prysoner in warres and is compelled to serue and become the thrall and bondeman of hym that toke hym the lawe calleth suche persone a villayne And ye shall note that vyllaynes be properly called in latyn serui bycause that whaÌ„ they be taken in war the captaynes be wonte not to kyll them but to sell them and so to saue theyr lyfes so that they be called serui a seruando that is to say of sauyng They be also called Mancipia a manu capÃendo bicause that they be taken by hand poure of the enemies Nowe as I sayde by the lawe oâ— nature we are al borne free but after that by the lawe of Gentilitie seruitâ—te inuaded the worlde than ensued the benefyte of manumission Manumission is de manu datio that is to saye a gyuynge out of the hande or power For so longe as a man is in bondage and seruitute he is subiecte to the hande and power of an other and whan he is manumissed he is made free delyuered from the sayd power so that a manumission is nothynge elles than an enfranchisemeÌ„t that is to saye a wrytynge testifieng that the lorde hath enfranchised his villayn al his offpring and sequel Also yf the Lorde maketh to hys villayne an obligacion of a certeyne summe of money or grauntethe to him by his dede an annuitie or yearly pension or leaseth to hym by dede landes or tenementes for terme of yeres any of these actes do imply an enfranchisement Lykewyse yf the Lorde maketh a feoffement to his villayne and maketh vnto hym lyuery of seysâ— thys also is an enfranchisment and secret manumissioÌ„ Brefely to speke where so euer the lorde compelleth his vyllaine by the course of the lawe to do that thyng that he myght otherwyse eÌ„force him to do or to suffre without the auctoritie and compulsion of the lawe he doth by implication enfranchise his villayne as if the lorde wyl bryng agaynst his villayne an action of det an action of accompt of couenant or of trespace these and such lyke be in the eye of the lawe enfranchisementes and manumissions bycause that the lorde in all these cases may haue the effecte and purpose of his suite that is to saye the goodes catels and correctioÌ„ of his bondman without the compulsion of the lawe euen by his owne propre power and authoritie whyche he hath vpon hys villayne But if the lord doth sue his vilayne by an appeale of felonye the villayne beyng lawfully endyted of the same before this is no tacite manumission or infranchisemeÌ„te for the lorde though he haue power to beate his villaine and to spoyle him of his goodes yet he can not by the lawe of this Realme put him to deathe Ye shall also vnderstande that if a mannes villayne purchaseth landê or acquyre and gette vnto him anye other thynge the lorde maye by and by entre and sease the same in to hys owne handes Wherfore if the lorde wyll brynge agaynste hys villayne a praecipe ê™ reddat by whyche he demaundeth agaynst his villayne any landes or tenementes this implyeth an enfranchisemente for asmoche as he byndeth himselfe to the prescripte and authoritie of the lawe where as he might vse his owne authoritie by entring and seasing the said landes Finally ye shal marke that some villaynes be called villaynes in grosse and other some be called villaynes regardaÌ„t In grosse be they of which the lorde is seuerally seased and not by reasone of any lordeshyp or maner but they be called regardaunte whiche do belonge to a Manoure of whyche the lorde is seased and the sayd villaynes haue bene regardant that is to saye expectant and attendante tyme out of mynde to the lorde of the sayde Manour in doing vnto him suche seruices as to a villayne appertayne ⧠Of rentes ⧠FOr asmoch as vpoÌ„ euery tenure there is commonly reserued one rente or other therefore I thynke it good sumwhat to treate of rentes But ye must vnderstande that there be sundry sortes of rentes There is one kynde of rente whyche is called rent seruice â—n other whiche is called rent charge and the thyrde which is named in frenche rente secke that is to saye in latyne redditus siccus a drye rente Nowe rent seruice is so called bycause it is knyt to the tenure and is as it were a seruice wherby a man holdeth his landes or tenemeÌ„tê or at lest way when the rente is vnseuerably coupled and knyt wyth the seruice as for an exemple where the tenant holdeth his lande of the king or of any other lorde by fealtie and by certaine rente or by homage fealtie and certaine rent or by any other sortes of seruices by certaine rent this rent is called rente seruice And here ye shal note that if this rent seruice be at any time when it ought to be payed behynde and vnpayde the lorde of whom the land or tenement is so holden whether it be in fee simple fe taile for terme of life for yeres or at wyll may of common right entre and distraine for the rent though there be no mencion at all ne clause of distresse put in the dede or lease I said before that yâ— nature of this rent seruice is to be coupled and knyt to the tenure For where no tenure is there can be no rent seruice And therfore if at this day I be seised of landes in fee simple and make a dede of feffement of the same to an other in fe simple reseruing by the same dede a rente thys can be called no rente seruice bicause there can be nowe no tenure betwene the feffoure and the feffee Otherwise it is of feffementes in fee simple made before the statute of Westmester the thirde called Quia emptores terraruÌ„ For before the making of yâ— statute if a man had made a feoffement in fe simple reseruynge to him a certayne rent yea though it had bene wtout dede here had bene created a new tenure betwene the feffoure and the feffee and the feffee shuld haue holdeÌ„ of the feffoure who by vertue of the same myght of common right haue distreyned for suche rent But at this daye by force of the sayde acte there can be no suche holdyng or tenure created nor begonne and consequently no rent seruice can be at this daye reserued vpon anye gyfte in fee simple except it be in the kinges case who being chiefe lord of all euer might and may giue landes to be holden of him Thus ye se that at this day no subiect can reserue any rente seruice vnto him onles the reuersioÌ„ of the landes or tenementes that he shall graunt be styll in him as where he grauntethe them in feâ— tayle or maketh but a lease for terme of lyfe or for certayne yeares or ells at wil. For in al these cases the reuersion of the fee simple remayneth styll in hym and therfore if here be anye rent reserued it is to be called a rent seruice and is of common right distreynable
