the heire Abbot ABbot was the soueraigne head or chiefe of those houses of popish religion which when they stood were called abbeies and this abbot together w t y e monkes of y e same house whoe were called the couent made a corporation Abbettours ABbettorÊ’ are indiuers cases diuersely taken one kinde of Abbettours are they that maliciously without iust cause or desert do procure other to sue false appeales of murder or felonie against menne to the entent to trouble and gréeue them and to bringe them into infamye and sclaunder Abbettours in murder are those that commaunde procure couÌ„sel or comfort others to murder And in some case such Abbettors shal be taken as principals and in some case but as Accessories Soe in other felonies And their preseÌ„ce at the deede doinge and their abseÌ„ce maketh a differeÌ„ce in the case There are abbettors also in Treason but they are in case as principalles for in Treason there are noe accessories Abeyance ABeyaunce is when a leas is made for terms of lyfe the remainder to the right heires of I. S. which I. S. is liuing at y â— time of the grauÌ„t Nowe this graunt of rem passeth from the grauntour presentlye yet it vesteth not presently nor taketh holde in the grauntee that is to say the right heire of I. S. but is sayde to be in abeyance or as the Logiciens terme it in power or in vnderstanding and as we say in the cloudes That is to wit in the consideration of the lawe That if I. S. die leauing a rightheire lyuinge and lyuynge the Lessee for lyfe then this is a good rem ' and nowe vesteth and commeth into that right heire in such sort as that hée may graunte forfayte or otherwyse dyspose the same and cesseth to bée anye more in abeyaunce for that there is one nowe of Abilitye to take it because that I. S. is deade hath left a right heire in life which coulde not bée liuinge I. S. for that duringe his life none coulde properlye bée sayed hys heire Also if a manne be patron of a church presentethe one to the same Nowe is the fee in the person but if the person die and the church is become voyde then is the fee in abeyaunce vntyll there bée a newe personne preseÌ„ted for y e patron hath not the fee but onely the right to present y e fee is in y t incuÌ„bent y e is presented after his death it is in noo body but in abeiaÌ„ce til therebe a new incuÌ„bent as aforesaid ¶ Abishersing ABishersinge and in some copyes mishersinge that is to be quite of amercements before whoÌ„ soeuer of transumptyon proued Abiuration ABiuration is an othe that a manne or womanne shall take when they haue committed felonye and flye to that church or church yarde for safegarde of their lyues chosinge rather perpetual banishement out of the Realme then to stand to the lawe and to bée tryed of the felonye And this lawe was instituted by Saynt Edwarde the confessour a Kinge of this Realme before the conqueste and was grounded vppon the lawe of mercys and for the loue and reuerence noe doubt that hée and other hys successours dyd beare vnto the house of God or place of prayer and administration of his woorde and sacraments which wée call the church But howe vncomely a thinge it was or is and howe farre from the nature of the house of god to make her a succorour and defender of horrible murderers theues you may consider brother Nicholas and the rather when you remeÌ„ber what our sauiour Chiste sayed reprehending the Jewes and parauenture also propheseinge of thys My house shalbée called the house of prayer but you haue made it a denne of théeues Abridgement of a plaint or demaund ABridgemeÌ„t of a plaint or demaunde is where one bryngeth an assyse writ of dower writte of ward or such like where the writ is de libero tenemento as in a writ of dower the writ is rationabilem dotem que eam contingit de libero tenemento W. her husband And in a writ of ward the writ is custod ' terr' et hered ' c. and the plaintife or demaundant demaundeth diuers acres or parcels of land and the tenant pleadeth non tenure or iointenancy or some other such like plea to parcell of the land demauÌ„ded in abatement of the writ then the plaintife or demaundant may abridge his plaint or demaunde to that parcell that is to say he may leaue that part out and pray that the tenaunt shall answere to the rest to which hee hath not yet pleaded any thinge The cause is for that in such writs the certeintie is not set downe but the demaunde runneth generally de libero tenemento and notwithstandinge the demaundaunt hath abridged his playnt or demaunde in part yâ—t the writ remayneth good stil de libero tenemento for the rest Acceptance ACceptance is a taking in good part and as it were an agreeinge vnto some act don before which might haue byne vndon and auoyded if such acceptance had not bin by him or them that so accepted As for example if an Abbot lease land of his house for terme of yeares reseruing rent and dieth and after an other is made abbot who accepteth that is to say taketh or receyueth the rent when it is due and ought to bee paied Nowe by this acceptance the lease is made perfect and good which els the Abbot might very well haue auoyded and made frustrate The like law is iâ— a man his wife seysed of land in y â— right of y â— wife â—ome and make a lease or feoffemeÌ„t reseruing rent and the husband dieth shee accepteth or receiueth the rent by which the feoffement or lease is made perfect and good and shall barre her to bring her writ called Cui in vita Accessories ACcessories are in ii sortes the one before the offence the other after the offence is done Accessorie béefore the fact or offence is hée that commaundeth or procureth an other to doe felony and is not there present him selfe when the other doth it but if hée bée present then hee is also principall Accessorie after the offence or fact is he that receyueth fauoureth or aydeth a felon knowing wel of the deede that hee hath done Also one may be accessorie to an accessorie as if one feloniously receiue an other that is accessorie of a felonie there the receyuer is an accessorie Accion ACcion is a suit geuen by the lawe to recouer a thing as an accion of debt and such like Accions personals ACcions personals bée such accions whereby a man claymeth debt or other goods or cattel or damage for them or damages for wrong done to his person Accion populer ACcion populer is an accion which is geuen vppon the breach of some penal statute which accion euery man that will may sue for him selfe and the Queene by information or otherwise as the statute alloweth and the case requireth And of
I. S. by his wil all hys lands and tenementes here not onely all those landes y â— he hath in poss doe passe but also those that he hath the reuersion of by vertue of these wordes tenements â–ª 〈…〉 â—e deuiâ—ed to a man to haue to him for euermore or to haue to hiÌ„ his assignes in these ii cases y e deuisée shal haue a fée sâ—ple But if it be geuen by feoffement in such maner hée hath but an estate for terme of life Also if a man deuyse his land to an other to giue sel or doe therwith at his pleasure or wyll this is fée simple A deuise made to one to his heires males doth make an estate taile but if such words be put in a déede of feoffement it shalbée taken in fée simple because it doth it doth not appere of what bodye the heires males shal be begotten If lands be gyuen by déede to I. S. and to the heires males of his body c. whoe hath issue a daughter whoe hath issue a sonne and dieth there the land shall returne to the donour and the sonne of the daughter shall not haue it because hée cannot conuey himself by heires males for his mother is a let thereto But otherwise it is of such a deuise for there y e son of y e daughter shall haue it rather theÌ„ y â— wil shal be voyd If one deuise to an infant in his mothers belly it is a good deuise otherwyse it is by feoffement graunt or gift for in those cases there ought to be one of hability to take presently or otherwise it is voide A deuise made in fee simple without expresse wordes of heires is good in fee simple But if a deuise be to I. N. hée shall haue the land but for terme of life for those words wil cary noe gerater estate If one wil y â— his sonne I. shal haue his land after the death of his wife here the wife of the deuisour shal haue the lande first for terme of her life Soe likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shal haue the house where y â— goods are there the sonne shal not haue the house during the life of the wife for it doth appere y â— his inteÌ„t was that his wife should haue the house also for terme of her lyfe notwithstandiÌ„g it were not deuised to her by expresse words If a deuise be to I. N. and to y â— heires females of his body begotten after the deuisée hath issue a sonne and a daughter and dieth here y e daughter shal haue the land not the sonne yet he is the most worthy persoÌ„ and heire to his father but because the wyll of the dead is that the daughter should haue itlawe and conscience wil so also And herein the very hethens were precyse as appereth by these verses of Octauius Augustus whych Donatus reporteth he made after that Uirgil at hys death gaue commaundement that hys bookes shoulde bée burnt béecause they were vnperfite and yet some perswaded that they shoulde bée saued as in deede they very happely were to whom hée auÌ„swered thus But faith of lawes must nedes be kept and what last wil doth say what it doth coÌ„mauÌ„d be done y â— néedes we must obey Discent DIscent is in ij sorts eyther linial or collateral Linial discent is wheÌ„ the discent is conueied in y â— same line of the whole bloode as Grandfather father sonne sonns soÌ„ne so downwarde Collateral discent is out in an other braunch from aboue of y â— who le bloode as the graund fathers bro. fathers brother soe downewarde Disclaimer DIsclaimer is where the Lorde dystraineth his tenaunt and hée sueth a repleuin the lord auoweth the takinge by reason that he holdeth of him if the tenaunt