seruice but is of the tenure of socage as shall be herafter more amplye shewed Of warde mariage and reliefe EUery knyghtes seruice draweth vnto it warde mariage and releife Wherfore it is now ryght expedient somewhat to entrete of them Ye shall therfore be admonished that whan the tenaunte whyche holdeth hys lande by knyghtes seruyce dyeth his heyre male beynge at that tyme wtin thage of .xxj. yeares the lorde shall haue the warde that is to saye the custodye or kepynge of the landes so holden of hym to hys own vse and profyte tyl the heyre cōmeth to the full age of .xxj. yeares For the law here presumeth that tyl he cōme to this age he is not able to do such seruice as is of this tenure requyred Furthermore yf such heyre be vnmaryed at the tyme of the deathe of the tenaunte than the lorde shal haue also the warde and bestowynge of the maryage of hym But yf tenaunt by knyghtes seruice dyeth hys heyre female being of thage of .xiiii. yeres or aboue thā the lord shal haue the ward neyther of the lande ne yet of the bodye of suche an heir and the reason herof is bycause a woman of that age maye haue a husbande hable to do knyghtes seruice that is to saye to wayte vpon the kynges maiesties persone whan he auaunceth into Scotlande wyth hys armye royall But if suche an heyre femalle be within the age of .xiiii. yeres and not maryed at the tyme of the deathe of her auncestoure than the lorde shall haue the warde of the lande holden of hym tyll suche heyre female commeth to the age of .xvi. yeres by force of an acte of parliamēt in the statute of Westm̄ the fyrste Note that there is a great diuersitie in the lawe bytwene the ages of females and of males for the female hath these manye ages apoynted by the lawe Fyrste at .vii. yeares of age the lored her father maye distreyne his tenauntes for ayde to mary her Seconde at .ix. yeares of age she is dowable Thyrdlye at .xii. yers she is hable to assent to matrymonye Fourthly at .xiiii. yeares she is able to haue her lande and shall be oute of warde if she be of thys age at the geantye but of the kynge onelye Homage auncestrell TEnaunt by homage auncestrel is he whyche holdeth his lande of his lorde by homage and bothe he and his auncestours whose heyre he is haue holden the same lande of the saide lord of his auncestours tyme out of mynde by homage and haue done vnto them homage and this is called homage auncestrell by reason of the longe continuaunce whyche hath bene by title of prescription as well concernynge the tenauncye in the bloude of the tenaunte as concernynge the lordeshyp in the blode of the lord And this seruice of homage auncestrell drawethe vnto it warrantye that is to saye yf the lorde which is nowe in lyfe hathe ones receyued the homage of his tenant he oughte to warrant the same tenaunte what tyme so euer he shal be impleaded or sued for such lande so holden of him by homage auncestrell Moreouer suche seruice of homage auncestrell draweth to it acquitall that is to saye the lorde oughte to acquyte the tenaunt agaynste all other lordes that can demaūd any maner of seruice out of the tenauncye Wherfore yf in thys case the tenaunte whyche holdethe by homage auncestrell be impleaded of hys landes and voucheth his lorde to warrauntye who commeth in by processe and demaundethe of the tenaunte what he hath to bynde hym to the warrantye and the tenaunt sheweth howe he and his auncestours whose heyre he is haue holden his lande of hym and of his auncestoures tyme ease or continuall infirmitie All these and suche lyke be dispargementes But here also ye shal vnderstande that it shall be sayd no dispargement onlesse the heyre be so maryed when he is wythin the age of discretion that is to say within the age of .xiiii. yeres For if he be of that age or aboue and consenteth to such mariage it is no dispargement neyther shall the lorde for suche mariage lose his warde bycause it shal be reputed and assigned to the folye of the heire beynge of age of discretion to consēt to suche mariage Now yf the gardeyne offre to the heyre beyng in his warde a conuenient mariage wythout dispargement and the heyre refuseth it as he maye very wel do than the lord shall haue the value of the mariage of suche heyre whan he commethe to hys full age But yet yf he marye hymselfe being so in warde agaynste the wyll of hys gardeyne than he shal paye the double value by force of the statute of Merton before remembred And ye shall note that if landes holden by knyghtes seruice descende to an infaunte from hys mother or from any of hys auncestours his father beyng yet alyue in thys case the lorde shall not haue the mariage of this heyre for during the lyfe of the father the sonne shall be in warde to no man Finally it is to be knowne that he whyche is gardeyne in cheualrye in ryght maye after he hathe seased the warde graunte the same eyther by dede or wythout dede to an other man than he to whom suche graūt is made is called gardeyne in fayte Now as touching reliefe ye shal knowe that yf a man holdethe hys lande by knightes seruice and dyeth hys heyre beynge of full age the full age of the male is .xxi. yeares of the female .xiiii. then y◠lord of whome the land is holden shal haue of the heyr reliefe Reliefe of a hole knightes fee is C s. of halfe a knightes fee fyftye s Also a man maye holde landes of a lord by two knyghtes fees and thā the heyre beynge of full age at the death of his auncestoure shal paye to his lorde for reliefe .x. poundes Seruice of castel garder YE shal vnderstande that a man may holde by