The Principal Laws of England

What is law.

T He law is the direction & ministratiō of justice, & justice is as Justinian saith in his institutions a constante & permanent mind and will to render unto every person his right and duty. The prudencye of law is a knowledge of divine and of human things, a science and perfect notice of equite and iniquity, of righteousness and vnrightuousnes. And forasmoche as a great portion of the prudency or science of the laws of this realm consisteth in the perfect knowledge of estates that men have in lands and tenements: we shall first as compendiously, and as simply and playnlye as we can, treat of estates.

A division of estates.

YE shall therefore vndersand, that who so ever hath any estate in lands or tenements, either he hath in the same only a chatell, or a free hold, or an inheritance. If he hath an estate in any lands or tenement{is} but for term of certain years, or at his landlordes will: so is it called a chatell, if for term of his life or of another man's life, it is called a free hold, or frank tenement. And if he hath it to him and to his heirs in fee simple, or in tail: then we say he hath an estate of inheritance.

Tenaunte for term of years.

TEnaunte for term of years, is he to whom lands or tenements be dimised and lessed for the term of certain years, as is agreed bitwene the landlorde & the tenant. And when the lessee I mean him to whom such lease is made doth entre by force of the said lees, and is in actual possession of the same: than he is called tenant for term of years.

And here ye shall note, that if the lessour that made the lees hath reserved unto him a yearly rent upon the said lees (as it is accustomably used to be done) if the rent be behind vnpayde, it shall be in his free liberty & election either to entre and distrayne for the rent, or to bring an action of dette against him at the law for the arreragies of the same. But in this case it is required, that the lessoure were ceased of y ^• lands or tenemētes at the time of the making of the lease, for otherwise it shall be a good plee in the action of dette for the tenant to say, that the lessour had nothing in the lande or tenement at the time of the lease made: except the leas • were made by deed indēted, for than the plee shall not lie in the mouthe of the tenant or lessee to plede.

And it is to be known that in a lease for term of years, by deed or without deed, there need no lyuerye of seasone to be made to the less, but he may entre when he will by virtue of his lease, without any further ceremonye of law.

Note also, that if a man lesseth lands for term of years, though the lessoure chanceth to die before the lessee doth entre, yet the may entre well enough. Otherwyse it is where as lyuerye of seasone is to be made: as in free holds, and in inheritaunces.

Also if the tenaūt for years doth waste, the landlorde may bring an action of waste against him, and shall recover the place wasted, and his treble damages.

Tenaunte at will.

TEnaunte at will, is he to whom lands or tenements be lessed to have & hold the same at the will of the lessoure. And in this case the lessoure may put out his tenant at what time him lysteth. But yet nevertheless, if the tenant have sowed the grounds with corn, in this case if the lessoure will entre and put out his tenant before harvest, the law will give him free coming and going to reap and carry his corn away without any punyshment or damage to be sustained for his sodoynge because he knew not at what time the lessoure would entre. But otherwise it is of the tenant for certain years, for if he soweth y ^• ground and the term of his lease be come out and expired before the corn be type, in this case that lessoure or he in the reversion may entre and take the corn, because it was the folye of the tenant to sow the ground, knowing the ende of his term.

In like wise tenant at will shall have free coming and going after the time of the lessoures entree, to carry away his household stuff and goods for a reasonable space.

Ye shall also understand, that he that maketh a lease at will, may reserve an annuell or yearly rente, in which case if the rent be behind, he may entre very well and distreyn the goods and catells of the tenant, or at his election bring an action of dette against him.

Also it is to be known that tenant at will of a mese or tenemente is not bound by the order of law to sustain and repair the houses that be ruynouse, as is the tenant for years, and therefore none action of waste lieth against him. Yet if he do wylful waste: as if he plucketh down the houses, or cuttethe down the trees: it hath been thought by the sages of the law that the lessoure may bring an action of trespace against him and recover his losses thereby sustained.

Tenaunt by copy of court rolle.

THere is another kind of tenant at will, which is called tenant by copy of the court rolles. And this is when a man is ceased of a manner within which, it hath been used time out of mind, that the tenauntes within the precincte of the said manner, have holden lands and tenements to them & to their heirs in fee simple, fee tail, or for term of life, at the will of the lord according to the custom of the manner. And such a tenant cannot aliene or sell his land by his deed, for if he do, the land or tenemente that is so aliened and sold, is forfayted into the lords hands, but if he wol alien his copy hold lande to another, he must according to the custom, come into the lords court, and there surrender it unto the lords hand, to the use of him that shall have the state. The form • of which surrender is cōmonlye used to be this.

Ad hāc curiam uenit A. de A. & sursum reddit in eadem curia unum mesuagium. &c. in manus domini ad usum C. de D. & heredum suor • uel heredum de corpore. &c. Et super hoc uenit praedictus C. de D. & coepit de domino in eadē curia mesuagium praedictum, habendum & tenendum sibi. &c. ad uoluntatem domini secundum consuetudinem manerij, faciend. & reddend. inde redditus, seruitia, & consuetudines inde prius debitas & consuetas. &c. Et dat domino pro fine. &c. Et fecit domino fidelitatem.

These as I said be called tenauntes by copy of court rolle, because they have none other evidence to show concerning their lands, save only the copies, of y ^e rolles of their lords court.

Neither can these tenauntes sue or be sued for such lands, in y ^• kings court by write or otherwise, but if they will implede or sue others for such copy lands, they must do it by way of playnt in the lords court after this sort.

A. de B. queritur uersus C. de D. de placito terrae, uidelicet de uno mesuagio, xl. acris terrae .iv. acris prati &c. cum pertinen̄. Et facit potestationem sequi quaerelam istam in natura breuis domini regis assise mortis antecessoris ad cōem legem uel &c. plegii de prosequēdo F. G. &c.

Now although some such tenauntes have an inheritance according to the custom of the manner, yet in very deed they are but tenant{is} at the will of the lord. For, as some men think, if the lord will expel them and put them forth, they have no remedy at all, but to sue unto their lord by weye of petition, desyrynge him to be good unto thē. For if they might have any remedy by the law then should they not be called (say they) tenauntes at the will of the lord after the custom of the manner. But other men of no less learning and prudency have been of contrary sentence: as lord Bryan chief justice, in the time of king Ed. the iv. whose opinion was always, that if such tenant by the custom (payenge his services) be ejected and put forth by his lord without cause reasonable, he may very well bring and maintain an action of trespace against his lord at y ^• common law: as appeareth termino Hilarij anno. xxj. E. iii. Also lord Danby chief justice in likewise, was of the same judgment: as appeareth Termino. Mich. anno. vii Ed. iv. where he saith that the tenāt by the custom is as well inheritable to have his lande after the custom, as is he that hath a free hold at the common law, but the determination of this question I remit to my great masters, which cā solue the knottes and enigmaes of the law.

For asmoche as yet still of this matter, Causidici certant & adhuc subiudice li • est.

Also ye shall understand, that the usage of some Manor is, when the tenant will surrender his land to the use of another, that he shall take a wande in his hand, and deliver it to the steward of the court, and the steward shall deliver the same wand in name of seisin to him that shall take the lande: and such a tenant is called, tenant by the verge. Diuerse other customs there be of surrendryng of copy hold lands, which here for tediousness I will omytte. And forasmoch as tenauntes by custom of the Manoure, have by the course of the common law no free hold: therefore they be called tenaūtes of base tenure.

Hytherto I have treated of the first member of our division, that is to wit, of chatelles, for as I said, all leases for term of years, and at will be accōpted in the law but as cateles and be comprysed under that name, save that they be called cateles reals where as kyne, oxen, horses, money, plate, corn, and such like be called chatell personalles. Now we will proceed to thexplaniciō of the second member, that is to say, of free holds

A division of free holds.

FRee holds or frank tenemētes a man may have in sundry wyses, for ether he is ceased for term of his own life, or for term of another man's life. If he be sesed for term of his own life, either he have gotten such estate by way of purchase, or else the law hath entiteled him thereunto. I call it by purchase, whether he cometh unto it by his own bargaining and procuremēt, or by the gift of his friend, and I call it by the operation and intitelynge of the law, whan a man maryeth a woman that is an in heritres, and hath issue by her, and she dieth, now shall he have the lands durynge his life by the course of the law, and shall be called tenant by the curtesye of England.

In likewise, if a man be ceased in fe • simple: or fee tail of lands, and taketh a wife, and he dieth, the law giveth unto the wife the third parte of her husbands lands for term of her life, and she shall be called tenaūt in dower.

Tenaunt for term of life.

TEnaunte for term of life, is he that holdeth lands or tenemētes for term of his own life, or for term of an others life. Howe be it the most frequent and common manner of speaking is to call him that hath estate for term of his own life, tenant for life, and him that hath estate for term of an others life, tenant pour term dautre vie, that is to say, tenant for term of an others life.

Ye shall note, that like as he that maketh the lease is called the lessoure, & he to whom the lease is made is called the lessee, so he that maketh a feffement is called the feffoure, and he to whom the feffement is made, the feffee.

Also if tenant for term of life, or tenant for term of another man's life do wast, the lessour or he in the reversion shall maintain very well an action of waste against him, and shall by the same recover treble damages.

Finally, ye shall understand that by an act of parliament made in the xxvii. yere of our Souerayne lord that now is, king Henry the eight, it is enacted that no free hold, nor estate of inheritance shall pass ne take effect but by deed indented, sealed & enrolled in one of the kings court{is} at Westmynster, or else within the same county where the lande doth lie: as by the said act more at large appeareth.

Tenaunt by the curtesi.

TEnaunt by the curtesye of England, is he that hath married a wife inherited, and hath had issue by her, and she is dead, in this case the law of England permytteth and suffereth the husband of such wife to retain all his wives lands that she had either in fee simple, or fee tail so longe as he liveth: And this is by the curtesye and vr • anitie of England, for this thing is used in none other region.

But in this case it is required that the child ve vital, that is to say, be borne and brought forth i • to this world alive, and therefore the common saying hath been, that unless the child be hard cry, the father shall not be tenant by the curtesye, for the only prove and argument of life in an infaunt new borne is the vagite and cryenge.

Ye shall furthermore understand, that unless the husband be in actual and real possession of his wives lands, & ceased of them in her right, he shall not be tenant by curtesye after her death. And therefore if lands descend to a man's wife, so that she is tenant in the law, and to every man's accion, yet if the husband have not made an actual entreedurynge the couerture and matrimony between the • he shall not be tenaū • by the curtesye, for it shall be reputed and iugged his folly and negligence that he would not entre in her life time.

Otherwyse it is of aduousons, •• ̄tes, and such other things, which forthwyth when they descend be in a man or woman without any entre or further ceremonye of law.

Note, that if tenant by the curtesye of England will suffer or make any wast in the lands or tenemētes that he so holdeth, he is punyshable therefore by action of wast.

Also it is to be known, that of things that be in suspense, a man shall not be tenant by the cur •• sye, and therefore if a man be the tenant in fee simple of certain lande, and doth entremary with a woman that is the seignoresse or lady of the same and hath issue by her, and she dieth, yet he shall not be tenant by the curtesye of the lordshyp of seignorye, because himself is tenant of the land, and therefore the lordeship is suspended for the time, for a man cannot be both lord and tenant of one thing but if he had not been tenant of the lande, he should have had the lordeshyp after the death of his wife by the courtesy of England very well.

Of tenant in dower.

TEnaunte in dower, is she that hath been married to an husband that was during the matrimony between them seised of lands▪ or 〈◊〉 in fee simple or fee tail▪ which is now deed and she ceased of the thy • depart of her husbands said lands for term of her life. For by the common law of the lande, if the husband be at any time during the couerture ceased lawfully, whether 〈◊〉 be by purchase or by descent, 〈◊〉 the • in fee or in tail, & die, his 〈◊〉 to be endowed by the course of the common law of the third fo • e. And in some places by an ancient custom she shall be endowed of the 〈◊〉 ▪ yea and though 〈…〉 ceased actually durying the courture, yet if the lands be caste upon 〈◊〉 by the law, so that the law calleth him tenant to every man's action, it sufficeth for the woman to demand her dower, for it were unreasonable, that the negligence 〈…〉 of entrynge of the husband should hurt the wives 〈…〉 .