say that hée dysclaimeth to holde of him this is called a dysclaimer and if y â— lorde thereuppon bringe a writ of right sur dysclaimer it be founde against the tenant he shal lose the land Tithes TIthes are in thrée sortes deuyded to wit Preiudicial tithes Parsonal tythes and Mixt tithes Predial tithes are tithes that bée payed of thinges that come of the grouÌ„d onely as Corne Haye fruits of Trées such like Parsonal tythes are tithes that bee payed of such profits as come by the labour and industrie of a mans person as by buyinge sellinge gaines of marchandise and of handicraftes men laborers and such as woorke for hyer as Carpenters Masons and such like Myxt tythes are the tithes of Calues Lambs Pigges and such lyke that encrease partlye of the grounde that they be fedde vppon and partlie Disseisin vppon disseisin DIsseisin vppon disseysin is when the disseisor is disseised by an other Disseisor and disseisee DIsseysoure â–ª is hée which putteth anye manne out of his lande without order of y â— lawe disseisee is hée that is so put out Distresse DIstresse is the thinge which is taken dystrayned vpon any lande for rent beehinde or other duty or for hurt don although that the propertie of the thinge béelongeth to a straunger but if they be beasts that belong to a stranger it behoueth that they bée leuant and couchant vppon the same ground y â— is to say that the beasts haue ben vpon y â— ground by certaine space y â— they haue themselfe well rested there or els they bée not distrainable And if one distraine for rent or other thynge without cause lawfull then the party gréeued shall haue a repleuin vppon suertie found to pursue his accion and shal haue y â— distresse to hym deliuered againe But there bée diuers thinges which bée not distrainable y â— is to say an other mans gowne in the house of a tayler or cloth in the house of a fuller sheremaÌ„ or weyuer for that that they be commen artificers and that the coÌ„mon presuÌ„ption is that such thinges belong not to the artificer but to other persons which put them there to be wrought Also vitaile is not distrainable nor corne in sheues but if they be in a carte for that that a distresse ought to bée alway of such thynges wherof the sherife may make Repleuin and deliuer againe in as good case as it was at the time of the taking A manne may dystrayne for homage fealtie and escuage other seruyces for fynes and amercements which bée assessed in a léete but not in a court baron and also for dammage fesaunt that is to say when hée findeth the beastes or goods of an other doing hurt or cumbringe hys grouÌ„d But a man may not distraine for any reÌ„t or thing due for any laÌ„d but vpon the same lande y t is charged therewith but in case where I coÌ„e to distraine the other séeing my purpose chaseth the beastes or bereth the thing out to the intent y â— I shal not take it for a distresse vpon the ground theÌ„ I
lawe because that in the eye and consideration of the lawe hée is demed to be in possession for asmuch as hée is tenant to euery mans action that will sue concerning y e same lands or tenementes Preamble PReamble taketh hys name of the preposition Pre before and the verbe Ambulo to goe see ioyned together they make a compound verbe of the first coniugatyon Preambulo to go before and hâ—â—â—of the first part or beeginning of an act is called y â— preamble of the act which preamble is a key to open the minds of the makers of the act and y e mischiefes that they in tende to remedy by the same as for example the statute made at West â–ª minster the first the 37. chapter which giueth an attaint the preamble of which is thus For as much as certain people of y e realme dout very little to giue false verdictes or othes which they ought not to do wherby many people are disherited and lose their right it is prouided c. Prescription PRescription is when one hath had or vsed any thinge sith the time whereof no minde is to to the contrary Presentment PResentment is when a manne which hath ryght to géeue a benefice spiritual nameth the personne to whome hée will geue it and maketh a writing to the Bishop for him that is a presentation or presentmeÌ„t Pretensedright or Title PRetensed right or title is where one is in possession of landes or tenements and an other who is out of possession claimeth it or sueth for it Nowe the pretensed right or title is said in him who soe doth sue or clayme And if he afterward come to y e possessioÌ„ of the same laÌ„ds or tenements his right or title is extinâ—t or suspendedin the lande Priuie or priuite and Pris uies PRiuie or priuite is where a lease is made to hold at wil for yeres for life or a feoffement in fée and in diuers other cases nowe béecause of this that hath passed betwéene these partyes they are called priuies in respect of straungers betwéene whom noe such dealinges or conueyances hath ben Also if there be Lorde and tenaunt and the tenaunt holdeth of y e lorde by certein seruice there is a priuitie betwene theÌ„ because of the tenure and if the tenaunt be disseysed by a straunger there is no priuitie béetwéene the dissâ—â—our and y â— lord but the priuitie styll remaineth béetwéene the Lord and the tenant thâ—t is disseysed and the Lord shall auowe vpon him for that he is his tenant in right and in the iudgment of the lawe Priuies are in diuers sortes as namely priuies in estate priuies in déede priuies in lawe priuies in right and priuies in bloode Priuies in estate is where a lease is made of the manner of dale to A. for lyfe the remâ—ynder to B. in see there both A. and B. are priuies in estate for their estates were both made at one time And soe is it in the first case heare where a lease is made at wil for life or yeres or a feoffement in fée y â— lessées or feoffées are called priuies in estate so are their heires c. Priuyes in déede is where a lease is made for lyfe and afterwarde by an other déede the reuersion is graunted to a straunger in fée thys grauntee of the reuersion is called pryuie in déede béecause that hée hathe the reuersyon by deede Priuie in lawâ—is where there is Lorde and tenaunt the tenaunt lesseth the tenauncye for lyfe and dyeth without heire and the reuersion escheates to the lord hée is said priuie in lawe béecause that hée hath his estate onely by she lawe that is to saye by escheat Priuie in ryght is where one possessed of a terme for yeres graunts his estate to an other vppon coÌ„dition maketh his executours and dieth nowe these executors are priuies in right for if the condityon bee broken and they enter into the lande they shall haue it in the right of their testatour and to his vse priuie of blade is the heire of y â— feoffour or donor c. Alsoe if a fine be leuied the heires of him y t leuied the fine are called priuies Priuiledges PRiuiledges are lyberties and Fraunchises graunted to an offyce place Towne or manner by the Quéenes great Charter letters patentes or act of parliament As Tolle sake Socke Infangtheefe vtfangethéefe turne tolle oredelfe and diuers such like for which looke in their proper titles and places Next frende NExt frend and warden in Socage is all one and is where a maÌ„ seysed of landes holden in Socage dieth hys issue within age of 14. yeares then the next frind or next of kinne to whom the lands cannot come or discende shall haue the keepinge of the heire and of the land to the only vse of the heire vntil he come to the age of 14. yeares and then at that yeares hée may enter and put him out and bringe hym to accompt but in that accompt hée shalbée allowed for all reasonable costes and expences beestowed either vppon the heire or his land And the next frind or next of kynne to whom the inheritaunce cannot discend is thus to be vnderstoode if the landes discend to the heire from his father or any of the kyn of his fathers side theÌ„ the mother or other of the mothers side are called the next of kynne to whom the inheritaÌ„ce cannot dyscende for beefore that it shal so dyscende it shall rather escheat to the Lorde of whom it is holden and so it is to be vnderstoode where the landes come to the heire from hys mother or any of y e kyn of his mothers side TheÌ„ the father or other of the fathers side are called the next of kin to whom the inheritaunce cannot discende but shal rather escheat to the Lorde of whom it is holden Protestation Protestation is a sauinge to the partie that so pleadeth by protestation to bée concluded by any matter alledged or obiected agaiÌ„st him vpoÌ„ which he caÌ„not ioin issu And is no other thing but an exclusion of the conclusion for hée that taketh the protestation excludes the other party to conclude hym And thys protestatyon ought to stand with the sequele of the plea and not to bée repugnant or otherwise contrary Purchase PUrchase is the possess that a manne hath in landes or tenements by his owne act meanes or agréement and not by title of â—iscent from any of his auncestours Quarentine QUarentine is where a man dieth seysed of a maner place and other lands whereof his wyfe ought to bée endowed then the woman shall hold the manner place xl dayes within which time her dower shalbée assigned But if shée marie w tin the 40. daies shée shall loose her quarentine Fifteene FIftéene is a payment graunted in parliameÌ„t to the Quéene by the Temporaltie namely the 15. part of their goods And was vsed in auncient tyme to bée leuied vppon their Cattayle goynge in their groundes which thynge was
curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a soÌ„ne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this laÌ„d for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y â— person of him of whom he holdeth And for that this tenaÌ„t may not alieÌ„ iÌ„ fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel iÌ„ effect for no action is mayntenable against y â— termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y â— if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y â— lessee to haue more loÌ„g time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the saÌ„e estate in the lands that the lessour did him graunt at y â— â—eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womaÌ„ shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y â— day assigned then y â— woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimeÌ„t y â— donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y â— yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward coÌ„trary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in auncieÌ„t tenure is that where the people in auncieÌ„t demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge theÌ„ wheÌ„ their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y â— base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is coÌ„teined in the feffemeÌ„t and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the coÌ„mon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The
these accions there bee an infintts number but one for example is when anie of the Jurye that are impanelled and sworne to passe betwéene party and partye indifferentlye do take any thing of the one side or other or of both parties to say their verdicts at that side Then any man that will within the yeare nexte followynge the offence made maye sue a writte called Decies tantum agaynst hym or them that so did take to geeue their verdicte and because that this accyon is not géeuen one man speciallye but generally to the Queenes people that wyll sue it is called an accyon populer Actions Reals ACtions Reals bée such actyons whereby the demaundaunt claymethe tytle to any landes ortenementes rentes or coÌ„mon in fée simple fée taile or for terme of life Accorde ACcordeis an agréement betwéene ij at the least eyther to satysfie an offence that the one hath made to the other Or else it is a contracte wyth dyuers articles to bée done some on the one part and some on the other where there shalbée one thinge for an other c. The first is when a man hath done a trespas or such like vnto an other for which hee hath agréed with him satysfyed and contented him with some recompence alredie executed and done in déede And béecause that this recoÌ„pence is a full satisfactyon for the offence it shalbée a good barre in y e lawe if the other shoulde sue agayne any actyon for the same trespas The other is when as I. S. letteth a chamber for yeares to H. G. and it is farder agréed béetwéene them that the sayde H. G. shalbée at Boorde with the sayde I. S. and shal for the same chamber and Boorde paie to the sayde I. S. a certen some c. this is a contract and accorde with articles on both sides ¶ Acquital ACquital is where there is lord mesne tenant the tenant holdeth of the mesne certein lands or tenemeÌ„ts in fraÌ„kalmoigne frankemariage or such lyke and the mesne holdeth ouer also of the Lord paramount or aboue him Nowe ought the mesne to acquite or discharge y â— tenant of al and euery maner of seruice y â— any other would haue or demaund of hym concerninge the same lands or tenementes for that the tenant must doe his seruice to the mesne onely not to diuers lords for oÌ„e tenement or parcell of lande The saÌ„e lawe is wherthere is lord mesne tenant as aforesayd and the mesne graunted to the tenaÌ„t vpon the tenure made betwene theÌ„ to acquite and dyscharge him of al rentes seruyces and such like This dyscharge is called acquitall Acquitance ACquitaunce is a discharge in writinge of a summe of money or other duetie which ought to be payde or don As if one be bound to pay money vpon an obligation or rent reserued vppon a lease or such like and the party to whom the money or duety should bée payed or don vppon the resceit thereof or vpon other agreement betwene them had maketh a writing or bill of his hand in discharge thereof witnessing that he is payed or otherwise conteÌ„ted and therefore doth acquite discharge him of y e same which acquitance is such a discharge and barre in the lawe that hée cannot demauÌ„d recouer that suÌ„me or duety againe coÌ„trary thereunto if he can shew the acquitance Additions ADdition is that that is geuen vnto a man but chiefely to the defendant in accions where proces of outlawrie doe lie as in det and such like ouer and besides his proper name and sirname that is to say to show of what estate or degree or mistery hee is and of what Towne or Hamlet or Countie Additions of Estate ar these yeoman Gentleman Esquire such like Additions of degree are those that wee call names of dignitie as Knight Earle Marques and Duke Additions of mistery are such Scriuener Printer Mason Carpenter Tayler Smith so al other of like nature for mistery is the craft or occupatioÌ„ wherby a man getteth hys liuinge Addicions of townes as Sale Dale and such and so of the rest And where a maÌ„ hath houshold in ii places hee shal be said dwelliÌ„g iÌ„ both of them so y t his addicion in one of theÌ„ doth suffise And this was ordayned by a statute made in the first yeare of H. 5. cap. 5. to the intent that one man should not bée gréeued nor troubled by the vtlary of an other but that by reason of the certein addicion euery man might bée certeinly knowne and beare his owne burden Adiournement ADiournement is wheÌ„ any court is dissolued and determined and assigned to be kept againe at an other place or time Administratour ADministratour is he to whoÌ„ the ordinary coÌ„mitteth thadministration of y â— goods of a dead man for defaut of an executour an accioÌ„ shal lie against him and for him as for an executour he shal be charged to the value of the goods of y â— dead man no further if it bée not by his own false plée or for that that hee hath wasted the goodes of the dead but if thadministratour die his executours be not Administrators but it behoueth the Ordinary to commit a newe administration but if a strauÌ„ger that is not administratour nor executoure take the goodes of the dead and minister of his owne wrong hée shal be charged â—ued as an executour not as administratour in any accioÌ„ that is brought against hym by any creditour But if y t ordinary make a letter ad colligeÌ„duÌ„ bona defuÌ„cti he that hath such a letter is not Administratour but the accion lieth against the Ordinary as wel as if he toke y t goods to his owne hande or by the hande of any of hys seruauntes by any other commaundement Actes ACtes of parliament are positiue lawes which consyst of two partes that is to say of y â— words of y â— act and of the sense thereof they both ioined together make the lawe Admiral ADmirall is an officer vnder the Quéene that hath aucthoritie vpon the sea onely to sée the nauie repaired mainteined to suppresse and chasé away robbers and rouers and to deale in matters betwene party and party concerninge thinges done there and for that purpose hath hys court called the Admirally yet he may cause his Citation to be serued vpon the land and take the parties body or goodes in execution vpon the land Also he hath cognisaÌ„ce of the death or mayhem of a maÌ„ coÌ„mitted i any great ship fléetinge in great riuers in the land benethe the bridges of the same next the sea also to arrest ships in y â— great streames for y â— viages of y â— Quéene Realme hath iurisdiccioÌ„ in y â— said streames during the same viages Aduowson ADuowson is where a man and his heires haue right to preseÌ„t their Clerke to the ordinarie to a personage or other spiritual benefice when it becoÌ„meth boide And hée that hath such
alien being none of y â— Queenes enemies but am alien frend come dwel here in England and haue issue this issue is no alien but English so if an English man go ouer the Seas with the Quéenes licence there hath issue this issue is noe Alien Alienation ALienatioÌ„ is as much to say as to make a thing an other mans to alter or put the possession of land or other thing froÌ„ one man to an other Ambidexter AMbidexter is he that when a matter is in suite betwéene men taketh money of y â— one side of the other either to la bour the suit or such like or if he be of the iury to say his verdict Amendment AMendment is when errour is in the processe the Justices may a mend it after iudgment But if there be errour iâ— geuing of iudgment they may not amend it but y â— partie is put to his writ of error And in many cases where the defaut appereth in the clarke y â— writeth the Record it shal be amended but such things as come by Information of the partie as the towne mistery â–ª and such like shal not bée amended for he must informe true vpoÌ„ his peril Amercement AMercement most properly is that in a court Baron Leete or Law-day which in a court of Record before Justices is called a fine And is a penalty assessed by the homage for an offence doneagaist y â— same court as for lake of suit of court or for not amendinge of some thinge that he was appointed to redresse by a certeyne tyme at the last court day béefore or for such like cause Amercement Royal. AMercement Royal is when a sherife coroner or other such officer of y â— Quéene is amerced by the Justices for his abuse in the office An iour et wast AN iour et wast is a forfaiture wheÌ„ a maÌ„ hath coÌ„mitted petit Treason or felony hath landes which he holdeth of some comon person which shal be seised for the Quéene remaine in her handes by the space of one yere a day next after y â— attainder then the trées shal be digged vp the houses shal bee rased and pulled downe the pastures medows eared plowed vp a thinge the more to gréeue the offendors and terrefy others to fal into the like in shewing how the lawe doth detest their offence so farre foorth as that it doth execute iudgment punishment euen vpon their dome dead thinges Annuitie ANnuitie is a certeine suÌ„me of money graunted to an other in fee simple fâ—e taile for terme of life or for terme of yeres to receiue of the grauÌ„tor or his heires so that noe fréehold is charged therewith Appell APpell is where one hathdon murder robery or felonye then the wife of him