knyghtes seruice and yet not hold by escuage nor shal paye no escuage for he may holde by castell garder that is to saye by seruyce to kepe a tower of hys lordes castell or some other place vpō a reasonable warnynge whan hys lorde heareth that enemyes wyll come or be alredy come into Englande Thys seruyce is also knyghtes seruice and drawethe to it warde mariage reliefe as the common knyghtes seruyce dothe Of graunde sergeauntie THere is also an other kynde of knightes seruice called grande sergeantye whyche is where a man holdeth is landes or tenementes of the kynge by suche seruice as he oweth in proper person to do as to bear the baner of oure soueraigne lorde the kynge or his spere or to conduct hys hoste or to be his marshall or to be the sewar caruar or butler at the feaste of the coronation or to be one of the chamberlaynes of the receypt of his eschequere or to do lyke seruices to the kyng in propre persone such maner of seruyce I saye is called grande
of his children and payment of his dettes or otherwise at his pleasure Sauing to the King aswel the wardship and primer season of as moch as shal amouÌ„t to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise And euery person hauing laÌ„des or truementes of estate of inheritaunce holden of the king in chief by knightê seruice other landes holden of him or of any other by knightes seruice or otherwise shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of the same in thre partes to be diuided or elles as moch therof as shal extende to yâ— yearly value of two partes of the same in three partes to be diuided in certainty Sauing to the king yâ— wardship primer season of as moch thereof as shall amounte to the yerely value of the third part wtout diminution dower couein charge or subtractioÌ„ of the same or of the ful profittes therof Sauing also al fines for alienations as is abouesayde Item euery person holding landê or other hereditamentes onely of any other than of yâ— King by knightes seruice and other landes and tenemeÌ„tes in socage or of the nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutioÌ„ dower fraud c And euery person holdinge onely of the King by knightes seruice but not in chief or holdiÌ„g of yâ— king by knightes seruice and not in chiefe and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of yâ— nature of socage tenure may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice two partê of the hereditamentes holden of any other persoÌ„ by knightes seruice or as moch of either of them as shal amouÌ„t to the ful yearly value of two partes and also al his landes and tenemeÌ„tes so holdeÌ„ in socage or of the nature of socage tenure Sauing as wel to the king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution c. As also to the lordes of whom any of the said landes or other hereditameÌ„tes bene holden by knightes seruice for wardshyp as moche of the same so holdeÌ„ of them by that seruice as shal amount to the clere yerly value of the thirde parte in maner aboue declared Prouided that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii part of all the sayde hereditamentes whereof the king shal be intitled to haue the custody or primer season than the kinge maye take into his handes as moch of thother two partes of the sayd hereditameÌ„tes as with that of the same hereditameÌ„tes remayning in his haÌ„des shal make vp the clere yearly value of the thirde parte of the said laÌ„des and tenementes so to be had to him in title of wardship and primer seasoÌ„ And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concerniÌ„g only his third part for title of wardship Also al persons shal sue their lyueries for possessions reuersions or remaynders and also pay reliefes and heriettes like as they shuld haue done before yâ— making herof And fines for alienatioÌ„s shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fiâ—e or feoffement Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde none other fine shal be payd in the same court for any such writtes Item where two or more persons holde of the king by knightes seruice ioyntly to them to the heires of one of them and he that hath the inheritaunce therof dyeth his heire beinge wtin age the king shal haue yâ— warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding Sauing to al women such right title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of yâ— two partes of the said landes or tenementes seuered froÌ„ the thirde parte as is abouesaide and not otherwise And sauing also to the king the reuersions of al such tenaÌ„tes in ioyntenure and dower immediatly after the death of such tenantes if they shal happen to die during yâ— none age of the kinges wardes ⧠Of mariagies inacted aÌ„ 32. Hen. 8. IT is inacted that from the first day of Iuly in the yeare of our Lorde a M.D. and XL. al mariages within this churche of Englande contracted betwene lawful persoÌ„s as by this act we declare al persoÌ„s to be lauful that be not prohibited by gods law to mary such mariages being contract and solemnised in the face of the church consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene yâ— parties so maryed shal be demed taken to be laufull good indissoluble not withstaÌ„dyng any precontract of matrimony not coÌ„suÌ„mate with bodily knowlege whiche either of yâ— persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consuÌ„mate or wherof such frute is ensued or may ensue as afore and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise And that no reseruation or prohibition godes lawe excepte shal trouble or impeache any mariage without leuiticall degrees And that no person shal after the said fyrst day of Iuly aforesaid be admitted in any of the spirituall courtes with in this the kinges realme or any hys other landes and dominions to any processe plee or allegation contrary to this acte FINIS EX AEDIBVS RICHARDI TAVERNERI PER RICHARDVM BANKES TYPOGRAPHVM CuÌ„ priuilegio ad imprimendum solum