though there be no clause of distresse in the dede of feffemente or lease But here ye wyl aske me when in the case before remembred a man at this daye gyuethe cleane aweye the lande or tenement from himselfe in fee simple so that there is no maner of reuersion of the same remaynyng in him at all and yet neuertheles reserueth vnto hym by hys dede a certaine rent what maner rent this shal be called I answer if there be in the dede indented any clause of distresse put that is that if the rent be behind vnpayed it shal be lawful for the feffoure to entre and to distreyne it is called a rente charge forasmoche as the lande is charged therwyth but howe of common right no but only by vertue and force of the wrytynge But on the other syde if there be no suche clause of distresse put in the indenture thaÌ„ the rent so reserued shal be called a rent secke Likewyse if a man that is seised of certaine landes wyll graunte eyther by indeÌ„ture or by his dede polle that is to saye single and not indented a yearly rent out of the same landes to an other whether it be in fe simple fe tayle for terme of lyfe for yeares or at wyll wyth clause of distresse then this rent is called a rente charge and he to whom suche rente is graunted may for defaulte of payment therof entre and distreine But contrarely if the graunte be made wythout any such clause of distresse it is called reÌ„t secke that is to say a dry rent bicause he can not come to it in case it be denied by way of distresse in so moch that if he were neuer seysed of it he is by the course of the common lawe without remedie Otherwise it is of a rent charge for here he to whoÌ„ the graunt is made whaÌ„ the rent is behinde may chose whether he wyll sue a wrytte of annuitie againste the grauntoure or distreyne for the rent behynde and reteine the distresse tyll tyme he be paid accordingly But he caÌ„ not haue both remedies to gither but muste take him to the one for if he ones recouer by a wrytte of annuitie then is the lande discharged And if he sewe not his writte of annuitie but distrayne for the arreragies and the tenauâ—te seweth a â—epleuin wherupon yâ— other auoweth the taking of the distresse in court of recorde then is the land charged and the person of the grauntour discharged of the action of annuitie Ye shal also vnderstand that if a maÌ„ wyll that an other shall haue a rent charge coÌ„myng out of his lande and yet wyll not that his person shuld be by any meanes charged by wrytte of aÌ„nuitie he may thaÌ„ haue such clause in the ende of his dede Prouiso ê™ praesens scriptum nec quicquam in eo conteÌ„tum ullo pacto se extendat ad oneraÌ„dam personam meam per breue seu actionem de annuitate sed tantuÌ„ modo ualeat ad onerandum terras fuÌ„dos tenementa mea de annuo redditu praedicto If thys or suche lyke clause be added then the land is charged and the person of the grauntour is discharged Also if a man wyll make a dede of graunte in this wise that if Iohn at Style be not yearly payd at the feast of Christms for terme of his life .xx. shillinges sterlyng that then it shall be lawfull for the sayd IhoÌ„ at Style to distreyne for it in the Manoure of Dale this is a good rent charge bycause the Manoure is charged with the rent by wey of distresse and yet neuerthelesse in this case the persone of him that made such dede is discharged of any action of annuitie forasmoch as he graunted not by his dede any aÌ„nuitie to the sayd Ihon at Style but onely grauÌ„ted that he might distreyne for suche yearly rent Furthermore ye shall note that if a man hath a rent charge to him and to his heires coÌ„myng out of certeyne landes and doth purchase any parcel of this land to him and to his heires in thys case the hole rente charge is qwenched and gone and the annuite also the cause is this the a rent charge can not be in suche case apporcioned Otherwise it is of a rent service for if one whiche hath a rent seruice as for exemple xx d. by yeare doth purchase parcel of the lande out of which this yearly rent of xx d. is commyng this shal not extinguish ne drowne yâ— hole rent but for that parcell only For reÌ„t seruice in suche case may very wel be apporcionate and rated according to the value of the lande Yet there be some sortes of rentes seruices which in no wyse can be apporcioned As where a tenaunt holdeth his lande of his lorde by the seruice to reÌ„dre to his lorde yearly at suche a feast an horse a ring of gold a redde rose a gylouer 〈◊〉 suche lyke if in this case the lorde doth purchase parcell of yâ— land thus of him holden this seruice is gone bicause such seruice can not be seuered ne apporcioned Also escuage is a seruice that may very well be apporcioned accordinge to the afferaunce and rate of the lande But where any lande is holden by homage and fealtie if the lorde purchaseth parcel of the land yet he shal haue hys homage and fealtie styll of his tenaunte Ye shall marke also that if a man maketh a lease of landes to an other for terme of lyfe reseruing to him certaine rent if in this case he grauÌ„teth the rent to Iohn at Style sauing to himselfe the reuersion of the said laÌ„d thys rente is but rente secke bycause Iohn at Style yâ— hath the rent hath nothing in the reuersion of the land But if he graunteth the reuersion of the lande to Iohn at Noke for terme of lyfe and the tenaunt atturneth accordingly then hath Iohn at Noke the rente as rente seruice bycause he hath yâ— reuersion for terme of his life Lykewise it is if a man giueth laÌ„des or tenementes in taile reseruing to him to his heires certaine rente or maketh a lease of the land for terme of life reseruinge certayne rent if he graunteth the reuersion to an other and the tenaunt atturneth accordingly the hole rent and seruice shal passe by this worde reuersion bicause the rent and seruice in suche case be incident to the reuersion and do passe by the graunt of the reuersion But if he had graunted the rent only the reuersion had not passed ¶ What remedy a man hath to recouer his rent when it is behynde I Shewed you before that for a reÌ„t seruice if it be behynde ye may distrayne in the grounde euen of common ryght thoughe there be no suche clause of distresse meÌ„cioned in yâ— dede of feoffement grauÌ„t or lease Also for a rente charge ye maye distreyne or bryng your wryt of annuitie at your choise and election as before is declared But of a rent secke if ye were neuer seised of
vnder the value of x. marke Also no Mortuarie shal be taken but onely where Mortuaries haue bene vsed to be payde and there after the forme hereafter mencioned Nor in no mo places but one that is to were there where his most abiding is and there but one Nor no persone shal take for a Mortuarie of any person being at his death of the value of x. markes aboue his dettes paid and vnder xxxli aboue .iij s iiij d And of the value of xxx li. and vnder lx lj not aboue vi s viii d And of the value of lx li. or aboue to any summe what so euer it be not aboue x. s. Prouided that no Mortuarie shal be asked nor payd for any woman couert baron or child or any person not keping house or for any wayfaring man but the mortuaries of such wayfaring men be an sweâ—able in that place where they had their most dwelling at yâ— time of their death Prouided that any such spiritual persoÌ„ may take any thing which shal be disposed or bequethed to him or to the high aulter of the church Also no thing shal be taken for Mortuaries in wales nor the marches of yâ— same nor in Calys or Berwyke or the marches of the same but only in such places of yâ— same where mortuaries haue bene accustomed to be paid and there but onely after the forme aboue specified Prouided that the byshops of Bangour Landaffe saint Dauies saint Asse the archdeken of Chester may take such mortuaries of yâ— prestê°â— within their diosices iurisdictions as heretofore haue bene accustomed Prouided also that