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A66651 The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq; Wingate, Edmund, 1596-1656. 1655 (1655) Wing W3007; ESTC R220028 104,837 228

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be the Lords man In the doing whereof the Tenant must be ungirt uncovered kneel upon both knees and hold both his hands together between the Lords hands sitting before him XXX This is to be done to the Lord himselfe and but once during the Tenants life XXXI The Kings Chamberlain shall take homage for him XXIJ. When an Inheritance descendeth to Coperceners the eldest only shall do Homage XXXIIJ But if they hold of the King all of them must do it XXXIV When one and his Ancestors whose heire he is have held by homage of a Lord and his Ancestors whose heir the Lord is time out of mind and the Lord hath received homage that bindeth him to warrant and acquit the Tenant XXXV Suit of Court is a service by comming to the Lords Court And here Land in the Lords hands whereof severall men hold by Suit of Court is termed a Mannor but the Land considered apart from the service is termed Demesnes XXXIV The particular kinds of services whereby Lands of inheritance are distinguished are Soccage and Knight-service XXXVII Both draw unto them certain commodities to the Lord partly in the Tenants life and partly after his death XXXVII That in his life is reasonable Aide or Portion towards the making of the Lords eldest Son a Knight and towards the marrying of his eldest daughter XXXIX The other after his death are wardship and reliefe XL. Wardship is the custody of the body and land of the heir within age which shall be til fourteen of a woman XLI Relief is a Portion to be paid by the heir to the Lord. XLII Soccage is tenure to be done out of Ward XLIII Where the next of the kinne to whom the Inheritance cannot descend shall have the heirs wardship till fourteen to the heirs own use XLIV Here for releif the Lord shall have presently so much as one years rent amounts unto XLV Tenure by Soccage in Cheif giveth the King primer seisin or the value of that Land by a year if the heir be of the age of fourteen year at his ancestors death XLVI Knight service is a service touching Warre to be done by the body of a man XLVII To all Knight service Homage is incident XLVIII Here the Wardship is the Lords to his own use and that till 2● of an heir mal● XLIX The wife shall be barred of her Dower so long as she detained the heir from him L. Wardship of the body giveth the wards marriage to the Lord. LJ If one hold sundry Lands of diverse Lords the wardship of body goeth to the Lord of that Land which the tenant held first and this is termed Tenure by priority LIJ The King shall have the Wardship of the body though the tenure of him be by Posteriority LIIJ The eldest child being heir apparant to his father shall not be in ward for his body during his Fathers life LIV. Tenure by Knight service in cheif giveth to the King the Wardship of all other Lands also LV. It giveth him likewise Primer seisin or the value of them all by half a year if the heir were in Ward by a whole year if he were not which P●imer seisin must be paid and relief also LVI Relief for Land holden by Knight-service amounteth to an C.s. for a whole Knights fee to a C. Marks for a Baronie and to a C. Pounds for an Earledome LVII If The heir be within age at the Tenants death no relief shall be paid to the Lords that are to have the Wardship LVIII Grand Serjancie viz. Tenure of the Kings person to do to him a more speciall service whatsoever by the person of a man is a speciall Knight service in chief where th● King in stead of relief shall have the value of the Land by a year LIX Rent charge is a Rent with Liberty to distrain CHAP. 8. Rent seck Common I. BAre Hereditaments concerning land for which no distresse can be taken are a Rent Seck and Common II A Rent Seck is a Rent without liberty to distrain III. When a rent is granted for equaliy of Partition amongst Coperceners this rent may be distrained for though no such liberty be granted IV. The grant of a Seigniorie Rent charge and Rent Secke as also of a Remainder or Reversion of any of these or of the land it selfe is nothing worth without Attornment viz. agreement of the tenant that presently must be charged V. In the grant of a reversion depending upon a Freehold the Attornment of the Freeholder is sufficient though he be not the Tenant that presently must be charged VI. Common is a profit to be taken in anothers Land CHAP. 9. Villenage Annuity Corodie Office I. BAre hereditaments that concern the person are meerly of the person himself or by reason of the person II. of the first sort are Villeins III. A Villein is such a servant as himself and whatsoever he possesseth is the Lords if he claim it IV. The Lord cannot sease his villein in the the Kings presence V. The children of a Villein are also Villeins VI. Villenage beginneth by confessing a mans self to be one in a Court of Record VII A Villein is manumitted or set free when the Lord enableth him to possesse any thing against himself VIII Those by reason of the person are Annuities and Corodies or Offices IX Annuitie is a yearly rent to be had of the person of the Grantor X. Corodie is a Portion for ones sustenance XI Office is a duty of attendance upon a charge CHAP. 10. Franchises I. BEsides the Hereditaments already handled there be certain other derived from the Kings Prerogative which are termed Franchises II. A Franchise is a Royall priviledge in the hand of a subject III. It may be forfeited by misusing of it IV. The kinds of Franchises are divers and almost infinite V. Of such sort are Warrens Markets Faires Toll of every buyer for things he buyeth there not being for his own expences and whatsoever liberties or commodities else that created at first by the Kings speciall grant or of their own nature belonging to him are given to common persons to have any manner of estate in CHAP. 11. Chattels Reall and Personall Testament Bailment Contracts Actions Arbitrement I. SUch then is the nature of an hereditament in his sundry sorts and kinds II. Chattels are possessions wherein there cannot be severall estates III. All ones Chattels whether in possession or that any is indebted to him in may be given away or devised by his Testament IV. Testament is the appointment of some person to administer them for him after his death who therefore is called an Executor V. the Executors must prove the Will to be a true one in the spirituall Court and be sworn to see it performed VI. If many Executors be made and one refuse yet he may administer at his pleasure VII But an Executor once administring can never refuse after VIII Executors must answer all certain duties of the Testator IX But so as duties