sergeantye that is to saye a greate or hygh seruice and the cause why it is so called is bicause it is the moste honorable and moste worthye seruice that is for he that holdeth by escuage is not appoynted by hys tenure to do anye other more specyall seruice than an other is bounde that holdethe by escuage but he that holdeth by grande sergeantye is bound to do some speciall seruice to the king Also if he that holdeth of the king by grante sergeanty dyeth his heire beyng of ful age than the heyre shal paye to the kynge for reliefe not onlye C.S. as he that holdethe by escuage shall do but moreouer the clere yearly value of those landes and tenementes whych he so holdeth of the kynge by grande sergeantye Furthermore ye shal obserue that in the marches of Scotlande some men holde of the kynge by coruage that is to say by blowing of an horn to the intent to warne the men of the contrey whan they heare that the Scottes or other theyr enemyes be commynge or be alreadye entred in to Englande whyche seruice is also a kynde of grande sergeantie Grande sergeantie therfore is as moche to saye in latyn as magnum seruitium that is to saye a greate or hyghe seruice lyke as petite sergeantye is called paruum seruitium that is to saye a lytle or smale seruice But to reuerte agayne to the mamatier ye shall note yf any tenaunte holdeth of any other lord than of the king by such seruice of cornage then it is no graunde sergeantye but yet neuertheles it is knyghtes seruice draweth to it ward mariage and reliefe for this is a rule infallible that none can holde by grande sergeanty but of the kynges owne maiestie Finallye ye shall vnderstande that al they whych holde of the king by thys seruice called graunde sergeauntye do holde of the kynge by knyghtes seruyce and by vertue of thys tenure the kynge shall haue of them warde mariage and reliefe but escuage yet he shal not haue of them oneles they holde by escuage of him by expresse and speciall wordes Petite sergeantie TEnaunte by petite sergeantye is he that holdeth his land immediatly of oure soueraygne lorde the kynge by thys maner of seruice to paye to the kynge yearelye eyther a vowe a spere a dagger a swerde a payre of gantlettes a paire of spores of golde a shafte or such other smale thynges apperteynyng to the warre this seruice is in effect but socage bycause that suche a tenaunte is not bounde by hys tenure to go ne do anye thing in his owne propre person touchyng the warre but only to rendre and pay yerely certayne thynges to the kynge as a man ought to pay a rente wherfore thys seruice of petite sergeantye is no knyghtes seruyce but yet ye shal note that a man can not holde neyther by petite sergeauntye neyther by graunde sergeantye out of mynde surely the lorde yf he can not denye this and if he hath receiued the homage of such a tenauÌ„t is bounde by the lawe to warrante hym his lande so that if the tenaunt lose his lande in defaute of the lorde thus vouched that is to saye called to warranty he shal recouer against hym so moche in value of those landes and tenementes whyche the lord had at the tyme of callynge to warrantye or at any tyme after But yf the lorde neuer receyued the homage of hys tenante than he maye verye well whan he is thus vouched disclaime in the lordeshyp or seignorye and so put out the tenaunte of hys warrantye Where ye shal note that in euery case where the lord disclaim in his seignorye in courte of recorde his seignorye or lordeshyp is extinct and the tenaunte shall holde from thensforthe of the nexte lorde to him that thus disclaymed Thus ye perceyue that homage auncestrell is not but where as is a long coÌ„tinuauÌ„ce as well in the blode of the tenaunte in respecte of hys tenauncye as in the bloude of the lord in respecte of his seignorye Wherfore if the tenaunte doth ones aliene hys landes to an other although he purchasethe the same agayne yet he shal not hold any longer by homage auncestrell bycause of thys discontinuaunce but shall holde it nowe by the vulgare accustomed homage Of socage SOcage is properly where the tenant is bound to come wyth his soke that is to saye with his plough to eare and sowe parcell of the demene landes of hys lorde which seruyce in auÌ„cient tyme was very commen frequeÌ„te but nowe by the mutuall consent bothe of the lorde and of the tenant yt ys conuerted for the moost parte in to a yerely rente How be it the name of socage abideth styll wherfore now al that is not knyghtes seruice is caled by yâ— name of socage So yâ— yf a man holdeth by fealtye onely or by fealtye and homage for all maner of seruyce it is but socage tenure for homage alone makith not knyghtes seruyce yea yf a man holdeth by escuage certayne as I haue said here tofore he holdeth in effecte but by socage Nowe where a man holdethe hys landes by socage and dyeth hys heyre beynge wythyn thage of .xiiii. yeres the lord shal not haue yâ— warde but the next of kynne to the heyre to whome the heritage can not descend shall haue the wardeshyp as well of the lande as of the heyre tyll the heir come to the age of .xiiij. yeares and suche gardeine is called gardeine in