discontinuance but shall hold now by the vulgar and accustomed Homage CHAP. XXXI Of Liveries WHen one dieth which held of the King by Knights-service in Capite that is to say in chief Tenant in chief of the King his Heirs being within age the King as before is declared shall have the wardship and custody as well of the Lands as of the body that is to wit the marriage if he be unmarried but if the Heir be of full age at the time of the death of such ancestor yet shall the King by his Prerogative royall have primer Seisin of all the Lands Tenements Primer seisin and other Hereditaments whereof such his Tenant was seized in his demeane as of see Intruder upon the Kings possession And if such an Heir will enter into his Lands when he cometh to his full age before he sue his Livery and receive Seizin by the King no Freehold shall accrew nor grow unto him but he shall be deemed an intruder into the Kings possession yea and if he die so seized in the mean time his Wife shall have no Dowrie of such Lands wherefore it behoveth in any wise that such Heir as well male as female coming to full age before he or she enter into their Land to sue Livery the manner and form whereof according to the Act of Parliament lately promulgated and set forth I intend briefly to recite CHAP. XXXII How Heirs ought to sue their Liveries enacted 33 H. 6. Cap. 21. NO Person or Persons having Lands or Tenements about the yearly value of five Pound Writ Diem clausit extremum shall have any Livery before Inquisition or Office found before the Eschetor or other Commissioner by virtue of the Kings Writ of Diem clausit extremum or Commission directed out of the Chancery or other Courts having authority to make such a Writ or Commission which shall not pass out of the same but by Warrant or Bill assigned and subscribed by the Master of Wards or Liveries the Surveyor Atturney and recoverer of the said Court or three two or one of them to be directed and delivered to the Chancellor of England or to any other Chancellor or Officer having power to awarde such Writs and for the writing and sealing of the same shall be paid of the accustomed Fees But if the Land exceed not the said yearly value of five Pounds then they shall pay for the Seals of every such Writ or mission eight Pence and for the Comwriting six Pence and not above And the Inquisitions and Offices hereupon found shall be returned by the said Escheters or Commissioners into the same Court from whence the Writ or Commission was awarded which done the Clerks of the Petty-bogg shall receive the same Offices and and make a Transcript thereof to the Master of the Wards and Liveries And then the said Master and the Surveyor Atturney and generall Receiver or three of them whereof the Master or Surveyor to be one shall Covenant and Indent with such Persons for their Livery of the Castles Mannours Lordships Lands Tenements and Hereditaments comprized or not comprized in such Offices and shall make and set a rate and price of the same and appoint the daies of payment thereof by Obligation to be taken for the same to the King And every Bill for any speciall or generall Livery assigned by the hands of the said Master Surveyor Atturney Receiver or three of them whereof the Master or Surveyor to be one shall be Warrant sufficient to the Lord Chancellor or other Officer having power to pass Liveries under any of the Kings Seals accordingly In which case the Clerks of the Petty-bogge or other Clerks by whom the Liveries be written shall receive as well for themselves as for other such Fees as hath been accustomed Item Generall Livery Every person may sue at his pleasure a generall Livery for any Mannours Lands Tenements Rents Reversions Remainders or other Hereditaments whereof the clearly yearly value shall not exceed twenty Pounds provided that an Office be thereof found and a Warrant first obtained of the said Master and others as is aforesaid And where such generall Livery is sued if the Lands exceed the yearly value of five Pounds they shall pay for the Seal twenty Shillings four Pence and all other Fees accustomed as afterwards shall be declared But if they exceed not the yearly value of five pound they shall pay but these Fees following that is to say for the Seal of the Livery twelve Pence to the Clerks of the Petty-bogge for the writing and the inrolling twenty Pence for the respect of the Homage in the Hanapar eight Pence to the Lord great Chamberlaine twenty Pence to the Master of the Rolles twenty Pence and the Clerk of the Liveries for the Warrant and Inrolling of the Livery twenty Pence Item Respect of Homage No person or persons shall pay in the Exchequer or any other Rents for the respect of Homage for any Lands or Hereditaments not exceeding the yearly value of five Pound above eight Pence and for the entering thereof and Warrant of Atturney above four Pence And the value of such Lands and He-Hereditaments not exceeding the yearly value of twenty Pound shall be taken as it is limited in the Offices founden thereof except by the examinations and Certificate of the said Master Surveyor Atturney and Receiver or three of them It shall otherwise appear and be declared in any of the Kings Courts Also no Eschetor shall sit only by virtue of his Office for the inquiry of the Tenure Title or value of any Lands or other Hereditaments holden of the King being of the yearly value of five Pounds Paines of forfeit or above without the Kings Writ to him directed upon pain to forfeit five Pound for every time he shall so do neither shall he take for the finding of any Office of Lands Fees of Office not exceeding the yearly value of five Pound above fifteen Shillings That is to say six Shillings eight Pence for his own Fee and three Shillings four Pence for the writing of the Office and for the Charges of the Jury three Shillings and for the Officers that shall receive the Offices in any Court of Record two Shillings upon pain that the Eschetor doing otherwise shall for every time forfeit five Pound And upon like pain the Officers of every Court of Record where such Inquisitions shall be returned being offered unto them within one Moneth next after the finding thereof shall receive them the one Moity of all with forfeitures to the King and the other to the Party that will sue for the same c. And they which hereafter shall be in case to sue Livery whose Lands and Tenements exceed not the yearly value of five Pound may lawfully sue forth that general Livery by Warrant from the said Courts as is aforesaid although none other Inquisition be thereof had nor certified paying nevertheless the Fees above
some such Tenants have an Inheritance according to the custome of that Mannor yet in very deed they are but Tenants at the will of the Lord for as some men think if the Lord will expell them and put them forth they have no remedy at all but to sue unto their Lord by way of Petition desiring him to be a good and gracious Lord unto them for if they might have any remedy by the Law then should they not be called say they Tenants at the will of the Lord after the custome of the Mannor but other men of no less Learning and prudence have been of contrary judgment as Lord Brian Chief Justice in the time of King Edward the fourth whose opinion was alwayes that if such a Tenant by the custome paying his Services be ejected and put forth by his Lord without cause reasonable Action of Trespass he may very well bring and maintain an Action of Trespass against his Lord at the Common Law as appeareth Termino Hillarij An. 21. E. 4. Also Lord Danby Chief Justice likewise was of the same judgment as appeareth Termino Mich. An. 7. E. 4. where he saith That the Tenant by the custome is as well Inheritable to have his Land after the custome as is he that hath a free-hold at the Common Law but the determination of this question I remit to my great Masters which can lose the knots and ambiguities of the Law forasmuch as yet still of this matter Causidici certant adhuc sub judice lis est Also ye shall understand that the usage of some Mannor is when the Tenant will surrender his Land to the use of another that he shall take a Wand or a Rod in his hand and deliver it to the Steward of the Court and the Steward shall deliver the same Wand in name of Seisin to him that shall take the Land and such a Tenant is called Tenant by the Verge Divers other customs there be of surrendring of Copyhold Lands which here for tediousness I will omit And forasmuch as Tenants by custome of the Mannor have by the course of the Common Law no free-hold therefore they be called Tenants of base Tenure Base Tenure Also if such a Tenant letteth to farme his Copyhold Land for longer time then a twelve moneth and a day without the Lords licence it is a forfeiture of his Land to his Lord. And know ye that if this Tenant fell any Timber that groweth upon the Land but only for the reparation of the same this is Wast and a forfeiture of his Copyhold Hitherto have I treated of the first member of our division that is to wit of Chattels for as I said all Leases for terme of years and at will be accounted in the Law but as Chattels and be comprised under that name save that these be called Chattels reals whereas Kine Oxen Chattell reall and personall Horses Money Plate Corn and such like be called Chattels personals Now we will proceed to the explanation of the second member that is to say of Freeholds CHAP. VIII Of Freeholds FReeholds or Frank-tenements a man may have in sundry wise for either he is seized for terme of his own life or for terme of another mans life if he be seized for terme of his own life either he hath gotten such estate by way of Purchase or else the Law hath intituled him thereunto I call it by purchase whether he cometh unto it by his own bargaining and procurement or by the gift of his friend and I call it by the operation of intituling of the Law when a man marrieth a woman that is an inheritrix and hath issue by her Tenure by the Courtesie and she dieth now shall he have the Lands during his life by course of the Law and shall be called Tenant by the courtesie of England Likewise if a man be seized in fee-simple or fee-taile of Lands and taketh a wife and he dieth the Law giveth unto the wise the third part of her husbands Lands for terme of life Tenant in Dower and she shall be called Tenant in Dower CHAP. IX Tenant for terme of Life TEnant for terme of Life is he that holdeth Lands or Tenements for terme of his own life or for terme of anothers life howbeit the most frequent and common manner of speaking is to call him that hath an estate for terme of his own life Tenant for life and him that hath an estate for terme of anothers life Tenant for terme dauter vie that is to say Tenant for terme of anothers life Ye shall note that like as he that maketh the Lease is called the Lessour and he to whom the Lease is made is called the Lessee so he that maketh the Feoffment is called the Feoffer and he to whom the Feoffment is made the Feoffee Also if the Tenant for terme of life or Tenant for terme of another mans life doe waste Waste the Lessour or he in the reversion shall maintain very well an Action of Waste against him and shall by the same recover trebble damages Finally Ye shall understand that by an Act of Parliament made in the 27. year of our Soveraign Lord King Henry the eight it is enacted That no Freehold nor estate of Inheritance shall pass nor take effect by reason of any bargain and sale except the same be made by writing indented sealed and enrolled in one of the Kings Majesties Courts at Westminster or else within the County where the Land doth lie before the Custos Rotulorum and two Justices of Peace and the Clerk of the Peace of the same County or two of them at least of which the said Clerk shall be one and that such enrolment be made within six moneths after the date of such writing and for the enrolment of every such writing where the Land comprised therein is not above the yearly value of Fourty shillings they shall take two shillings that is Twelve pence to the Justices and Twelve pence to the Clerk and if the Land be above the yearly value of Fourty shillings then they shall take Five shillings that is Two shillings and six pence to the Justices and Two shillings and six pence to the Clerk which shall enroll and ingross sufficiently in parchment such Deed and writing and at every years end he shall deliver the same to the Custos Rotulorum of the same County to remain in his custody among other Records of the same County so that the parties resorting thither may see them provided that this extend not to any Tenements or Hereditaments lying within any City or Town Corporate wherein the Majors Records or other Officers have authority or have lawfully used to enroll any Evidences or writings within their Precinct CHAP. X. Tenant by the Courtesie TEnant by the Courtesie of England is he that hath married a Wife inherited and hath had issue by her and she is dead in this case the Law of England permitteth and