in such places where mortuaries haue bene accustomed to be taken of lesse value none shal be compelled to paye any other mortuarie or more for any mortuarie then hath bene accustomed nor no mortuarie there shal be demaunded of any person exempt by this acte vpon payne afore lymyted ¶ An acte for the assuraunce of fermoures made aÌ„ 32. Hen. 8. AL leases heereafter to be made of any manours laÌ„des tenementes or other hereditamentes by wryting inâ—cted vnder seale for terme of yeres or for terme of life by any persons being of ful age of one and twenty yers hauyng any state of inheritaÌ„ce either in 〈◊〉 simple or in fee tayl in their own right or in the right of their churches or wyâ—es or ioyntly with their wiues of any estate of inheritaÌ„ce made before yâ— câ—uerture or after shal be good effectual in the law agaynst yâ— lessours their wyues hâ—yres and successours according to such estate as is comprised in euery such indenâ—iâ—ee of lease Prouided that this acte shal not extende to any leases to be made of any laÌ„des tenemeÌ„tes or hereditameÌ„tes being in the handes of any fermoâ—t by vertue of any olde lease onles the same olde lease be expired futrendâ—ed or ended within one yeare nexte after the making of the sayd new lease nor yet shal extende to any graunt to be made of any reuertion of any landes tenementes or hereditamentes nor to any lease of any such landes tenementes or hereditamentes as haue not most commonly bene letten to ferme or occupied by the fermours therof by the space of .xx. years nexte before such lease therof made nor to any lese to be made without impeachment of waste nor to any lease to be made aboue the numbre of xxi yeares or thre liues at the most from the day of making therof And that vpon euery such lease there be reserued yearly during the same lease dewe payable to the lessours their heires and successours to whom the same landes shuld haue come after the dethes of the lessours if no such lease had bene therof made and to whom the reuersion therof shal perteine according to their estates interestes so moch yerly rent or more as hath bene most accustomably yelden for the same within .xx. yeres next before such leases therof made that euery person to whome the reuersion therof shal perteine after the deathes of such lessours or their heires shal haue such lyke remedy and auantage to al ententes and purposes against the fermours therof their executours and assignes as the same lessour shuld or myght haue had Prouided also that yâ— wyfe be made partie to euery such lease as shall be made by her husbande of any landes being the inheritance of the wife and that euery such lease be made by indenture in the name of the husbande his wife and she to seale yâ— to same And that the rent be reserued to the husbande and to the wife and to the heires of yâ— wife accordiÌ„g to her estatâ— of inheritance in the same And that the husbande shall in no wise aliene discharge grauÌ„t or giue awey yâ— same reÌ„t reserued nor any parte therof longer then during the couerture without it be by fyne leuyed by the sayde husband and wyfe Prouided furthermore that this acte extende not to giue any lybertie or power to any persons to take any mo fermes leases or takings of any manours laÌ„des tenementes or other hereditamentes than they myghte lawfully haue done before yâ— making of this acte nor yet extende to giue any libertie or power to any person or vicar of any church or vicarage for to make any lease or graunt of any their messuages landes tenementes tithes profytes or hereditameÌ„tes belonging to their churches or vicaragies otherwise than they myght haue done before the making of this acte ⧠An acte that fermoures shall take auantage of condicions and couenantes against grauÌ„tees of reuersions aÌ„ 32. Hen 8. AL fermours and grauntees of lordships landes rentes personages tithes portioÌ„s or any other hereditamentes for terme of yeares life or liues their executours administratours and assignes shal haue like action and remedy against all persons and bodyes polytike their heires successours and assignes whiche haue or shall haue any gift or graunte of the king or of any other person of the reuersion of the same lordships landes tenementes and other hereditameÌ„tes so letten or any parcel therof for any condicion couenant or agrement conteyned in the indentures of their lease as they might haue had against their sayd lessours and grauntours their heires or successours al benefytes aduantagies of recouries in value by reason of any warranty in dede or in law by voucher or otherwise onely excepted Prouided that this acte shall not extende to hinder or charge any person for the breche of any couenant or condition comprised in any such writing as is aforesayd but for such couenantes and condicions as shall be broken or not perfourmed after the fyrst day of Septembre in the .xxxii. yeare of this king and not before ⧠Of falsifieng of recoueries by fermers inacted aÌ„ 21. Hen. 8. All fermers or lessees for terme of yeares may herafter falsefie for their terme onely recouerees had by fayned titles aswell as a tenaunt of frehold might at the comen law And the same fermers or termers their executours and assignes shal enioy their
by an aunciente custom she shal be indowed of the 〈◊〉 â–ª yea and thoughe 〈…〉 seased actually durying the courture yet if the landes be caste vpon 〈◊〉 by the lawe so that the law calleth him tenaunt to euery mans action it suffiseth for the woman to demaunde her dower for it were vnreasonable that the negligence 〈…〉 of entrynge of the husbande shulde hurte the wyues 〈…〉 Otherwise it is as I sayde before of tenauÌ„t by the curtesy for if landes descende to a woman couert and the husbande for slouthfulnes or negligence doth not entre in his wyues life he shal not be tenaunt by the curtesi◠〈◊〉 by all lawes the wyfe oweth obedience and subiectioÌ„ to her husbande and therfore she can not compel him to entre but when landes descend to the wyfe the husbande onelye haue power to entre at his pleasure And ye shall vnderstand that onlesse the wyfe be passed the age of ix yeares at the tyme of her husbandes deathe she shall not be endowed by the common lawe But it is to be knowen that a womaÌ„ maye by diuers wayes estoppe and preuidiâ—e her selfe of her dower as if she commyt any crime for which she is atteynted of treasone murdre or felonye â—he gettâ—â—no dower not wythstandyng she hath obteyned her pardone Also yf after the deathe of her husband she taketh a lease for terme of lyfe of the same landes wherof she is indowable she losed her dower of the same Moreouer yf she departethe from her husbande and lyuethe in aduoutrye wyth an other man and not reconcieled agayne to her husbande wythout coercion of the ecclesiasticall power she lesethe her dower after her husbandes deathe She shall be also barred of dower yf she wyll wythholde from the heire the charters and euidence concernynge that lande wherof she asketh dower But none other saue the heyre can wytholde her dower for thys cause It maye not be vnknowne also of what thynges she maye demaunde dower and of what thinges not Of landes messuagies aduousons rent charges rente