socage and shal rendre accomptes to the heyre for the issues and profytes that he hathe receiued of the landes durynge suche tyme hys reasonable costes and expeÌ„ses deducted so that he shall not haue the wardeshyp to his owne vse profyte as gardeine in cheualrye hath Finally ye shal vnderstande that whan tenaunte in socage dyethe the lorde shall haue reliefe that is to say the value of the rent that is yearlye due vnto hym of the tenauncye besyde the yerly rente so that in effecte after the death of his tenante he shal haue of the heyre .ii. rentes saue that for the reliefe he may distreyne forth wyth but for the accustomed rent he can not distreyne tyl the vsuall daye of payment be come Francke almoyne TEnaunte in francke almoygne that is to saye in free almesse is where a byshop deane or any other ecclesiasticall persone holdeth of his lorde in pure and perpetuall almes and suche tenure began firste in olde time after this maner Whan a man was seased in ancient time of certain landes or tenementes in his demene as of fee of the same tenementes enfeoffed an abbot his couent or a priour his couent or any other persone ecclesiastical as a deane of a colege mayster of an hospitall or suche like to haue to hold the same landê to them and to theyr successoures for euer in pure and perpetuall almesse or in francke almes in these two cases the tenementes shulde be holden in franke
as is he that hath a free holde at the common law but the determination of this question I remit to my great maysters which caÌ„ solue the knottes and enigmaes of the lawe For asmoche as yet styl of this matter Causidici certant adhuc subiudice liâ— est ⧠Also ye shall vnderstand that the vsage of some Manour is when the tenaunte wyll surrender his land to the vse of an other that he shall take a wande in his hande and deliuer it to the stewarde of the court and the stewarde shal deliuer the same wand in name of seisin to him that shall take the lande and suche a tenaunte is called tenaunte by the verge Diuerse other customes there be of surrendryng of copy hold landes which here for tediousnes I wyll omytte And forasmoch as tenauntes by custome of the Manoure haue by the course of the common lawe no free holde therfore they be called tenauÌ„tes of base tenure Hytherto I haue treated of the first membre of oure diuision that is to wytte of chatelles for as I sayde all leases for terme of yeres and at will be accoÌ„pted in the law but as cateles and be comprysed vnder that name saue that they be called cateles reals where as kyne oxen horses moneye plate corne and suche lyke be called chatell personalles Nowe we wyll procede to thexplanicioÌ„ of the second membre that is to say of free holdes ⧠A diuision of free holdes FRee holdes or franke tenemeÌ„tes a man may haue in suÌ„dry wyses for ether he is seased for terme of his owne lyfe or for terme of an other mans life Yf he be sesed for terme of his owne life either he haue gotten such estate by way of purchase or els the law hath entiteled him therunto I call it by purchase whether he commeth vnto it by his owne barganing and procuremeÌ„t or by the gyft of his frende and I call it by the operation and intitelynge of the lawe whan a man maryeth a woman that is an in heritres and hath issue by her and she dyeth nowe shal he haue the landes durynge his life by the course of the lawe and shal be called tenaunte by the curtesye of Englande In likewise yf a man be seased in feâ— simple or fee tayle of landes and taketh a wyfe and he dyeth the law giueth vnto the wyfe the thyrde parte of her husbandes laÌ„des for terme of her life and she shal be called tenauÌ„t in dower ⧠Tenaunt for terme of life TEnaunte for terme of life is he that holdeth landes or tenemeÌ„tes for terme of his owne life or for terme of an others lyfe Howe be it the most frequent and common maner of speakynge is to call him that hath estate for terme of his own life tenaunte for life and him that hath estate for terme of an others life tenaunt pour terme dautre vie that is to saye tenaunte for terme of an others life Ye shal note that like as he that maketh the lease is called the lessoure he to whome the lease is made is called the lessee so he that maketh a feffement is called the feffoure and he to whome the feffement is made the feffee Also if tenaunte for terme of lyfe or tenaunte for terme of an other mans life do wast the lessour or he in the reuersion shall maynteyne very wel an action of waste agaynste hym and shall by the same recouer treble damages Finally ye shall vnderstand that by an acte of parliameÌ„t made in the xxvii yere of oure Souerayne lorde that now is king Henry the eight it is enacted that no free holde nor estate of inheritance shal passe ne take effecte but by dede indented sealed enrolled in one of the kynges courtê at Westmynster or els wythin the same countie where the lande dothe lye as by the sayd acte more at large appereth ⧠Tenaunt by the curtesi TEnaunt by the curtesye of Englande is he that hath maryed a wyfe inherited and hath had issue by her and she is deade in this case the lawe of Englande permytteth and suffreth the husbande of suche wyfe to reteyne all his wyues landes that she had either in fee simple or fee tayle so longe as he lyueth And this is by the curtesye and vrâ—anitie of Englande for this thing is vsed in none other region But in thys case it is requyred that the chylde ve vitall that is to saye be borne and broughte forth iâ— to this worlde aliue and therfore the common sayeng hath bene that