that is slaine shal haue an accion of appeale against the murderer but if he haue noe wife then his next heire male shall haue the appeale at any time within the yere and day after y e déede And also he that is so robbed shall haue hys appeale with in y e same time And if the defeÌ„dant be acquited he shall recouer dammages agaynst the appellour thabettours and they shal haue thenprisonmeÌ„t of a yere shal make fine to y e kiÌ„g An appeale of mayhem is in maner but an accioÌ„ of trespas for he shal recouer but damages Appellant APpellant is y e plaintife in the appel Appellor APpellor or approuer is he who hath committed soÌ„e felony which he confesseth and nowe appelleth or approueth that is to say accuseth other that were coadintours or helpers w e him in doing the same or other felonies which thiÌ„g he wil approue therefore is called iÌ„ latin Probator Appendant et AppurtenaÌ„t APpendaÌ„t et appurtenÌ„t are things y e by time of prescripcioÌ„ haue beloÌ„ged pertained and are ioyned to an other principal thiÌ„g with which they passe goe as accessary to the same principal thing by vertue of these wordes Pertinencijs As laÌ„d aduowsoÌ„s ComoÌ„s Piscaries waies courts and diuers such like to a maner house office or such other Apportionment APporcionment is a deuiding into partes of a rent which is deuidable and not entier or whole and for so much as the thinge for which or of which it was to be paied is seperated and deuided the rent also shal be deuided hauing respect to the partes As if a man haue a rent seruice issuing out of lands and hâ—e purchaseth parcel of the land the rent shal be apporcioned according to the value of the land So if a man holde his lande of an other by Homage Fealtie Escuage and certeine rent if the Lorde of whome the lande is holden purchase parcel of the lande the rente shalbée apporcioned Also if a man let lands and goodes for yeares reseruinge rent and after a straÌ„ger recouereth the lande then the rent shalbée apportioned because the goodes are not recouered but remayne And soe it is if but part of the lande bée recouered the rent shalbée apportioned that is to say deuided and the lessée shal pay hauinge respect to y t which is recouered and to that which yet remaynes in hys handes accordinge to the value But a rent charge câ—not bee apportioned nor thinges that are entier as if one holde landes by seruice to paye to his Lorde yearelie at such a feaste a Horse a Hauke a Rose a Cherie or such lyke There if the Lorde purchase parcell of the lande that seruyce is gone altogether béecause a Horse a Hauke a Rose a Cherye and such other cannot bée deuided seuered nor apporcioned without hurt to the hole Appropriations APpropriatyons were when those houses of the Roomishe religion and those religious persons as Abbots Priours and such like had y â— aduowson of any personage to theÌ„ and to their successours and obtayned lycence of their holy father the Pope that they them selues and their successoures from thence foorth shoulde bée personnes there and serue the cure And so at the beginninge appropriations were made onely to those personnes spiritual that coulde minister the sacramentes and saye deuine seruice as Abbotes Pâ—â—oures Deanes such like after by lytle and litle they were enlarged and made to other as namelye to a Deane and Chapter which is a body corporate consisting of manye which bodye together coulde not say deuine seruice and what more was to Nunnes that were Prioresses of some Nunry which was a wicked thinge in soe much as they coulde neyther minister sacrameÌ„ts nor preach nor saye deuine seruice to y â— parishioners And al this was vppon pretence of hospitalitye and mayntenaunce thereof And to supply these defects a vicar was deuised whoe should be deputy to y e prioresse or to the Deane and chapter and also at the last to the sayed Abbots and others to say deuine seruice and should haue for his labor but a litle portion and they to whome the appropryation was made should retayne the great reuenues and they
thereto Defendant DEfendant is he that is sued in an actyon personal he is called tenant in an action real Demaines DEmaines or demesnes is the lords chiefe maner place which hée his auncestours haue from time out of mind kepte in their owne hands and haue occupied same together wyth al buldinges and houses whatsoeuer also y e meadowes pastures woods errable lande and such like béelonginge thereunto Demaundant DEmaundaunt is hée that suethe or complayneth in an actyon reall for title of lande and hée is called playntife in an assise in an action personall as in an action of dette trespas disceit detinue and such other Halfe blodde HAlfe blodde is when a man marieth a wife and hath issue by her a sonne and shée dyeth and then hée taketh an other womanne and hath by her also a sonne Nowe these two sonnes are after a sorte Brothers or as they are termed halfe Brothers or Brothers of the halfe blodde that is to say brothers by the Fathers syde béecause they had both one father and are both of his bloud and not brothers at all by the mothers syde nor of blodde ne kinne that waye and therefore the one of them cannot bée heire to other for he that wyll clayme as heire to one by dyscent must be of y e whole blode to him from whome hée claimeth Demurrer DEmurrer is when anie action is brought and the defendaunt pleadeth a plée to which the pleintife saith that he wil not aunswere for that y ◠it is not a sufficient ple in the lawe and the defendaunt saith to the cōtrary that it is a sufficyent plee this doubt of the lawe is called a demurrer Denizen DEnizen is where an alien becommeth the Quéenes subiect and obteyneth her letters patentes to enioye al priuiledges as an englishmā But yet not with standinge he shall paye customes and diuers other things as aliens doe c. Deodande DEodande is when any man by misfortune is slaine by an hors or by a cart or by anie other thinge that moueth thē this thing that is cause of his death and which at the tyme of the mysfortune mooued shalbée forfayte to the Queene and that is called deodande and that perteineth to y ◠Quéenes Almener for to dispose in almes in dedes of charitie Departure from a plee or matter DEparture frō his plea or matter is where a manne pledeth a plee in barre the plaintife replieth thereto and he after in his reioinder pleadeth or sheweth an other matter contrary to his first plée y t is called a de parter frō his barre c. Departure in dispite of the court DEparture in dispite of the court is when the tenant or defendant appereth to the actyon brought against him hath a day ouer in y t sāe terme or is called after without day in the same terme and doth not appere but makes defant this is a departure in dispite of the court therefore he shal be condempned Deputie DEputie is he y e occupieth in an other mans right whether it bee office or any other thig els and his forf ▪ or misdemener shal cause the officer or him whose deputie he is to lose his office or thinge But a man can not make his deputie in al cases except the grant so bée as if it bée w t these or such like woordes to exercise or vse by himself or his sufficient deputie or if y e words go furder by himselfe or his deputy or the deputy of hys deputy then hée may make a deputy and his deputy also may make a deputy els not Deuastauerunt DEuastauerunt bona testatoris is when Executours wil deliuer the legacies that their testator hath gyuen or make restytutyon for wronges don by him or pay his debts due vppon contractes or other dets vpon specialtyes whose dayes of payments are not yet come c. And kepe not sufficiēt in their hands to discharge those debts vppon specialties that they are compellable presently by the law to satisfie Then they shal bee constrayned to pay of their owne goods those duetyes which at the first by the law they were compelled to pay accordinge to the value of that that they deliuered or payed wythout compulsion For such paymentes of debts or deliuery of legacies as is aforesayde béefore debtes payed vpon specialtyes whose dayes of payment are already come are accompted in the lawe a wastynge of the goodes of the testator as much as if they had gyuen them away wythout cause or sold them and conuerted them to their owne vse Deuise DEuyse is where a man in his testamēt géeueth or béequeaueth his goodes or hys landes to an other after his decease And where such deuise is made of goodes if the executours will not deliuer the goodes to the deuisée the deuisée hath no remedy by the common lawe but it behoueth him to haue a cytation against y ◠executors of the testator to appere before the Ordinary to shewe why hée perfourmeth not the wil of the testatour for the deuisee may not take the legacy and serue himself but it must be deliuered to him by the executours And here to the end to shewe you Brother Nicholas howe much the lawes of thys Realme and the wise dyscréete Judges of y e same who are the interpreters of the lawe doe fauour willes and testaments and so deuises in yelding to them such a reasonable construction as they thinke myght best agrée with the mindes of the dead consideringe that willes testaments are for the most part and by cōmō intendment made whē the testator is nowe very sicke weake past al hope of recouery for it is a receiued opinion in y e countrey amonge most y t if a man should chaūce to be so wise as to make his wil in his good helth when he is stronge of good memory hath tyme and leysure and might aske counsel if any doubt were of the lerned that then hée should not liue longe after and therfore they deferre it to such tyme when as it were more conueniēt to apply them selues to the disposition of their soules then of their landes or goodes except it were that by the fresh memory and recitall of them at that tyme it myght bée a cause to put them in mind of some of their goodes or landes falsely gotten andso moue them to restitutyon c. And at that tyme the penning of such willes are commonly committed to the minister of the parish or to some other more ignoraunt then hée if y ◠may be whoe knoweth not what woordes are necessarie to make an estate in fée simple fée taile for terme of life or such like besides many other mischiefes I will therefore set you here downe some of those cases that are most common in ignoraunt mens mouthes and doe cary by the wise interpretatiōs of y e Judges as is aforesaid a larger and more fauorable sense in wills thē in déedes first therfore if one deuise to
sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y â— is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y â— Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutioÌ„ is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and wheÌ„ y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whoÌ„ the testator was in debt shall haue an action against the executor if hée haue an obligatioÌ„ or specialtie but in euery case where y â— testator might wage his lawe no actioÌ„ lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and conscieÌ„ce to purchase mony as well by extortion as otherwise according to y â— saying of y e poet Uirgil What can be told or what is that that huÌ„ger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demauÌ„deth iudgmeÌ„t of the court if he shall agayne haue this actioÌ„ c. And y â— plaintife sayth there is â—oâ— such record WhereupoÌ„ y â— defendant hath a day giueÌ„ him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action theÌ„ he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y â— déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indeÌ„ted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée graÌ„tee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y â— parties names to the déed
vntyll at the last and that chiefely in the time of Kinge Henry the first by agréement the reseruation of victuals was turned into redy mony so hitherto hath coÌ„tinued amonge most men Fee farme FEe farme is when a tenaunt holdeth of his lorde in fee simple payinge to him the value of halfe or of the third or of the fowerth part or of other part of the lande by the yere And he that holdeth by fée ferme ought to doe noe other thinge then is conteyned in the feoffement but onely fealtie for that belongeth to al kinde of tenures Feoffement FEoffement is where a maÌ„ geueth lands to an other in fee simple and deliuereth seiuÌ„n and possession orthe land that is a feffement Feoffor et feffee FEoffor is hée that infeffeth or maketh a feoffement to an other of landes or tenements in fée simple And feoffee is he who is infeffed or to whoÌ„ y â— feffement is so made Fireboote FIreboote is necessarye woode to burne which by the common lawe lessâ—e for yeares or for lyfe may take in hys grounde although it be not expressed in his leaseâ— and although it be a leas by woorde onely without writinge But yâ— sake more then is néedefull he shalbée punished in wast Fledwite FLedwite that is to be quite from amercements when an outlawed fugitiue coÌ„meth to the kinges peace of hys owne will or beinge licenced Flemeswite FLemeswit that is y â— you may haue the cattel or amercementes of your man or fugitiue Fletwie Fletwit or Flitwit that is to bée quit froÌ„ contention and conuiets and that you may haue plea therof in your court the amercements for Flit in english is Tensone in french Forstal FOrstal that is to bée quite of amercemeÌ„ts cattelles arrested w tin your lande the amercements therof coÌ„ming Forstaller FOrstaller is hée that buieth Corne Cattel or other marchaundize whatsoeuer is salable by the way as it commeth to markets faires or such like places to bée sold to the intent that he may sel the same againe at a more high and déere price in preiudice hurt of the common welth people c. The paine for such as are conuict thereof c. is the first time amercemeÌ„t and losse of y e thing so bought the secoÌ„d time iudgment of the pillory The third tyme imprysonment and RauÌ„some The fowerth time abiuratioÌ„ of the towne c. Franches Royall FRanches Royall is wher y e Quéene graÌ„ts to one and to his heires that they shal be quit of Tolle or such like Free mariage FRée mariage is when a man seised of landes in fee simple giueth it to an other man to hys wife whoe is daughter Sister or otherwyse of kinne to y e donor in frée mariage by vertue of which words they haue an estate in special tayle and shal hold the land of the bonor quit of al maner of seruices vntill the fowerth degree bée past accomptynge themselues in the first degree except fealtie which they shal doe because it is incident to all tenures sauinge frée almes And such gift may bée made as wel after mariage solemnized as before And a man may gyue landes to his sonne in frée mariage as well as to hys daughter by the opinion of master Fitzh in hys writ of Champertie H. But it appeareth otherwise in master Litt ' and in M. Brooke ti FraÌ„kmariage P. 10. And so it was holden cléere in Graies Inne in leÌ„t An â–ª 1576. 18. El. by y e right worshipful master Rhodes then Reader there Freeholde FRéehold is an estate y t a man hath in landes or tenements or profit to bée taken in fée simple taile for terme of hys owne life or for terme of an others life And vnder that there is no frée hold for hée that hath estate for yeares or holdeth at wil hath no frée hold but they are called Chattels And of fréeholds there are ii sorts that is to say fréeholde in deede fréehold in lawe Fréehold in déede is wheÌ„ a man hath entred into lands or tenemeÌ„tes and is seysed therof really actually in déede as if the father seysed of lands or tenementes in fée simple dieth and his sonne entreth into the same as heire to his father then he hath a fréehold in déed by his entry Fréehold in lawe is wheÌ„ lands or tenemeÌ„ts are disceÌ„ded to a maÌ„ he may enter into them when he will but hath not yet made his entry in deede as in the case aforesayd if the father being seysed of lands in fée simple die seysed they disceÌ„d to his sonne but y e sonne hath not yet entred into them in déede nowe before his entrie he hath a frehold in law Freshsuit FReshsuit is wheÌ„ a maÌ„ is robbed the party so robbed followeth the felon immediatly taketh him with the manner or otherwise and then bringeth an appeale against him and doth coÌ„uince him of the felony by verdict whych thing being inquired of for the Quéene and found the party robbed shall haue restitution of his goodes agame Also it may be sayd y â— the party made freshsute although he take not the theese presently but that it be halfe a yeare or a yeare after the robbery don before he bee taken ifso bée that the partie robbed do what lyeth in him by diligent inquire search to take him yea although hée bée taken by some other body yet this shalbée sayde good freshsuit And so freshsuit is wheÌ„ the lord coÌ„meth to dystreine for rent or seruice the owner of y â— beastes doth make rescous and driueth them into other ground that is not holden of the Lord and the lord followeth presently and taketh them thys called fresh suit and so in other like cases Gager of deliuerance GAger of deliueraunce is where one sueth a repleuin of goods taken but hée hath not deliuery of the goodes and the other auoweth and the plaintife sheweth y â— the def is yet seysed c. and prayeth that the def shal gage the deliueraunce then he shal put in suerty or pledges for the deliuerance a writ shal go foorth to the sherife for to redeliuer the goods c. but if a man claime propertie hée shal not gage the deliuerance Also if he say that the beasts bée dead in the pound hée shall not gage c. Also a man shal neuer gage the deliueraunce before that they be at issue or demurrer in the lawe Warde WArde is when an infant whose auncester helde by knights seruice is in the warde or keepinge of the Lorde of whom those lands were holden And if the tenaunt holde of dyurrs Lordes diuers landes the lorde of whome the land is holden by prioritie that is to saye by the more elder tenure shall haue the wardshippe of the infant but if one tenure bée as olde as the other then hée that first happeth to haue y â— warde of the bodie shall kéepe it but in that case euery lord shal
fower sonnes and dieth and after the lessée for lyfe dyeth nowe the eldest sonne onely of I. Stile shall haue thys land for hée is right heire and that is a good name of purchase 37. H. 8. in master Brooke ti Done et Remaynder 42. But if the landes had byn gyuen to John Stile for lyfe the remaynder to hys next heire male thys had byn an estate taile in John Stile him selfe and then the lande should haue discended to al his sonnes in so much as in that case y e wordes next heire male be not a name of purchase Howbeit it was greatly doubted 3. 