the Feoffer and the Feoffee otherwise it is of Feoffments in Fee simple made before the Statute of Westminster the third Cap. 1. called Quiae emptores terrarum For before the making of that Statute if a man had made a Feoffment in Fee-simple reserving to him a certain Rent yet though it had been without Deed here had been begun and Created a new Tenure between the Feoffor and the Feoffee and the Feoffee should have holden of the Feoffor who by virtue of the same might of Common right have distrained for such Rent but at this day by force of the said Act there can be no such holding or Tenure Created or begun and consequently no Rent-Service can be at this day reserved upon any gift in Fee-simple except it be in the Kings case who being chief Lord of all ever might and may give Lands to be holden of him thus ye see that at this day no Subject can reserve any Rent Service unto him unless the reversion of the Lands or Tenements that he shall grant be still in him as where he granteth them in Fee-tayle or maketh but a Lease for term of life or for certain years or else at Will For in all these cases the reversion of the Fee-simple remaineth still in him and therefore if there be any Rent reserved it is to be called a Rent-Service and is of Common right distrainable though there be no Clause of distress in the Deeed of Feoffment or Lease But here ye will ask me when in the case before remembred a man at this day giveth clean away the Land or Tenement from himself in fee-simple so that there is no manner of Reversion of the same remaining in him at all and yet nevertheless reserveth unto him by his deed a certain Rent what manner of Rent shall this be called I answer if there be in the Deed indented any clause of distress Charge that is that if the Rent be behind unpaid it shall be Lawfull for the Feoffour to enter and to distrain it is called a Rent-charge for as much as the Land is charged therewith but how of Common Right no but only by virtue and force of the wriing but on the other side if there be no such Clause of distress put in the Indenture then the Rent so reserved shall be called a Rent secke Likewise if a man that is seized of certain Land will grant either by Indenture or by Deed-poll that is to say single and not indented a Yearly Rent out of the same Lands to another whether it be in the Fee-simple Fee-tayle for term of Life for Years or at Will with Clause of distress then this Rent is called a Rent-Charge and he to whom such Rent is granted may for default of Payment thereof enter and distraine But contrary if the grant be made without any such Clause of distress it is called a Rent-seck that is to say a drie Rent because he cannot come to it in Case it be deemed by way of distress Insomuch that if he were never seized of it he is by Course of the Common Law without remedy otherwise it is of a Rent Charge for here he to whom the grant is made when the Rent is behind may chuse whether he will sue a Writ of Annuity against the granter or distrain for the Rent behind and retain the distress till the time he be paid accordingly but he cannot have both remedies together but must take him to the one for if he once recover by a Writ of Annuity Annuity then is the Land discharged and if he Sue not his Writ of Annuity but distraine for the Arrerages and the Tenant Sueth a Replevin whereupon the other anoweth the taking of the distress in Court of Record then is the Land charged and the Person of the Granter dischared of the Action of Annuity Estopple Ye shall understand That if a man will that another shall have a Rent-charge coming out of his Land and yet will not that his Person shall be by any means charged by Writ of Annuity he may then have such Clause in the end of his deed Proviso Proviso quod praeseus Scriptum nec quicquam in eo contentum ullo pacto se extendat ad onerandum Personam meam per breve seu Actionem de Annuitate sed tantum modo valeat ad onerandum Terras Fundas Tenementa mea de annuo redditu Praedicto If this or such like Clause be added then the Land is charged and the Person of the Granter is discharged Also if a man will make a Deed of Grant in this wise that if John at Stile be not Yearly paid at the Feast of Christmas for term of his life Twenty Shillings Sterling that then it shall be Lawfull for the said John at Stile to distrain for it in the manner of Dale this is a good Rent charge because the mannour is Charged with the Rent by way of distress and yet nevertheless in this Case the Person of him that made such Deed is discharged of any Action of Annuity For as much as he granted not by his Deed any Annuity to the said John at Stile but only granted that he might distrain for such Yearly Rent Furthermore ye shall note That if a man hath a Rent-charge to him and to his Heirs coming out of certain Lands and doth Purchase any parcell of these Lands to him and to his Heirs in this Case the whole Rent-charge is quenched and gone and the Annuity also Extinguishment the Cause is this that a Rent-charge cannot be in such Case apportioned Otherwise it is of a Rent-Service as for example If one which hath a Rent-Service of 20d by Year doth Purchase parcell of the Land out of which this Yarely Rent of 20d is coming this shall not extinguish or drown the whole Rent but for the parcell only For Rent Service in such case may very well be apportioned and rated according to the value of the Land Yet there be some sort of Rents-Services Rent service cannot be apportioned which in no wise can be apportioned As where a Tenant holdeth his Land of his Lord by the service to render to his Lord Yearly at such a Feast a Horse lading of Gold a red Rose a Gilliver or such like If in this case the Lord doth Purchase parcell of the Land thus of him holden this Service is gone because such Service cannot be Severed and apportioned Also Escuage is a Service that may be very well apportioned according to the difference and rate of the Land But where any Land is holden by Homage and Fealty if the Lord purchase parcell of the Land yet he shall have his Homage and Fealty still of his Tenant Ye shall mark also That if a man maketh a Lease of Land to another for term of life reserving to him certain Rent if in this case he granteth that Rent to John at Stile saving to himself the Reversion of the said Land
as is agreed between the Landlord and the Tenant and when the person to whom such Lease is made doth enter by force of the said Lease and is in possession of the same then he is called a Tenant for terme of years And here ye shall note that if the Lessour that made the Lease Rent reserved hath reserved unto him a yearly Rent upon the said Lease as it is accustomably used to be done if the Rent be behind and unpaid it shall be in his lection either to enter and distrain for the Rent Action of Debt or to bring an Action of Debt against the Tenant for the arrerages of the same A good Plea But in this case it is requisite that the Lessour were seized of the Lands or Tenements at the time of the making of the Lease for otherwise it shall be a good Plea in the Action of Debt for the Tenant to say the Lessour had nothing in the Lands and Tenements at the time of the Lease made except the Lease were made by Deed indented for then the Plea shall not be in the Tenants mouth to plead And it is to be known Livery of Seisin needeth not in a Lease for terme of years that in a Lease for terme of years whether it be by Deed or without Deed there need no livery of seasin to be made to the Lessee but he may enter when he will by virtue of his Lease without any further ceremony of the Law And if a man leaseth Lands for terme of years though the Lessour chanceth to die before the Lessee doth enter yet he may enter well enough otherwise it is where livery of seisin is to be made as in Free-holds and inheritances Also if the Tenant for years doth waste Waste the Landlord may bring an Action of Waste against him and shall recover the place wasted and his treble damages Also if a Lease for years be made of two severall things and after the one is recovered the Lessee shall hold the other and the rent or farme shall be apportioned M. 12. H 8. Also if the Tenant for years granteth a greater estate in the Land then he hath himself whereby he conveyeth the fee-simple to himself Forfeiture he shall forfeit his Lease or terme CHAP. VI. Tenant at Will TEnant at will is he to whom Lands or Tenements be leased to have and to hold the same at the will of the Lessour and in this case the Lessour may put out his Tenant at what time he listeth but yet nevertheless if the Tenant have sowed the grounds with Corn in this case if the Lessour will enter and put out his Tenant before harvest the Law will give him free coming and going to reap and carry his Corn away without any punishment or damages to be sustained for his so doing because he knew not at what time the Lessour would enter but otherwise it is of Tenant for certain terme of years for if he soweth the ground and his terme of his Lease be come out and expire before the Corn be ripe in this case the Lessour or he in the reversion may enter and take the Corn because it was the folly of the Tenant to sowe the ground knowing the end of his terme So likewise Tenant at will shall have free coming and going after the time of the Lessours entry to carry away his houshold stuff and goods for a reasonable space Ye shall also understand that he that maketh a Lease at will may reserve an annual or yearly rent Distress or action of Debt in which case if the rent be behind he may enter very well and distrain the Goods and Chattels of the Tenant or at his election he may bring an Action of Debt against him Also it is to be known that a Tenant at will of a House or Tenement is not bound by the order of the Law to sustain and repair the Houses that be decayed and ruinous as is the Tenant for years and therefore no Action of Waste lieth against him Waste yet if he will do wilfull waste as if he plucketh down the Houses or cutteth down the Trees it hath been thought by the Sages of the Law that the Lessour may bring an Action of Trespass against him and shall recover his losses thereby sustained And if such a Tenant die and his Heir enter in that case the Lessour may have an Action of Trespass against the Heir for his entrie Trespass CHAP. VII Tenant by Copy or Court-Roll THere is another kind of Tenant at Will which is called Tenant by Copie of the Court Rolles and this is when a man is seised of a Mannour within which it hath been used time out of minde that the Tenants within the bounds and precinct of the said Mannour have holden Lands and Tenements to them and to their Heirs in fee-simple see-taile or for terme of life at the will of the Lord according to the custome of the Mannor and such a Tenant cannot alien or sell his Land by his Deed for if he doe the Land or Tenement that is so alienated and sold is forfeit into the Lords hands but if he will alien his Copyhold-Land to another he must according to the custome come into the Lords Court Surrender and there surrender it into the Lords hands to the behoof and use of him that shall have the Estate the form of which Surrender is commonly used to be thus Ad hanc curiam venit A. de B. sursum redidit in eadem curia unum mesvagium The form of a Surrender c. in manus Domini ad usum C. de D. heredum suorum vel heredum de corpore c. Et super hoc venit praedictus C. de D. eripiet de Domino in eadem curiâ mesvagium praedictum habendum tenendum sibi c. ad voluntatem Domini secundum consuetudinem Manerij faciend inde redditus servitia consuetudines inde juris debita censuetas c. dat Domino pro fine c. fecit Domino fidelitatem These as I said be called Tenants by Copy of Court Roll because they have none other Evidence to shew concerning their Lands save only the Copies of the Rolls of their Lords Court Neither can these Tenants sue or be sued for such Lands but in the Kings Court by Writ or otherwise but if they will in any wise implead or sue others for such Copie Lands they must do it by way of plaint in the Lords Court after this form A. de D. queritur versus C. de D. de placito terrae The form of the Plaint videlicet de uno mesvagio 46 acris terrae 4 acris prati c. cum pertinentiis facit protestationem sequi quaerelam istam in natura brevis Domini Regis assisae mortis antecessoris ad communem Legem pol ' c. Plegij de prosequendo F.O. c. Now although