onles the chylde be harde crye the father shall not be tenaunte by the curtesye for the onelye proue and argument of lyfe in an infaunt new borne is the vagite and cryenge Ye shal furthermore vnderstand that onlesse the husbande be in actual and reall possession of his wyues landes seased of them in her right he shall not be tenaunte by curtesye after her death And therfore yf landes descende to a mans wyfe so that she is tenaunt in the lawe and to euery mans accion yet if the husbande haue not made an actuall entreedurynge the couerture and matrimony betwene theâ— he shall not be tenauÌ„â— by the curtesye for it shall be reputed and iugged his foly and negligence that he wolde not entre in her lyfe tyme. Otherwyse it is of aduousons â—â—Ì„tes and such other thynges which forthwyth when they descende be in a man or woman wythout any entre or further ceremonye of lawe Note that if tenaunte by the curtesye of England wyl suffre or make any wast in the landes or tenemeÌ„tes that he so holdeth he is punyshable therfore by action of wast Also it is to be knowne that of thinges that be in suspense a man shall not be tenaunt by the curâ—â—sye and therfore yf a man be the tenaunt in fee simple of certayne lande and doth entremary wyth a woman that is the seignoresse or lady of the same and hath issue by her and she dyeth yet he shal not be tenaunt by the curtesye of the lordshyp of seignorye bycause himself is tenaunt of the land and therfore the lordeship is suspended for the time for a man can not be both lorde and tenaunt of one thing but if he had not bene tenaunt of the lande he shulde haue had the lordeshyp after the deathe of his wyfe by the curtesie of Englande very well Of tenaunt in dower TEnaunte in dower is she that hath bene maried to an husbaÌ„d that was during the matrimony betwene them seised of landes â–ª or 〈◊〉 in fee simple or fee tayl â–ª which is nowe dede and she seased of the thyâ— departe of her husbande 's sayde landes for terme of her life For by the common lawe of the lande if the husbande be at any tyme duryng the couerture seased lawfully whether 〈◊〉 be by purchase or by discent 〈◊〉 theâ— in fee or in tayle dye his 〈◊〉 to be indowed by the course of the coÌ„mon lawe of the thyrde foâ—e And in some places
it is that the grauntoure shulde be enforced to atturne sith an atturnement is adhibited to none other purpose than to haue the conseÌ„t and agremente of the particular tenaunte to the intent that it may appere that he hath notice or knowlege of this grauÌ„te but here where as the particular tenaunte hymselfe is the grauntour an atturnement were superfluous and more than neded Of seruices HYtherunto I haue brefely touched and ouerrun the sundrye kyndes and formes of estates Now forasmoch as there is no tenure but hathe vnto it some seruice knyt and annexed it were very necessary to declare howe many kyndes of seruices there be and what seruyce is due to euery tenure For the knowledge her of ye shal vnderstande that the principall and moste common kynde of seruyce that the tenauÌ„t oweth to hys lorde is called knyghtes seruyce Knyghtes seruice KNyghtes seruice includeth homage fealeie and for moste ê‘te escuage and whosoeuer holdeth his laÌ„des by knyghtes seruice is bound by the law of this realme to do vnto his lorde homage and fealtie and to paye for most parte escuage when it shal be assesed by authoritie of parliamente as hereafter more playnlye shal be declared vnto you Homage is the most huÌ„ble and reuerent seruice that a man of free condition can do for whan the tenaunte shall do homage to his lord the lord shal sytte and the tenaunt shal knele before hym vpon bothe knees and shall holde his handes bitwene hys lordes handes and saye in this wise I become your man from this daye forthward of life and of membre and of earthly honoure and to you shall be faythfull and loyall and faithe to you shall beare for the landes that I clayme to holde of you sauynge the faythe that I beare vnto oure soueraigne lorde the kynge and than the lorde so syttynge shal kysse him But if an ecclesiasticall persone whych by hys ordre and profession hath addicted himselfe to the seruice of god in especiall shall do homage to his lord he shall not say I become your man bycause he hath professed himselfe to be the onely man of god but shal say I do to you homage and shall be to you faythfull and true and fayth to you shall beare for the tenementes yâ— I holde of you sauynge the faythe whyche I do owe to our soueraygne lorde the kynge Ye shal note also that when a woman not maried doth homage to her lord she shal not say I become your woman for it is not conuenient that a woman shulde be the woman of any other than of her husbande that she shall mary but she shal saye euen as the ecclesiasticall persone sayeth I do vnto you homage c. That yf perchaunce a man holdeth sundry landes and tenementes of sundrye lordes and euery of them by knyghtes seruice than in the ende of his homage makinge he shal say sauynge the fayth that I owe to our soueraygne lorde the kynge and to myne other lordes And it is to be knoewn that none is bounde to do homage to the lord onles it be suche a tenaunte as hath in the tenauncye an estate of fee simple or fee tayle eyther in hys owne ryght or in the ryght of an other For if a woman haue landes or tenementes in fee simple or fee tayle whyche she holdethe of her lorde by knyghtes seruice and taketh an husbande and haue issue in this case the husbande in the lyfe of his wyfe shal do the homage bycause he hath