do it by the form of his deed or he or his ancestors have used to do it before the Kings first voyage in Brittain being about 39 years and an halfe before the making of this Statute The eldest Coparcener shall only do suit of Court and the other parceners shall be contributary All one Jointenant or tenant in Common shall do the 〈◊〉 and the rest shall contribute Rule 38. Westm 35. Reasonable aid shall be 20 l. for a whole Knights fee and as much for 20. l. land i● soccage and so more or lesse according to that rate It shall be levied at 15 years age of the son and ● years of the daughter and if the Father levy it and dye before the marriage of the daughter the father executors shall be charged therewith and if they have not assets the heir shall be therewith charged Stat. 25 E. 3. Stat. 5. 11. Reasonable aid to make the Kings eldest son a Knight and to marry his elde● daughter shall be levied of all lands holden of the King without Mean according to the rate in the former Statute Rule 43. Marlbr 17. 52. H. 3. Guardian in soccage shall make no waste sale or destruction of the heirs inheritance but safely keep the same to the use of the heir and when he comes to age shall answer the issues thereof by a lawful accompt saving his reasonabl costs neither shall such Guardian sell the marriage of such heir but to his advantage Rule 48. Magn. Cart 3 9. H. 3. The Lord shall take homage of the heir before he have the Wardship and such heir after he hath been in Ward shall at his full age of 21 yeares have his inheritance without relief or fine and if the heir within age be made a Knight yet his land shall remain in ward untill his full age aforesaid Marlebr 6. 52. H. 3. If one enfeoffe his heir within age to cause the Lord to lose his Wardship and die yet the Lord shall have the Wardship So when a fraudulent feoffment is made by a tenant upon condition to revert after certain yeares to him and his heirs if the feoffees pay not a certain sum to the value or more then the value of the lands In such case the Lord shall have a writ de Cuctodia reddenda And if being able to aver this matter he recover yet the feoffees shall have the land again when the heir comes to age Howbeit the Lord not being able to aver it shall render the feoffees their costs and damages Stat. 32. H. 1. Two Jointenants or more holding of the King and he that hath the fee dyeth the King shal presently have the ward-ship and marriag of the body of his heir if he be within age Saving to every woman her dower of two parts of those lands divided from the third part as in that Statute is directed and saving to the King during the wards minority the reversion of such Jointenants and tenants in dower Rule 50. Merton 6. 20. H 3. If any heir 14 yeares old or above marrie himself without licence of his Lord to defraud him of the marriage and the Lord of him a convenient marraige without disparagement th● Lord shall retain the land beyond the term of his fu●● age untill he may receive the double value of the ma●riage If a Lord marrie the heir within 14 yeares of age whereby he is disparaged he shall lose the Wardship and the profits of the lands shal by the Wards friends be converted to the Wards use Merton 7. 20. H. 3. If an heir will not marry at the request of the Lord he shall pay to the lord as much as his marraige is worth for of right the marraige of an heir within age pertaineth to the Lord. West 1. 22. 3. E. 1. The Lord may hold the land o● heirs female two yeares after their age of 14 within which two years if he marrie them not they shall g● quit without giving any thing for the wardship or marriage and If they will not except a convenient marriage tendred by the Lord he shall hold the land til their age of 21 yeares and over until he have taken the value of the marriage Stat 4. 5. P.M. 8. None shall take or convey or care to be taken or conveyed away any maid or woman child unmarried being within the age of 16 yeares or of the custodie and against the will of the father or mother of such childe or of the person to whom the father of such child by his last will or other act in his life time hath appointed the governance of such chil● except such taking shall be without fraud by or fo● the Master or Mistris of such childe or her Guardia● in Soccage or Chivalrie in pain of two years impriso●ment with out Bail or else to pay such fine as shall be assessed by the Council in the Star-chamber None shall take away or deflower any such childe o● against the will of her father if he be living or of he● mother having the custody of her if the Father b● dead contract matrimony with any such Child except by the title of Wardship in pain of five years imprisonment or to pay a fine to be assessed by the sayd Councill The Fines are to be divided betwixt their Majesties and the prosecutor The said Council and Justices of Assize have power to hear and determine these offences If any such child above the age of 12. and under the age of 14 consent to any such contract of matrimony the next of the kin to whom her inheritance should come shall enjoy it during her life but after her decease it shall revert to the right inheritor other then to him that did so contract matrimony This act shall not prejudice any custome in London or any other Citty or town concerning Orphans CHAP. Rule 6. MErton 4 20. H. 3. Lords of wastes or commonable woods or pastures may approve against their Tenants part thereof so as they leave sufficient Common besides together with free ingresse and regresse to enjoy the same West 2 46 13 E. 1. Such a Lord may approve in like sort against his neighbours which have common appurtenance and for a Windmil Sheepcote Dairy enlarging of a Court or Courtilage none shall be grieved by Assize of novel disseisin If a ditch or hedge made for that purpose be thrown down and the parties offending be not discovered by the Townes adjacent they shall make it up again and render damages Stat. 3. E. 6. 3. Upon Iudgment for the Plaintiff in an Assize upon any branch of the said Statutes of Merton and Westm 2. the Court shall award treble damages This Statute shall not extend to houses built before the making thereof not having above three acres laid to them nor to a Garden Orchard or Pond not exceeding two acres Stat. 43. El. 11. All contract made betwixt Lords and Commoners of wasts c. subject to surrounding shall be good save where the Queen