on the feoffees behalf as when I infeoff you of Lands or Tenements upon Condition that you shall do such an act as to pay unto me or mine Heirs such an annuall Rent on the feoffors behalf as when I make a feoffment unto you upon Condition that if I pay or cause to be paid unto you before such a day such a summe of money then it shall be lawfull for me to enter again and retain my Lands in my former estate Tenants in Mortgage in this case he that is the feoffee is called Tenant in Mortgage which is as much to say as dead-gage and it seemeth that the cause why it is so called is forasmuch as it is doubtfull whether the feoffor will pay at the day limited and prescribed such a summe of money for the redemption of his Lands or not for if he do not his Title or interest in the Lands thus gaged and oppignorate is utterly extinct and gone without all hope of renewing Ye shall also note That if the mortgager dieth before the day of payment his Heir may redeem the Land very well even as well as his Ancestour that mortgaged the Land might have done although there be no mention made of Heirs in the writing Also if when the money is lawfully by the mortgager or his Heir tendered and profered and the Lessour refuseth to receive the same the feoffour or his Heir may enter and then hath the feoffee no remedy for his money at the Common Law Ye shall understand also that some conditions be utterly void in the Law and of none efficacy Conditions void vertue or strength As if a feoffment be made of Lands in fee-simple upon condition that the feoffee shall not alien or put away the same to none other this condition I say is void because the feoffee is restrained of his whole power that the Law giveth in such case unto him and with power and liberty is manner included in every feoffment yet I may abridg him of part of his power as to condition with him that he shall not alien the Lands to such a person or such but of Gifts in Tayl otherwise it is for if I give Lands to a man and to the Heirs of his body lawfully begotten Gift in Tayl upon Condition upon condition that he nor his Heirs shall alien the Lands to none other person this Condition is good and effectuall in the Law and if he or his Heirs contrary to the Condition do alien them then the giver or his Heirs may very well enter and retain the Lands for ever because this Condition shall stand with the forenamed Statute of Westminster the second which prohibiteth such alienations to be made Hitherunto have I spoken of Conditions in Deed now will I shew what be Conditions in Law that be annexed to any Estates Know ye therefore Estates upon conditions in Law that if the Office of a Parker Steward Constable Bedle or Baliff or such like Office be granted to a man for term of his life though there be no condition at all mentioned in the grant yet the Law speaketh of a condition in this case which is that if the party to whom such Office is given shall not execute all points appertaining unto his Office accordingly by himself or his Lawfull Deputy it shall be Lawfull for the grantor to Enter and discharge him of his Office and this condition is called a condition in Law There be also three other manner of Estates upon Condition that is to say Conditions against the Law Conditions Depugnant and Conditions Impossible First Estates upon Conditions against the Law be as if a man make a Feoffment gift grant or Lease upon Condition that if the Feoffors Donours Grantours or Lessours kill J. S. which is not the Kings enemy or burn his house that then it shall be Lawfull to the Feoffors Donours c. To re-enter this Condition is void and the Estate good And like Law is Conditions against the Land if such Conditions be to be performed of the part of the Feoffee Grantee c. But if it be that a Lease for term of years be made of Land upon Condition that if the Lessees kill J. S. that then he shall have fee simple although that he in his case perform the Condition his Estate is nothing thereby inlarged because the Condition is against the Law And ye shall understand that where an Obligation is Indorsed with a Condition which is against the Law both the Obligation Conditions Repugnant and also the Condition be clearly void in the Law Estates upon Conditions Repugnant be as if a Feoffment or a gift in tayle be made upon Condition that the Feoffee or Donee shall take no profit or shall do no wast and such other like such Conditions be void and the State good and effectuall in the Law notwithstanding Also if a Lease be made for term of life upon Condition that he shall not doe Fealty that is as a void Condition Likewise it is if a man that hath nothing in the Manour of Sale granteth a Rent-charge going out of the same upon Condition that the person shall not be charged this grant is good and the Condition is void Estates upon Conditions impossible be as if a Feoffment be made upon Condition that if the Feoffee goeth not through the Sea on foot to Calice in one day Conditions Imposble then it shall be Lawfull to the Feoffor to re-enter this is a frustrate and void Condition and yet the estate is good Like Law is of a Lease made for term of years c. or an Obligation with a Condition impossible ut supra the Obligation or Lease is good and the Condition void to all purposses CHAP. XXII An Act how strangers shall take advantage of Conditions made An. 32. H. 8. IT is enacted that as well persons which have or shall have any gift or grant of the King by his Letters Patents of any Lands Personages Titles or other Hereditaments or any reversion of the same which did belong to any Monastry or other Ecclesiasticall House disolved or otherwise come into the Kings hands since the fourth day of February in the twenty eight Year of our Sovereign Lord King Henry the Eight or which at any time heretofore did belong to any other Person and after come into the Kings hands as also all other Persons being Graunters or Assigns to the King or to any other Person their Heirs Executors Successors and Assigns shall have like advantage against the Farmours and their Executor Administrators and Assigns by Entry for Non-Payment of the Rent or for doing wast or other forfeiture and also shall have the same advantage by Action only of not performing of other Conditions Covenants or Agreements contained in the Indentures of their Leases or Grants against the said Farmours and Grantees their Executors Administrators and Assigns as the said Lessors or Granters themselves might have had at any time
and again Mutually and on the other side the said Farmours and Grantees for term of years life or lives their Executors Administratours and Assigns shall have like advantage against them for any Condition Covenant and Agreement contained in the said Indenture as they might have had against their said Lessors and Granters their Heirs Successors all benefits and advantage of recoveries in value by reason of any warranty of deed or in Law by voucher or otherwise only except Provided that this Act shall not extend to charge any Person for Breach of any Covenant or Condition comprised in any such writing but for such as shall be broken and not performed after the first day of September in the 32. Year of this King and not before CHAP. XXIII Livery of Seisin and Atturnement IN all Feoffments gifts in tayle Leases for term of anothers life of Lands or Tenements there can be no Alteration Transmutation of Possession by the Antient Laws of this Realme unless there be a certain Ceremony Adhibited and Solemnized in the presence and sight of neighbours or others which Ceremony is called Livery of Seisin And ye shall understand The manner Livery of Seisin that this Ceremony of Livery of Seisin is done when the Feoffour Donour Lessour or other Deputy come with the Neighbours Solemnly to the Lands or Tenements and they put the Feoffe Donee or Lessee in possession of the said Lands or Tenements by delivering to him a Clod of Earth or the ring of the Door or some other thing in the name of Seisin and for this self cause this Ceremony of Law is called Livery of Seisin that is to say a Tradition or giving of Seisin But this Ceremony is not required in Leases for term of years Diversity between Possession and Seisin or in Leases at will For as much as the Lessour in such Lease remaineth still seized and the Lessee only hath possession without any Livery of Seisin and therefore the terms of the Law be that such a man is possessed whereas in Feoffments gifts in tayle and Leases for life he is called seized Wherefore if a Feoffment or Lease for life be made of Lands or Tenements and before that the Livery of a Seisin be made the Feoffour dieth the Heir of the Feoffour shall have Lands Per summum jus that is to say by the Rigour of the Law Notwithstanding that the Feoffee have paid to the Feoffour the price of the Land and although the Feoffee be in possession but otherwise it is of a Lease for term of Years A like Ceremonie is used Atturnment when Rent-charge Rent-service Rent in gross a Villain in gross common in gross common for Beasts certain Estovers and such other things as pass by way of grant be granted for it is no full and perfect grant till it be consignat and sealed as it were with the Ceremonie of Atturnment this Atturnment is nothing else but when the Tenant of Land of which a Rent granted is granted or out of which a Rent is granted doth make some evident signification and token that he accepteth the person to whom the grant is made to be in the same respect unto him that the granter was as for an example if the Tenant of the Land after he have heard of the grant cometh to the grantee that is to wit to the person to whom the grant was made and say in this wise or in like effect I agree unto the Grant made unto you by such a man How attu nment shall be made or I am well apaid and contented of the Grant that such a man hath made unto you but the most usuall frequent form of Atturnment is to say Sr I atturn unto you by force of the said Grant or I become your Tenant or to deliver unto the grantee a Peny or a Halfpeny by way of atturnement If a man maketh first one grant to one person and after another to another person that grant shall stand to which the Tenant will atturn although it be to the later grant And ye shall note That if a man be seized of a Mannour which is parcell in demean and parcell in service and doth alien the same Mannour to another unless the Tenant of the Mannor do atturn the Service shall not pass only Tenants at will excepted for it needeth not to cause them to atturn Note furthermore Diversity