a title to haue the landes by the curtesy of Englande yf he ouerlyueth her also he holdeth them nowe in his wiues ryghte yet before issue had bytwene them yâ— homage shal be made in theyr both names But if the woman dieth before any homage made by her husbande in her lyfe and the husbande kepeth styll the landes as tenaunt by the curtesye now he shall not do homage to hys lorde bycause he hath nowe an estate but for terme of lyfe Fealtie is as moche to saye as a fidelitie or faythefulnes in doynge wherof the tenaunte shall holde hys hand vpon a boke say thus Heare you this my lorde I to you shall be faythfull and true and fayth to you shall beare for the landes and tenementes whyche I clayme to holde of you and duelye shall do you the customes and seruices whiche I owe to do you at the termes assigned as me helpethe god and hys sayntes And than he shall kysse the boke but he shal not knele as he the doth homage And ye shal obserue that homage can not be done but to the lorde hym self where as the steward of the lordes courte or the bailife may take fealtie for the lorde Also tenaunte for terme of life shal do fealte but homage as is sayde he can not do Nowe as concernynge escuage that is to saye the seruice of the shild ye shal vnderstand that he that holdeth his laÌ„des by escuage whan the kynge makethe a viage royall in to Scotlande for the subduynge of the Scottes is bounde to be wythe the Kinges Maiestye by the space of .xl. dayes well and conuenientlye arayed and appointed for the warre And he that holdeth his lande but by the moitie of the fee of knightes seruice is bounde by the force of his tenure to be wyth the kynge by the space of xx dayes and so proporcionably accordyng to the rate and quantitte of hys tenure But now to our institute and purpose after thys viage royall in to Scotlande in whyche the kynge goeth in persone and after the retyre in to Englande agayne a parliamente is wont to be sommoned in whyche shal be prescribed asseised what euerye persone that helde hys lande by homage and went not wyth the king neither by hymselfe nor by his deputye shall paye to hys lorde in satisfaction of his not seruynge and accordynge to the taxacion herof euery tenaunte shall paye to hys immediate lorde whether it be the kyng or other after the rate and porcion of hys tenure if he holdeth by an hoole fee he shall paye the hoole escuage if by a moitie the halfe yf by the fourth ê‘te of a fee the fourth parte c. and this money thus asseysed is called scurage or escuage for whyche the lorde to whome it is due maye verye well for the non paymeÌ„t therof distreyne But here it is to be noted that some tenauÌ„tes by custom vsed tyme out of mynde are bound to pay but the moitie or the thyrde parte of that which shall be asseised and limited by acte of parliament Yea and the custome is in some place that to what somme of money so euer escuage is asseised yâ— tenauÌ„tê shall paye neuer but such a certeyne somme of mony and this escuage is called escuage certeyne where as the other is called escuage vncertayne Finally ye shall vnderstande that escuage vncertayne is alwayes adiuged to be knightes seruice and draweth vnto it warde mariage reliefe but escuage certaine is no knyghtes
prysoner in warres and is compelled to serue and become the thrall and bondeman of hym that toke hym the lawe calleth suche persone a villayne And ye shall note that vyllaynes be properly called in latyn serui bycause that whaÌ„ they be taken in war the captaynes be wonte not to kyll them but to sell them and so to saue theyr lyfes so that they be called serui a seruando that is to say of sauyng They be also called Mancipia a manu capÃendo bicause that they be taken by hand poure of the enemies Nowe as I sayde by the lawe oâ— nature we are al borne free but after that by the lawe of Gentilitie seruitâ—te inuaded the worlde than ensued the benefyte of manumission Manumission is de manu datio that is to saye a gyuynge out of the hande or power For so longe as a man is in bondage and seruitute he is subiecte to the hande and power of an other and whan he is manumissed he is made free delyuered from the sayd power so that a manumission is nothynge elles than an enfranchisemeÌ„t that is to saye a wrytynge testifieng that the lorde hath enfranchised his villayn al his offpring and sequel Also yf the Lorde maketh to hys villayne an obligacion of a certeyne summe of money or grauntethe to him by his dede an annuitie or yearly pension or leaseth to hym by dede landes or tenementes for terme of yeres any of these actes do imply an enfranchisement Lykewyse yf the Lorde maketh a feoffement to his villayne and maketh vnto hym lyuery of seysâ— thys also is an enfranchisment and secret manumissioÌ„ Brefely to speke where so euer the lorde compelleth his vyllaine by the course of the lawe to do that thyng that he myght otherwyse eÌ„force him to do or to suffre without the auctoritie and compulsion of the lawe he doth by implication enfranchise his villayne as if the lorde wyl bryng agaynst his villayne an action of det an action of accompt of couenant or of trespace these and such lyke be in the eye of the lawe enfranchisementes and manumissions bycause that the lorde in all these cases may haue the effecte and purpose of his suite that is to saye the goodes catels and correctioÌ„ of his bondman without the compulsion of the lawe euen by his owne propre power and authoritie whyche he hath vpon hys villayne But if the lord doth sue his vilayne by an appeale of felonye the