seruyses or signories in grosse or otherwyse of villaynes of coÌ„mons certayne of estouers certayne she is dowable But of commons and estouers sans nombre also of annuities of homage of thingê of pleasure as of seruyces of paimet of roses and semblable she shall not be endowed There be yet two other kindes of dower the one is called dowment ex asseÌ„su patrâ—is and the other is called dowment de la plus beale ê‘tie that is to saye of the fairest parte Dowment ex assensu patris is whan the father is seased of landes in fee and his sonne whiche is heyre apparaunt endoweth his wife at the churche dore whan he is espoused of parcell of hys fathers landes wyth the assente of his father in wrytinge testifienge the same assent if in thys case her husband dye she may forthwyth entre into the laudes so assigned vnto her wtout further appâ—yntynge or proces of law although the father of her husbande be yet aliue in actual possession of the lande But if she thus do and take her to thys endowment at the churche dore she can not haue her dower by the common lawe of the thyrde parte of all her husbandes landes or any parcell of them how be it if she wyll refuse this assignement made vnto her at the church dore and demaund dower at the common lawe she maye verye well A man maye also endow his wyfe at the time of the spousailes of his own landes whiche he hath in his owne possession and that dower is called dower ad ostium ecclesiae Dowment Dela plus beale that is to saye dowmente of the fayreste parte shall be in thys case Whan a man is seased of landes whiche he holdethe of an other man by knyghtes seruice and of other laÌ„des which be of socage tenure and hathe issue whyche is wythin the age of .xiiij. yeares dye and the lorde of whom the lande is holden by knyghtes seruyce entrethe in to the lande holden of hym and the mother of the chylde entrethe in to the socage tenure as gardeyne in socage yf in thys case the woman wyll brynge a wrytte of dower agaynste the lorde whyche is gardeyne in cheualrye he may plede the speciall mater and shewe howe she as gardeyne in socage hath so moche lande and pray the court that she maye be suffred to endowe her selfe of so moche lande beynge in her owne custodie as amounteth to the thyrde parte of the hole landes And than the iudgemente shall be that the gardeyne in chyualrye shall reteyne the lande holden of hym quyte from the woman duerynge the non age of the warde After which iudgement she maye go and in presence of her neighboures endowe her selfe of the beste parte of that whyche is in her custodye amountynge to the thyrde parte of the hole and than is she called tenaunte in dower de la plus beale A diuision of inheritaunces HYtherunto I haue spoken of free holdes nowe it remayneth to treate of inheritauÌ„ces not that inheritauÌ„ces be no free holdes for they be free holdes also but the other estates of whiche I haue here tofore treated be onely free holde and of no hygher nature where as a state of in heritance although it â—e a free hold yet it is not to be called by that name sythe it is a farre more excellent and greater estate But ye shall vnderstande that of inheritaunces some be of more amplitude and excellencye than other some be as that inheritaunce whyche is pure simple and without limitacion of what heyres is it called fee simple But when I make a limitacioÌ„ of what heyres thaÌ„ is it called fee tayle of which also be two sortes as herafter more at large shal be declared Nowe the nature of fee simple is to be setforth wyth oure accustomed compendiousnes Fee simple FEe simple is as I sayd the most ample large inheritaunce that can be in this realme diuised or excogiâ—ate as that whiche a man hath to hym and to his heyres simply without any further limitacion for whether they be of his owne bodye begot ten or not so that they be the next of his kinne and wythin the degrees it suffiseth So then tenaunte in fee simple is he that hath landes or tenementes whether it be by purchase or by discent to him to his heires for euer For if a man will purchase landes in fee simple he must nedes haue these wordes his heyres in his purchase for these be the onlye wordes that make an estate of inheritaunce Therfore yf landes be gyuen to a man for euer no mencion be made of his heyres he hath an estate but for terme of his lyfe bycause these wordes his heyres do lacke Yet neuertheles if a maÌ„ by his testament doth deuise landes to an other in suche where the custome wyl serue so to do though he maketh no mencion of heyres but saythe that he bequethethe to suche a
issue but doughters and die and the doughters do enter in to the landes thus desceÌ„ded vnto them nowe they be called parceners or coheyres by a wryt called De ê‘titione facienda brought by on of them agaynst the others they shal be constrayned by the lawe to suffre an egall particion to be made of the landes bytwene them Nowe partycion maye be made in sundrye wayes One waye is whaÌ„ they them selues do make particion bytwene them of the hole herytage and do agree vnto the same and entre euery one in to her parte so alotted vnto her An other is whan by all they re agremente an consente one common frende do make the particion In whych case the eldest syster shal haue the fyrst election and after her the seconde suster and so forth But if they agree that theldest suster shall make the particion and she maketh it then theldest shal not chuse fyrst but shall suffer all her susters to chose before her as it is thought There is also an other forme of particion whiche is egally to diuide the landes into so manye partes as there be coheires or parciners and to wryte euery parte so diuided in a seuerall scroule of paper and to putte the sayde scroulles in to a bonette or to enclose them seuerally in balles of waxe and than the eldeste suster to chuse whyche balle she wyt or to put her hande in to the bonet and to take a scroule to holde her to her chauÌ„ce and allotment and so consequentlye euery suster after other And ye shall note that particion by agrement maye as well be made by nude and bare wordes wythout wrytynge as by wrytynge That yf any of the parceners wil not suffre any particion to be made than may the other that wolde haue partition purchase a write called De partitione facienda agaynste them that refuse partition to compell the same to suffer partition to be made accordyngly and than by the iudgement of the courte the sheryfe by the seremente of twelue men shall make particion bytwene them and shal assigne to eche suster her porcion as he shall thynke good wythout gyuyng anye election to the eldeste And if two Manours of meeses descende to two susters and the maners be not of egall value than may she to whom the lesse maner is allotted haue assigned vnto her a rente proportionably out of the others maner Finally ye shall vnderstande that if a man be seased of landes in fee semple hath issue two daughters and giueth wyth one of his daughters to an other man that is to mary her the thirde or fourth parte of his lande in franke mariage and dyeth if in thys case the daughter that is in this wise auaunced wyll haue her porcyon of her fathers heritage she muste putte her