4. Phil. et Mariae as Justice Dalison reporteth if a remainder bée deuised by testament to the next heire male whether in that case the eldest brother onely shal haue it in so much as in the vnderstandinge of the lawe whych is a iudge ouer al customes he is the next heire male and therefore inquire of it As touching vouchers it appeareth 11. E. 3. that al the heires in Gauelkynd shal be vouched for the warraunty of their Auncester and not the eldest onely But the opinion of Master Littleton li. 3. cap. 13. and of the Iustices 22. E. 4. is clere y t the eldeâ—â— sonne onely shal be rebutted or barred by the warranty of the auncestour to be short the eldest sonne onely shal enter for the breache of a condition But the rest of the brethren shalbée ioyned with hym in suinge a writte of Attaynt to refourme a false verdict or Errour to reuerse an erronious iugement And they al shal be charged for the debt of their auncestour if so be y t they al haue assets in their handes But if the eldest onely haue assets remayninge and the residue haue aliened their partes then he onlye shal be charged after the mind of the booke 11. E. 3. c. And thus much for this part shal suffice Nowe a woorde or ij of other thinges confusely yet apertaininge to this matter notwythdinge not soe necessarie for your purpose to bée knowen as those aforesayde It appereth in a written report at large of 16. Edwardi 2. which is also partlye abridged by master Fitzherbert titulo Prescription that it was tryed by verdicte that noe manne ought to haue common in Landes of Gauelkinde howbeit the contrarye is well knowen at this day that in many places y e same booke saith y t the vsage of Gauelkinde is that a man may lawfullye inchase or driue out into the high waye to their aduenture the beastes of any other personne that hée shall fynde doynge dammage in his lande and y t he is not compellable to impounde them which thing is practised at this day The parlyament 15. Henrici sexti cap 3. mindinge to amplifye the priuiledges of Gauelkynde graunted to the tenauntes of that lande exemption in Attaints in such sort as the inhabitaunts of auncyent demeane and of the fiue portes before had But within thrée yeares after vppon complaynt of some of the Countrey which enfourmed the Parlyament house that there was not in the whole Shire thirtye or fortye personnes that holde to the value of xx pounde lande out of Gauelkinde who in default of others and by reason of that exemption were continuallye molested by returnes in Attaintes that act was vtterly repealed The statute 14. H. 8. cap. 6. gyueth libertye to euery manne hauing highwaie through hys lande in the welde that is worne déepe and incommodious for passage to lay out another waye in ome such other place of hys lande as shalbée thought méete by the vyewe of two Justyces of the peace and twelue other men of wysdome and discretion The general law made 35. H. 8. 17. for the preseruation of Copeises woodes thorough out the Realme maketh plaine exception of all woodes within this wealde vnlesse it be of such as bée common c. And here an ende of thys matter sauinge that I wil make master Litteltons annswere to such as happelye wil demaunde what reason thys custome of gauelkinde discent hath thus to deuyde lande a monge al the males coÌ„trary to the manner of the whole Realme béesides The yonger sonns sayth he be as good gen telmen as the elder and they beinge a like déere to their common auncestour from whom they claime haue so much the more néede of their freÌ„ds helpe as thorowe their minority they be lesse able then the elder Brother to helpe theÌ„selues c. Gelde GElde that is to bee quite of seruile customes which were woÌ„t to be geeuen and are yet giuen as hornegelde and such like Grithbrech GRithbrech that is the kinges peace broken because Grith in English is pax in latin Hangwite HAngwite that is to be quite of a théefe or relon haÌ„ged without iugement or escaped out of your custody Hariot HAriot is in ii sortes the one hariot Custome the other haryot seruice Hariot seruice some fay is alwaies expressed in a mans graunt or déede that hée holdeth by such seruyce to pay hariot at the time of his death and thys hariot is payable after y e death of the tenaunt in fée simsimple Hariot Custome is where hariotes haue byn payed tyme out of mynde by custome And thys may bée after the death of tenant for lyfe c. But to speake therof generally Hariot is the best beast whether it be horse Oxe or Cowe that the tenaunt had at the tyme of his death And may bée either seysed or a distresse taken for it whether it be hariot seruyce or hariot custome to the Lordes vse of whom the tenaunt held by hys Bailife or other officer béelonginge to hys manour But of right the Lord nor hys officer should not take hariot before it bée presented at the next court holden that the tenant is dead and that such a beast is due to the Lord for his hariot Haybote or Hedgebote HAybote or hedgebote is necessarie stuffe to make and mend hedges which lessée for yeares or for lyfe of common right may take vpon the ground to him leased although it bée not expressed in his lease and although it bée a lease by woordes without wrytinge Haybote also may bée takeÌ„ for necessary stuffe to make Rakes forkes and such like instrumeÌ„ts wherewith men vse in sommer to tedde make hay and so a lessée for yeares tooke it it was allowed him by hys lessor the rather as I suppose for that such instruments are commonly made of slender vnder wood which by the common lawe lessee for yeres may cut and take as is aforesaid Hidage HIdage that is to bée quit if the king shal taxe al the land by hides Note that a hyde of land is a whole ploweland And this kynde of taxinge by hides was much vsed in old tyme as well for prouision of armour as paymentes of money that chefely in kinge Etheldredes daies a kinge in thys Countrey before y e conquest who in the yeare of Christ 1006. when as the Danes landed
great discretiō take the helpe and opinion of some skilful Surgeon to consider thereof before they determine vpon the case Mainprise MAinprise is when a mā is arrested by capi as then the Judges may deliuer his bodie to certeine menne for to keepe and to bringe him before them at a certaine daye and these be called mainpernours and if the partye appeare not at the daye assigned the mainpernoures shal be amerced Mannour MAnnour is a thinge compounde of diuers thinges as of a house lande arrable pasture meadowe woode rent auowson court baron and such like make a manor this ought to be by longe contynuaunce of time to the contrary◠whereof mans memory cannot tel for at this day a manor cānot be made because a court baron cānot nowe be made and a manour cannot be w tout a court baron suters or fréeholders two at the least for if all the fréeholdes except one escheate to the lord or if he purchase al except one there his manor is gone for that it cannot bée a mannor without a court Baron as is aforesaid and a court baron cannot bée holden but before suters not before one suter therfore where but one fréehold or fréeholder is there cannot bée a mannour Manumission MAnumission is in ii sortes the one is a manumission expressed the other a manumissiō implyed or secreat Manumission expressed is when the Lord maketh a déed to his villen to enfraunches hym by this word Manumittere which is as much to say as to let one goe out of an other mans hands or power The manner of manumittinge or infraunchising in old time most vsually was thus The Lorde in presence of hys neyghbours toke the bonde manne by the heade saying I wil that this manne be frée and therewyth shewed him forwarde out of hys handes and by this hée was frée without anye more a doe Manumissyon implyed wythout this woode Manumittere is when the lorde maketh an obligation to his villē to pay him money at a certein daye or suith him wher he might enter without sute or graunteth vnto his vyllen an annitie or lesseth lande to him by déede for yeres or for life in dyuers such like cases y e villen thereby is made frée Maximes MAximes be the foundations of the lawe the conclusions of reason and are causes efficient certein vniuersall propositions soe sure and perfect that they may not bée at any time impeached or impugned but ought alwaies to bée obserued and holden as strong principalles and aucthorities of thēselues although they cannot be proued by force of argument or demonstratiōs logicall but are knowen by enduction by y e way of sence memory As for example it is a maxime that if a man haue issue 2. sonnes by diuers women and the one of them purchase landes in fée and dieth wythout issue the other brother shall neuer be hys heyre c. Also it is an othermaxime that lāds shal discēd frō the father to y e sōne ▪ but not frō the sōne to y e father for that is an ascention c. diuers such like there be Maynour MAynour is when a théefe hath stolne and is followed with hue and cry and taken hauing y t founde about him which he stole that is called the maynour And so we cōmonly vse to saye when we finde one doing of an vnlawfull act that wée tooke him with the maynour or maner Misprision MIsprision is when on knoweth that an other hath committed treason or felony and will not discouer him to the Q. or to her councell or to any magistrat but doth conceale the same A chapleine had fixed an olde seale of a patent to a newe patent of non residence and this was holden to bée misprision of treason onely and noe counterfeiting of the Q. seale Also if a man knowe mony to be counterfet bringe the same out of Irelād hither into England and vtter it in payment this is but mysprision of treason and no treason soe it is in diuers such like cases And in al cases of misprision of treason y e partie offendor shall forfayt his goods for euer and y ◠profets of his landes for terme of his life and his body to prison at the Q. pleasure And for misprision of felonie or trespas y e offēdour shalbée committed to prison vntill hée haue founde suerties or pledges for his fine which shal be assessed by y e ducretion of y t Justices before whom he was conuict And note that in euerie treason or felonye is included misprision and where any hath cōmitted treason or felony the Q. may cause y e sāe to be indited and arramed but of misprision onely if she will Shewinge of deedes or Recordes SHewinge of déedes or Recordes is as if for example an actyon of dette be brought against one vppon an obligation or by Executors c. there after that the pleyntife hath declared he ought to shewe his obligatiō or y ◠executour the testamēt to the court and soe it is of Recordes And the diuersitye béetwene shewing of deeds or Recordes hering of déeds or records is thus he y ◠pleades the deede or record or declares vppon it to him it doth appertaine to shewe the same And the other agaynst whom such déede or record is pleaded or declared and is thereby to bée charged may demaunde hearing of the same déed or record which his aduersarie brigeth or pleadeth against him Mortgage or Morgage MOrtgage or Morgage is whē a mā maketh a feoffement to another on such condition that if the feoffour pay to the feoffée at a certaine day xl li. of money that then the feoffour may reenter c. In thys case the feffée is called tenaunt in morgage And as a mā may make a feoffement in fée in morgage so hée may make a gift in tayle or a lease for terme of life or for term of yeares in morgage And it seemeth that the cause why it is called morgage is for that it standeth in doubt whether the feoffor will pay the money at the day appointed or not and if hée fayle to pay then y ◠land which hée layed in gage vppon condition of paymēt of y e money is gone from him for euer so dead to him vpō cōditiō But if he pay y ◠money then is the gage dead as to y ◠tenāt y t is to say the feoffée for this cause it is called in latin mortuum vadium as master Littleton sayth or rather mortuum vas as I thinke Mortmaine MOrtmaine was whē lands were geuen to a house of religion or to a cōpany which be corporat by y e kings graūt then the land is cōe into mortmain that is to say in English a dead hand and the kynge or the lord of whō y e lād to holden may enter into thē Mulier MUlier is a word vsed in our lawe but howe aptly I cannot tell nor doe wel knowe howe
