vndone these deuine seruices wheruÌ„to they be bouÌ„d before god the lorde can not distrein them ne yet compell them by any other meanes by the course of the coÌ„mon lawe but the onelye remedy is to complayne of them to theyr ordinarye who of ryght ought to compel suche ecclesiasticall persones to do the deuyne seruice due as afore said But here ye shall note that yf a persone of a chyrche or any other ecclesiasticall persone holdethe of hys lorde by certeyne diuine seruice to be done as to synge masse euery frydaye in the weke or placebo and â—irige or to fynde a preest to synge masse or to distribute in almes C. pence to a hondred men at suche daye in all these cases yf such diuyne seruice be vndone the lorde mayne very wel distrayn bycause the seruice is put here in certayntye Now I sayde that if in olde time a man dyd infeoffe suche ecclesiasticall persone after such sorte he shuld holde hys lande in franke almoyne but at this day it is otherwise for by the reasone of a statute called Quia emptores terrarum no man can aliene ne graunt landes or tenementes in fee simple to holde of hym selfe so that nowe yf a man beynge seased of landes in fee simple graunteth the same by liceÌ„ce to an ecclesiastical person in franke almoyne these wordes franke almoyne be voyde the ecclesiastical persone shal holde them immediatlye of yâ— lorde of the feoffer by the same seruyces yâ— the feoffer helde so that no man can hold in franke almoyne but by force of a grante made before the sayd statute onely the kinges maiesty excepted for he is out of the compasse of the-statute Finally ye shall note that where as a man holdeth in frank almoyne his lorde is bounde by the lawe to acquite him of al maner of seruice that any other lorde can haue or demauÌ„d out of the sayde landes That yf he dothe not acquyte him but suffre him to be distreyned than he shall haue agaynst his lorde a certayne wryt called a wryt of meane and shall recouer agaynste hym hys damages and costes of his suite Of burgage A Tenure in burgage is where an auÌ„cieÌ„t broughe is of which the kynge is lorde and they whyche haue tenemeÌ„tes wtin yâ— same brough holde the same of the kyng payenge a certeyne yearly rent whych tenure in effecte is but socage tenure Lykewyse it is where as any other lorde spirituall or temporal is lord of such broughe Here ye shal note that for the most parte suche auncient burghes haue dyuers customes and vsages which other townes haue not For some burghes haue a custome that the yongest sonne shal inherite before the eldeste whyche custome is called commonlye broughe Englyshe Also in some burghes by the custome the woman shall haue for her dower al the landes and tenementes wherof her husbande was seased at anye tyme durynge the couerture Moreouer in some burghes a maÌ„ may deuise his landes or tenemeÌ„tes by testameÌ„t at the tyme of his death and by force of suche deuyse or legacye he to whome the bequeste was made after the death of the testatour maye by force of thys auncient custome entre in to the landes so to him bequethed or deuised without anye lyuery of seasone to him made or further ceremonye of lawe Dyuers other customes in Englande there be contrary to the course of the common lawe whyche if they be anye thynge probable and maye stande wyth reason are good and effectuall not withstandynge they be agaynste the common lawe Of villenage or bonde seruice A Tenant in villenage is proper lye whan a villayne that is to saye a bondman holdeth of his lord whose bondman he is certayne landes or tenementes accordynge to the custome of the Manoure or otherwyse at the wyll of hys lorde and to do his lorde villayne seruice as to beare to carye yâ— donge of his lorde out of the citie or out of hys lordê Manoure to lay it vpon the demeane landes of his lorde or to do such like seruyle villayne seruice How be it fre men in some places holde theyr tenementes laÌ„des of their lordes by custome by such sorte of seruice and theyr tenure is called tenure in villenage yet they themselues be no villaines ne of seruile condicion but fre meÌ„ For the land holden in villenage maketh not the tenant a villayn but contrary wyse a villayne may make fre land to be villayne land vnto his lorde As if a villayn purchaseth laÌ„d in fee simple or in fee tayle the lorde of the villayne maye entre into the lande so purchased by hys bondman and put hym and his heyres out for euer and this done the lord if he wil maye lease the same lande to his villayne to holde of hym in villenage And here ye shall vnderstande that seruitute or villenage is the ordinance not of the law of nature but of that law which is called Ius gentium by whyche a man is made subiecte contrary to nature vnto an other mannes dominioÌ„ For he that is a villayne or bondman eyther he is so by title of prescription that is to saye he and hys