there is a great difference between giving a Peny in name of Seisin and giving by way of Atturnement for when it is given by the Tenant to the Grantee in the name of Seisin it doth not only imply an Atturnment Assize but also it giveth him such a seizin that if the Rent afterward were behind and not paid he may now upon the seisin of the Peny after a lawfull distress taken and after Rescous made Writ of Rescous bring an Assize of Novel Disseizin whereas if it were given only by way of Atturnement he could not bring the Assize but his Writ of Rescous only if Rescous were made Also ye shall understand That where Lands be deviseable by Testament by the custome of any ancient Borough or City if the reversion of any Lands be by Testament bequeathed to a man in fee and the Testator which we call the devisor dieth the devisee that is to wit he to whom the devise was made hath forthwith the reversion in him without further ceremonie of Atturnement Atturnment likewise it is if a man by testament doth bequeath a Rent-charge that he is seized of or of a Rent-service there needeth none atturnement at all If two Joyntenants of Land and the Lord granteth the services to another if one of the Joyntenants atturneth it is enough Finally If a Lease be made for terme of life the remainder to another in tayl the remainder over to the right Heir of the Tenant for terme of life in this case if the Tenant for terme of life will grant his remainder in fee to another by his deed this remainder passeth forthwith without any atturnement For if any Atturnement were requisite it should be made of the Tenant for terme of life Not Requisite which in this case is the granter himself And in vain it is that the granter should be inforced to atturn sith an atturnment is adhibited and had to none other purpose then to have the consent and agreement of the particular Tenant to the intent that it may appear that he hath notice and knowledg of this grantee but here where the particular Tenant himself is the granter an atturnement were superfluous and more then needed Note furthermore That where there is Lord and Tenant and the Tenant leaseth his Tenements to a woman for life the remainder over in fee the woman taketh a Husband and after the Lord granteth the services c. to the Husband in this case during the coverture the services be put in suspence Suspence but if the Wife die leaving the Husband
the Husband and his Heirs shall have the Rent of them in the remainder c. And in this case there needeth no atturnement by word because the Husband that ought to atturn accepteth the Grant of the Services the which acceptance is an atturnement in the Law CHAP. XXIV Of Service HItherunto have I briefly touched and overrun the sundry kinds and forms of Estates Now forasmuch as there is no Tenure but hath unto it some service knit and annexed it were very necessary to declare how many kinds of Services there be and what Service is due to every Tenure for the knowledg hereof ye shall understand that the principall and most common kind of service that the Tenant oweth to his Lord is called Knights-service CHAP. XXV Knights-service KNights-service includeth Homage Fealty and for the most part Escuage and whosoever holdeth his Lands by Knights-service is bound by the Laws of this Realm to do unto his Lord homage and fealty and to pay for the most part Escuage when it shall be assessed by authority of Parliament as hereafter more plainly shall be declared Homage is the most humble and reverent service that a man of free estate and condition can do for when the Tenant shall do homage to his Lord the Lord shall sit Homage and the Tenant then shall kneel down before him upon both knees holding his hands between his Lords hands and say in this wise I become your man from this day forward of life and of member and of earthly Honour How the Tenant shall do Homage and to you shall be faithfull and true and faith to you shall bear for the Lands that I claim to hold of you saving the faith that I bear unto our soveraign Lord the King And then the Lord so sitting shall kiss him But if an Ecclesiasticall person which by his order and profession hath addicted himself to the service of God in especiall What a religious Person say when she doth Homage and do homage to his Lord he shall say I do to you homage and shall be to you faithfull and true and faith to you shall bear for the Tenements that I hold of you saving the faith which I owe unto our soveraign Lord the King Also when a woman not married doth homage to her Lord What a woman shall say she shall not say I become your woman for it is not convenient that a woman should be the woman of any other then of her Husband that she shall marry but shall say even as the Ecclesiasticall person saith I do unto you homage c. And if perchance a man holdeth sundry Lands and Tenements of sundry Lords and every of them by Knights-service then in the end of his Homage making he shall say Saving the faith that I owe to our soveraign Lord the King and to mine other Lords And none is bound to do homage to the Lord unless it be such Tenant as hath in the Tenancy an estate of fee-simple or fee-tayle either in his own right or in the right of another for if a woman have Lands or Tenements in fee-simple or fee-tayle What Tenant shall do Homage which she holdeth of her Lord by Knights service and taketh an Husband and hath Issue in this case the Husband in the life of his Wife shall do homage because he hath Title to have the Lands by the Courtesie of England if he overliveth her and also he holdeth them now in his Wives right yet before Issue had between them the Homage shall be made in both their Names but if the woman dieth before any homage made in her life and the Husband keepeth still the Lands as Tenant by the Curtesie now he shall not do homage to his Lord because he hath now an estate but for terme of life Fealty is as much to say as Fidelity Fealty or faithfulness in doing whereof the Tenants shall hold his hand upon a Book and say thus How a Tenant shall do Fealty Hear you this my Lord I to you shall be faithfull and true and faith to you shall bear for the Lands and Tenements which I claim to hold of you and duly shall do to you the Customes and Services which I owe to do to you at the termes assigned as Me help God and then he shall kiss the Book but he shall not kneel as he that doth homage nor do such humble or reverent service as is before declared in Homage And ye shall observe that Homage cannot be done but to the Lord himself Diversity between Homage and Fealty whereas the Steward of the Lords Court or the Bayliff may take Fealty for the Lord. Also Tenant for term of life shall do Fealty but Homage as I said he cannot do Now as concerning Escuage that is to say The service of the Shield Ye shall understand that he that holdeth his Lands by Escuage when the King maketh a voyage Royal into Scotland for the subduing of the Scots is bound to be with the Kings Majesty by the space of twenty daies well and conveniently arrayed and appointed for the Warre And he that holdeth his Land but by the Moity of the Fee of Knights service is bound by the force of his Tenure to be with the King by space of twenty daies and so proportionably according to the rate and quantity of his Tenure But now to our institute and purpose after this Voyage Royal into Scotland in which the King goeth in Person and after his return into England again a Parliament is wont to be summoned in which shall be prescribed and assessed what every Person that held his Land by Homage and went not with the King neither by himself nor by his Deputy shall pay to his Lord in satisfaction of his not serving and according to the taxation hereof every Tenant shall pay to his immediate Lord whether it be to the King or other after the rate and portion of his Tenure If he holdeth by an whole Fee he shall pay the whole Escuage if by a Moity the half if by a fourth part of a Fee the fourth part c. And this Money thus assessed is called Scutage or Escuage for which the Lord to whom it is due may very well for the non-payment thereof distrein But here is to be noted that some Tenants by Custom used time out of mind Distress of Escuage are bound to pay but the Moity or the third part of that which shall be assessed and limited by Act of Parliament Yea Escuage Certain and the Custom is in some place that to what summe of Money soever Escuage is assessed the Tenants shall pay never but such a certain summe of Money and this kind of Escuage is called Escuage certain that is to say Where Escuage is assessed by the Parliament to a more or less summe the Tenant to pay to the Lord five Shillings and no more nor no less c. Such a Tenure is called Socage Tenure and
not Knights Service whereas the other is called Escuage uncertain Finally Escuage Uncertain ye shall understand that Escuage uncertain is alwaies adjudged to be Knights Service and draweth unto it Warde Marriage and Relief but Escuage certain is not Knights Service but is of the Tenure of Sucage as shall be hereafter more amply shewed CHAP. XXVI Of Warde Marriage and Relief EVery Knights-Service draweth unto it Warde Marriage and Relief wherefore it is now right expedient somewhat to entreat of them Ye shall therefore be admonished Warde that when the Tenant which holdeth his Lands by Knights-service dieth his Heir male being at that time within the age of twenty one years the Lord shall have the Warde that is to say the custody or keeping of the Lands so holden of him to his own use and profit till the Heir cometh to the full age of twenty one years For the Law here presumeth that till he cometh to his age he is not able to do such Service as is of his Tenure required Furthermore Marriage if such Heirs be unmarried at the time of the death of the Tenant then the Lord shall have also the Warde and the bestowing of the Marriage of him But if a Tenant by Knights-service dieth The full age of a woman his Heir Female being of the age of thirteen years or above then the Lord shall have the Warde neither of the Land nor yet of the Body of such an Heir and the reason hereof is because a woman of that age may have a Husband able to do Knights-service that is to say To wait upon the Kings Majesties Person when he goeth into Scotland with his Army Royal. But if such an Heir Female be within age of fourteen years and not married at the time of the death of her Ancester then the Lord shall have the Wards of the Land holden of him till such Heir Female cometh to the age of sixteen years by force of an Act of Parliament in the Statute of Westminster 1 Cap. 12. Note that there is a great diversity in the Law between the ages of Females Diversity of age and of Males for the Female hath these many ages appointed by the Law Age of a woman First At seven years of age the Lord her Father may distrein his Tenants for aid to marry her Secondly At nine years of age she is dowable Thirdly At twelve years she is able to assent to Matrimony Fourthly At fourteen years she is able to have her Land and shall be out of Warde if she be of this age at the death of her Ancester Fifthly At sixteen years she shall be out of Warde though at the death of her Ancester she was within the age of fourteen years Sixthly At twenty one years she is able to make alienations of her Lands or Tenements whereas the man hath but two ages the one at fourteen years to have his Lands holden in Socage The age of a man and to assent to Matrimony the other at twenty one to make Alienations Ye shall understand that by the Statute of Merton 6 Chap. it is enacted That if in case the Lord do marry their Ward to villains or others whereby is disparagement if such Heirs so married be within the age of fourteen years or such age that the said Warde cannot consent to the marriage then if the friends of this Heir complain and feel themselves grieved with this unmeet marriage the next of kinne to the Heir unto whom the Heritage cannot descend may enter into the Lands and