Otherwise it is, as I said before, of tenaūt by the curtesy, for if lands descend to a woman covert and the husband for slothfulness or negligence doth not entre in his wives life he shall not be tenant by the curtesi • 〈◊〉 by all laws the wife oweth obedience and subiectiō to her husband and therefore she cannot compel him to entre, but when lands descend to the wife, the husband only have power to entre at his pleasure.

And ye shall understand, that unless the wife be passed the age of ix. years at the time of her husbands death, she shall not be endowed by the common law.

But it is to be known that a womā may by diverse ways estoppe and preuidi • e her self of her dower: as if she commyt any crime for which she is atteynted of treasone, murdre or felonye, • he get •• no dower, not wythstandyng she hath obtained her pardon.

Also if after the death of her husband she taketh a lease for term of life of the same lands whereof she is indowable she loosed her dower of the same. Moreover if she departethe from her husband and lyuethe in aduoutrye with another man, and not reconcieled again to her husband without coercion of the ecclesiastical power, she lesethe her dower after her husbands death.

She shall be also barred of dower if she will wythholde from the heir the charters and evidence concerning that lande whereof she asketh dower: But none other save the heir can wytholde her dower for this cause.

It may not be unknown also of what things she may demand dower, and of what things not. Of lands messuagies, aduousons, rent charges, rente seruyses, or signories in gross or otherwise, of villaynes, of commons certain, of estouers, certain, she is dowable. But of commons, and estouers sans number, also of annuities, of homage, of thing{is} of pleasure, as of seruyces of paimet of roses, and semblable she shall not be endowed.

There be yet two other kinds of dower, the one is called dowment ex assēsu patr • is, and the other is called dowment de la plus beale {per}tie. that is to say, of the fairest parte.

Dowment ex assensu patris, is whan the father is ceased of lands in fee, and his son which is heir apparaunt endoweth his wife at the church door, whan he is espoused, of parcel of his fathers lands, with the assente of his father in wrytinge testifienge the same assent, if in this case her husband die, she may forthwyth entre into the laudes so assigned unto her w ^t out further app • yntynge or process of law, although the father of her husband be yet alive & in actual possession of the lande. But if she thus do, and take her to this endowment at the church door she cannot have her dower by the common law of the third parte of all her husbands lands, or any parcel of them how be it if she will refuse this assignment made unto her at the church door, and demand dower at the common law, she may very well.

A man may also endow his wife at the time of the spousailes of his own lands, which he hath in his own possession, and that dower is called dower ad ostium ecclesiae

Dowment Dela plus beale, that is to say, dowmente of the fayreste parte shall be in this case. Whan a man is ceased of lands which he holdethe of another man by knyghtes service, and of other lands which be of socage tenure, and hath issue, which is within the age of .xiv. years & die, and the lord of whom the lande is holden by knyghtes service entrethe in to the lande holden of him, and the mother of the child entrethe in to the socage tenure as gardeyne in socage, if in this case the woman will bring a wrytte of dower against the lord which is gardeyne in cheualrye, he may plede the special mater and show, howe she as gardeyne in socage hath so moche lande and pray the court that she may be suffered to endowe her self of so moche lande being in her own custody, as amounteth to the third parte of the hole lands. And than the judgment shall be, that the gardeyne in chyualrye shall retain the lande holden of him quite from the woman duerynge the non age of the ward. After which judgment she may go and in presence of her neighbors endowe her self of the best parte of that which is in her custody, amountynge to the third parte of the hole, and than is she called tenant in dower de la plus beale.

A division of inheritaunces.

HYtherunto I have spoken of free holds, now, it remaineth to treat of inheritaūces, not that inheritaūces be no free holds, for they be free holds also, but the other estates of which I have here tofore treated be only free hold, and of no higher nature, where as a state of in heritance, although it • e a free hold, yet it is not to be called by y ^t name, scythe it is a far more excellent and greater estate. But ye shall understand that of inheritaunces some be of more amplitude and excellencye than other some be, as that inheritance which is pure, simple, and without limitacion of what heirs, is it called fee simple. But when I make a limitaciō of what heirs, thā is it called fee tail, of which also be two sortes, as hereafter more at large shall be declared. Now the nature of fee simple is to be setforth with our accustomed compendiousnes.

Fee simple.

FEe simple is (as I said) the most ample & large inheritance that can be in this realm diuised or excogi • ate, as that which a man hath to him and to his heirs simply without any further limitacion, for whether they be of his own body begot ten or not, so that they be the next of his kin, and within the degrees it sufficeth.

So then tenant in fee simple is he that hath lands or tenements (whether it be by purchase or by descent) to him & to his heirs forever. For if a man will purchase lands in fee simple, he must needs have these words, his heirs, in his purchase, for these be the only words that make an estate of inheritance. Therefore if lands be given to a man forever & no mention be made of his heirs: he hath an estate but for term of his life, because these words (his heirs) do lack.

Yet nevertheless, if a mā by his testament doth devise lands to another in such where the custom will serve so to do, though he maketh no mention of heirs, but saith that he bequethethe to such a person such • lands, to have & to hold to him and to his assigns for evermore: here a state of inheritaūce doth pass, for in testaments the will and intent of the testaour is to be pondered, & not the formal & prescripte words of y ^• law.

Also these terms in the law, frank marriage, and frank almo • e that is to say, free marriage and free almose do include in them words of inheritance. And therefore if I give lands to a man with my daughter in frank marriage without further addicion or mencion of heirs, this is an estate of inheritance, as we shall hereafter declare more plentiouslye. In likewise it is of lands given to an house ecclesiastical in pure & frāk alms. Moreover if lands be given to a mā & to his blode, or to him & to his seed, he hath in both cases a state of inheritaūce for in y ^• one he hath a fee tail, & in the other a fe simple. For this word seed, and blood, and such like do imply words of inheritance.

But now it is to be seen who be said a man's heirs in the law. Ye shall therefore know, that my brother or syster by the half blood, that is to wit, by the fathers side, and not by the mothers, or contrary wise by the mothers and not by the fathers, shall never be mine heir, nor none that come of them.

Neither my bastard can be mine heir, nor mine own natural father ne mother, nor grandefather ne grandmother can be mine heir.

For it is a principle and ground in the law, that inheritance may linially descend, but ascend it may not. And therefore if I have lands in fee simple and die without issue of my body, my father cannot be mine heir, but my fathers brother or syster shall, and then if my uncle or aunt die ceased without issue, my father shall have the lands as heir to mine uncle or to my aunte, but heir to me he cannot be. But it may go from me to mine uncle or aunte well enough, for that is not called a linial ascension but a collatrall.

And ye shall note, that by the commō law of this realm, my eldest son shall have the hole inheritance, and after him if he hath no issue, the seconde son, and so forth. And if I have no sons but daughters, than shall all the daughters together inherit, if I have no issue at all, neither son • es ne daughters, than shall my eldest brother in heritage succeed me but if I have no brother, than my systers if I have any, if not my uncle by my fathers side, if the lands be of mine own purchase. And to be short if there be none in life of my fathers side, it shall goo to my mothers side, and if there can be found no heir neither by fathers side ne yet by mothers, then shall it reuerte and eschete (as they call it) to the lord of whom it was holden, for every lande must needs be holden of some lord, as shall be here after shown. But if lands descend unto me by my mothers side, than if I fail of issue, the lands shall descend only to my heirs of my mothers side, & never to mine heirs of my fathers side: as on the contrary side, if I have lands or any hereditamentes by discēt frō my father or his blode, they shall never descend to my heirs by my mothers side.

Thus ye se a great difference in this behalf, bitwene purchased lands and lands which descend from my auncestoure.

If there be three sons, and the myddell son purchaseth lands & die without issue, the heldeste shall have the lands and not the youngest.

Also it is a principle in our law, that none can be mine heir of land{is} that I hold in fee simple, unless he be mine heir by the hole blode that is to say, both by father and mother, for if a man hath issue two or three sons by sundry wives, and the eldest purchaseth lands in fee and dieth without issue, his half brethren I mean those y ^t be not his brethren both by the fathers side & mothers side shall not have the lande, but it shall go to his uncle. Lykewyse if a man hath by his first wife a son and a daughter, and by his seconde wife another son, and the son by the first wife purchaseth lands in fee, and dyethe without issue: the syster german shall have the lands by discēt as heir to her brother, and not to the yōger brother. Otherwise it is of lands or other hereditamēt{is} entailed as shall be hereafter specified.

Also if a man be seised of lands in fee simple, and hath issue a son and daughter by one wife, and afterward a son by another, and dieth, and the eldest son entereth in to the lands, and after dieth without lawful issue of his body, the daughter shall have the lands and not the youngest son, and yet the youngest son is heir to his father, but he is not so to his brother. But if in this case the eldeste son had not entered after the death of his father but had died before any entre made by him, than shall not the syster germaine entre but the younger brother is heir to his father, because the eldest brother was never in actual possessiō, which is requisyte to y ^t person that claymeth to be heir collaterallye. But to the lyniall heirs, it sufficeth that the auncestour should have been heyr if he had lived, I mean as thus. A man is ceased of lands and hath issue, a son & daughter by one wife, and afterward a son by another, he dyethe, the eldeste son entrethe not, but dieth without issue before he can make any actual entree, his syster shall not have the lands as heir to her brother, because her brother was never actually possessed, but y ^• yōger brother shall have them as heir to his father. Yet if theldest son in that case had left behind him issue of his body, whether it had been sonne or daughter, this issue not wythstandyng that the father of the issue was never possessed either actually, or in y ^e law, shall have the lands, and shall convey his descent from his father, for the son or daughter is linial heir, where as the brother, sister, uncle, aunt. &c. be heirs collateral, and so observe a dyuersitie.

I call an actual possession, whan a man entereth in deed in to lands to him descended, but a possessiō in law, is called when lands be descended to a person, ann he hath not yet real lie and actually ētread in to them. For notwythstandydge that he is not in actual possession yet he is possessed in the law, that is to say, in the eye & consideration of the law, for as much as he is tenant to every man's action that will sue for the said lands, for else there should insue an intolerable inconvenience, as we shall more copyously open in another place.

Ye shall understand that this word inheritance is not only to be accommodate and applied to that which cometh by discente from a man's ancestors: but also to every purchase in fee simple, or fee tail.

Fee tail.

Ye shall understand, that before a certain statute called the statute of Westminster seconde, there was no state tail, but all was fee simple, either purely that is to say, without condition or condicinallye: as appeareth by the pretence of y ^• said statute, but now sythens the promulgating of that statute diverse forms of state tales have risen.

Fee tail is whan it is prescribed and lymytted in the gift, what heirs and by whom engendered shall inherit. As for example I give lands to a man and to his heirs and go no further, this is fee simple: but if I make a limitation, and add of his hody begotten, now is it fee tail that is to say, a fee or inheritance limited, prescribed, determinate, or assigned. So that if I give lands to a man and to his heirs, he hath fee simple, but if I give lands to him and to his heirs of his body lawfully begotten, he hath but a fee tail, for asmoche as I appoint, lymytte, prescribe and determine the heirs, and for lack of such heirs the gift shall be expired and worn out, & the lands shall reuerte again to the gyuer or his heirs.

But ye must observe that there bo two kinds of fee tail. There is a general tail, and there is a special tail. Fee tail general is as where lands be given to a man and to his heirs of his body begotten, without any mencyonynge and expressynge by what woman they are to be begotten. And therefore yfa mā be tenant in the general tail of lands, and taketh a wife and hath issue by her, and she dieth and afterward he takethe another wife, of whom he hath also other issue, here either of these issue is inheritable to this land entailed. But if I express in the gift by what womā the heirs shall be procreate and ingēdred, then is it an especial tail, as for example to make the thing plain, if lands be given to a man and to the heirs of his body lawfully begotten by Katherin his wife, this is an especial tail, for the issue of him begotten by another woman, shall never inherit by force & virtue of the tail. Lykewyse it is, if lands be given to a woman and to y ^• heirs of her body law fully begotten (& show not by what man) this is a general tail, but if I add & say by such a man her husband, than is it an especial taylle.

Also if I give lands to a man and to his wife, and to the heirs of there two bodies lawfully begotten: this ys an especyal tail, as well in the husband as in the wife,

Semblably it is, if a man giveth lands to another man with his daughter or kynswoman in francke marriage, this emplyeth a state tail especial, and in this case as well the man as the woman hath estate in in the special tail.