auncestoures haue bene villaynes tyme out of minde or elles he is a villayne by his owne coÌ„fession in court of recorde so that all villaynes either they be borne villaynes or elles they be made so They be borne villaines when theyr father beynge a bonde man himselfe begetteth them in lawfull wedlocke either of a fre woman or of a bond woman for so that the father be bonde the issue of him lawfully begotten muste nedes be bonde by the lawes of Englande hauynge no regarde to the coÌ„dicion of the mother where as in the ciuill lawe it is clene contrarye For there partus sequitur ventrem that is to say the seruitute or bondage of the mother maketh the chylde bonde and not of the father Howe be it the bastarde sonne of a bondeman shall not be bonde bycause a bastarde is nullius filius in the law that is to say nomans sonne They be made vyllaynes two wayes eyther by theyr owne propre acte as whan a free man beynge of full age wyll come into a court of recorde there confesse himselfe bonâ—e to an other man Or elles by the lawes of armes called Ius gentium as whan a man is taken
handes sithens the .iiij. day of February in the xxvii yeare of King Henry the eight or whyche at any tyme hertofore dyd belong to any other person after came to the kynges handes As also al other persons beynge grauntees or assignes to the kyng or to any other persone and their heires executours successours and assignes shal haue lyke auauntage againste the fermours their executours administratoures assignes by entry for not payment of the rent or for doyng of waste or other forfeture and also shal haue the same auantage by action only for not performynge of other conditions couenaÌ„tes or agrementes conteyned in the indentures of their leases or grauntes against the sayde fermoures and grauntees their executours administratours assignes as the sayd lessoures or grauntoures themselues myghte haue had at any tyme. Prouided that this acte shal not extende to hindre or charge any persone for the breche of any couenante or condicion comprysed in any suche writings as is aforsayd but for such couenaÌ„tes and condicions as shal be broken or not performed after the firste day of Septembre in the xxxij yeare of king Henry the viii not before ¶ How tithes and other profytes ecclesiastical shal be recouered inacted aÌ„ 32. Hen. 8. AL persons shal truly pay their tithes and offerings according to the lawfull customes vsages of parishes places where such tithes or duties be due And in case they wol wilfully wthold them or any parcel of them the partie whether he be ecclesiastical or laye that shuld haue yâ— saide tithes or offeringes may conuent the persons so offending before the ordinary his commissarie or other competente ministre or leaful iudge of the place where such wrong shal be done according to the ecclesiastical lawes And in euery such cause of suite the same ordinary or leful iudge hauing the parties or their lawful procuratours before him shall by vertue of this acte procede to the determinatioÌ„ therof ordinarily or summarily according to the course of the sayd lawes and therupon shal giue sentence accordingly And in case any of the parties for any matter concerning that suite do appeale from the sentence diffinitiue iudgement of yesaid iuge then the same iudge forthwith vpon such appellation made shal adiudge to the other partie the reasonable costê of his suite and shal compel the same partie appellant to pay the same by compulsary processe and censures of the sayde lawes ecclesiastical taking suretie of the other partie to whom such costes shal be adiudged paide to restore the same to the partie appellant if afterward the principal cause of that suite of appeale shal be adiudged against him And so euery iudge ecclesiasticall by vertue of this acte shal adiudge costes to the other partie vpon euery appeale to be made in any sute or cause of subtraction or detention of any tithes or offeringes or in any other suite to be made concerning the duitie of such tithes or offerings That if any persons after such senteÌ„ce diffinitiue giueÌ„ against them shal obstinatly refuse to pay their tithes or duties or such somes of monye so adiudged wherin they be condemned then two Iustices of that peace of the same shyre wherof one to be of the quorum shall vpon certificat or complaynt to them made in wryting by the ecclesiastical iudge that gaue the senteÌ„ce cause them to be attached and commytted to the nexte Iayle there to remayne without bayle or mainprise tyl they shal haue founde sufficient sureties to be bound by recognisaÌ„ce or otherwise before the same iustices to the kinges vse for the performance of the said iudgement Prouided that no person shal be sued or otherwise compelled to paye any tithes for any landes tenementes or hereditameÌ„tes which by the lawes of this realme are discharged or