put out the Lord which is Gardian in Chivalry And if the next Kins-man will not thus do another Kins man of the Infant may do it and shall take the Issues and Profits to the behoof and use of the Heir and yeeld account thereof unto him Account given when he cometh to his full age And there be divers other disparagements which be not expressed in the said Statute Divers Disparagements as if the Heir being within age of consent and in Ward be married to a decreped Person or Creeple as to one that hath but one foot or one hand or that is a deformed creature or having any horrible disease or continuall infirmity All these and such like be disparagements But here also ye shall understand that it shall be said no disparagement unless the Heir be so married when he is within age of discretion that is to say within the age of fourteen years For if he be of that age or above and assenteth to such marriage it is no disparagement neither shall the Lord for such marriage loose his Ward because it shall be reputed and assigned to the folly of the Heir being of age of discretion to consent to such marriage Now if the Lord then being a Gardian after to the Heir being his Ward a convenient marriage without disparagement and the Heir refuseth it Value of Marriage as he may at his choice and election very well do then the Lord shall have the value of the marriage of such an Heir when he cometh to his full age But yet if he marry himself being so in Ward against the will of his Gardein then he shall pay the double value Double value of Marriage by force of the said Statute of Merton before remembred And ye shall Note that if Lands holden by Knights-service One shall not be Ward living his Father descend to an Infant or Child within age from his Mother or from any of his Ancesters his Father being yet alive in this case the Lord shall not have the marriage of his Heir for during the life of his Father the Sonne shall be Ward to no man Finally it is to be known that he which is Gardian in Chivalry in right may before he hath seised the Ward grant the same either by Deed or without Deed to another man and then he to whom such a grant is made is called Gardein in Fait Now as touching Relief ye shall know that if a man holdeth his Land by Knights-service and dyeth his Heir being of full age the full age of the Male is twenty one years of the Female fourteen then the Lord of whom the Land his holden shall have of the Heir Relief Note ye that all Earls Barons or other the Kings Tenants holding of him in chief by Knights-service which die their Heir being of full age at the time of their deaths that is to say twenty one years of age they ought to pay the old Relief for their Inheritance that is the Heir or Heirs of an Earl for an whole Earldome 100l the Heir or Heirs of a Baron for an whole Barony an 100 Markes the Heir or Heirs of a Knight One 100 Shillings and he that hath less shall give less according to the old Custom of Fees Like Law is observed of all others that hold of any other Lords immediately Vt supra Also a man may hold Lands of a Lord
by two Knights Fees and then the Heir being of full age at the death of his Ancester shall pay to his Lord for Relief ten Pounds CHAP. XXVII Service of Castle-Guard YE shall understand that a man may hold by Knights-service and yet not hold by Escuage nor shall pay any Escuage for he may hold by Castle-Guard that is to say by service to keep a Tower of his Lords Castle or some other place upon a reasonable warning when his Lord heareth that enemies will come or be already come into England This service is also Knights-service Ground in the Law and draweth to it Ward Marriage and Relief as in all Cases the common Knights-service doth CHAP. XXVIII Of Grand-Serjeanty THere is also another kind of Knights-service which is called Grand-Serjeanty that is where a man holdeth his Lands or Tenements of the King by such service as he oweth in proper person to do as to bear the Banner of our Sovereign Lord the King or his Spear or to conduct his Host or to be his Marshall or to be the lower Carver or Butler at the Feast of the Coronation or to be one of the Chamberlains of the receipt of his Exchequer or to do like service to the King in proper person Such manner of service I say is called Grand-Serjeanty that is to say A great or high Service And the cause why it is so called is because it is the most honourable and most worthy Service that is The most high Service For he that holdeth by Escuage is not appointed by his Tenure to do any other more special Service then another is bound that holdeth by Escuage but he that holdeth by Grand-Serjeanty is bound to do some speciall service to the King Also if he that holdeth of the King by Grand-Serjeanty dieth Relief of the Tenant by Grand-Serjeanty his Heir being of full age then the Heir shall pay to the King for Relief not only a 100s as he that holdeth by Escuage shall do but moreover the clear yearly value of these Lands and Tenements which he so holdeth of the King by Grand-Serjeanty Tenure by Cornage Furthermore ye shall observe that in the Marches of Scotland some men hold of the King by Cornage that is to say blowing of a Horn to the intent to warn the men of the Countrey when they hear that the Scots or other their Enemies be coming or be already entred into England which service is also a kind of Grand-serjeanty Grand-Serjeanty therefore is as much to say in Latin as Magnum-servitium Definition of Serjeanty that is to say A great or high Service Like a Petty-Serjeanty is called Parvum servitium that is to say A little or small service But to revert again to the matter Ye shall Note that if any Tenant holdeth of any other Lord then of the King by such service of Cornage then it is no Grand-Serjeanty but yet nevertheless it is Knights service and draweth to it Ward Marriage and Relief For this is a Rule infallible That none can hold by Grand-Serjeanty but of the Kings Majesty only Rule in the Law Finally Ye shall understand that all they which hold of the King by this Service called Grand-Serjeanty do hold of the King by Knights-service and by virtue of his Tenure the King shall have of them Ward Marriage and Relief but Escuage yet he shall not have of them unless they hold by Escuage of him by express speciall words CHAP. XXIX Petty-Serjeanty TEnant by Petty-Serjeanty is he that holdeth his Land immediately of our Sovereign Lord the King by this manner of service to pay to the King yearly either a Bow a Spear a Dagger a pair of Gauntlets a pair of Spurres of Gold a Shaft or such other small things appertaining to the Warre And this service is in effect but Socage because that such a Tenant is not bound by his Tenure to go nor do any thing in his own proper person touching the Warre but only to render and pay yearly certain things to the King as a man ought to pay a Rent Wherefore this Service of Petty-Serjeanty is no Knights-service but yet ye shall note That a man cannot hold neither by Petty-Serjeanty neither by Grand-Serjeanty but of the King only CHAP. XXX Homage Ancestrell TEnant by Homage Ancestrell is he which holdeth his Land of his Lord by Homage and both he and his Ancesters whose Heir he is have holden the same Land of the said Lord and of his Ancesters time out of mind by Homage and have done unto them Homage And this is called Homage Ancestrell by reason of the long continuance which hath been by title of prescription Warranty because of Homage Ancestrel as well concerning the Tenancy in the blood of the Tenant as concerning the Lordship in the Lord. And this service of Homage Ancestrell draweth unto it Warranty that is to say if the Lord which is now in life hath once received the Homage of his Tenant he ought to warrant the same Tenant what time soever he shall be impleaded or sued for such Lands so holden of him by Homage Ancestrell Moreover such service of Homage ancestrell draweth unto it acquitall that is to say the Lord ought to acquit the Tenant against other Lords that can demand any manner of Service of the Tenancie Wherefore if in this case the Tenant which holdeth by Homage ancestrell be impleaded of his Lands and voucheth or calleth his Lord to Warrantie who cometh in by Process and demandeth of the Tenant what he hath to binde him to the Warrantie and the Tenant sheweth how he and his ancestors whose Heir he is have holden his Lands of him and of his ancestors time out of minde surely the Lord if he cannot deny this and if he hath received the Homage of such a Tenant is bound by the Law to warrant him his Land so that if the Tenant lose his Lands in default of the Lord thus vouched that is to say called to warrantie he shall recover against him as much in value of these Lands and Tenements which the Lord had at the time of calling to warranty or at any time after but if the Lord never received the Homage of his Tenant then he may very well when he is thus vouched disclaim in the Lordship or Seignory and so put out the Tenant of his warranty Wherefore ye shall note that in every case where the Lord disclaimeth in his Seigniory in Court of Record his Seigniory or Lordship is extinct and the Tenant shall hold from henceforth of the next Lord to him that thus disclaimeth Thus ye perceive that Homage ancestrell is a long continuance as well in the blood of the Tenant in respect of his Tenancy as in the blood of the Lord in respect of his Seigniory wherefore if the Tenant doth once alien his Lands to another although he purchase the same again yet he shall not hold any longer by Homage ancestrell because of his
remembred Finally Every person shall sue forth his Patent for his Livery within three Moneths next after the assignment of his Bill or else his Bill assigned to be void and of none effect Hereafter ensueth the Fees Accustomed of the Generall Liveries FIrst to the Clerks of the Petty bog for the respect of Homage and Fealty the writing and inrolling fourteen Shillings two Pence to the Lord great Chamberlaine fourtie Shillings to the Master of the Rolles three Pound to the Clerks of the Liveries for writing of the Indentures and Obligations twenty Shillings besides Councell The Fees of the special Livery accustomed to be paid by these following That is to say for the signet three Pound ten Shillings for the Privy Seal thirtie Shillings for the great Seal fourty four Shillings eight Pence to the Clerks of the Petty-boggs fourty Shillings to the Master of the Liveries Clerks fourty Shillings for inrollment of the knowledge of the Indenture twelve Shillings to the Lord great Chamberlaine of England fourty Shillings for the Writ of the Allowance for the same Livery ten Shillings six Pence And note ye that sometime in speciall Cases the Fees be more and sometime less as the case and matter doth require Hitherto have we briefly touched all kinds of Knights-Service and things incident to the same Now will we with like briefness declare the other kind of Services which commonly be comprized under the generall Name of Socage For all Lands or Tenements either they be holden by Knights-Service or else by Socage Tenure or at least by the Nature of Socage Tenure which in effect is all one Wherefore first we shall define what Socage is in the proper signification which done we shall peruse the other kinds of Services which be of the nature of Socage Tenure CHAP. XXXIII Socage SOcage is properly where the Tenant is bound to come with his Yoke that is What Socage Tenure is with his Plow to Ear and Sow a parcell of the demeane Lands of his Lord which service in antient time was very common but now by the mutuall consent both of the Lord and the Tenant it is converted for the most part into a yearly Rent howbeit the name of Socage abideth still Wherefore now all that is not Knights-service is called by the Name of Socage so that if a man holdeth by Fealty only or by Fealty and Homage For all manner of service it is but Socage Tenure For Homage alone maketh not Knights-service as I have said heretofore He holdeth in