villayne beyng lawfully endyted of the same before this is no tacite manumission or infranchisemeÌ„te for the lorde though he haue power to beate his villaine and to spoyle him of his goodes yet he can not by the lawe of this Realme put him to deathe Ye shall also vnderstande that if a mannes villayne purchaseth landê or acquyre and gette vnto him anye other thynge the lorde maye by and by entre and sease the same in to hys owne handes Wherfore if the lorde wyll brynge agaynste hys villayne a praecipe ê™ reddat by whyche he demaundeth agaynst his villayne any landes or tenementes this implyeth an enfranchisemente for asmoche as he byndeth himselfe to the prescripte and authoritie of the lawe where as he might vse his owne authoritie by entring and seasing the said landes Finally ye shal marke that some villaynes be called villaynes in grosse and other some be called villaynes regardaÌ„t In grosse be they of which the lorde is seuerally seased and not by reasone of any lordeshyp or maner but they be called regardaunte whiche do belonge to a Manoure of whyche the lorde is seased and the sayd villaynes haue bene regardant that is to saye expectant and attendante tyme out of mynde to the lorde of the sayde Manour in doing vnto him suche seruices as to a villayne appertayne ⧠Of rentes ⧠FOr asmoch as vpoÌ„ euery tenure there is commonly reserued one rente or other therefore I thynke it good sumwhat to treate of rentes But ye must vnderstande that there be sundry sortes of rentes There is one kynde of rente whyche is called rent seruice â—n other whiche is called rent charge and the thyrde which is named in frenche rente secke that is to saye in latyne redditus siccus a drye rente Nowe rent seruice is so called bycause it is knyt to the tenure and is as it were a seruice wherby a man holdeth his landes or tenemeÌ„tê or at lest way when the rente is vnseuerably coupled and knyt wyth the seruice as for an exemple where the tenant holdeth his lande of the king or of any other lorde by fealtie and by certaine rente or by homage fealtie and certaine rent or by any other sortes of seruices by certaine rent this rent is called rente seruice And here ye shal note that if this rent seruice be at any time when it ought to be payed behynde and vnpayde the lorde of whom the land or tenement is so holden whether it be in fee simple fe taile for terme of life for yeres or at wyll may of common right entre and distraine for the rent though there be no mencion at all ne clause of distresse put in the dede or lease I said before that yâ— nature of this rent seruice is to be coupled and knyt to the tenure For where no tenure is there can be no rent seruice And therfore if at this day I be seised of landes in fee simple and make a dede of feffement of the same to an other in fe simple reseruing by the same dede a rente thys can be called no rente seruice bicause there can be nowe no tenure betwene the feffoure and the feffee Otherwise it is of feffementes in fee simple made before the statute of Westmester the thirde called Quia emptores terraruÌ„ For before the making of yâ— statute if a man had made a feoffement in fe simple reseruynge to him a certayne rent yea though it had bene wtout dede here had bene created a new tenure betwene the feffoure and the feffee and the feffee shuld haue holdeÌ„ of the feffoure who by vertue of the same myght of common right haue distreyned for suche rent But at this daye by force of the sayde acte there can be no suche holdyng or tenure created nor begonne and consequently no rent seruice can be at this daye reserued vpon anye gyfte in fee simple except it be in the kinges case who being chiefe lord of all euer might and may giue landes to be holden of him Thus ye se that at this day no subiect can reserue any rente seruice vnto him onles the reuersioÌ„ of the landes or tenementes that he shall graunt be styll in him as where he grauntethe them in feâ— tayle or maketh but a lease for terme of lyfe or for certayne yeares or ells at wil. For in al these cases the reuersion of the fee simple remayneth styll in hym and therfore if here be anye rent reserued it is to be called a rent seruice and is of common right distreynable
tenemeÌ„tes or hereditamendtes Excepte that such disseasour hath had the peasible possession of the laÌ„des tenementes or hereditameÌ„tes wherof he shal so die seased by the space of fiue yeares nexte after the disseâ—sin by him commytted without entre or continual clayme by such as haue lawful title therunto ⧠The limitation of prescriptioÌ„ inacted anno xxxii Hen. viij NO person shal sue or maynteine any writte of right or make any title or claym to any laÌ„des tenemeÌ„tes rentes annuities commons pensions porcions corrovies or other herevitamentes of the possession of his ancestor or predecessor and declare any further season or possession of his auncestour or predecessor but onely of the season or possession of his ancestor or predecessor whiche hath bene seased of the same within .lx. yeares nexte before yâ— teste of the same writte or next before the said title or claime so to be sued Also no persone shal sue or mainteine any assise of Mortancestor Cosinage Ayle writ of entree vpon disseason done to any of his auncestors or predecessors or any other action possessary vpon the possession of any of his auncestours or predecessours for any landes or other hereditamentes of any further season or possessioÌ„ of his ancestor or predecessor but onely of the season or possession of his ancestour or predecessor