lande gyuen vnto her in francke mariage in hochepot newe agayne I meane she must be conteÌ„ted to suffer her sayde landes to be commixte and mengled wyth the other landes of whyche her father dyed seased in fee simple so that an equall diuision maye be made of the hole or elles she shall haue no parte of those landes of which her father died seased But if her father had made vnto her but a common gifte in taile or a feffemeÌ„t in fee she shulde not nede to put her landes in hochepot but may retayne them styl also haue as good a part of the rest of the landes of which her father dyed seased as her other sister or sisters For a gyfte in francke maryage is accompted the moste free or moste liberall gyfte that can be and that whyche the lawe iudgethe to be onelye for the aduauncement and be stowynge of the daughter where as feffementes in fee and also common giftes in taile be accustomably for other causes and for the aduauntage rather of the gyuour or feffour then of the taker Of condicions FOrasmoche as euery estate is either pure or condicionall it were not amysse somwhat to make a declaration of the nature and efficacye of condicions Wherfore ye shal vnder stande that of condicions some be actuall condicions be called expresse condicions or coÌ„dicions in dede and other some be coÌ„dicioÌ„s in law whych be called also in latine Condiciones tacitae siue condiciones implicitae bycause they be secretely implyed by the lawe and not expressed Condicions in dede be such as be knyt and annexed by expresse wordê to the feffemente lease or graunter either in writing or without as for exeÌ„ple if I infeffe a man in certayne landes reseruynge to me to my heires so moche rente yerlye to be payde at suche a feast and for defaute of payment that it shal be lawfull for me to reentre thys is a feffement vpon condicion of paymente For the not payment of the rent shal dissolue the fefment Semblably it is of gyftes in tayle leases c. But yf the condicion be that for defaulte of paymente of the rent it shal be lawfull for the feffoure to entre agayne in to the landes and to holde them tyll he be satisfied of the rente this condition not performed dothe not dissolue the feffement but only gyueth to the feffour an authorytie to reteine the landes as it were by way of distresse tyll he hath leuyed the arrâ—ragyes of the rent And ye shall obserue that condicions be somtyme made to be performed on the feffees behalfe and somtyme on the feffours behalfe On the feffees behalfe as whan I infeffe you of landes vpon coÌ„dicion that ye shall do suche an acte as to pay vnto me or to myne heyres such annuall rent On the feffours behalfe as whaÌ„ I make a feffement vnto you vpon coÌ„dicion that yf I pay or cause to be payde vnto you before suche a daye suche a somme of money than it shal be lawfull for me to entre agayne retein my landes in my former estate In this case ye that be the feffee are called tenaunt in morgage which is as moch to saye as a dede gage and it semethe that the cause why it is so called is for asmoche as it is doubtfull whether the feffoure wyll pay at the daye prescribed suche somme of monye for the redemption of hys landes or no for if he do not his title or intresse in the landes thus gaged oppignorated is vtterly extinct with out all hope of renuynge Ye shall note that yf the morgageoure dyeth before the daye of payment hys heyre maye redeme the laÌ„d very well euen as well as his auncestoure that morgaged the land might haue done although there be no mencion made of heyres in the wrytinge And yf whan the monye is lawfully by the morgageour or his heire profered and the feffee refuseth to receyue the same the feffoure or hys heyre maye entre and then hath the feffee no remedy for his mony at the common lawe Ye shal vnderstaÌ„d also that some condicions be vtterlye voyde in the lawe and of none efficacy or streÌ„gth as if a
rent be behynd vnpayde it shal be in his free libertie election either to entre and distrayne for the rent or to brynge an action of dette againste him at the law for the arreragies of the same But in this case it is requyred that the lessoure were seased of yâ— landes or tenemeÌ„tes at the time of the makiÌ„g of the lease for otherwise it shall be a good plee in the action of dette for the tenaunt to saye that the lessour had nothinge in the lande or tenement at the time of the lease made excepte the leasâ— were made by dede indeÌ„ted for than the plee shall not lye in the mouthe of the tenaunte or lessee to plede And it is to be knowne that in a lease for terme of yeares by dede or without dede there nede no lyuerye of seasone to be made to the lesse but he may entre when he wyl by vertue of his lease wythout any further ceremonye of lawe Note also that yf a man lesseth landes for terme of yeares thoughe the lessoure chaunceth to dye before the lessee doth entre yet the maye entre well ynoughe Otherwyse it is where as lyuerye of seasone is to be made as in free holdes and in inheritaunces Also yf the tenauÌ„t for yeres doth waste the landlorde maye brynge an action of waste agaynste hym and shall recouer the place wasted and his treble damages Tenaunte at wyll TEnaunte at wyl is he to whom landes or tenementes be lessed to haue holde the same at the wyll of the lessoure And in this case the lessoure may put out his tenaunte at what tyme hym lysteth But yet neuertheles if the tenaunte haue sowed the groundes with corne in thys case if the lessoure wyl entre and put out his tenaunte before haruest the lawe wyll gyue hym free commynge and going to repe and cary his corne awaye wythout any punyshment or dammage to be susteyned for his sodoynge bicause he knew not at what time the lessoure wolde entre But otherwise it is of the tenaunt for certeine yeres for if he soweth yâ— ground and the terme of hys lease be come out and expired before the corne be type in thys case that lessoure or he in the reuersion maye entre and take the corne bycause it was the folye of the tenaunte to sowe the grounde knowynge the ende of his terme In lyke wyse tenaunte at wyll shall haue free commyng and going after the time of the lessoures entree to carye awaye hys housholde stuffe and goodes for a reasonable space ⧠Ye shal also vnderstande that he that maketh a lease at wyll maye reserue an annuell or yearely rente in whiche case if the rent be behynde he may entre very well and distreyn the goodes and catells of the tenaunte or at his election bryng an action of dette agaynst him Also it is to be knowne that tenaunt at wyl of a mese or tenemente is not bound by the order of lawe to susteyne and repaire the houses that be ruynouse as is the tenaunte for yeares and therfore none action of waste lyeth agaynst him Yet if he do wylful waste as if he plucketh down the houses or cuttethe downe the trees it hath bene thought by the sages of the lawe that the lessoure may brynge an action of trespace against hym and recouer hys losses therby susteyned ⧠Tenaunt by copy of courte rolle THere is an other kynde of tenaunt at wyll whiche is called tenaunt by copy of the courte rolles And this is when a man is ceased of a maner wythin whiche it hath bene vsed tyme out of mynde