effect but by Socage Gardian in Socage Now where a man holdeth his Lands by Socage and dieth his Heir being within the age of fourteen years the Lord shall not have the Ward but the next of kinne to the Heir to whom the Heritage cannot discend shall have the Title and Wardship as well of the Land as of the Heir till the Heir come to the age of fourteen years And such tutor or Gardian is called Gardian in Socage and shall render accounts to the Heir of the Issues and Profits that he hath received of the Lands during such time deducting his reasonable Costs and Expences So that he shall not have the Wardship to his own use and profit as the Lord which is Gardian in Chivalry hath And in case the Gardian in Socage dieth before he hath made his account the Heir is without remedy because no Writ of account lyeth against the Executors but for the King only Finally Ye shall understand that when a Tenant in Socage dieth Rent the Lord of whom the Land is held shall have Relief That is to say Distress the value of the Rent that is yearly due unto him of the Tenancy beside the yearly Rent So that in effect after the death of his Tenant he shall have of the Heir two Rents save that for the Relief he may distrein forthwith but for the accustomed Rent he cannot distrein till the usuall day of payment become CHAP. XXXIV Frank-Almoign TEnant in Frank-Almoign that is to say The first foundation of Frank almoigne in free Alms is where a Bishop Deane or any Ecclesiasticall Person holdeth of his Lord in pure and perpetuall Alms And such Tenure began first in old times after this manner When a man was seised in atient times of certain Lands or Tenements in his demesne as of Fee and of the same Tenements enfeoffed an Abbot and his Covent or a Pryer and his Covent or any other Person Ecclesiasticall as a Deane of a Colledge Master of an Hospitall and such like to have and to hold the same Lands to them and to their Successors for ever in pure and perpetuall Alms or in Frank-almes in these two cases the Tenements should be holden in Frank-almoigne By force of which Tenure they that hold in Frank-almoigne after this sort be bound of right before God to make Orisons and Prayer and to do other Divine Services for the Souls of their Granters and Feoffors and for the Souls of their Heirs which be dead Tenant in Frank-almoigne shall do Fealty and for the prosperous Estate of them and their Heirs whilest they be alive and because of right they be bound to this Divine service they be discharged by the Law to do any other Prophane or Corporall Service as Fealty or such like But nevertheless such as hold their Tenements in Frank-almoigne do omit and leave undone these Divine services whereunto they be bound before God the Lord cannot distrain them nor yet compell them by any other means by the course of the Common Law but the only remedy is to complain of them to their ordinary who of right ought to compell such Ecclesiasticall persons to do the Divine service due as afore said But here ye shall note Tenant by Divine Service That if a Parson of a Church or any other Ecclesiasticall Person did before the Statutes of dissolution of Abbies Monastries c. hold of the Lord by certain Divine Service to be done as to sing Mass every Friday or placebo dirige or to find a Priests to sing Mass or to distribute in Alms 100. pence to a hundred men at such a day Distress for Divine Service in all these cases if such Divine service be undone the Lord may very well Distrain because the service is here put in certain Now as I said before that if in old time a man did Enfeoffe such Ecclesiastiall Person after such sort he should hold his Lands in Frank-almoigne but at this day it is otherwise for by reason of the Estatute called Quia emptores terrarum Westmin 3. Cap. 1. No man can Alien nor grant Lands or Tenements in Fee-simple to hold of himself So that now if a man being seized of Lands in Fee-simple granteth the same by Licence to an Ecclesiasticall Person in Frank-almoigne These words Frank-almoigne be void and the Ecclesiasticall Person shall hold them immediately of the Lord of the Feoffer by the same services that
for the Defendant or the Plaintiff be non-suit or otherwise barred the Defendant shall recover such Dammages and Costs as the Plaintiff should have had if he had recorded Both Parties shall in such Writs have like pleas aid prayers and Joynder in age as at the Common Law notwithstanding this Act Pleas in Avoury Pleas of Disclaymer only excepted 2 H. 8.19 CHAP. XLI For the Assurance of Farmers made ALl Leases hereafter to be made of any Lands or other Hereditamens by writing indented under Seal for term of years or for term of life by any persons being of the age of twenty one years having any estate of Inheritance either in Fee-simple or in Fee-tayl in their own right or in the right of their Charges or Wives or joyntly with their Wives shall be good and effectual against the Lessors their Wives Heirs and Successors according to the estate comprized in such Indenture of Lease Surrender of the old Lease This Statue shall not extend to any Lease to be made of Lands in the hands of any Farmer by force of any old Lease unless such old Leases expired within a year after the making of the new nor to any Grant to be made of any Reversions of Mannours Lands c. nor to any Leases of such Mannours Lands c. which have not been lett to Farme or occupied by Farmers twenty years before such Lease made nor to any Lease to be made without impeachment of wast nor to any Lease to be made for above twenty one years or three lives from the day of the making thereof and that upon every such Lease there be reserved so much yearly Rent as hath been usually paid for the Lands so lett within twenty years next before such Lease made and the Reversioners of the Mannours Lands c. so lett after the death of such Lessor or his Heirs may have such remedy against such Lessee his Executors Assignes as such Lessor might have had against such Lessee Provided that all Leases made by the Husband of Mannours Lands The Wife shall be party to the Lease c. being the Inheritance of the Wife shall be made by Indenture in the name of the Husband and Wife and she to seal to the same and the Rent shall be reserved to the Husband and Wife and the Heirs of the Wife And here the Husband shall not alien or discharge the Rent or any part thereof longer then during the Coverture unless it be by fine levied by Husband and Wife Provided furthermore that this Act extend not to give liberty to take more Farmes or Leases then might have been taken before this Act Vide Stat. 25. H. 8.13 Sheepe nor to any Parson or Vicar to make any Lease otherwise then they might have done before It is furthermore enacted What grant by a Corporation is good that the Grant Lease or gift or Election of the Governour or Ruler of any Hospitall Colledge Deanry or other corporation with the assent of the more part of such of the same as have voice thereunto shall be good and effectuall any Rule or Statute made by any Founder to the contrary notwithstanding 32 H. 8. CHAP. XLII Of falsifying of recoveries by Farmers 21. H. 15. A Termer for yeares may falsifie a feigned recovery had against them in the reversion and shall retain and enjoy his Term against the recoverer his Heirs and Assigns according to his Lease Also the recoverer shall have like remedy against the termer Avowry or Action of Debt his Executors or Assigns by Avowry or Action of debt for Rents and Services reserved upon such Lease and due after such recovery and also like Action for wast done after such recovery as the Lessor might have had if such recovery had never been No Statute of the staple Statute Merchant or execution by Elegit shall be avoided by such feigned recovery but such Tenants shall also have such remedy to falsifie such recoveries as is here provided for the Lessee for years CHAP. XLIII Of Tythes and how they shall be recovered 33. H. 8.7 ALl Persons shall duely set forth and pay all Tythes and offerings according to the custome of the places where they grow due If Tythes or offerings be not so set out and paid the party grieved may convent him that so detain them before the Ecclesiasticall Judg who hath power to hear and determine the matter in question Ordinarily or Summarily according to the Ecclesiasticall Lawes and to give sentence thereupon accordingly Here if any of the parties appeale the Judg upon such appeale shall adjudge to the other party reasonable cases and compell the Appealant to satisfie them by process and censures Ecclesiasticall taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principall case pass against him If any Person after such sentence given refuse to pay Tythes or Summes of Money so adjudged then two just of P. 1. Qu. shall upon Certificate thereof from the Judge commit the Party so refusing the next Goale there to remain till he have found Sureties to be bound by Recognisance or otherwise before the same Judge to the King to performe the said Sentence Howbeit none shall be thereby compelled to pay Tythes for Lands or other Hereditaments which by the Laws and Statutes of this Realm are discharged and not chargeable with the payment of Tythes neither shall it extend to the City of London or the Suburbs thereof In all cases where any Person who hath any Estate of Inheritance Free-hold Term right or interest in any Parsonage Vicarage or other Ecclesiasticall profit which now be or hereafter shall be made Temporall and admitted to be and abide in Temporall hand and to lay uses by the Laws and Statutes of this Realm shall happen to be hereafter outed or otherwise wronged from or concerning the same he or she shall have remedy for the same in the Kings Temporall Courts or other Temporall Courts as the case shall require by Writs of precipe quod reddat Assize of novell disseisin Mordancester quod ei defoveat Writs of Dower and other Originall Writs as the case shall require in like manner as for Lands Tenements and other Hereditaments in such manner to be demanded Also Writs of Covenant and other Writs for Fines to be Levied and all other assurances to be had and made of Parsonages Vicarages and other profits called Spirituall shall be devised and granted in Chancery as hath been used for Fines and Assurances of other Land Likewise all Judgements given and Fines Levied for and of such Parsonages c. shall be of like effect as judgments given and Fines levied of other Lands 32. H. 8. CHAP. XLIII Of Mortuaries 21. H. 8.6 NO Spirituall Person his Bayliffe or Lessee shall take or demand more for a Mortuary then as is hereafter expressed nor shall convent any Person before any Ecclesiasticall Judge for the recovery of more for the same then