But if I give lands to a man and to such a woman, and to his heirs that he shall beget of her: here the woman hath estate but for term of her life, and the husbands an estate in the especyall tail. In likewise it is on the womans behalf, as if I give lands to a man and to his wife, and to her heirs of the body of her said husband engendered, he hath an estate but for term of life, and she an estate in the specyall tail. But in both cases, if I had said to the heirs and not his or her heirs, than should either of them have had an estate in the specyall tail, because this word heytes is as well referred to the one as to the other.

Ye shall also understand, that if lands be given to a man, ond to the heirs males of his body, this ys a state tail, and in this case the heir femalle shall never inherit.

Finally it is to be noted, that of lands which a man hath in fee simple, the possession of the brother shall cause the syster germayne that is to say, the syster both by the fathers side & mothers, to inherit, and not the brother by the half blod, as here tofore was said, but of lands which be entailed otherwise it is. Therefore if a man be seysed of lands in the general tail, and hath issue by his furst wife, a son and a daughter, and also a son by another wife, & dieth, and the eldest son entereth in to the lands & after dieth, the suster germayne shall not have the lands but the younger brother of the half blode, because whosoever shall inherit lands in tail, must claim them as next and immediate heir, not to him that dieth last ceased of y ^e land{is}; but to him unto whom the lands were first given, which in the case before remembered, is the son and not the daughter.

Thus ye shall mark observe a great diversity bytwene the form of successyon in lands of fee simple, and the form in fee tail.

Tenaunt after possibility of issue extincte.

WHan lands or tenements be given to a mā and to his wife, and to the heirs of there two bodies lawfully begotten, if in this case either of them chance to die before they have issue between them, he or she that ouerlyueth his still tenant in tail, but without all possibility of any issue that can be heir to these lands entailed, and for this cause he or she thus ouerlyuynge is called tenant after possibility of issue extincte, for in such a tenant is all possibility of issue that may be inherytable to these lands by force of the gift in tail utterly extincte and quenched, and by his or her death the state tail shall expyre, cease, and be abolyshed forever and shall reuerte again to the gyuer or donoure from whence it came.

Yet forasmoche as this tenant after possibility of issue, had ones an inheritance in him, he shall not be punyshede by an action of waste, though he maketh never so moche waste in the lands and tenements, whereas yet in effect he is but a tenant for term of life.

Of perceners.

Hitherunto I have made a compendious and short declaracyon of estates of all sortes. But where I said that among susters there is no prerogatyue or preminence concerning the inheriting of their auncestoures lands, but that they shall be all together inheritors, and make as it were but one heir: it is expedient to make a further process in this behalf, and to show howe & in what manner this partition shall be made.

But ye shall understand that there be beside parceners at the common law, which be only susters, also parciners by custom, which is amongst brothers contrary to the course of the common law, and this custom is in Kent, and in other places where lands and tenemētes be of the tenure of Gauel kind.

Ye shall thefore know y ^• whan a mā is seised of lands in fee simple or see tail, and hath no issue but daughters, and die, and the daughters do enter in to the lands thus descended unto them, now they be called parceners, or coheyres, & by a wryt called, De {per}titione facienda brought by on of them against the others, they shall be constrained by the law to suffer an egall particion to be made of the lands bytwene them.

Now partycion may be made in sundry ways. One way is whā they them selves do make particion bytwene them of the hole herytage and do agree unto the same and entre everyone in to her parte so allotted unto her.

An other is whan by all theyre agremente an consent one common friend do make the particion. In which case the eldest syster shall have the first election, and after her the seconde suster, and so forth. But if they agree that theldest suster shall make the particion, and she maketh it, then theldest shall not choose first, but shall suffer all her susters to chose before her, as it is thought.

There is also another form of particion, which is egally to divide the lands into so many partes as there be coheirs or parciners, and to write every parte so divided in a several scroule of paper, and to put the said scroulles in to a bonette, or to enclose them severally in balls of wax, and than the eldeste suster to choose which balle she wit, or to put her hand in to the bonet and to take a scroule, & to hold her to her chance and allotment, and so consequentlye every suster after other.

And ye shall note, that particion by agrement may as well be made by nude and bare words without writing as by writing.

That if any of the parceners will not suffer any particion to be made than may the other that would have partition, purchase a write called De partitione facienda against them that refuse partition, to compel the same to suffer partition to be made accordyngly, and than by the judgment of the court the sheryfe by the seremente of twelve men shall make particion bytwene them, and shall assign to eche suster her portion, as he shall think good, without giving any election to the eldeste.

And if two Manours of meeses descend to two susters, and the manners be not of egall value, than may she, to whom the less manner is allotted, have assigned unto her a rente proportionably out of the others manner.

Finally, ye shall understand, that if a man be ceased of lands in fee semple, & hath issue two daughters, and giveth with one of his daughters to another man that is to mary her the third or fourth parte of his lande in frank marriage, and dieth, if in this case the daughter that is in this wise auaunced, will have her porcyon of her fathers heritage, she must put her lande given unto her in francke marriage in hochepot new again. I mean she must be contented to suffer her said lands to be commixte and mengled with the other lands of which her father died ceased in fee simple, so that an equal division may be made of the hole, or elles she shall have no parte of those lands, of which her father died ceased. But if her father had made unto her but a common gift in tail, or a feffemēt in fee, she should not need to put her lands in hochepot, but may retain them still, & also have as good a part of the rest of the lands of which her father died ceased, as her other sister or sisters. For a gift in francke marriage, is accounted the moste free or moste liberal gift that can be, and that which the law iudgethe to be only for the advancement and be stowynge of the daughter, where as feffementes in fee and also common gifts in tail be accustomably for other causes, and for the advantage rather of the gyuour, or feffour then of the taker.

Of conditions.

FOrasmoche as every estate is either pure, or condicionall, it were not amiss somewhat to make a declaration of the nature and efficacye of conditions. Wherefore ye shall under stand that of conditions, some be actual conditions, & be called express conditions or cōdicions in deed, and other some be cōdiciōs in law which be called also in latin, Condiciones tacitae, sieve condiciones implicitae, because they be secretly implied by the law and not expressed.

Condicions in deed be such as be knyt and annexed by express word{is} to the feffemente lease or graunter either in writing or without, as for exēple if I infeffe a man in certain lands reseruynge to me & to my heirs so moche rente yerlye to be paid at such a feast, and for defaute of payment, that it shall be lawful for me to reentre, this is a feffement upon condition of paymente. For the not payment of the rent shall dissolve the fefment. Semblably it is of gifts in tail, leases. &c.

But if the condition be, that for default of paymente of the rent, it shall be lawful for the feffoure to entre again in to the lands, and to hold them till he be satisfied of the rente, this condition not performed doth not dissolve the feffement, but only giveth to y ^e feffour an authorytie to retain the lands (as it were by way of distress) till he hath leuyed the arr • ragyes of the rent.

And ye shall observe, that conditions be sometime made to be performed on the feffees behalf, and sometime on the feffours behalf.

On the feffees behalf, as whan I infeffe you of lands upon cōdicion that ye shall do such an act, as to pay unto me or to mine heirs such annual rent.

On the feffours behalf, as whā I make a feffement unto you upon cōdicion that if I pay or cause to be paid unto you before such a day such a some of money, than it shall be lawful for me to entre again & retain my lands in my former estate In this case ye that be the feffee, are called tenant in mortgage, which is as much to say as a deed gage, and it semethe that the cause why it is so called, is for asmoche as it is doubtful whether the feffoure will pay at the day prescribed such some of money for the redemption of his lands or no, for if he do not, his title or intresse in the lands thus gaged, & oppignorated is utterly extinct with out all hope of renuynge.

Ye shall note that if the morgageoure dieth before the day of payment, his heir may redeem the land very well even as well as his auncestoure that mortgaged the land might have done although there be no mention made of heirs in the wrytinge.

And if whan the money is lawfully by the morgageour or his heir proffered, and the feffee refuseth to receive the same, the feffoure or his heir may entre, and then hath the feffee no remedy for his money at the common law.

Ye shall understand also that some conditions be utterly void in the law, and of none efficacy or strength, as if a feffement be made of lands in fee simple upon condiciō that the feffee shall not alien or put awey this same to none other, this condition I say is void, because the feffee is restrained of his hole pour that the law giveth in such case unto him, and which power and liberty, is in manner included in every feffement. Yet I may abbrydge him of parte of his pour, as to condition with him that he shall not aliene the land{is} to such a person or such. But of gifts in tail other wise it is, for if I give lands to a man and to the heirs of his body lawfully begot̄ upon condiciō that he nor his heirs shall aliene the lands to none other person, this condition is good and effectual in the law, and if he or his heirs contrary to the condition do aliene them, than the gyuer or his heirs may very well entre and retain the lands forever, because this condition doth stand with the forenamed statute of Westm̄ seconde which prohibiteth such alienaciōs to be made.

Hitherunto I have spoken of conditions in deed, now will I show what be conditions in law that be annexed to any estates.

Knowe ye therefore, that if the office of a parker, or steward, or such like office be granted to a man for term of his life, though there be no cōdicion at all mencioned in the grant, yet the law speaketh a condition in this case, which is that if the partye to whom such office is given shall not execute all points apperteynynge unto his office accordingly, it shall be lawful for the graūtour to entre and dyscharge him of his office and this condition is called a condition in law.

Of lyuery of season, and of atturnement.

IN all feffemētes, gifts in tail leeses for term of life, or for term of an others life of lands or tenements, there can be no alteration or transmutacion of possession by the ancient laws of this realm, on less there be a certain cerimonye adhibited and solempnised in the presence and sight of neighbors or others, which ceremony is called liuerye of seasone.

And ye shall understand, that this ceremonye of lyuerye of seasone is done, whan the feffoure, donour, lessoure or their deputy come with the neighbors solemply to the lands or tenements, and there put the feffee donee or lessee in possession of the said lands or tenements by delivering unto him a clod of earth, or the ring of the door, orsome other thing in the name of seasone, & for this self cause this ceremonye of law is called lyuerye of seasone, that is to wit a tradicion or giving of seasone.

But this ceremony is not required in lessees for term of years, or in leeses at will, in as moche as the lessoure in such case remaineth still ceased, and the lessee hath only the possession without the seasine and 〈◊〉 the terms of the law be, that such a man is possessed, where as in feffementes, gifts in tail, and leeses for life, he is called ceased.

Wherefore if a feffemente or lees for life be made of lands or tenemēts and before that the livery of seasine be made the feffoure dieth, the heyr of the feffoure shall have the lands per summum ius, y ^t is to lay by the rigoure of the law, notwithstanding that the feffee hath paid to the feffour the price of the land, & although the feffee be in possession. But otherwise it is of a lese for term of years.

I like ceremonye is used whan rente charges, whan rente seruyces, and such other things as pass by wey of grant, be granted, for it is no full and perfect grant till it be consygnate as it were with the ceremonye of atturnement.

This atturnemente is nothing elles, but whan the tenant of the land of which the reversion is granted, or out of which a rente is granted, do make some evident signification and token that he accepteth the person to whom the grant is made to be in the same respect unto him that the grauntoure was. As for an example if the tenant of the lande after he have heard of the grant cometh to the grauntee, that is to wit, to the person to whom the grant was made, and say in this wise, or in like effect.

I agree me to the grant made unto you by such a man, or I am well a paid and contented of the grant that such a man hath made unto you. But the moste usual and frequent form of atturnement is to say: Syr I atturne unto you by force of the said grant, or I become your tenant, or to deliver unto the grauntee a penye or a half penye by way of atturnemente.

If a man maketh first one grant to one person, and after another to ane other person, that grant shall stand to which the tenant will atturne, although it be the latter.

And ye shall note, that if a man be ceased of a Manoure which is percell in demene, and percell in service, and doth aliene the same Manoure to another, unless the tenauntes of the Manoure do atturne, the services shall not pass only tenauntes at will excepted for it nedethe not to cause them to atturne.

Note furthermore that there is a great difference bytwene giuynge a penye in name of seasin, and giving it by way of atturnement, for whan it is given of the tenant to y ^• graūtee in name of seasin, it doth not only imply an atturnement, but also it giveth him such a seasin, that if the rente afterward be behind and not paid, he may now upon y ^• seasin of the penye, after a lawful distress and after rescus made, bring an assyce of novel disseasin, where as if it were given only by way of atturnement he could not bring the assyse, but his wryt of rescus only.