not chargeable with the payment of any such tithes Prouided also that this acte shal in no wise bynde the inhabitantes of the citie of London and suburbes of the same for to pay their tithes and offeringes within the same citie and suburbes otherwise then they shuld haue done before the makiÌ„g of this act And it is further enacted that where any that hath an inheritaÌ„ce frehold terme or interest in any personage vicarage porcion pension tithes oblations or other ecclesiastical profyte whiche is or shal be made temporal or admitted to be in temporal haÌ„des by the lawes or statutes of this realm shal fortune to be disseased or otherwise put from his lawful inheritance possession occupation terme or interest in the same by any other person claming to haue interest therin the person so disseised or wrongfully put from his sayde right or possessioÌ„ his heires wife and other to whom such wroÌ„g shal be done may haue his remedye in the kinges temporal courtes as the case shal require for the recouery of the same by writtes original of prec ê™ reddat ass of nouel disseison mortdanc Quod â—i deforciat writtes of dower or other writtes original to be graÌ„ted in yâ— chaÌ„cery of euery such ê‘sonage vicarage porcioÌ„ pension or other profyt eccesiastical according to the nature of yâ— sute therof And that writtes of couenant and other writtes for fines to be leuied al other assuraÌ„cies to be made of any such personage or profyt ecclesiastical shal be hereafter deuised graunted there lyke as hath bene vsed for fynes to be leuied and assurance to be had of laÌ„des or other hereditameÌ„tes and that al iugemeÌ„tes to be geuen vpon any of the sayd writtes original so to be grauÌ„ted for any yâ— premisses al fines to be leuied knowleged in any of yâ— kings said courtes therof shall be of like force in the law as iugemeÌ„tes giueÌ„ fines leuied of laÌ„dê tenementê here ditameÌ„ts in the same courts vpon writtes original therfore duely pursued Prouided alwayes that this last act shal not extend to giue any remedy or suite in the courtes temporal ageinst any persone which shal refuse to set out his tithes or which shal wtholde or refuse to pay his tithes or of feringes but that in al such cases the partie as wel laye as ecclesiastical hauing cause to demaund the same shal take and haue his remedy for the said tithes or offeringes in euery such case in the spiritual courtes according to the ordinance in the fyrst parte of this acte mencioned and not otherwise ¶ of mortuaries inacted aÌ„ 21. Hen. 8. NO person spiritual nor their fermers nor baylyffes shal cal any person before any iudge spiritual for yâ— recouerie of any Mortuaries more then is hereafter mencioned vpon payne to forfet for euery time so moch in value as they shal take aboue the somme limited in this acte and ouer that xl sÌ„ to the partie greued for which he shal haue an action of det by wryt byl or information wherin no wager of law effoin nor protection shal be alowed First no Mortuarie shal be taken of any which at his death hath in mouable goodes
partie greued may haue his attaint vpon euery such verdit so giuen and the plaintiffe in the same attaint vpon iudgement for him giuen shal haue his recouery execution and other aduaÌ„tage in like maner as heretofore hath bene vsed ⧠Of fines FInes haue theire name bycause they make a final ende and determination of all suites strifes and debates betwene men For the due leuieng wherof it was inacted in the .iiii. yere of King Henry the seuenth that they muste be solemnly before yâ— iustices of the common place red and proclamed the same terme three termes next folowing yâ— ingrosmeÌ„t at whiche tymes al yâ— plees must cease And such fines shal be a sufficient barre and discharge against al persons sauing against women that be couert baron if such women be not priuie to the same fine or such as be within age in prisoÌ„ out of the realme or out of their right myndes But these fines shall not coÌ„clude ne barre all straungers whiche haue right to entre or to haue any action if they come within .v. yeares astre suche proclamations made or in case the cause of action falleth vnto them after the fyne so duely leuied if they come and commence their action and suite within .v. yeares nexte after such cause of action to them accrued And they may sue against the takers of the profittes But if they that haue right to the same be within age in prison couert baron out of the realme or not in their right memory then their title or entrie shal be saued vnto them tyl they be of ful age out of 〈◊〉 discouered and sole within the realâ—e or of â—ight mynde and then within fyue yeres after their action or entrie must be sued or made with effecte Also ye shal vnderstand that by the said stature of Henry the .vii. it shal be a good plee for al straungers to saye that they that were