it should come in y ◠sence as wée there take it For accordinge to the proper significatiō mulier is a defiled woman like as it is vsed by vlpianus in a certen place after this sort if I thought that I had bought a virgin when it was a defiled woman the bargayne was not good Hereby you may sée y t multer is a woman that hath had y e company of a man But to leaue the right signification Mulier is taken in our law for one that is lawfully begotten and borne and is alwayes vsed in comparison with a bastarde onely to shewe a difference betwene thē as thus for example A man hath a sonne by a woman before mariage that issue is called a bastard and vnlawful And after they entermary and haue an other sonne this second sonne is called mulier that is to say lawfull and shalbée heire to hys father but that other cannot bée heire to any manne because it is not knowen nor certen in the iudgement of the lawe who was hys father and for that cause is sayd to bée no mannes sonne or y e sonne of the people and so wythout father according to this old verse To whom the people father is to him is father none and all To whom the people father is wel fatherlesse wée may him cal And alwaies you shal find this addition to thē bastard eldest mulier yongest when they bée compared together Murder MUrder is a wilful killinge of a man vppon malice forethought and seemeth to comeof the Saxon woord Mordren which so signifieth And Mordridus is the murderer euen vntil this day amonge them in Sexonie from whence wée haue most of our words as hath byn often said Negatiua preignans NEgatiua preignans is when an action or information or such like is brought against one and the defendant pleadeth in barre of the actyon or otherwyse a negatiue plea whych is not soe specyall an answere to the actyon but that it includeth also an affirmatiue As for example if hée in reuersion enter vppon tenant for life supposinge that hée hath aliened in fee which is a forfaiture of hys estate and the tenaunt for life saith that hée hath not aliened in fée this is a negatyue wherein is included an affirmatiue for although it bée true that he haue not aliened in fée yet it may bée that hée hath made an estate in tayle whych is also a forfayture and then the entry of hym in the reuersion is lawefull c. Also in a Quare impedit the Quéene makes tytle to present to a Prebende for that the Temporaltyes of the Bishoprick were in her hāds by the death of W. late Bishop c. The defendant saith that it was not voyd being the temporalties in the Quéens handes by the death of W. this is a negatiue preignans for it may bée in the Quéenes hāds otherwyse then by the death of W. and it suffiseth the Quéene if it bée in her handes by any meanes c. Soe it is where an Information was brought in the Cheker against John Stile for that he bought wooll beetwéene shering time and the Assumptyon such a yeare of John N. The defendaunt sayth that hée dyd not buy any of John N. as it is alledged c. this is called a negatiue preignans for if he bought it of any other yet hée is culpable for the buyinge Niefe NIefe is a womā that is bonde or a vyllen woman but if shée mary a frée manne shee is thereby made frée for euer although y t her husbande die and she suruiue hym because that shée and her husband are but one person in lawe and shée ought to bée of the same nature and condytion in law to al intents that her husband is But her husband is frée to all intentes without any condityon in lawe or otherwise and so by consequens the wife ought to bée and is frée according to y ◠nature of her frée husband then if she were once frée and clerely discharged of bōdage to al entents she cānot be niefe after w tout especial act done by her as diuorce or cōfessiō in court of Record and that is in fauour of liberty therefore a frée woman shal not be bounde by taking of a villē to her husband But their issue shal bée villens as their father was which is contrary to the Ciuile lawe for there it is said y ◠birth followeth the belly Bōdage or villenage had beginninge amonge y ◠Hebrewes his original proceding of Canaan y ◠sōne of Cham who because that hée had mocked his father Noe to scorne lying desolutly whē he was drunke was punished in his sonne Chanaan w t penalty of bondage Nihil dicit NIhil dicit is when an action is brought against a man the defēdant appéeres the plaintife declares the defendant wil not aunswere or pleades to the action doth not maintaine hys plea but makes defaut nowe vpon this defaut he shal be condemned because he saith nothing Nomination NOmination is where one may in right of his maner or otherwise nominate and appoint a worthy clarke or man to a personage vicarage or such like spiritual promotion Nonabilitie NOnabylitye is where an action is broughte against one and the defendaunt saieth that the playntife is not able to sue any action and demaundeth iudgement if hée shal bee aunswered There are vj. causes of nonability in the pleintife as if he bée an outlawe or an alien borne but that dysabilitye is in actiōs reales and mixt onely and not in actyons personalles except hee be an alien enemye or condempned in premunire or professed in religion that is to saye the Roomish religion or accursed or a villen and sueth hys Lorde but this last is noe ple for an other y ◠is not lord to the villen Bare or naked Contract BAre Contract or naked promise is where a manne bargaineth or selleth his lāds or goods or promiseth to geue to one money or a horse or to builde a house or doe such a thinge at such a daye and there is no recompence appoynted to him for the doinge therof As if one saye to an other I sel or geue to you al my landes or goodes and there is nothing appoynted assigned or agréed vppon what the other shal giue or pay for it so y t there is not one thinge for an other this is a naked contract and voyde in lawe for not perfourmaunce thereof noe action lyeth for of a naked cōtract commeth noe action Oredelfe O Redelfe is where one claimes to haue y ◠ore that is founde in his soile or ground Outfanthefe OUtfangthiefe that is y ◠theues orfelōs of your lād or fée out of your lād or fée taken w t felony or a stealing shal be brought backe to your court and there iudged Owelte OWelte is when there is Lorde mesne tenant and y e tenaunt holdeth of the mesne by the same seruices that the meane
in liberum maritagium bée al vtterly voyd so that y â— tenure shalbée intended after the tenure in the common taile And note wel that the gift in franke mariage hath a condition annexed to it notwithstanding that it be not openly declared in the déede of the gift as it appereth by the statut of westinÌ„ second ca. primo de Donis coÌ„dicionalibus And note wel that a manne shall not géeue landes nor tenementes in frankemariage but where the womanne is priuie of bloud to the donour â— else the mâ—â—â—e nor the womaÌ„ shal haue no other estate by the feoffement but for term of life Frank almoigne To holde in franke almoigne is to hold landes or tenements for to serue Godde and holye Church to endow without doynge any other manner of seruice And note well that in thys case the donor is mosne and oughtto acquite him fréely against the chiefe Lorde and also they that holde in frankealmoigne shall doe no fealtie but they that hold in franke mariage shall do fealtie Elegit To hold by Elegit is where a manne hath recouered debt or dammage by a writ against another or by confessyon or in other manner hée shal haue within the yere against hym a writte Judicial called Elegit to haue execution of the halfe of al his laÌ„ds and cattels except oxen and bestes of the plowe tyll the debt or dammages hée vtterly leuied or payed to him duringe the terme hée is tenant by Elegit And note wel if hee bée put out within y e terme he shall haue assyse of nouell disseysin and after a redisseisin if néede be and thys is géeuen by the statut of Westminster 2. ca. 18. and also by the equity of the same statute he that hath his estate if hée bée put out shall haue assise and a redisseisin if néede be and also if hée make his executours and dye and his executours enter and after be put out they shall haue by the equity of the same statute such action as hée hym selfe before said but if he be put out after make hys executours and dye his executours may enter and if they be stopped of their entre they shall haue a writte of trespas vpon their matter and case And note well if hée do wast in al the lande or parcell the other shall haue against him immediatly a writte Judicyall out of the first recorde called a venire facias ad computanduÌ„ by which it shalbée inquired if hée haue leuied all the money or parcel and if he haue not leuied theÌ„ money then it shal be in quired to how much the wast amounteth and if the wast amount but to parcel then asmuch of y e mony as y e wast