Also ye shall understand, that where lands be deuisable by testament by the custom of any auncyent boroughe or cyty, if there the reversion of any lands be by testament bequethed to a man in fee, and testatour which we call the dyuysour dieth y ^• deuisee, that is to wit, he to whom the devise was made hath forthw ^t y ^• reversion in him without further ceremonye of atturnement. Lykewyse it is if a man by testament doth bequeth a rent charge that he is ceased of, or a rent service, there nedethe none atturnement at all.

If two ioyntenauntes be of land and the lord granteth the seruyces to another, if one of y ^• ioynte • aū • ēs atturneth it is enough. Finally, if a lease be made for term of life, the remayndre to another in tail, the remayndre over to the right heirs of the tenaūt for term of life, if in this case the tenaūt for term of life will grant his remayndre in fee to an other by his deed, this remayndre passeth forthwyth without any atturnement, for if any atturnement were requisite, it should be made of the tenaūt for term of life, which in this case is the grauntour him self. And in vain it is that the grauntoure should be enforced to atturne, since an atturnement is adhibited to none other purpose than to have the consent and agremente of the particular tenant, to the intent that it may appere, that he hath notice or knowledge of this graūte, but here where as the particular tenant himself is the grauntour, an atturnement were superfluous, and more than needed.

Of services.

HYtherunto I have brefely touched and ouerrun the sundry kinds and forms of estates. Now forasmoch as there is no tenure, but hath unto it some service knyt and annexed, it were very necessary to declare howe many kinds of services there be, and what service is due to every tenure. For the knowledge her of ye shall understand, that the principal and moste common kind of service that the tenaūt oweth to his lord, is called knyghtes service.

Knyghtes service.

KNyghtes service includeth homage, fealeie and for moste {per}te escuage, and whosoever holdeth his lands by knyghtes service, is bound by the law of this realm to do unto his lord homage and fealty, and to pay for most parte escuage, when it shall be assesed by authority of parliamente as hereafter more playnlye shall be declared unto you.

Homage is the most humble and reverent service that a man of free condition can do, for whan the tenant shall do homage to his lord, the lord shall sytte, and the tenant shall knele before him upon both knees, and shall hold his hands bitwene his lords hands, and say in this wise, I become your man from this day forthward of life and of member and of earthly honor, and to you shall be faithful and loyal, and faith to you shall bear for the lands that I claim to hold of you, saving the faith that I bear unto our sovereign lord the king, and than the lord so sitting shall kiss him. But if an ecclesiastical person which by his order and profession hath addicted himself to the service of god in especial shall do homage to his lord he shall not say: I become your man because he hath professed himself to be the only man of god: but shall say I do to you homage, and shall be to you faithful and true, and faith to you shall bear for the tenements y ^• I hold of you, saving the faith which I do owe to our sovereign lord the king.

Ye shall note also, that when a woman not married doth homage to her lord, she shall not say: I become your woman, for it is not convenient that a woman should be the woman of any other than of her husband that she shall mary, but she shall say even as the ecclesiastical person saith: I do unto you homage. &c.

That if perchance a man holdeth sundry lands and tenements of sundry lords, and every of them by knyghtes service, than in the ende of his homage making, he shall say, saving the faith that I owe to our sovereign lord the king, and to mine other lords.

And it is to be knoewn, that none is bound to do homage to the lord, unless it be such a tenant as hath in the tenauncye an estate of fee simple, or fee tail, either in his own right, or in the right of another.

For if a woman have lands or tenements in fee simple or fee tail, which she holdethe of her lord by knyghtes service, and taketh an husband and have issue, in this case the husband in the life of his wife shall do the homage, because he hath a title to have the lands by the curtesy of England if he ouerlyueth her, & also he holdeth them now in his wives right, yet before issue had bytwene them, y ^• homage shall be made in their both names. But if the woman dieth before any homage made by her husband in her life, and the husband keepeth still the lands as tenant by the curtesye, now he shall not do homage to his lord because he hath now an estate but for term of life.

Fealtie is as moche to say as a fidelity or faythefulnes, in doing whereof the tenant shall hold his hand upon a boke, & say thus, Hear you this my lord, I to you shall be faithful and true, and faith to you shall bear for the lands and tenements which I claim to hold of you, and duelye shall do you the customs and services which I owe to do you at the terms assigned, as me helpethe god and his saints. And than he shall kiss the boke, but he shall not knele as he y ^e doth homage.

And ye shall observe that homage cannot be done but to the lord him self, where as y ^e steward of the lords court or the bailife may take fealty for the lord. Also tenant for term of life shall do fealte, but homage (as is said) he cannot do.

Now as concerning escuage that is to say, the service of the shild ye shall understand, that he that holdeth his lands by escuage, whan the king maketh a viage royal in to Scotland for the subduynge of the Scots, is bound to be with the Kings Maiestye by the space of .xl. days well and conuenientlye arrayed and appointed for the war. And he that holdeth his lande but by the moitie of the fee of knights service, is bound by the force of his tenure to be with the king by the space of xx. days, and so proporcionably according to the rate and quantitte of his tenure.

But now to our institute and purpose, after this viage royal in to Scotland (in which the king goeth in person) and after the retire in to England again, a parliamente is wont to be summoned, in which shall be prescribed & asseised what every person that held his lande by homage and went not with the king neither by himself, nor by his deputye, shall pay to his lord in satisfaction of his not serving, and according to the taxacion hereof, every tenant shall pay to his immediate lord, whether it be the king or other after the rate and portion of his tenure, if he holdeth by an hoole fee, he shall pay the hoole escuage, if by a moitie, the half, if by the fourth {per}te of a fee, the fourth parte. &c. and this money thus asseysed, is called scurage or escuage, for which the lord to whom it is due, may very well for the non payment thereof distreyne.

But here it is to be noted, y ^t some tenaūtes by custom used time out of mind are bound to pay but the moitie, or the third parte of that which shall be asseised and limited by act of parliament.

Yea, and the custom is in some place, that to what some of money so ever escuage is asseised, y ^• tenaūt{is} shall pay never but such a certain some of money, and this escuage is called escuage certain, where as the other is called escuage uncertain.

Finally ye shall understand, that escuage uncertain is always adiuged to be knights service, and draweth unto it ward, marriage, & relief, but escuage certain is no knyghtes service but is of the tenure of socage as shall be hereafter more amplye shown.

Of ward marriage and relief.

EUery knyghtes service draweth unto it, ward, marriage, and relief. Wherefore it is now right expedient somewhat to entrete of them.

Ye shall therefore be admonished, that whan the tenant which holdeth his lande by knyghtes service dieth, his heir male being at that time w ^t in thage of .xxj. years, the lord shall have the ward, that is to say, the custody or keeping of the lands so holden of him to his own use and profit, till the heir cometh to the full age of .xxj. years. For the law here presumeth that till he come to this age, he is not able to do such service, as is of this tenure required Furthermore if such heir be vnmaryed at the time of the death of the tenant, than the lord shall have also the ward and bestowynge of the marriage of him.

But if tenant by knyghtes service dieth, his heir female being of thage of .xiiii. years or above, thā the lord shall have the ward neither of y ^e lande ne yet of the body of such an heir, and the reason hereof is because a woman of that age may have a husband hable to do knyghtes service, that is to say, to wait upon the kings majesties person whan he auaunceth into Scotland with his army royal.

But if such an heir femalle be within the age of .xiiii. years and not married at the time of the death of her auncestoure, than the lord shall have the ward of the lande holden of him, till such heir female cometh to the age of .xvi. years, by force of an act of parliament in the statute of Westm̄ the first.

Note that there is a great diversity in the law bytwene the ages of females and of males, for the female hath these many ages appointed by the law. Fyrste, at .vii. years of age the lored her father may distreyne his tenauntes for aid to mary her. Seconde, at .ix. years of age, she is dowable. Thyrdlye, at .xii. yers she is hable to assent to matrymonye.

Fourthly, at .xiiii. years she is able to have her lande, and shall be out of ward if she be of this age at the geantye, but of the king only.

Homage auncestrell.

TEnaunt by homage auncestrel is he which holdeth his lande of his lord by homage, and both he and his ancestors whose heir he is have holden the same lande of the said lord & of his ancestors time out of mind by homage, and have done unto them homage, and this is called homage auncestrell, by reason of the longe continuance which hath been by title of prescription as well concerning the tenauncye in the blood of the tenant, as concerning the lordeshyp in the blode of the lord. And this service of homage auncestrell drawethe unto it warrantye (that is to say) if the lord which is now in life hath ones received the homage of his tenant, he ought to warrant the same tenant, what time so ever he shall be impleaded or sued for such lande so holden of him by homage auncestrell.

Moreover such service of homage auncestrell draweth to it acquitall (that is to say) the lord ought to acquyte the tenant against all other lords y ^t can demand any manner of service out of the tenauncye.

Wherefore if in this case the tenant which holdethe by homage auncestrell be impleaded of his lands, and voucheth his lord to warrauntye, who cometh in by process and demaundethe of the tenant what he hath to bind him to the warrantye, and the tenant showeth howe he and his ancestors, whose heir he is, have holden his lande of him and of his auncestoures time ease or continual infirmity. All these and such like be dispargementes. But here also ye shall understand, that it shall be said no dispargement, unless the heir be so married when he is within the age of discretion, that is to say, within the age of .xiiii. years. For if he be of that age or above and consenteth to such marriage, it is no dispargement, neither shall the lord for such marriage lose his ward, because it shall be reputed and assigned to the folye of the heir being of age of discretion to consent to such marriage.

Now, if the gardeyne offer to the heir being in his ward a convenient marriage without dispargement, and the heir refuseth it, as he may very well do, than y ^e lord shall have y ^e value of the marriage of such heir, whan he commethe to his full age. But yet if he marry himself being so in ward against the will of his gardeyne, than he shall pay the double value by force of the statute of Merton before remembered.

And ye shall note that if lands holden by knyghtes service descend to an infaunte from his mother, or from any of his ancestors, his father being yet alive, in this case the lord shall not have the marriage of this heir, for during the life of the father, the son shall be in ward to no man.

Finally, it is to be known, that he which is gardeyne in cheualrye in right, may after he hath ceased the ward, grant the same either by deed or without deed to another man & than he to whom such grant is made is called gardeyne in fayte.

Now as touching relief, ye shall know, that if a man holdethe his lande by knights service and dieth his heir being of full age (the full age of y ^e male is .xxi. years, of the female .xiiii.) then y ^• lord of whom the land is holden shall have of the heyr relief.

Reliefe of a hole knights fee is .C s. & of half a knights fee fyftye .s.

Also a man may hold lands of a lord by two knyghtes fees, and thā the heir being of full age at the death of his auncestoure, shall pay to his lord for relief .x. pounds.

Service of castel garder.

YE shall understand that a man may hold by knyghtes service and yet not hold by escuage, nor shall pay no escuage, for he may hold by castle garder, that is to say, by service to keep a tower of his lords castle, or some other place, vpō a reasonable warning, whan his lord heareth that enemies will come or be already come into England.

Thys service is also knyghtes service, and drawethe to it ward marriage & relief, as the common knyghtes service doth.

Of graunde sergeauntie.

THere is also another kind of knights service, called grande sergeantye, which is where a man holdeth is lands or tenements of the king by such service as he oweth in proper person to do, as to bear the baner of our sovereign lord the king, or his spere, or to conduct his host, or to be his marshall, or to be the sewar, caruar, or butler at the feast of the coronation, or to be one of the chamberlaynes of the receypt of his eschequere, or to do like services to y ^e king in proper person, such manner of service I say, is called grande sergeantye, that is to say a great or high service, and the cause why it is so called, is because it is the moste honorable and moste worthy service that is, for he that holdeth by escuage is not appointed by his tenure to do any other more specyall service than another is bound that holdethe by escuage, but he that holdeth by grande sergeantye, is bound to do some special service to y ^e king.

Also if he that holdeth of the king by grant sergeanty dieth, his heir being of full age, than the heir shall pay to the king for relief, not only .C.S. as he that holdethe by escuage shall do, but moreover the clear yearly value of those lands and tenements which he so holdeth of the king by grande sergeantye.

Furthermore ye shall observe that in the marches of Scotland some men hold of the king by coruage, that is to say, by blowing of an horn to the intent to warn the men of the country whan they hear that the Scots or other their enemies be coming, or be already entered in to England, which service is also a kind of grande sergeantie.