as is hereafter declared in pain to forfeit so much as he takes or demands more and likewise 40s to the party grieved to be recovered by Action of Debt wherein no essence c. shall be allowed None shall take or demand for a Mortuary any thing at all where by the Custome they have not been usually paid nor upon the death of a Woman covert a Child a Person not keeping house a Wayfaring man one not residing in the place where he happens to dye nor where the goods of the dead Person Debts deducted amount not to the value of 10. Marks nor above the Summe of 3s 4d when they exceed not 30lb nor above 6s 8d when they exceed 30lb but not 40lb nor above 10s when they amount to 40lb or above And if the Person dye in a place where he or she dwelleth not their Mortuary shall be paid in the place where they had their most abode This Act shall not abridge Spirituall Persons to receive Legacies bequeathed to them or to the Kings Altar No Mortuaries shall be paid in Wales Callais or Barwick or in any of their Marches save only in Wales and the Marches thereof where they have been accustomed to be paid and such as are there paid shall be regulated according to the order prescribed by this Act. The B P of Bangor Landaff S. Davids and S. Assaph and the Arch Deacon of Chester shall take Mortuaries of the Priests within their Jurisdiction as hath been accustomed notwithstanding his Act. Lesse Mortuaris already setled by custome shall not be increased and there also persons exempted by this Act shall not hereafter be chargeable CHAP. XLV Of Discontinuance IT is called a Discontinuance by the Laws of England whereby he hath the possession of Lands or Tenements for the time present and yet not haveing the Fee-simple in himself nor in his own right only maketh an Alienation of the same to another by reason whereof he that should have them after him and which then hath right unto them cannot enter but is driven to his remedy by way of Action in such wise that the said Lands be not utterly shifted c. gone from such Person or Persons as have right unto them but be all only discontinued for a time till the Person which after the death of such discontinuer hath right unto them do continue and bring them home again not by entry but by suit and way of action As for example a Tenant in tayl of certain Lands doth Enfeoff another in the same in Fee-simple or Fee-tayle and hath Issue and dyeth his Issue cannot enter into the Lands though he hath Title and right unto them Formedon in the descender but is but to his Action which is called a Formedon in the descender And if such Tenant in tayle which maketh such a Feoffment hath no Issue at time of his death it is yet neverthelesse a discontinuance to him which is either in the reversion or in the remainder so that neither the one nor the other can enter Formedon in the reverter or remainder but be driven to their Action he in the reversion of his Formedon in the reverter and he in the remainder to his Formedon in the remainder In like manner if a Bishop doth alien Lands Entre sine assensue Capitali which be parcell of his Bishoprick and dyeth this is a discontinuance of his Successor Forasmuch as he cannot enter but is driven to his Writ of entre sine assensu Capitali Semblable if a Deane be sold seized of Lands in the right of his Deanry and maketh such an Alienation this is a discontinuance to his Successor Also the Master of an Hospitall alieneth any Lands of his Hospitall that is a discontinuance and his Successor cannot enter but is put to his Writ Igressu sine assensu confratrum sororum De ingressu sine ascensu confratrum sororum But if a Parson or a Vicar of a Church will alien any of his glebe-Lands to another in Fee-simple or Fee-tayl and dieth or resigneth his Benefice this is no discontinuance to his Successor but he may very well enter notwithstanding such Alienation made by his Predecessor And the highest Writ that a Parson can have if his Predecessor have aliened his Glebe-Land or lost it by default or Reddition is a Juris utrum Reddition that is voluntarily yielding And furthermore note That no Tenant of the Land can by his or their Act discontinue the right of him in the Reversion unless it be by Feoffment with Livery and Seisin or else by a Release with Warranty And note That such things as pass by way of Grant by Deed without Livery and Seisin cannnot be discontinued as an Advowson Common or a Villain in Gross Reversion Rent-charge Common for Beasts certain and such other like And ye shall understand That in 32 H. 8. it was enacted that no fine Feoffment or other Act to be made or suffered by the Husband only of any Lands or Tenements being the Inheritance or the Free-hold of his Wife during the Coverture between them should be any discontinuance thereof or be prejudiciall or hurtfull to the said Wife or to her Heirs or to such as should have right title or interest to the same by the death of such Wife but that the same Wife and her Heirs and such other to whom such right should appertain after her decease may then lawfully enter in all such Lands and Tenements according to their rights and titles therein CHAP. LXVI How Recoveries by Collusion against Tenants for term of life is no Discontinuance An. 32. H. 8. WHere divers Persons seized of Lands and Hereditaments as Tenants by the Courtesie of England or otherwise only for term of life or lives have heretofore suffered other persons by agreement or covine between them had to recover the same against them in the Kings Court by reason whereof they to whom the reversion or remainder thereof have belonged have after the deaths of such Tenants been driven to their Actions for the recontinuance and obtaining the said Lands and Tenements so recovered and sometimes have been clearly disherited of the same It is enacted that all such Recoveries hereafter to be had by agreement of the Party or by covine or against any such particular Tenant of Lands or Hereditaments whereof he is or hereafter shall be seized as Tenant by the Courtesie of England Tenant in tayl after possibility of issue extinct or otherwise for term of life shall from henceforth as against such persons to whom the reversion or remainder shall then appertain and against their Heirs and Successors be clearly void Provided that this Act extend not to any person that shall by good title recover any Hereditaments without fraud or covine against any such particular Tenant by reason of any former right or title nor to avoid any recovery to be had against any such particular Tenant by the assent and agreement of those in the
reversion or remainder so that such assent and agreement to appear of record in the Kings Court. CHAP. XLVII How wrongfull Diseisin is no discent in the Law Enact Anno 32. H. 8. WHere divers persons have by strength and without title entered into Lands and Tenements and wrongfully diseised and dispossessed the rightfull owners and possessors thereof and so being seized by diseisin have died seized thereof by reason of which dying seized the Parties that were so diseized and dispossessed or such other persons as before such descent might have lawfully entered into the said Lands and Tenements be thereby clearly excluded of their entry into the Land and put to their Action for their remedy and recovery thereof It is enacted that the dying seized hereafter of any such diseisour having no right or title therein shall not be deemed any such discent in the Law as to take away the entry of such persons or the Heirs which at the time of the same discent had good title of entry into the same Except that such diseisor had the peaceable possession of his Lands or Tenements whereof he shall so die seized by the space of five years next after the diseisin by him committed without entrie or continuall claim by such as have lawfull title thereunto CHAP. LXVIII The Limitation of Prescription Enacted Anno 32. H. 82. SEisin in a Writ of Right shall be within sixty years before the teste of the same Writ Limitation of years In a Mordancester Cosenage Ayel Writ of Entry Sur diseisin Limitation of 50 years or any other possessory Action upon the possession of his Ancester or Predecessor it shall be within 50 years before the teste of the Original of any such Writ In a Writ upon the Parties own seisin or possession Limitation of 30 years it shall be within 30 years before the teste of the original of the same Writ In an Avowry or Cognizance for rent sute or services of the seisin of his Ancester Predecessor or his his own or of any other whose estate he pretends to have it shall be within 40 years befor the making such Avowry or Cognizance Avowry Formedons in reverter or remainder scire facias upon fines shall be sued within 50 years after the title or cause of Action accrued and not after The Party Demandant Plaintiff or Avowant that upon traverse or deiner by the other Party cannot prove actuall possession or seisin within the times above limitted shall be for ever after barred in all such Writs Actions Barre Avowries Cognizance Prescription c. Provided that in any of the said Actions Attaint upon false Verdict Avowries Prescriptions c. the party grieved may have an Attaint upon a false Verdict given CHAP. XLIX Of Fines FInes have their Names because they make a finall end and determination of all sutes strifes and debates between men For the due levying whereof it was enacted in the fourth year of King Henry the seventh That every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four severall daies in every Term and in the mean time all Pleas shall cease The Proclamation being so made they shall conclude all Persons both Princes and strangers except women covert persons under age in prison out of the Realm or of none sane memory being not Parties to the Fine The right and interest that any person or persons other then Parties hath or have at the time of the Fine ingrossed is saved so that they or their Heirs pursue such the r right or interest by Action or Lawfull entry within five years after the Proclamations so made so also is the right and interest saved which accrues after the ingrossing of the Fine so that the parties having the same pursue within five years after it so accrues and in this case the Action may be brought against the pernor of the profits If at the time of the Fine ingrossed or of such accruer as aforesaid the persons be covert and no parties to the Fine under age in prison out of the Realm or of none sane memory they or their Heirs have time to pursue their Actions within five years after such imperfection removed The exception that none of the parties nor any to their use had any thing in the Lands at the time of the Fine levied is saved to all persons except parties and Princes Fines at the Common Law have the same force that they had before the making of this Act and a Fine may be levied this way or at the Common Law at the pleasure of the parties ☜ Furthermore in 32. Year of _____ for the avoiding of certain doubts and ambiguities it was enacted that all Fines levied of any person or persons of full age of Lands intailed before the same Fine to themselves or to any of their Ancestors in possession reversion remainder or use shall immediately after the Fine ingressed and Proclamations made be a sufficient barre against them and their Heirs claiming only by such En-tayle and against all others claiming only to their use or to the use of any Heir of their bodies Howbeit this Act shall not barre the interest of any persons accrued by reason of any Fine levied by a Woman after her Husbands death contrary to the Statute of V. H. 7.20 A Fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. This Act shall not extend to any Fine heretofore levied of Lands now in suit or heretofore Lawfully recovered in any court by Judgement or otherwise Nor to any Fine of Lands entayled by the Kings Letters-patents or any Act of Parliament the reversion thereof at the time of such fine levied being in the King CHAP. L. Of Testaments or last Wills TEstamentum in Latin is as much to say as mentis Testatio Division that is a Declaration or witnessing of a mans mind And there be two sorts of Testaments The other is called Testamentum Scriptum Written Testament that is a written Testament or last Will by writing and the other is called Testamentum Nuncupaticum The Testament Nuncupative a Testament Nuncupative which is when a man doth express by Mouth his last Will and Testament without writing by calling before him certain of his Neighbours in whose presence he doth signifie by words of his last mind and Will And this for the most part men use to do when for fear of suddenness of death they dare not abide the writing of their Will And this Will unless it be in certain cases is as strong and as sure as is a Testament or last Will put in writing and Sealed with the Seale of the Testator Also though a Testament by writing be not Sealed with the Seale of the Testator yet is the Testament good and effectuall in the Law And ye shall also mark That where a man maketh once his Testament