that the tenauntes within the precincte of the said maner haue holden landes and tenementes to them to their heyres in fee simple fee tayle or for terme of life at the wyll of the lorde according to the custom of the maner And such a tenaunte can not aliene or sell his land by his dede for if he do the laÌ„de or tenemente that is so aliened and sold is forfayted into the lordes handes but if he wol alien his copy hold lande to an other he must according to the custome come into the lordes courte and there surrender it vnto the lordes hande to the vse of hym that shall haue the state The formâ— of which surrender is coÌ„monlye vsed to be this Ad haÌ„c curiam uenit A. de A. sursum reddit in eadem curia unum mesuagium c. in manus domini ad usum C. de D. heredum suorâ— uel heredum de corpore c. Et super hoc uenit praedictus C. de D. coepit de domino in eadeÌ„ curia mesuagium praedictum habendum tenendum sibi c. ad uoluntatem domini secundum consuetudinem manerij faciend reddend inde redditus seruitia consuetudines inde prius debitas consuetas c. Et dat domino pro fine c. Et fecit domino fidelitatem These as I said be called tenauntes by copye of courte rolle bicause they haue none other euidence to shewe concernyng theyr landes saue onely the copies of the rolles of theyr lordes courte Neyther can these tenauntes sue or be sued for such landes in yâ— kynges courte by wryte or otherwyse but if they wyll implede or sue others for suche copye landes they must do it by way of playnt in the lordes court after this sorte A. de B. queritur uersus C. de D. de placito terrae uidelicet de uno mesuagio xl acris terrae .iiij. acris prati c. cum pertinenÌ„ Et facit potestationem sequi quaerelam istam in natura breuis domini regis assise mortis antecessoris ad coÌ„em legem uel c. plegii de prosequeÌ„do F. G. c. ⧠Nowe althoughe some suche tenauntes haue an inheritaunce accordynge to the custome of the maner yet in very dede they are but tenantê at the wyll of the lorde For as some men thynke if the lorde wyll expell them and put them forth they haue no remedy at al but to sue vnto their lorde by weye of peticion desyrynge him to be good vnto theÌ„ For if they myght haue any remedye by the law then shulde they not be called saye they tenauntes at the wyl of the lord after the custome of the maner But other men of no lesse lernynge and prudency haue bene of contrary sentence as lorde Bryan chiefe iustice in the time of king Ed. the iiij whose opinion was alwayes that if suche tenaunt by the custome payenge his seruices be eiected and put forthe by his lorde without cause reasonable he maye very wel bryng and maynteyne an action of trespace agaynste his lord at yâ— coÌ„mon law as appereth termino Hilarij anno xxj E. iij. Also lorde Danby chiefe iustice in likewyse was of the same iudgement as appeareth Termino Mich. anno vii Ed. iiij where he saith that the tenaÌ„t by the custome is as wel inheritable to haue his lande after the custome
sergeantye that is to saye a greate or hygh seruice and the cause why it is so called is bicause it is the moste honorable and moste worthye seruice that is for he that holdeth by escuage is not appoynted by hys tenure to do anye other more specyall seruice than an other is bounde that holdethe by escuage but he that holdeth by grande sergeantye is bound to do some speciall seruice to the king Also if he that holdeth of the king by grante sergeanty dyeth his heire beyng of ful age than the heyre shal paye to the kynge for reliefe not onlye C.S. as he that holdethe by escuage shall do but moreouer the clere yearly value of those landes and tenementes whych he so holdeth of the kynge by grande sergeantye Furthermore ye shal obserue that in the marches of Scotlande some men holde of the kynge by coruage that is to say by blowing of an horn to the intent to warne the men of the contrey whan they heare that the Scottes or other theyr enemyes be commynge or be alreadye entred in to Englande whyche seruice is also a kynde of grande sergeantie Grande sergeantie therfore is as moche to saye in latyn as magnum seruitium that is to saye a greate or hyghe seruice lyke as petite sergeantye is called paruum seruitium that is to saye a lytle or smale seruice But to reuerte agayne to the mamatier ye shall note yf any tenaunte holdeth of any other lord than of the king by such seruice of cornage then it is no graunde sergeantye but yet neuertheles it is knyghtes seruice draweth to it ward mariage and reliefe for this is a rule infallible that none can holde by grande sergeanty but of the kynges owne maiestie Finallye ye shall vnderstande that al they whych holde of the king by thys seruice called graunde sergeauntye do holde of the kynge by knyghtes seruyce and by vertue of thys tenure the kynge shall haue of them warde mariage and reliefe but escuage yet he shal not haue of them oneles they holde by escuage of him by expresse and speciall wordes Petite sergeantie TEnaunte by petite sergeantye is he that holdeth his land immediatly of oure soueraygne lorde the kynge by thys maner of seruice to paye to the kynge yearelye eyther a vowe a spere a dagger a swerde a payre of gantlettes a paire of spores of golde a shafte or such other smale thynges apperteynyng to the warre this seruice is in effect but socage bycause that suche a tenaunte is not bounde by hys tenure to go ne do anye thing in his owne propre person touchyng the warre but only to rendre and pay yerely certayne thynges to the kynge as a man ought to pay a rente wherfore thys seruice of petite sergeantye is no knyghtes seruyce but yet ye shal note that a man can not holde neyther by petite sergeauntye neyther by graunde sergeantye out of mynde surely the lorde yf he can not denye this and if he hath receiued the homage of such a tenauÌ„t is bounde by the lawe to warrante hym his lande so that if the tenaunt lose his lande in defaute of the lorde thus vouched that is to saye called to warranty he shal recouer against hym so moche in value of those landes and tenementes whyche the lord had at the tyme of callynge to warrantye or at any tyme after But yf the lorde neuer receyued the homage of hys tenante than he maye verye well whan he is thus vouched disclaime in the lordeshyp or seignorye and so put out the tenaunte of hys warrantye Where ye shal note that in euery case where the lord disclaim in his seignorye in courte of recorde his seignorye or lordeshyp is extinct and the tenaunte shall holde from thensforthe of the nexte lorde to him that thus disclaymed Thus ye perceyue that homage auncestrell is not but where as is a long coÌ„tinuauÌ„ce as well in the blode of the tenaunte in respecte of hys tenauncye as in the bloude of the lord in respecte of his seignorye Wherfore if the tenaunte doth ones aliene hys landes to an other although he purchasethe the same agayne yet he shal not hold any longer by homage auncestrell bycause of thys discontinuaunce but shall holde it nowe by the vulgare accustomed homage Of socage SOcage is properly where the tenant is bound to come wyth his soke that is to saye with his plough to eare and sowe parcell of the demene landes of hys lorde which seruyce in auÌ„cient