whiche was seased of yâ— same wythin fifty yeres next before the teste of the oryginall of yâ— same writ And no person shal maynteyne any action for any landes or other hereditamentes vpon his owne seasone or possessioÌ„ therin aboue .xxx. yeares next before the teste of the original of the same writte Item no person shal make any auowry or cognisaunce for any rent suite or seruice alledge any season of the same in his auowry or cognisance in the possession of his ancestors or predecessours or in his owne possession or in yâ— possessioÌ„ of any other whose estate he shal claym to haue aboue fifty yeres next before the making of the sayd auowry or conysaunce Moreouer al formdownes in reuerter formedownes in remainder and scÃre facÃas vpon fyâ—es of landes or other hereditameÌ„tes at any tyme to be sued shall be taken wythin fifty yeres next after the tytle of action fallen And if any person do sue any of the said actions or writtes for any laÌ„des or other hereditameÌ„tes or make any auowry conysance prescription or claime for any rente suite seruice or other hereditamentes and can not proue yâ— he or hys ancestours or predecessours were in actuall possessioÌ„ or seasoÌ„ therin at any time wtin yâ— yeares before lymited if the same be trauersed or denied by yâ— partie plaintiffe demandant or auouant or by the partie tenant or defendaÌ„t he and his heires shal from henseforth be vtterly barred for euer of euery the sayde wryttes actions auowries conisance prescription title and clayme hereafter to be sued or made for yâ— same laÌ„dê tenementes or other the premisses for which the same action wrytteâ— auowry conysaÌ„ce title or claime hereafter shal be at any tyme sewed or made Prouided that al persons whiche now haue any of yâ— said actions writtê auowries scire facias conisance prescription title or claime depending or that hereafter shal sewe or bring any of the sayd writtê or actions or make any of the said auowries cognisances prescription titles or clayme at any time before the feaste of the ascention of our Lorde which shal be in the yere of our lord a thousand fiue hundreth forty and syxe shal alledge the season of their ancestours or predecessours or their owne possession and season also haue al other lyke aduantage in the same writtes actioÌ„s auowries conisances prescriptions and claymes as they myght haue had before yâ— making of this statute Prouided also that if any persones beinge nowe within the age of .xxi. yeres or couert baroÌ„ or in prisoÌ„ or out of this realme of EnglaÌ„d now hauing cause to haue or bring any of yâ— saide writtes or actions or to make any auowries cognisances prescription or claymes it shal be lauful to such persoÌ„s to sue or briÌ„g any of the said actioÌ„s or to make any of the said auowries cognisances titles or claimes at any time wtin syxe yeres nexte after such persons nowe being within age shal accomplish the age of .xxi. yeres or now beyng couert baroÌ„ shal be sole or now being in prison shal be at their lybertie or nowe being out of this realme shal come be within this realme And that euery such persons in their sayd actions auowries conisaÌ„ces titles or claimes to be made sued or commenced wtin the said syxe yeares shall alledge the season of their auncestours or predecessours or of their own possession or of the possession of those whose estate they shal thaÌ„ claime And also within the same syxe yeares shall haue lyke aduantages in yâ— same as they might haue had before yâ— makiÌ„g of this acte Prouided also that if the sayd ê‘sons now being within age or couert baron in prison or out of this realme do dye within age or being couert or while they shal be in prison or out of this realme or decease wtin .vi. yeres next after they shall accomplysh their ful age or shal be at large within this realme or shal become sole and no determination or iugement had of such titles actions or rightes so to them aâ—rewed then the next heir of such persons so dying shal enioy lyke aduantage to sue demaund aduow declare or make their sayd tytles claymes or prescriptions within .vi. yeares nexte after the deathe of such persons as yâ— same infant after hys full age or the sayde woman couert after the death of her husband or the same person beinge oute of this realme after hys repayre or commyng in to the 〈◊〉 or the saide ê‘son imprisoned after his enlargemeÌ„t and commyng out off pryson myght haue had wythin .vi. yeres then nexte ensewyng by force of the prouision last before rehersed â–ª Prouided also that if any persons before the sayd feaste of the ascention sue any of the said actions or make any auowry title or clayme the same happen by the death of any the parties therunto to be abated before iugemeÌ„t or determination therof had then the sayd persons being demauÌ„dantes or auowantes or making any such cognisaunce prescription tytle or clayme being than on lyue and if not than their next heires may commence their action and make theyr auowry conisaunce or clayme vppon yâ— same matter within one yeare nexte after suche suite abated and shal haue like aduaÌ„ttage to sue demaund auow declare or make their said titles claymes or prescriptions within the sayd one yeare as the demaundantes in suche writte or suite abated or as suche as did auowe or make conisance title clayme or prescription myght haue enioyed in the sayd former action or suite Prouided furthermore that if any false verdit happen herafter to be giuen in any of the sayde actions sutes auowres prescriptioÌ„s tytles or claimê than the