Grande sergeantie therefore is as moche to say in latyn, as magnum seruitium, that is to say, a great or high service, like as petite sergeantye is called paruum seruitium, y ^t is to say, a little or small service.

But to reuerte again to the mamatier ye shall note if any tenant holdeth of any other lord than of the king by such service of cornage, then it is no graunde sergeantye, but yet nevertheless it is knyghtes service, & draweth to it ward marriage and relief, for this is a rule infallible that none can hold by grande sergeanty but of the kings own majesty.

Finallye ye shall understand, that all they which hold of the king by this service called graunde sergeauntye do hold of the king by knyghtes service, and by virtue of this tenure the king shall have of them ward marriage and relief, but escuage yet he shall not have of them unless they hold by escuage of him by express and special words.

Petite sergeantie.

TEnaunte by petite sergeantye is he y ^t holdeth his land immediately of our sovereign lord the king by this manner of service, to pay to the king yearelye either a vow, a spere, a dagger, a sword, a pair of gantlettes, a pair of spores of gold, a shafte or such other small things apperteynyng to the war, & this service is in effect but socage, because that such a tenant is not bound by his tenure to go ne do any thing in his own proper person touching the war, but only to render and pay yearly certain things to the king, as a man ought to pay a rente wherefor this service of petite sergeantye is no knyghtes service, but yet ye shall note, that a man cannot hold neither by petite sergeauntye neither by graunde sergeantye, 〈1 page duplicate〉 〈1 page duplicate〉 out of mind, surely the lord if he cannot deny this, and if he hath received the homage of such a tenaūt, is bound by the law to warrant him his lande, so that if the tenant lose his lande in defaute of the lord thus vouched (that is to say) called to warranty, he shall recover against him so moche in value of those lands and tenements which the lord had at the time of calling to warrantye or at any time after. But if the lord never received the homage of his tenante, than he may very well whan he is thus vouched disclaim in the lordeshyp or seignorye, and so put out the tenant of his warrantye. Where ye shall note, that in every case where the lord disclaim in his seignorye in court of record, his seignorye or lordeshyp is extinct, and the tenant shall hold from thensforthe of the next lord to him that thus disclaymed.

Thus ye perceive that homage auncestrell is not but where as is a long cōtinuaūce, as well in the blode of the tenant in respect of his tenauncye, as in the blood of the lord in respect of his seignorye. Wherefore if the tenant doth ones aliene his lands to another, although he purchasethe the same again, yet he shall not hold any longer by homage auncestrell because of this discontinuaunce, but shall hold it now by the vulgare & accustomed homage.

Of socage.

SOcage is properly, where the tenant is bound to come with his soke (that is to say) with his plough to ear and sow parcel of the demene lands of his lord, which service in ancient time was very common & frequēte but now by the mutual consent both of the lord and of the tenant yt ys converted for the most parte in to a yearly rente. How be it the name of socage abideth still wherefor now all y ^t is not knyghtes service is called by y ^• name of socage.

So y ^• if a man holdeth by fealtye only, or by fealtye and homage for all manner of service, it is but socage tenure for homage alone makith not knyghtes service, yea if a man holdeth by escuage certain, as I have said here tofore, he holdeth in effect but by socage.

Now where a man holdethe his lands by socage and dieth, his heir being wythyn thage of .xiiii. years the lord shall not have y ^• ward but the next of kynne to the heir to whom the heritage cannot descend shall have the wardeshyp as well of the lande as of the heir, till the heir come to the age of .xiv. years, and such gardeine is called gardeine in socage, and shall render accounts to the heir for the issues and profytes that he hath received of the lands durynge such time, his reasonable costs and expēses deducted, so that he shall not have the wardeshyp to his own use & profit as gardeine in cheualrye hath.

Finally ye shall understand that whan tenant in socage dyethe, the lord shall have relief, that is to say the value of the rent that is yearlye due unto him of the tenauncye beside the yerly rente: so that in effect after the death of his tenante he shall have of the heir .ii. rentes, save that for the relief, he may distreyne forth with, but for the accustomed rent he cannot distreyne till the usual day of payment be come.

Francke almoyne.

TEnaunte in francke almoygne, that is to say in free almesse is where a bishop, dean, or any other ecclesiastical person holdeth of his lord in pure and perpetual alms, and such tenure began first in old time after this manner. Whan a man was ceased in ancient time of certain lands or tenements in his demene as of fee, & of the same tenements enfeoffed an abbot & his convent or a priour & his convent, or any other person ecclesiastical, as a dean of a colege master of an hospital, or such like to have & to hold the same land{is} to them and to their successoures for ever in pure and perpetual almesse, or in francke alms, in these two cases the tenements should be holden in frank almoyne.

By force of which tenure they that hold in francke almoyne after this sort be bound of right before god to make orisones and prayers, to celebrate masses and to do other divine services for y ^• souls of their graunters and feffers, and for the souls of their heirs which be dead and for y ^• prosperous estate of their heirs that be now alive. And because of right they be bound to this divine service, they be discharged by the law to do any other profane or corporal service, as fealtye or such other like.

But nevertheless if such as hold their tenements in frank almoyne do omyt and leave undone these divine services wherūto they be bound before god, the lord cannot distrein them, ne yet compel them by any other means by the course of the common law, but the only remedy is to complain of them to their ordinarye, who of right ought to compel such ecclesiastical persons to do the divine service due as afore said.

But here ye shall note that if a person of a church or any other ecclesiastical person holdethe of his lord by certain divine service to be done, as to sing mass every frydaye in the week, or placebo and • irige, or to find a priest to sing mass or to distribute in alms .C. pence to a hundred men at such day: in all these cases, if such divine service be undone, the lord main very well distrayn, because the service is put here in certayntye.

Now I said, that if in old time a man did infeoffe such ecclesiastical person after such sort, he should hold his lande in frank almoyne, but at this day it is otherwise, for by the reason of a statute called, Quia emptores terrarum, no man can aliene ne grant lands or tenements in fee simple to hold of him self, so that now if a man being ceased of lands in fee simple granteth the same by license to an ecclesiastical person in frank almoyne these words frank almoyne be void, & the ecclesiastical person shall hold them immediatlye of y ^• , lord of the feoffer by the same seruyces y ^• the feoffer held, so that no man can hold in frank almoyne, but by force of a grant made before the said statute, only the kings majesty excepted, for he is out of the compass of the-statute.

Finally, ye shall note that where as a man holdeth in frank almoyne, his lord is bound by the law to acquit him of all manner of service that any other lord can have or demand out of the said lands.

That if he doth not acquyte him but suffer him to be distreyned, than he shall have against his lord a certain wryt, called a wryt of mean, and shall recover against him his damages and costs of his suite.

Of burgage.

A Tenure in burgage, is where an aūciēt broughe is, of which the king is lord, and they which have tenemētes w ^t in y ^• same brough hold the same of the king, payenge a certain yearly rent, which tenure in effect is but socage tenure. Lykewyse it is, where as any other lord spiritual or temporal is lord of such broughe.

Here ye shall note that for the most parte such ancient burghes have divers customs and usages which other towns have not. For some burghes have a custom, that y ^e youngest son shall inherit before the eldeste, which custom is called commonly broughe English.

Also in some burghes by the custom the woman shall have for her dower all the lands and tenements whereof her husband was ceased at any time durynge the couerture.

Moreover in some burghes a mā may devise his lands or tenemētes by testament at the time of his death, and by force of such deuyse or legacye, he to whom the bequeste was made, after the death of the testatour may by force of this ancient custom entre in to the lands so to him bequethed or devised without any lyuery of seasone to him made or further ceremonye of law.

Dyuers other customs in England there be contrary to the course of the common law, which if they be any thing probable and may stand with reason are good and effectual, not withstanding they be against the common law.

Of villenage or bond service.

A Tenant in villenage is proper lie whan a villayne, that is to say, a bondman holdeth of his lord, whose bondman he is, certain lands or tenements, according to the custom of the Manoure or otherwise at the will of his lord, and to do his lord villayne service, as to bear & to carry y ^• donge of his lord out of y ^e city or out of his lord{is} Manoure, & to lay it upon the demean lands of his lord, or to do such like seruyle & villayne service. How be it free men in some places hold their tenements & lands of their lords by custom, by such sort of service, and their tenure is called tenure in villenage, & yet they themselves be no villains ne of servile condition but free mē. For the land holden in villenage maketh not the tenant a villayn, but contrary wise a villayne may make free land to be villayne land unto his lord. As if a villayn purchaseth land in fee simple or in fee tail, the lord of the villayne may entre into the lande so purchased by his bondman and put him and his heirs out for ever, and this done, the lord if he will may lease the same lande to his villayne to hold of him in villenage.

And here ye shall understand, that seruitute or villenage, is the ordinance, not of the law of nature but of that law, which is called Ius gentium, by which a man is made subject (contrary to nature) unto another man's dominiō. For he that is a villayne or bondman, either he is so by title of prescription (that is to say) he and his auncestoures have been villaynes time out of mind, or elles he is a villayne by his own confession in court of record, so that all villaynes either they be borne villaynes, or elles they be made so. They be borne villains when their father being a bond man himself begetteth them in lawful wedlock, either of a free woman or of a bond woman for so that the father be bond, the issue of him lawfully begotten must needs be bond by the laws of England, having no regard to the cōdicion of the mother, where as in the civil law it is clean contrary. For there partus sequitur ventrem (that is to say) the seruitute or bondage of the mother maketh the child bond and not of the father. Howe be it the bastard son of a bondeman shall not be bond, because a bastard is, nullius filius in the law, that is to say nomans son.

They be made vyllaynes two ways, either by their own proper act, as whan a free man being of full age will come into a court of record, & there confess himself bon • e to another man.

Or elles by the laws of arms, called, Ius gentium: as whan a man is taken prysoner in wars, and is compelled to serve and become the thrall and bondeman of him that toke him: the law calleth such person a villayne.

And ye shall note that vyllaynes be properly called in latyn serui, because that whā they be taken in war, the captaynes be wont not to kill them, but to sell them, and so to save their lyfes, so y ^t they be called serui a seruando, that is to say of saving. They be also called Mancipia, a manu capíendo, because that they be taken by hand & pour of the enemies.

Now as I said by the law o • nature we are all borne free, but after that by the law of Gentilitie seruit • te invaded the world, than ensued the benefyte of manumission. Manumission is de manu datio, that is to say a giving out of the hand or power. For so longe as a man is in bondage and seruitute, he is subject to the hand and power of another, and whan he is manumissed he is made free & delivered from the said power, so that a manumission is nothing elles than an enfranchisemēt that is to say, a writing testifieng that the lord hath enfranchised his villayn & all his offpring and sequel.

Also if the Lord maketh to his villayne an obligacion of a certain sum of money, or grauntethe to him by his deed an annuity or yearly pension, or leaseth to him by deed lands or tenements for term of years, any of these acts do imply an enfranchisement.

Lykewyse if the Lord maketh a feoffment to his villayne, and maketh unto him lyuery of seys • , this also is an enfranchisment and secret manumissiō. Brefely to speak, where so ever the lord compelleth his vyllaine by the course of the law to do that thing that he might otherwise ēforce him to do or to suffer without the authority and compulsion of the law, he doth by implication enfranchise his villayne, as if the lord will bring against his villayne an action of det, an action of accompt, of covenant or of trespace, these and such like be in the eye of the law enfranchisementes and manumissions, because that the lord in all these cases may have the effect and purpose of his suite (that is to say) the goods, catels, and correctiō of his bondman without the compulsion of the law even by his own proper power and authority which he hath upon his villayne. But if the lord doth sue his vilayne by an appeal of felonye, the villayne being lawfully endyted of the same before, this is no tacit manumission or infranchisemēte, for the lord though he have power to beat his villain and to spoil him of his goods, yet he cannot by the law of this Realm put him to death.

Ye shall also understand, that if a man's villayne purchaseth land{is} or acquyre and get unto him any other thing, the lord may by and by entre, and cease the same in to his own hands. Wherefore if the lord will bring against his villayne a praecipe {quod} reddat, by which he demandeth against his villayne any lands or tenements, this implieth an enfranchisemente, for asmoche as he byndeth himself to the prescripte and authority of the law, where as he might use his own authority, by entering and seasing the said lands.

Finally ye shall mark that some villaynes be called villaynes in gross, and other some be called villaynes regardāt. In gross be they of which the lord is severally ceased, and not by reason of any lordeshyp or manner, but they be called regardaunte which do belong to a Manoure, of which the lord is ceased, and the said villaynes have been regardant (that is to say) expectant and attendante time out of mind to the lord of the said Manor, in doing unto him such services as to a villayne appertain.