parties to the fine nor none other to theire vse had any thing in the tenementes or landes at the tyme of the leuying of the fine Furthermore ye shal note that in the .xxxii. yeare of this king for thaduoyding of certaine doubtes and ambiguities it was inacted that al fines aswel hertofore leuied as hereafter to be leuied according to the sayd statute of Henry the .vii. by any person of the ful age of .xxi. yeres of any landes or other hereditamentes beinge before yâ— fine leuied in any wise intayled vnto him or to any of his ancestors in possession reuersion remaindre or in vse shal be immediatly after the same fine leuied ingrossed and proclamations made a sufficient barre and discharge for euer aswel against him his heirs clayming the same onely by force of any such entaile as against al other to their vse so that the same fines be not leuied by any woman after the death of her husband contrary to the statute made the .xi. yeare of Henry the seueÌ„th of landes and tenementes of th inheritance or purchase of her husbande or of any his ancestours giuen to her in dower for terme of lyfe or in tayle in vse or in possession Excepted also al fines leuied or to be leuied of any such landes or other hereditamentes as the owners therof by any special acte of parliament made sith the said fourth yeare of Henry the .vij. be restreined from making any alyenations discontinuancies or other alterations of the same Also of such landes as be now in sute and variaÌ„ce in any of the kinges courtes or wherof any euidences be now in demande in the Chancery or which be already couered Excepted also fines leuied or to be leuied by any person of landes or tenementes granted to him or to his ancestours in taile either by the kingê letters patentes or by vertue of any acte of parliament wherof the reuersion is in the king ⧠Of testamentes or last willes TEstamentuÌ„ in latyn is as moche to say as mentis testatio that is a declaratioÌ„ or witnessinge of a mans mynd And there be two sortes of testamentes The one is called testamentum scriptum that is a written testament or a last wil by writing and the other is called testamentum nuncupatuÌ„ a testament nuncupatiue which is when a man wyl expresse by mouth his last wil and testament wtout wryting onely by calling before him certayn of his neighbours in whose presence he doth signifie by wordes his last minde and wil. And this for most parte men vse to do when for feare of sodennes of deth they dare not abyde the writing of their wil. And this wil onlesse it be in certaine cases is as strong and as sure as is a testament or laste will put in writing and sealed with the seale of the testatour Also ye shal vnderstaÌ„d that though a testament by writinge be not sealed with the seale of the testatoure yet is the testament good effectual in the lawe And ye shal also marke that where a man maketh ones his testament wil and afterwarde maketh an other wil by wordes if his laste will be proued before the Ordinary and by him put in wryting and insealed with his seale such last wyl shal auoid the first wil onles it be in special cases and so alweyes the latter wil and testament shal auoyd the former Finally ye shal obserue that by an acte of Parliament made in the .xxi. yeare of our soueraigne lorde Kinge Henry theight it was ordeyned that where part of therecutours named in the testament of their testator wherin any landes or tenementes be willed to be solde by them refuseth to take vpon them the administration the residue do take the charge and administration therof vpon them in thys case al bargaines and sales of the said landes made only by those executors that toke the administratioÌ„ of yâ— testament vpon them shal be as good and as effectual in the law as if as the residue of yâ— same executors so refusing had ioyned with them or him if it be but one person in the makinge of the bargaine and sole ⧠An acte for probate of testamentes made aÌ„ xxi HeÌ„ viii NOthing shal be takeÌ„ by any person that hath auctoritie to take probation insinuation or approbation of any testament for the probation of the same where the goodes of the testatour do not amounte aboue the value of C. shillinges Excepte to the scribe for writing therof .vi d And for the commission of ministration of the goodes of any dieng intestate not being likewise aboue C. shilliÌ„ges vi d Also none hauing power to take probation of testamentes shall refuse to approue such testamentes being lawfully offred vnto them in writinge with wax therto affixed redy to be sealed so that the same be lawfully proued before yâ— same ordinarie to be trew And when the goodes of the testatour do amount aboue the value of C. shillinges not excede the summe of xl li none shal take for the probation regestring sealing and writinge of any such testament
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