tyme was very commen frequeÌ„te but nowe by the mutuall consent bothe of the lorde and of the tenant yt ys conuerted for the moost parte in to a yerely rente How be it the name of socage abideth styll wherfore now al that is not knyghtes seruice is caled by yâ— name of socage So yâ— yf a man holdeth by fealtye onely or by fealtye and homage for all maner of seruyce it is but socage tenure for homage alone makith not knyghtes seruyce yea yf a man holdeth by escuage certayne as I haue said here tofore he holdeth in effecte but by socage Nowe where a man holdethe hys landes by socage and dyeth hys heyre beynge wythyn thage of .xiiii. yeres the lord shal not haue yâ— warde but the next of kynne to the heyre to whome the heritage can not descend shall haue the wardeshyp as well of the lande as of the heyre tyll the heir come to the age of .xiiij. yeares and suche gardeine is called gardeine in socage and shal rendre accomptes to the heyre for the issues and profytes that he hathe receiued of the landes durynge suche tyme hys reasonable costes and expeÌ„ses deducted so that he shall not haue the wardeshyp to his owne vse profyte as gardeine in cheualrye hath Finally ye shal vnderstande that whan tenaunte in socage dyethe the lorde shall haue reliefe that is to say the value of the rent that is yearlye due vnto hym of the tenauncye besyde the yerly rente so that in effecte after the death of his tenante he shal haue of the heyre .ii. rentes saue that for the reliefe he may distreyne forth wyth but for the accustomed rent he can not distreyne tyl the vsuall daye of payment be come Francke almoyne TEnaunte in francke almoygne that is to saye in free almesse is where a byshop deane or any other ecclesiasticall persone holdeth of his lorde in pure and perpetuall almes and suche tenure began firste in olde time after this maner Whan a man was seased in ancient time of certain landes or tenementes in his demene as of fee of the same tenementes enfeoffed an abbot his couent or a priour his couent or any other persone ecclesiastical as a deane of a colege mayster of an hospitall or suche like to haue to hold the same landê to them and to theyr successoures for euer in pure and perpetuall almesse or in francke almes in these two cases the tenementes shulde be holden in franke
it nor of any parcel therof ye be without remedy by course of the comoÌ„ law for ye can not distreyne for it nor yet bryng your wrytte of an nuitie but if ye were ones seised of it or of parcel therof and it is estsones behinde then youre remedie shall be this Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng and there demaunde the arreragies of the rent whiche if the tenaÌ„t denye to paye this denyal is a disseisin of the rent Also if the tenaunt be not then ready to pay it this counter uayleth a denyal which is a disseisin Moreouer if neither the tenaunt nor none other man be remayning vpon the grounde to pay the rent when ye demaund the arreragies this also is a denyall in the law and is in very dede a disseisin And of these disseisinê ye may haue an assise of nouell disseisin against the tenaunt and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee And if after suche recouery and execution had the rente be agayne at an other tyme denyed you then ye may haue a redisseisin and shal recouer your double dammagies c. It shal be therfore good wisdome for a man when a rent is grauÌ„ted by any persone vnto him to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent and then if at the next day of paiment the rent be denyed him he may haue an Assise of nouel disseisin And ye shall note yâ— there be thre causes of disseisin of rent seruice that is to wete rescouse repleuin incloser Rescouse is when the lorde vpon the lande holden of him distreyneth for his rent behynde and the distresse is rescued from him or if yâ— lord come vpon the land and wyl distreine and the tenant or any other man for hym wyl not suffre him this is called Rescouse Repleuin is when the lorde hath distreyned repleuin is made of the distresse by wryt or by playnt Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and haue his rent that is to wete by distresse And there be iiiij causes of disseisin of a rent charge the is to wete rescous repleuin encloser and denyer For denyer or denyal is aswell a disseisine of a rente charge as it is of a rent secke Finally ye shal vnderstande that there be two causes of disseisin of a rent secke that is denyall enâ—loset And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid that is to wete this when the lorde commeth to the lande holden of him or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd and the tenant hearing this encountreth him and forstalleth him the weye wyth force and armes and manaceth him in such sort as he dare not come to yâ— ground for to distreine for his rent behynd for feare of death or of mutilatioÌ„ of his membres this is a disseisin bicause the partie is disturbed of his mean lawful remedy wherby he ought to come to his rent Finally ye shall obserue marke that by an act of parliament made in the xxxij yeare of oure soueraygne lorde king Henry the eight it is lawful for the executours and administratoures of tenantes in fe simple tenantes in fee tayle and tenantes for terme of lyfe of rent seruices reÌ„t charges rent seckes and of fee fermes for the arreragies of suche reÌ„tes as were due vnto theyr testatoures in their liues either to distrayne for the same or at their election to brynge an action of dette sauyng in such lordshipes in Wales or in the marches therof where the tenauntes haue vsed tyme out of mynde to pay vnto euery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due vnpayd in her lyfe Likewise it is of him that hath a rent for terme of an other mans lyfe if he for terme of whose lyfe he hath the rent dyeth yet by vertue of yâ— sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had yâ— rent How Auowries ought to be made of rentes and seruices inacted aÌ„ 21. Hen. 8. WHere any landes be holden of any person by rentes customê or seruices if the lord distrayne vpon the same landes for any such rentes customes and seruices and repleuin therof be sued the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vpon the same laÌ„des as within his fee and scignorye aledging in the sayd auowry conysance or iustification the same landes to be holden of hym wythout namyng any person certayne to be tenante of the same and wythout making any auowrye iustification or conisaunce vpon any persone certayne And lykewyse vpon euery wrytte sued of seconde delyuerance And they that make any such auowrye iustification or conisaunce if yâ— same avowrye conysaunce or iustificatioÌ„ be fouÌ„d for them or the playntyffe be nonâ—uâ—â— or otherwise barred then they shal recouer their damagies and costes Also the said playntyffes defendauntê shal haue lyke plees lyke aide prayers plees of disclaymer onely except as they myghte haue had before the makyng of this acte Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce as well without processe as by processe shall from henseforth also in this case ioyne vnto them as wel wythout processe as by processe and haue lyke plees and lyke auauntages in all thinges disclaymer onely excepte as they myght haue by the comen law before thys acte ¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours made aÌ„ 32. Hen. 8. IT is inacted that aswel al persons whych haue or shal haue any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges
tenemeÌ„tes or hereditamendtes Excepte that such disseasour hath had the peasible possession of the laÌ„des tenementes or hereditameÌ„tes wherof he shal so die seased by the space of fiue yeares nexte after the disseâ—sin by him commytted without entre or continual clayme by such as haue lawful title therunto ⧠The limitation of prescriptioÌ„ inacted anno xxxii Hen. viij NO person shal sue or maynteine any writte of right or make any title or claym to any laÌ„des tenemeÌ„tes rentes annuities commons pensions porcions corrovies or other herevitamentes of the possession of his ancestor or predecessor and declare any further season or possession of his auncestour or predecessor but onely of the season or possession of his ancestor or predecessor whiche hath bene seased of the same within .lx. yeares nexte before yâ— teste of the same writte or next before the said title or claime so to be sued Also no persone shal sue or mainteine any assise of Mortancestor Cosinage Ayle writ of entree vpon disseason done to any of his auncestors or predecessors or any other action possessary vpon the possession of any of his auncestours or predecessours for any landes or other hereditamentes of any further season or possessioÌ„ of his ancestor or predecessor but onely of the season or possession of his ancestour or predecessor whiche was seased of yâ— same wythin fifty yeres next before the teste of the oryginall of yâ— same writ And no person shal maynteyne any action for any landes or other hereditamentes vpon his owne seasone or possessioÌ„ therin aboue .xxx. yeares next before the teste of the original of the same writte Item no person shal make any auowry or cognisaunce for any rent suite or seruice alledge any season of the same in his auowry or cognisance in the possession of his ancestors or predecessours or in his owne possession or in yâ— possessioÌ„ of any other whose estate he shal claym to haue aboue fifty yeres next before the making of the sayd auowry or conysaunce Moreouer al formdownes in reuerter formedownes in remainder and scÃre facÃas vpon fyâ—es of landes or other hereditameÌ„tes at any tyme to be sued shall be taken wythin fifty yeres next after the tytle of action fallen And if any person do sue any of the said actions or writtes for any laÌ„des or other hereditameÌ„tes or make any auowry conysance prescription or claime for any rente suite seruice or other hereditamentes and can not proue yâ— he or hys ancestours or predecessours were in actuall possessioÌ„ or seasoÌ„ therin at any time wtin yâ— yeares before lymited if the same be trauersed or denied by yâ— partie plaintiffe demandant or auouant or by the partie tenant or defendaÌ„t he and his heires shal from henseforth be vtterly barred for euer of euery the sayde wryttes actions auowries conisance prescription title and clayme hereafter to be sued or made for yâ— same laÌ„dê tenementes or other the premisses for which the same action wrytteâ— auowry conysaÌ„ce title or claime hereafter shal be at any tyme sewed or made Prouided that al persons whiche now haue any of yâ— said actions writtê auowries scire facias conisance prescription title or claime depending or that hereafter shal sewe or bring any of the sayd writtê or actions or make any of the said auowries cognisances prescription titles or clayme at any time before the feaste of the ascention of our Lorde which shal be in the yere of our lord a thousand fiue hundreth forty and syxe shal alledge the season of their ancestours or predecessours or their owne possession and season also haue al other lyke aduantage in the same writtes actioÌ„s auowries conisances prescriptions and claymes as they myght haue had before yâ— making of this statute Prouided also that if any persones beinge nowe within the age of .xxi. yeres or couert baroÌ„ or in prisoÌ„ or out of this realme of EnglaÌ„d now hauing cause to haue or bring any of yâ— saide writtes or actions or to make any auowries cognisances prescription or claymes it shal be lauful to such persoÌ„s to sue or briÌ„g any of the said actioÌ„s or to make any of the said auowries cognisances titles or claimes at any time wtin syxe yeres nexte after such persons nowe being within age shal accomplish the age of .xxi. yeres or now beyng couert baroÌ„ shal be sole or now being in prison shal be at their lybertie or nowe being out of this realme shal come be within this realme And that euery such persons in their sayd actions auowries conisaÌ„ces titles or claimes to be made sued or commenced wtin the said syxe yeares shall alledge the season of their auncestours or predecessours or of their own possession or of the possession of those whose estate they shal thaÌ„ claime And also within the same syxe yeares shall haue lyke aduantages in yâ— same as they might haue had before yâ— makiÌ„g of this acte Prouided also that if the sayd ê‘sons now being within age or couert baron in prison or out of this realme do dye within age or being couert or while they shal be in prison or out of this realme or decease wtin .vi. yeres next after they shall accomplysh their ful age or shal be at large within this realme or shal become sole and no determination or iugement had of such titles actions or rightes so to them aâ—rewed then the next heir of such persons so dying shal enioy lyke aduantage to sue demaund aduow declare or make their sayd tytles claymes or prescriptions within .vi. yeares nexte after the deathe of such persons as yâ— same infant after hys full age or the sayde woman couert after the death of her husband or the same person beinge oute of this realme after hys repayre or commyng in to the 〈◊〉 or the saide ê‘son imprisoned after his enlargemeÌ„t and commyng out off pryson myght haue had wythin .vi. yeres then nexte ensewyng by force of the prouision last before rehersed â–ª Prouided also that if any persons before the sayd feaste of the ascention sue any of the said actions or make any auowry title or clayme the same happen by the death of any the parties therunto to be abated before iugemeÌ„t or determination therof had then the sayd persons being demauÌ„dantes or auowantes or making any such cognisaunce prescription tytle or clayme being than on lyue and if not than their next heires may commence their action and make theyr auowry conisaunce or clayme vppon yâ— same matter within one yeare nexte after suche suite abated and shal haue like aduaÌ„ttage to sue demaund auow declare or make their said titles claymes or prescriptions within the sayd one yeare as the demaundantes in suche writte or suite abated or as suche as did auowe or make conisance title clayme or prescription myght haue enioyed in the sayd former action or suite Prouided furthermore that if any false verdit happen herafter to be giuen in any of the sayde actions sutes auowres prescriptioÌ„s tytles or claimê than the