and Will and afterwards maketh another Will by words if his last Will be proved before the Ordinary and by him put in writing and in sealed with his Seale such last Will shall avoid the first Will unless it be in speciall cases And so alwaies the latter Will and Testament shall avoid the former Finally by an Act made the 21. Year of H. 8. it was ordained that part of the Executors which take upon them the charge of a Will may sell any Land devised by the Testator to be sold albeit the other part which refuse will not joyn with them CHAP. LI. The difference between Executors and Administrators EXecutor is when a man maketh his Testament and last Will and therein nameth the person which shall execute his Testament then he that is so named is his Executor and such an Executor shall have an Action against every Debtor of his Testator Assets in the hands of the Executors and if his Executors have Assets that is to say sufficient in their hands then shall every one to whom the Testator was in Debt have Action against the Executor if he have an Obligation or specialty to shew But in every Cause where the Testator might wage his Law there no Action lieth against the Executor Administrator is he to whom the Ordinary commiteth the Administration and bestowing the goods of a dead man for default of an Executor And Actions shall lye against him or for him as for an Executor and he shall be charged to the value of the goods of the dead and not further if it be not by his false Plea or for that he hath wasted the goods of the dead But if the Administrators dye his Executors be not Administrators Executors of his own wrong but it behoveth the ordinary to commit a new Administration Howbeit if a stranger I mean him that is neither Executor named in the Testament and last Will nor yet Administrator appointed by the ordinary will take the goods of the dead and Administrator of his own head and mind without Lawfull authority this person shall be charged and sued as an Executor and not as an Administrator in an Action which is brought against him by any Creditor But if the ordinary make a Letter de colligendum bona defuncti he that hath such a Letter is not Administrator but the Action lieth in this case against the ordinary as well as if he took the goods by his own hand or by the hand of any other his Servant by any other Commandement CHAP. LII An Act of the probate of Testaments made Anno Dom. 21. H. 8.5 NOthing shall be given for the Probate of a Will or Commision of Administration when the goods of the dead exceed not 5lb save only 6d to the Register Nevertheless the Judge shall not refuse to prove such a Testament being exhibited to him in writing with Wax ready to be Sealed and proved Communi formâ but shall dispatch the party without delay For the Probate of a Will and all other things concerning the same when the goods of the dead exceed 5lb but not 40lb the Judges Fee is 2s 6d and the Registers 12d and when they exceed 40. the Judges Fee is 2s 6d as before and the Registers as much or the Register may refuse the 2s 6d and take a penny for every ten lines of the Will each line being conceived to contain ten Inches in length and for these Fees they shall dispatch the party without frustratory delay Where there is no Will or the Executors refuse it Administration ought to be committed to the Intestates Widow if he left any or to the Widow and the next of the Kindred or in case he left no Widow to one or more of the Kindred or in case they look not after it to any Creditor or Creditors that desire it or in case they also neglect it to any other person or persons at the descretion of the Ordinary who is enjoyned to take Security of such Administrators for the due Administration of the Intestates goods Nothing shall be given for Letters of Administration when the Intestates goods exceed not 5lb and when they exceed 5lb but not 40lb the Officers Fees are only 2s 6d The Executors or Administrators calling to them two or more Creditors or so many of the next of the Kin or in their default two or more neighbours or friends of the dead shall in their presence cause a true Inventory to be made of the goods and shall deliver the same in upon Oath unto the Ordinary indented whereof one part shall remain with the Ordinary and the other with the Executors and Administratours The Judge or Ordinary shall not refuse to receive an Inventory indented Inventory of goods so tendered unto him in Court together with his oath to verifie the same Lands devised to be sold shall not be accounted any of the Testators goods The Fee for the Copy either of the Will or Inventory is the same with that above allowed for registring the Will or else the Register may take a Penny for every ten lines of the length as aforesaid The Officer that taketh more then his due Fee shall forfeit that excess to the Party grieved and besides 10lb to be divided betwixt the King and the same party grieved This Act shall not alter the Customes where less money hath been for probate of Testaments The Ordinary may convent Executors to prove the Testators Will and to bring in the Inventory as before notwithstanding this Act. CHAP. LIII How Lands and Tenements may be by Testament or otherwise disposed of Enacted Anno 32. H. 8. EVery person having Mannours Lands Tenements or Hereditaments holden in Soccage or of the nature of Soccage Tenure and not having any such Mannours Lands c. holden of the King by Knights-service Soccage or of the nature of Tenure in chief Soccage Tenure in chief nor of any other person by Knights-service shall have power to give dispose will and devise as well by his last Will and Testament in writing or otherwise by any Act executed in his life all such Mannours Lands c. at his pleasure Every person having Mannours Lands c. holden of the King in Soccage or of the nature of Soccage in chief and having any other Mannours Lands c. holden of any other person in Soccage or of the nature of Soccage and not having any Mannours Lands c. holden of the King or any other by Knights-service shall have power to give will dispose and devise as well by his last Will and Testament in writing as otherwise by any Act executed in his life all such Mannours Lands c. or any of them at his pleasure Howbeit all such Primer Seisins Reliefs Fines for Alienations and all other rights and duties for Tenures in Soccage or in the nature of Soccage in chief as have been heretofore used are saved to the King and the said Mannours Lands c. are to be
taken had and sued out of the Kings hands by the person or persons to whom they shall be so disposed willed or devised in like manner as hath been used by any Heir or Heirs before the making of this Statute Every person having Mannours Lands c. of Estate in Inheritance holden of the King in chief by Knights-service or of the nature of Knights-service in chief hath power by his last Will in writing or by any other Act executed in his life to give dispose will or assign two parts thereof in three parts to be divided or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty and by speciall divisions that it may be known in severalty for the advancement of his Wife preferment of his Children and payment of his debts or otherwise at his pleasure Here also the custody Wardship and Primer Seisin or any of them as the case shall require of as much of such Mannours Lands c. as shall amount to the clear yearly value of the third part thereof as also all fines for Alienations upon such alteration of the Free-hold or Inheritance are saved to the King Every person having Mannours Lands c. of Estate of Inheritance holden of the King in chief by Knight-service and having other Mannours Lands c. holden of the King or any other by Knight-service or otherwise hath power to give dispose or will or assign by Will in writing or otherwise by Act executed in his life two parts thereof in three parts to be divided or so much thereof as shall amount to the yearly value of two parts thereof to be severed as aforesaid for the advancement of his Wife preferment of his Children and payment of his Debts or otherwise at his pleasure Here likewise the Custody Wardship Primer Seisin and Fines for Alienation are saved to the King as before Every person having Mannours Lands c. of estate of Inheritance holden of any other Lord by Knight-service and other Lands in Socage or of the nature of Socage may give dispose assure by will or otherwise by Act executed in his life two parts of the Knight-service Land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the Socage Land at his pleasure saving to such Lord for his Custody and Wardship so much of the Knight-service Land as shall amount to the yearlyly value of the third part thereof Every person having Mannours Lands c. holden of the King by Knight-service and not in chief or any Mannours Lands c. holden of the King by Knight-service and not in chief and other Mannours Lands c. holden of any other person by Knight-service and also other Mannours Lands c. holden of any other person in Soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by Act executed in his life two parts of the said Knight-service Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid all the Soccage Land at his will and pleasure Howbeit here also the Custody and Wardship of so much of the said Knight-service Mannours Lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part Provided that all persons shall sue Liverie for Possessions Reversions or Remainders and pay Reliefs and Heriots as they did before the making of this Act. Fines for Alienations shall be paid in Chancery upon Writs of Entry in the Post for common Recoveries suffered of any Mannours Lands c. holden of the King in chief in like manner as upon Alienations of such Mannours Lands c. by Fine or Feoffment Howbeit no other Fine shall be paid there for any such Writs but only such Fines for Alienations Where two or more hold any Mannours Lands c. of the King by Knight-service joyntly to them and their Heirs of one of them and he that hath the Inheritance dieth his Heir being within age the King shall have the Ward and Marriage of such Heir the life of Free holder or Free holders notwithstanding saving to every Woman her Interest of Dower in such Lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also the King the Reversions of all such Tenants by joynt-Tenure and Dower after the death of such Tenants in case they happen to die during the Nonage of the Kings Ward CHAP. LIV. Matrimony and Marriage ALl Marriages shall be adjudged lawfull which are not prohibited by Gods Law What marriages shall be lawfull Spirituall persons may marry 32 H. 8.38 All Laws Canons Constitutions and Ordinances which prohibit Marriages to spirituall Persons who by Gods Law may marry and all forfeitures therein shall be void 2 3. E. 6.21 Bigamus is Felony A Bigamus shall suffer death as a Felon unless he or she have had no notice that the Husband or Wife was living within seaven years before or the Marriage be severed by Divorce This Felony shall cause no corruption of blood Bigamy causeth no corruption of blood c. or loss of Dower or inheritance 1 Jac. 11. CHAP. LV. Of Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man What Voucher is and another ought to Warrant the Land to the Tenant then the Tenant shall Vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by the which he may be Summoned then there shall go forth a Writ called Sequatur sub suo periculo and when he cometh he shall plead with the Demandant and if he come not or if he come and cannot barre the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad valentiam against the Vouchee CHAP. LIV. Voucher and Connter-Plea of Voucher WHen any demandeth Land against another A Tenant impleaded voucheth the vouchee denieth the Warranty and the party that is impleaded Voucheth to Warranty and the Vouchee denieth his Warranty in this case like as the Tenant should loose the Land in Demand in case where he Vouched and the Vouchee could discharge himself of the Warranty In the same wise shall the Vouchee loose in case where he denieth his Warranty and if it be found and tryed against him that he is bound to Warranty And if an Enquest be depending between the Tenant and the