amouÌ„teth shalbée abridged of y â— foresaid money which was to be leuied But if he haue done more wast then the foresaid summe of money which was to be leuied amounteth the other shall bée discharged by and by of all the said money and shal recouer the land and for the superfluity of y â— wa st made aboue that that amounteth to the sayde summe hée shal recouer his daÌ„mages single and the same lawe is of hys executours also of him that hath his estate And note that if hée alien in fée or for terme of life or in tayle all or parcell of the laÌ„d which he holdeth by Elegit if y â— alienation bée made w tin the terme or after hée which hath right shalhaue against hi one assise of nouel disâ—cisine And they both must be put in the auâ—se the alienor and the alienée and notwythstandinge that the alienour die preseÌ„tly yet he which hath right shal haue an assise against the alienée alone as if the alienour had bene a playne tenant for terme of yeres and that is by the equitie of the statut of W. 2. cap. 25. for that that he hath not but a chattel in effect and the same law is of his executours and of him which hath hys estate as is aforesaid And note wel that in an Elegit if the shirife retorne y â— he had nothinge y â— day of there conusance made but y â— he purchased lands after the tyme then the partye plaintife shal haue a newe writto haue execution thereof the same lawe is of a statute merchaunt And note wel that after a fiery facias a maÌ„ may haue the Elegit but not contrary wise for soe much y â— the Elegit is of more higher nature then thefieri facias And note wel that if a man recouer by a writte of debt and sueth a fieri facias and the shirife retourne that the party hath nothig where of hee maye make grée with the party then the plaintife shal haue a capi as sicut alias and a pluries and if the shirife retourne at the capias mitto vobis corpus and hée haue nothinge whereof hée may make grée to y â— party he shalbée sent to the prison of the Fléet there shal abide tyll hée haue made agrement w t the party if y â— shirife retourne non est inuentus then there shall goe forth an exigent against hym And note wel y â— in a writ of debt brought against a personne of holy church which hath nothinge of lay fée y â— shirife retourneth y â— he hath nought by which he may be summo ned then shall the plaintife sue a writ to the Bishop that hée make hys clerke to come and the bishop shal make hym â—o come by sequestration of y â— church And note wel y â— if a man bringe a writ of debt recouer make his executors dieth they shal haue executioÌ„ not w tstanding y â— it be within y â— yere by a fieri facias Statut merchant 6 To holde by Statute merchaunt is where a man knowlegeth to pay certayne money to another at a certaine day before the maior bailife or other wardeÌ„ of any town y t hath power to make execution of the same statute if y e obligée pay not y â— debt at y e day nothing of his goods lands or tenementes may be found within the warde of the maior or warden béefore saied but in other places without theÌ„ y e reconisée shal sue the reconisaunce obligatioÌ„ w t a certification to the chauncery vnder the kinges seale he shal haue out of the chauÌ„ cery a capias to y e shirife of y e couÌ„ty where he is to take him to put hym in prison if hée bée not a clarke til hée bée not a clarke til hée haue made gréement of y e debt And one quarter of the yere after that that hée shalbée taken hée shall haue his laÌ„d deliuered to himselfe to make gree to y e party of the debt he may selit while he is in prison and his sale shal be good law ful And if he do not grée w tin a quarter of a yere or if it be retourned that he be not
fouÌ„d then y â— reconisée may haue a writ of the chauncery which is called Extendi sacias direct to al shirifs where hée hath landes to extende hys landes and goods to deliuer y e goods to him and to seise him in hys landes to holde them to him and to hys heires and his assignes til that the debts be leuied or payed and for that tyme hée is tenaunt by statut merchaunt And note wei that in a statute merchaunt the reconisée shall haue executyon of al the landes which the reconisour hadde the daye of the reconisaunce made and any tyme after by force of the same estatute And note well that when any waste or destruction is made by the reconisée his executors or by him that hath estate the reconisour or his executours shal haue the same lawe as is before sayd of the tenant by Elegit And note wel if the tenaunt by statut merchaunt holde ouer hys terme he that hath right maye sue against him a venire facias ad computandum or els enter by by as vppon tenaunt by Elegit ¶ There be thrée maner ofrents that is to saye rent seruice rent charge and rent secke Rent seruice is where a manne holdeth of an other by fealtie and for to doe suit to his court and yelding to him a certaine rent by the yere for all manner of seruices ¶ And note wel that if the Lorde be seised of the seruice rent before said they be behinde and he distraine and the tenant rescue the dystresse hée may haue Assyse or a writte of rescous but it is more necessarye for hym to haue assyse then a writ of rescous for that by assise he shal recouer his rent his damages but by a writte of Rescous hée shall not recouer but the thynge and the dammages ¶ And note well that if the lorde be not seysed of the rent and seruyce and they bée behynde and hee dystrayne for them and the tenaunt take againe the distresse hee shall not haue assise but a wrytte of Rescous aud shal not néede to shewe bys right And note wel that if the Lord distreine his tenaunt in socage for knights seruice whiche is not denyed him auowe for y â— same seruice in court of record he shal be charged by the same seruice by Fynch termino Hillarij Anno xlvj And note well y â— if the Lord may not find a distresse by two yeare hée shal haue against the tenaunt a writte of Cessauit per biennium as â–ª it appereth by the statute of Westm 2. cd 21. And if the tenant dye in the meane time and his issue enter the Lord shal haue against the issue a writ of entre vpoÌ„ y â— Cessauit or if the tenaunt alien y â— lord shall haue against the alienée the foresayd writte But if the Lorde haue issue and dye and the tenaunt bée in arrerages of the sayde rent and seruice in the time of the father of the issue not in the time of the issue he may not distrain for y â— arrerages in y â— time of his father and hee shal haue none other recouery agaynst the tenaunt or any other for that that such aduantage is géeuen by the lawe to the tenaunt And note well that rent seruice is that to the which belongeth fealtie but to rent charge rent seck belongeth not fealtie but it belongeth to reÌ„t seruyce of common right Rent charge Rent charge is where a man grauÌ„teth certaine rent going out of hys lands or tenemeÌ„ts to another in fée simple or in fée taile or for terme of life by déede vpoÌ„ condition y t at what time the rent bée beÌ„ehinde it shall bèe wel lawefull to the grauntée to hys heires or assygnes or distrayne in the same laÌ„ds or tenementes And note wel that if the rent be behind it is wel lawful to the grauntée at his election to haue a writte of annuiâ—y or els he may distraine and if the distresse bée taken agaynst his will from him and he was neuer seised béefore he hath noe recouery but by writ of Rescous for y e distresse first taken geueth not to him seysin onely if hee haâ— the rent beefore for if he were seysed of the rent before and after the rent bée behind and hée dystraine rescous to hym bée made hee shall haue assise or a writte of rescous And note wel that in euery assise of reÌ„t charge and annuell rent or in a wrytte of annuitie it béehoueth to him that bringeth the writte to shewe forth an especialty or els he shall not maintaine the assise but in a Mordauncestour or formedon in the discender or other writs in the which title is geuen or comprised brought of rent charge or annuell rent it néedeth not to shewe especialtie And note well that if a maÌ„ grauÌ„t a reÌ„t charge to an other y â— grauntée purchase the halfe of the land whereof the rent is going out all the rent is extinct and if the grauntée release to the grauntour parcell of the rent yet al the rent is not extinct But in reÌ„t seruice the lawe is otherwyse for notwithstandinge y â— y â— Lorde hath purchased y â— halfe of y â— laÌ„d wherof y â— rent is going out yet y â— rent is not extinct but for the halfe the cause of the diuersity is that rent seruice may bée seuered to one portion but not rent charge And note wel that if rent charge be graunted to two ioyntly and the one release yet the other shall haue the halfe of the rent And also if one purchase the halfe of the lande whereof the rent is goyng out the other shall haue the halfe of the rent of hys companion And if the disseysour charge y â— land to a straunger and the disseisie bringe an assise and recouer the charge is defeated But if hée that hath right charge the lande and a straunger faine a false action against him recouer by defaut the charge abydeth And note wel that in case that purparty bée béetwéene two parceners and more land bée allotted to one then to the other and shée that hath more of the lande chargeth her land to the other and shée happeth the rent shée shal mainteyne assyse without especialty And if y â— grauÌ„tée haue in fée simple or in fée tayle and hath issue and dieth if the issue bringe a formedon or assise of mordauncester hée shall neuer bée charged to shewe an especialty Rent secke Rent secke is where a man holdeth of me by homage fealty other seruice yeldyng to mée a certaine rent by y e yere and I graunt this rent to another reseruinge to mée the seruice And note wel that in rent seck if a man be seised of the rent and the rent bée behind hée may not dystrayne but hee shall haue assise of nouel disseisin And note well that if rent secke be graunted to a manne and to hys heires and the