Of rentes.

FOr asmoch as vpō every tenure there is commonly reserved one rente or other: therefore I think it good somewhat to treat of rentes. But ye must understand that there be sundry sortes of rentes. There is one kind of rente which is called rent service. • n other which is called rent charge, and the third which is named in frenche rente seek, that is to say in Latin redditus siccus, a dry rente. Now rent service is so called, because it is knyt to y ^e tenure, and is as it were a service, whereby a man holdeth his lands or tenemēt{is}, or at lest way when the rente is vnseuerably coupled and knyt with the service, as for an example, where the tenant holdeth his lande of the king or of any other lord by fealty and by certain rente, or by homage, fealty and certain rent, or by any other sortes of services & by certain rent, this rent is called rente service. And here ye shall note, that if this rent service, be at any time when it ought to be paid, behind and vnpayde, the lord of whom the land or tenement is so holden, whether it be in fee simple, fe tail, for term of life for years or at will, may of common right entre and distrain for the rent, though there be no mention at all, ne clause of distress put in the deed or lease. I said before, that y ^• nature of this rent service is to be coupled and knyt to the tenure. For where no tenure is, there can be no rent service. And therefore, if at this day I be seised of lands in fee simple, and make a deed of feffement of the same to another in fe simple, reserving by the same deed a rente, this can be called no rente service, because there can be now no tenure between the feffoure and the feffee. Otherwise it is of feffementes in fee simple, made before the statute of Westmester the third called Quia emptores terrarū. For before the making of y ^• statute, if a man had made a feoffment in fe simple, reseruynge to him a certain rent, yea though it had been w ^t out deed, here had been created a new tenure between the feffoure and the feffee, and the feffee should have hold̄ of the feffoure, who by virtue of the same might of common right have distreyned for such rent. But at this day, by force of the said act, there can be no such holding or tenure created nor begun, and consequently no rent service can be at this day reserved upon any gift in fee simple, except it be in the kings case, who being chief lord of all ever might and may give lands to be holden of him. Thus ye se, that at this day, no subject can reserve any rente service unto him, unless the reuersiō of the lands or tenements that he shall grant, be still in him, as where he grauntethe them in fe • tail, or maketh but a lease for term of life or for certain years or ells at will. For in all these cases the reversion of the fee simple remaineth still in him, and therefore if here be any rent reserved, it is to be called a rent service, and is of common right distreynable, though there be no clause of distress in the deed of feffemente or lease.

But here ye will ask me, when in the case before remembered, a man at this day gyuethe clean aweye the lande or tenement from himself in fee simple, so that there is no manner of reversion of the same remaining in him at all, and yet nevertheless reserveth unto him by his deed a certain rent: what manner rent this shall be called? I answer, if there be in the deed indented any clause of distress put, that is, that if the rent be behind vnpayed, it shall be lawful for the feffoure to entre and to distreyne, it is called a rente charge, forasmoche as the lande is charged therwyth, but howe? of common right? no, but only by virtue and force of the writing.

But on the other side, if there be no such clause of distress put in the indenture, thā the rent so reserved shall be called a rent seek.

Likewyse, if a man that is seised of certain lands, will grant either by indēture or by his deed polle that is to say single and not indented, a yearly rent out of the same lands to another, whether it be in fe simple, fe tail, for term of life, for years, or at will, with clause of distress, then this rent is called a rente charge and he to whom such rente is granted may for default of payment thereof, entre and distreine. But contrarely, if the grant be made without any such clause of distress, it is called rent seek that is to say a dry rent, because he cannot come to it in case it be denied, by way of distress in so much that if he were never seysed of it, he is by the course of the common law without remedy. Otherwise it is of a rent charge, for here he to whō the grant is made, whā the rent is behind may chose whether he will sue a wrytte of annuity against the grauntoure, or distreyne for the rent behind, and retain the distress till time he be paid accordingly. But he cā not have both remedies to gither, but must take him to the one, for if he ones recover by a wrytte of annuity, then is the lande discharged. And if he sewe not his writ of annuity, but distrayne for the arreragies, and the tenau • te seweth a • epleuin, whereupon y ^• other auoweth the taking of the distress in court of record: then is the land charged and the person of the grauntour discharged of the action of annuity. Ye shall also understand, that if a mā will, that another shall have a rent charge coming out of his lande, and yet will not that his person should be by any means charged by wrytte of annuitie, he may thā have such clause in y ^e ende of his deed. Prouiso {quod} praesens scriptum, nec quic{quam} in eo contētum ullo pacto se extendat ad onerādam personam meam per breue seu actionem de annuitate, sed tantū modo ualeat ad onerandum, terras, fūdos, & tenementa mea de annuo redditu praedicto, If this or such like clause be added, then the land is charged and the person of the grauntour is discharged.

Also if a man will make a deed of grant in this wise, that if John at Style be not yearly paid at the feast of Christms for term of his life .xx. shillinges sterlyng, that then it shall be lawful for the said Ihō at Style to distreyne for it in the Manoure of Dale: this is a good rent charge, because the Manoure is charged with the rent by wey of distress, and yet nevertheless in this case the person of him that made such deed is discharged of any action of annuity, forasmoch as he granted not by his deed any annuitie to y ^e said John at Style but only granted, that he might distreyne for such yearly rent.

Furthermore ye shall note, that if a man hath a rent charge to him and to his heirs coming out of certain lands, and doth purchase any parcel of this land to him and to his heirs, in this case the hole rente charge is qwenched and gone, and the annuite also, the cause is this, y ^e a rent charge cannot be in such case apporcioned. Otherwise it is of a rent service, for if one which hath a rent service as for example, xx d. by year doth purchase parcel of the lande out of which this yearly rent of, xx d. is coming, this shall not extinguish ne drown y ^• hole rent, but for that parcel only. For rent service in such case may very well be apporcionate and rated according to the value of the lande. Yet there be some sortes of rentes services which in no wise can be apporcioned. As where a tenant holdeth his lande of his lord by the service to rēdre to his lord yearly at such a feast, an horse, a ring of gold, a red rose, a gylouer 〈◊〉 such like, if in this case the lord doth purchase parcel of y ^• land thus of him holden, this service is gone, because such service cannot be severed ne apporcioned. Also escuage is a service that may very well be apporcioned according to the afferaunce and rate of the lande.

But where any lande is holden by homage and fealty, if the lord purchaseth parcel of the land, yet he shall have his homage and fealty still of his tenant.

Ye shall mark also, that if a man maketh a lease of lands to another for term of life, reserving to him certain rent: if in this case he graūteth the rent to John at Style saving to himself the reversion of the said land, this rente is but rente seek because John at Style y ^• hath the rent, hath nothing in the reversion of the land. But if he granteth the reversion of the lande to John at Noke for term of life and the tenant atturneth accordingly, then hath John at Noke the rente as rente service because he hath y ^• reversion for term of his life.

Lykewise it is, if a man giveth lands or tenements in tail, reserving to him & to his heirs certain rente, or maketh a lease of y ^e land for term of life, reseruinge certain rent, if he granteth the reversion to another and the tenant atturneth accordingly, the hole rent and service shall pass by this word reversion, because the rent and service in such case be incident to the reversion and do pass by the grant of the reversion. But if he had granted the rent only: the reversion had not passed.

What remedy a man hath to recover his rent when it is behind.

I Showed you before, that for a rent service if it be behind, ye may distrayne in the ground even of common right though there be no such clause of distress mencioned in y ^• deed of feoffment, grant or lease. Also for a rente charge ye may distreyne or bring your wryt of annuity at your choice and election, as before is declared. But of a rent seek if ye were never seised of it nor of any parcel thereof, ye be without remedy by course of the comō law, for ye cannot distreyne for it, nor yet bring your wrytte of an nuitie, but if ye were ones seised of it or of parcel thereof and it is estsones behind, then youre remedy shall be this. Ye must go either by yourself or by your deputye to the lande or tenement out of which the rent is coming, and there demand the arreragies of the rent, which if the tenāt deny to pay, this denial is a disseisin of the rent. Also if the tenant be not then ready to pay it, this counter uayleth a denial which is a disseisin. Moreover if neither the tenant nor none other man be remaining upon the ground to pay the rent, when ye demand the arreragies, this also is a denial in the law, and is in very deed a disseisin. And of these disseisin{is} ye may have an assise of novel disseisin against the tenant, and shall recover seisin of the rent and the arreragies and youre damagies and costs of your wrytte and of your plee. And if after such recovery and execution had, the rente be again at another time denied you, then ye may have a redisseisin and shall recover your double dammagies. &c.

It shall be therefore good wisdom for a man when a rent is granted by any person unto him, to take of the tenant of the land a penny or an halfepeny in name of seisin of the rent, and then if at the next day of payment the rent be denied him, he may have an Assise of novel disseisin.

And ye shall note, y ^• there be three causes of disseisin of rent service, that is to wete, rescouse, repleuin & incloser. Rescouse is, when the lord upon the lande holden of him, distreyneth for his rent behind, and the distress is rescued from him, or if y ^• lord come upon the land and will distreine, and the tenant or any other man for him will not suffer him, this is called Rescouse.

Repleuin is, when the lord hath distreyned & repleuin is made of the distress by wryt or by playnt. Encloser is when lands or tenements be so enclosed that the lord cannot come within the lands or tenements for to distreyne. And the chief cause why such things so made be disseisins to the lord is for asmoch as the lord is by this wey disturbed of the mean and remedy whereby he ought to come and have his rent, that is to wete, by distress.

And there be iiiij. causes of disseisin of a rent charge, y ^e is to wete, rescous, repleuin, encloser, and denyer. For denyer or denial is as well a disseisine of a rente charge, as it is of a rent seek.

Finally ye shall understand, that there be two causes of disseisin of a rent seek, that is, denial & en • loset.

And is seemeth that there is yet an other cause of disseisin of all the three rentes aforesaid, that is to wete this, when the lord cometh to the lande holden of him, or when he that hath a rent charge or a rent seck cometh to the lande to distreyne for the rente behind, and the tenant hearing this, encountreth him, and forstalleth him the weye with force and arms, and manaceth him in such sort as he dare not come to y ^• ground for to distreine for his rent behind for fear of death or of mutilatiō of his members: this is a disseisin because the party is disturbed of his mean & lawful remedy whereby he ought to come to his rent.

Finally ye shall observe & mark, that by an act of parliament made in the xxxij. year of our sovereign lord king Henry the eight, it is lawful for the executours and administratoures of tenantes in fe simple, tenantes in fee tail and tenantes for term of life of rent services, rent charges, rent seckes and of fee fermes, for the arreragies of such rētes as were due unto their testatoures in their lives, either to distrayne for the same or at their election to bring an action of dette, saving in such lordshipes in Wales or in the marches thereof, where the tenauntes have used time out of mind to pay unto every lord at his first entry into the lordshyp any sumine of money for the redemption of all manner duties and penalties incurred at any tune before their lords entry.

Also by force of the said art the husband which was seysed in the right of his wife may after the death of his wife either distrayne or bring an action of dette for the arrearages of such rentes as were due & vnpayd in her life.

Likewise it is of him that hath a rent for term of another man's life, if he for term of whose life he hath the rent dieth, yet by virtue of y ^• said act he or his executoures and administratoures may either distrayne or bring an action of debt for the arreragies due before the death of him for term of whose life he had y ^• rent

How Auowries ought to be made of rentes and services, enacted .ā. 21. Hen. 8.

WHere any lands be holden of any person by rentes, custom{is}, or services, if the lord distrayne upon the same lands for any such rentes, 〈1 page duplicate〉 〈1 page duplicate〉 customs, and services, and repleuin thereof be sued, the lord may auowe or his baylyffe or seruante may make conisance or justify the taking upon the same lands, as within his fee and scignorye, aledging in the said auowry conysance or justification the same lands to be holden of him, without namyng any person certain to be tenante of the same, and without making any auowrye, justification, or conisaunce upon any person certain. And likewise upon every wrytte sued of seconde deliverance. And they that make any such auowrye, justification, or conisaunce, if y ^• same avowrye conysaunce or iustificatiō be found for them, or the playntyffe be non • u •• or otherwise barred, then they shall recover their damagies and costs. Also the said playntyffes & defendaunt{is} shall have like plees & like aide prayers (plees of disclaymer only except) as they might have had before the making of this act. Also such persons as by the cominen law may join to the playntyffe or defendant in the said wryttes of replegiare or seconde deliverance, as well without process, as by process; shall from henseforth also in this case join unto them as well without process as by process, and have like plees and like auauntages in all things (disclaymer only except) as they might have by the come law before this act.

An act for assignees or grauntees of reversions to take auantage of the conditions to be performed by the fermours. made .ā. 32. Hen. 8.

IT is enacted that as well all persons which have or shall have any gift or grant of the king by his letters patentes of any lordshyps lands tenements rentes personages tithes portions or other hereditamentes or of any reversion of the same, which did belong to any monastery or other ecclesiastical house dissolved or by any other means come to the kings hands sithens the .iv. day of February in the xxvii. year of King Henry the eight, or which at any time heretofore did belong to any other person & after came to the kings hands, As also all other persons being grauntees or assigns to the king or to any other person and their heirs executours successors and assigns shall have like auauntage against the fermours their executours administratoures & assigns by entry for not payment of the rent, or for doing of waste or other forfeture, and also shall have the same auantage by action only for not performynge of other conditions couenātes or agrementes contained in the indentures of their leases or grauntes against the said fermoures and grauntees their executours administratours & assigns, as the said lessoures or grauntoures themselves might have had at any time.

Provided, that this act shall not extend to hindre or charge any person for the breche of any couenante or condition comprysed in any such writings as is aforsayd, but for such couenātes and conditions as shall be broken or not performed after y ^e first day of Septembre in the xxxij. year of king Henry the viii, & not before.

How tithes and other profytes ecclesiastical shall be recovered, enacted .ā. 32. Hen. 8.

AL persons shall truly pay their tithes and offerings according to the lawful customs & usages of parishes & places where such tithes or duties be due. And in case they wol willfully w ^t hold them or any parcel of them: the party whether he be ecclesiastical or lay that should have y ^• said tithes or offerings, may conuent the persons so offending before the ordinary his commissarie or other competente ministre or leaful judge of the place where such wrong shall be done according to the ecclesiastical laws. And in every such cause of suite the same ordinary or leful judge having the parties or their lawful procuratours before him, shall by virtue of this act proceed to the determinatiō thereof ordinarily or summarily according to the course of the said laws, and thereupon shall give sentence accordingly. And in case any of the parties for any matter concerning that suite, do appeal from the sentence & diffinitiue judgment of y ^e said iuge, then the same judge forthwith upon such appellation made, shall adjudge to the other party y ^e reasonable cost{is} of his suite, and shall compel the same party appellant to pay the same by compulsary process and censures of the said laws ecclesiastical, taking surety of the other party to whom such costs shall be adjudged & paid, to restore the same to the party appellant, if afterward, the principal cause of that suite of appeal shall be adjudged against him. And so every judge ecclesiastical by virtue of this act shall adjudge costs to the other party upon every appeal to be made in any suit or cause of subtraction or detention of any tithes or offerings or in any other suite to be made concerning the duitie of such tithes or offerings. That if any persons after such sentence diffinitiue givē against them, shall obstinately refuse to pay their tithes or duties or such somes of money so adjudged wherein they be condemned, then two Justices of y ^t peace of the same shyre, whereof one to be of the quorum, shall upon certificat or complaint to them made in writing by the ecclesiastical judge that gave the sentence, cause them to be attached and committed to the next Jail, there to remain without bail or mainprise, till they shall have found sufficient sureties to be bound by recognisāce or otherwise before y ^e same iustices to the kings use for the performance of the said judgment.

Provided, that no person shall be sued or otherwise compelled to pay any tithes for any lands tenements or hereditamētes which by the laws of this realm are discharged or not chargeable with the payment of any such tithes.

Provided also that this act shall in no wise bind the inhabitants of the city of London and suburbs of the same, for to pay their tithes and offerings within the same city and suburbs otherwise then they should have done before y ^e making of this act.

And it is further enacted y ^t where any y ^t hath an inheritance frehold term or interest in any personage vicarage portion pension tithes oblations or other ecclesiastical profit which is or shall be made temporal or admitted to be in temporal hands by the laws or statutes of this realm, shall fortune to be disseased or otherwise put from his lawful inheritance possession occupation term or interest in y ^e same by any other person claming to have interest therein: the person so disseised or wrongfully put from his said right or possessiō his heirs, wife, and other to whom such wrong shall be done, may have his remedy in the kings temporal courts, as the case shall require for the recovery of y ^e same by writtes original of prec. {quod} reddat, ass. of novel disseison, mortdanc, Quod • i deforciat, writtes of dower, or other writtes original to be granted in y ^• chācery of every such {per}sonage vicarage porciō pension or other profit eccesiastical according to y ^e nature of y ^• suit thereof. And y ^t writtes of covenant and other writtes for fines to be levied & all other assurācies to be made of any such personage or profit ecclesiastical shall be hereafter devised & granted there, like as hath been used for fynes to be levied and assurance to be had of lands or other hereditamētes, and y ^t all iugemētes to be given upon any of y ^e said writtes original so to be granted for any y ^• premisses, & all fines to be levied & knowleged in any of y ^• kings said courts thereof, shall be of like force in y ^e law as iugemētes givē & fines levied of land{is} tenement{is} & here ditamēts in y ^e same courts upon writtes original therefore duly pursued.

Provided always, that this last act shall not extend to give any remedy or suite in the courts temporal ageinst any person which shall refuse to set out his tithes, or which shall w ^t hold or refuse to pay his tithes or of feringes, but that in all such cases the party as well lay as ecclesiastical having cause to demand the same, shall take and have his remedy for the said tithes or offerings in every such case in the spiritual courts according to the ordinance in the first parte of this act mentioned and not otherwise.

of mortuaries, enacted ā. 21. Hen. 8.

NO person spiritual nor their fermers nor baylyffes shall cal any person before any judge spiritual for y ^• recovery of any Mortuaries more then is hereafter mentioned upon pain to forfeit for every time so much in value as they shall take above the some limited in this act and over that xl.s̄. to y ^e party grieved, for which he shall have an action of det by wryt byl or information; wherein no wager of law effoin nor protection shall be allowed, First no Mortuarie shall be taken of any which at his death hath in mouable goods under the value of x. mark. Also no Mortuarie shall be taken but only where Mortuaries have been used to be paid, and there after the form hereafter mentioned. Nor in no mo places but one, that is to were, there where his most abiding is and there but one. Nor no person shall take for a Mortuarie of any person being at his death of the value of x. marks above his dettes paid and under xxxli. above .iii s iv. d. And of the value of xxx li. and under lx lj. not above vi s viii d. And of the value of lx. li. or above to any sum what so ever it be, not above x. s. Provided that no Mortuarie shall be asked nor paid for any woman covert baron or child or any person not keeping house or for any wayfaring man, but y ^e mortuaries of such wayfaring men be an swe • able in that place where they had their most dwelling at y ^• time of their death.

Provided that any such spiritual persō may take anything which shall be disposed or bequethed to him or to the high altar of the church. Also no thing shall be taken for Mortuaries in wales nor the marches of y ^• same nor in Calys or Berwyke or the marches of the same, but only in such places of y ^• same where mortuaries have been accustomed to be paid and there but only after the form above specified. Provided that the bishops of Bangour, Landaffe, saint Dauies & saint Ass & the archdeken of Chester may take such mortuaries of y ^• pressed{us} • within their diosices & jurisdictions, as heretofore have been accustomed. Provided also, that in such places where mortuaries have been accustomed to be taken of less value, none shall be compelled to pay any other mortuarie or more for any mortuarie then hath been accustomed, nor no mortuarie there shall be demanded of any person exempt by this act upon pain afore lymyted.

An act for the assurance of fermoures, made .ā. 32. Hen. 8.

AL leases hereafter to be made of any manours lands tenements or other hereditamentes by writing in • cted under seal for term of years or for term of life by any persons being of full age of one and twenty yers having any state of inheritance either in 〈◊〉 simple or in fee tail in their own right or in the right of their churches or wy • es or jointly w ^t their wives of any estate of inheritance made before y ^• c • uerture or after, shall be good & effectual in the law against y ^• lessours their wives h • yres and successors according to such estate as is comprised in every such inden • i • ee of lease.

Provided, that this act shall not extend to any leases to be made of any lands tenemētes or hereditamētes being in the hands of any fermo • t by virtue of any old lease, unless the same old lease be expired futrend • ed or: ended within one year next after the making of the said new lease, nor yet shall extend to any grant to be made of any reuertion of any lands tenements or hereditamentes, nor to any lease of any such lands tenements or hereditamentes as have not most commonly been letten to ferme or occupied by the fermours thereof by the space of .xx. years next before such lease thereof made, nor to any lese to be made without impeachment of waste, nor to any lease to be made above the number of xxi. years or three lives at the most from the day of making thereof. And y ^t upon every such lease there be reserved yearly during the same lease dew & payable to the lessours their heirs and successors to whom the same lands should have come after the dethes of the lessours if no such lease had been thereof made and to whom y ^e reversion thereof shall pertain according to their estates & interestes, so much yerly rent or more, as hath been most accustomably yelden for the same within .xx. years next before such leases thereof made, & that every person to whom the reversion thereof shall pertain after the deaths of such lessours or their heirs: shall have such like remedy and auantage to all ententes and purposes against the fermours thereof their executours and assigns, as y ^e same lessour should or might have had.

Provided also that y ^• wife be made party to every such lease as shall be made by her husband of any lands being the inheritance of the wife, and that every such lease be made by indenture in the name of the husband & his wife, and she to seal y ^• to same. And that the rent be reserved to the husband and to the wife and to the heirs of y ^• wife according to her estate • of inheritance in the same. And that the husband shall in no wise aliene discharge grant or give awey y ^• same rent reserved nor any parte thereof longer then during the couerture, without it be by fine leuyed by the said husband and wife.

Provided furthermore that this act extend not to give any lybertie or power to any persons to take any mo fermes leases or takings of any manours lands tenements or other hereditamentes, than they might lawfully have done before y ^• making of this act, nor yet extend to give any liberty or power to any person or vicar of any church or vicarage for to make any lease or grant of any their messuages lands tenements tithes profytes or hereditamētes belonging to their churches or vicaragies otherwise than they might have done before the making of this act.

An act that fermoures shall take auantage of conditions and couenantes, against graūtees of reversions .ā. 32. Hen 8.

AL fermours and grauntees of lordships lands rentes personages tithes portions or any other hereditamentes for term of years life or lives their executours administratours and assigns shall have like action and remedy against all persons and bodies politic their heirs successors and assigns which have or shall have any gift or grant of the king or of any other person of the reversion of the same lordships lands tenements and other hereditamētes so letten or any parcel thereof for any condition covenant or agrement contained in the indentures of their lease as they might have had against their said lessours and grauntours their heirs or successors, all benefits & aduantagies of recouries in value by reason of any warranty in deed or in law by voucher or otherwise only excepted.

Provided that this act shall not extend to hinder or charge any person for the breche of any covenant or condition comprised in any such writing as is aforesaid, but for such couenantes and conditions as shall be broken or not performed after the first day of Septembre in the .xxxii. year of this king and not before.

Of falsifieng of recoueries by fermers, enacted .ā. 21. Hen. 8.

All fermers or lessees for term of years may hereafter falsefie for their term only, recouerees had by feigned titles as well as a tenant of frehold might at the come law, And the same fermers or termers their executours and assigns shall enjoy their said terms according to their leases against such recoueries even as if none such had be suffered. In which case nevertheless the recouerer, after such recovery had, shall have like remedy against the termers by auowry or action of dette for rentes and services reserved upon the same lesses, being dew afore the same recoueries, and like actions for waste done after the same recoueries, as the lessours might have had if no such recovery had be had. Furthermore no statute staple, statute merchant, nor executiō by elegit shall be hereafter avoided by any such feigned recovery, but like remedy shall be had to avoid and falsefie the said recoueries, as by the premisses is ordained for the fermour or lessee for term of years.

An act for avoiding of recoueries by collusion against tenātes for term of life .ā. 32. Hē. 8.

WHere diverse persons being ceased of lands tenements and hereditamētes, as tenātes by y ^• courtesy of England, or otherwise only for term of life or lives, have heretofore suffered other persons by agreement or couin between them had, to recover the same against them in the kings court, by reason whereof, those {per}sons to whom the reversion or remainder thereof hath belonged, have after the dethes of y ^e same particular tenantes been driven to their actions for the recontinuance and obtaining of y ^e said lands and tenements so recovered, to their great & importable charges and expenses, and sometime have been clearly disherited of y ^• same: it is therefore enacted, that all such recoueries hereafter to be had or prosecuted by agrement of the parties or by couin, against any such particular tenant of any lands or hereditamentes, whereof y ^e same particular tenant is or hereafter shall be ceased, as tenāt by y ^e curtasie of England, tenant in tail after possibility of issue extincte, or otherwise for term of life, shall from hensforth, as against such persons to whō the reuersiō or remainder thereof shall then appertayn & ageinst their heirs and successors, be clearly void and of none effect.

Provided always, that this act shall not extend to any person y ^t shall hereafter by good title recover any hereditamentes without frawde or couin against any such partituclar tenant by reason of any former right or title, nor to avoid any recovery hereafter to be had against any such particular tenant by thassent and agrement of those in the reversion or remaynder, so that the same assent and agrement do appere of record in y ^e kings court.

Of discontinuance

IT is called a discontinuāce by the laws of England, when he that hath the possession of lands or tenements for the time present & yet not having the fe simple in himself nor in his own right only maketh an alt • enation of the same lands to another person, by reasō whereof, he that should have them after him, and which then hath right unto them, cannot entre into them, but is driven to his remedy by wey of action, in such wise that the said lands be not utterly shifted and gone trō such person of persons as have right unto them, but be alōlie discontinued for a time, til the person which after the death of such discontinuer hath right unto them, do recōtinew & bring them home again not by entrye but by suit and wey of action. As for example, if tenāt in tail of certain lands doth infeffe another in the same, in se simple or fe tail and hath issue and • peth, his issue can not entre into the lands, though he hath title and right unto them, but is put to his action, which is called • formedone in the descendre. And if such tenāt in tail which maketh such a feoffment, hath no issue at time of his death, it is yet nevertheless a discontinuance to him which is either in the reversion or in the remaindre, so that neither thone nor the other can entre, but they be driven to their action he in the reversion to his formedone in the reuertir, and he in the remaindre to his formdone in the remaindre.

In like manner if a bishop doth aliene lands which be parcel of his bishoprich, and dieth: this is a discontinuance to his successor, forasmoch as he cannot entre, but is driven to his writ of entre sine assēsu capituli.

Semblably, if a Dean be sole seised of lands as in y ^• right of his deanrye and maketh such an alienation, this is a discontinuance to his successor. Also if the maistre of an hospital alieneth certain land • s of his hospital, this is a discontinuāce and his successor cannot entre, but is put to his writ de íngressu síne assensu cōfratrum & sororum.

But if a persō or vicar of a church will alien any lands or tenements, which be parcel of his glebe lands to another in fe simple or in fe tail, and dieth or resigneth his benefice: this is no discontinuance to his successor, but that he may very well entre, not w ^t standing such alienation made by his predecessor. The cause of this difference Master Litletonne doth largely declare in his boke of Tenures, which to avoid {pro}lixitie I here omit and remit you to him.

Only of this one thing I will admonish you, that in the .xxxij. year of this king{is} most noble reign, it is enacted, that no fine feffement or other act to be made or suffered by the husband only, of any lands or tenemēt{is} being the inheritance or frehold of his wife, duringe the couerture between them, shall be any discōtinuāce thereof, or be preiudicial or hurtful to the said wife or to her heirs, or to such as shall have right title or interest to the same by the death of such wife, but that the same wife and her heirs, and such other to whom such right shall appertain after her decesse, shall & may thā lawfully entre into all such lands & tenemētes according to their rightes and titles therein.

That wrongful disseisin is no descent in the law, enacted .ā. of wrongful disseisin. 32. Hen. 8.

WHere diverse persons afore this time have by strength and w ^t out title entered into lands tenemētes and other hereditamentes and wrongfully disseased & dispossessed y ^• rightful owners and possessors thereof. & so being ceased by disseisin have thereof died ceased by reason of which dieng sesed, the parties y ^• were so disseised and dispossessed or such other persons as before such descent might have laufully entered into y ^• said lands and tenements be thereby clearly excluded of their entre into y ^• said lands and tenements & put to their action for their remedy and recovery therein: it is enacted, that the di • g ceased hereafter of any such disseisour of any lands tenemētes or other hereditamēts having no right or title therein shall not be taken or demed any such descent in the law for to take away the entry of any such persons or their heirs which at the time of the same descent had good and lawful title of entre into the said lands tenemētes or hereditamendtes, Excepte that such disseasour hath had the peasible possession of the lands tenements or hereditamētes whereof he shall so die ceased by the space of five years next after the disse • sin by him committed without entre or continual claim by such as have lawful title thereunto.

The limitation of prescriptiō enacted anno. xxxii. Hen. viii.

NO person shall sue or maintain any writ of right, or make any title or claim to any lands tenemētes rentes annuities commons pensions porcions corrovies, or other herevitamentes of y ^e possession of his ancestor or predecessor, and declare any further season or possession of his auncestour or predecessor, but only of the season or possession of his ancestor or predecessor, which hath been ceased of the same within .lx. years next before y ^• teste of the same writ, or next before the said title or claim, so to be sued.

Also no person shall sue or maintain any assise of Mortancestor, Cosinage, Ayle, writ of entree upon disseason done to any of his ancestors or predecessors, or any other action possessary, upon the possession of any of his ancestors or predecessors, for any lands or other hereditamentes of any further season or possessiō of his ancestor or predecessor, but only of the season or possession of his ancestour or predecessor, which was ceased of y ^• same within fifty years next before the teste of the oryginall of y ^• same writ. And no person shall maintain any action for any lands or other hereditamentes upon his own seasone or possessiō therein, above .xxx. years next before the teste of the original of the same writ. Item no person shall make any auowry or cognisaunce for any rent suite or service, & allege any season of the same in his auowry or cognizance in the possession of his ancestors or predecessors, or in his own possession, or in y ^• possessiō of any other whose estate he shall claim to have, above fifty years next before the making of the said auowry or conysaunce. Moreover all formdownes in reuerter, formedownes in remainder, and scíre facías upon fy • es of lands or other hereditamētes at any time to be sued, shall be taken within fifty years next after the title of action fallen. And if any person do sue any of the said actions or writtes for any lands or other hereditamētes, or make any auowry conysance prescription or claim for any rente suite service or other hereditamentes, and cannot prove y ^• he or his ancestors or predecessors were in actual possessiō or seasō therein at any time w ^t in y ^• years before limited, if the same be traversed or denied by y ^• party plaintiff demandant or auouant or by the party tenant or defendāt, he and his heirs shall from henseforth be utterly barred forever of every the said wryttes actions auowries conisance prescription title and claim hereafter to be sued or made for y ^• same land{is} tenements or other the premisses, for which the same action wrytte • auowry conysāce title or claim hereafter shall be at any time sewed or made.

Provided, that all persons which now have any of y ^• said actions writ{is} auowries scire facias conisance prescription title or claim depending, or that hereafter shall sewe or bring any of the said writ{is} or actions, or make any of the said auowries cognisances prescription titles or claim at any time before the feast of the ascension of our Lord which shall be in the yere of our lord a thousand five hundredth forty and syxe, shall allege the season of their ancestors or predecessors, or their own possession and season, & also have all other like advantage in the same writtes actions auowries conisances prescriptions and claymes: as they might have had before y ^• making of this statute. Provided also, that if any persons, being now within the age of .xxi. years, or covert barō, or in prisō, or out of this realm of England, now having cause to have or bring any of y ^• said writtes or actions, or to make any auowries cognisances prescription or claymes, it shall be lauful to such persons, to sue or bring any of the said actions, or to make any of the said auowries cognisances titles or claims at any time w ^t in syxe years next after such persons now being within age, shall accomplish the age of .xxi. years, or now being covert barō, shall be sole, or now being in prison, shall be at their lybertie, or now being out of this realm, shall come & be within this realm. And that every such persons in their said actions auowries conisāces titles or claims to be made sued or commenced w ^t in the said syxe years, shall allege the season of their ancestors or predecessors, or of their own possession, or of the possession of those whose estate they shall thā claim: And also within the same syxe years shall have like advantages in y ^• same, as they might have had before y ^• making of this act.

Provided also, that if the said {per}sons now being within age, or covert baron, in prison or out of this realm, do die within age, or being covert, or while they shall be in prison, or out of this realm, or decease w ^t in .vi. years next after they shall accomplysh their full age, or shall be at large, within this realm, or shall become sole, and no determination or iugement had of such titles actions or rightes so to them a • rewed, then the next heir of such persons so dying shall enjoy like advantage to sue demand aduow declare or make their said titles claymes or prescriptions within .vi. years next after the death of such persons, as y ^• same infant after his full age, or the said woman covert after y ^e death of her husband, or y ^e same person being out of this realm after his repair or coming in to y ^e 〈◊〉 or the said {per}son imprisoned after his enlargemēt and coming out off prison, might have had within .vi. years then next ensewyng by force of y ^e provision last before rehearsed▪

Provided also, that if any persons before the said feast of the ascension sue any of the said actions or make any auowry title or claim, & the same happen by y ^e death of any the parties thereunto, to be abated before iugemēt or determination thereof had, then the said persons being demaūdantes or auowantes, or making any such cognisaunce prescription title or claim being than on live, and if not, than their next heirs, may commence their action and make their auowry conisaunce or claim upon y ^• same matter within one year next after such suite abated, and shall have like aduāttage to sue demand avow declare or make their said titles claymes or prescriptions within the said one year, as the demaundantes in such writ or suite abated, or as such as did auowe or make conisance title claim or prescription, might have enjoyed in the said former action or suite.

Provided furthermore, that if any false verdit happen hereafter to be given in any of the said actions suits auowres prescriptions titles or claim{is} than the party grieved may have his attaint upon every such verdit so given, and the plaintiff in the same attaint upon judgment for him given shall have his recovery execution and other advantage in like manner as heretofore hath been used.

Of fines.

FInes have their name, because they make a final ende and determination of all suites strifes and debates between men. For the due leuieng whereof, it was enacted in the .iiii. yere of King Henry the seventh, that they must be solemnly before y ^• iustices of the common place red and proclaimed the same term & three terms next following y ^• ingrosmēt, at which times all y ^• plees must cease. And such fines shall be a sufficient bar and discharge against all persons, saving against women that be covert baron if such women be not privy to the same fine, or such as be within age, in prisō, out of the realm, or out of their right minds. But these fines shall not conclude ne bar all strangers which have right to entre or to have any action, if they come within .v. years astre such proclamations made or (in case the cause of action falleth unto them after the fine so duly levied) if they come and commence their action and suite within .v. years next after such cause of action to them accrued. And they may sue against the takers of the profittes. But if they that have right to the same be within age, in prison, covert baron, out of the realm or not in their right memory: then their title or entry shall be saved unto them till they be of full age, out of 〈◊〉 , discovered and sole, within the real • e or of • ight mind, and then within five years after, their action or entry must be sued or made with effect

Also ye shall understand, that by the said stature of Henry the .vii. it shall be a good plee for all strangers to say, that they that were parties to the fine nor none other to their use, had any thing in the tenements or lands at the time of the leuying of the fine.

Furthermore ye shall note that in the .xxxii. year of this king, for thaduoyding of certain doubts and ambiguities, it was enacted, that all fines as well heretofore levied, as hereafter to be levied according to the said statute of Henry the .vii. by any person of the full age of .xxi. years, of any lands or other hereditamentes being before y ^• fine levied in any wise intayled unto him or to any of his ancestors in possession reversion remaindre or in use: shall be immediately after the same fine levied engrossed and proclamations made, a sufficient bar and discharge forever as well against him & his heirs claiming the same only by force of any such entaile, as against all other to their use, so that the same fines be not levied by any woman after the death of her husband, contrary to the statute made the .xi. year of Henry y ^e seventh, of lands and tenements of thinheritance or purchase of her husband or of any his ancestors given to her in dower for term of life or in tail in use or in possession. Excepted also all fines levied or to be levied of any such lands or other hereditamentes as the owners thereof by any special act of parliament made since the said fourth year of Henry the .vii. be restrained from making any alyenations discontinuancies or other alterations of the same. Also of such lands as be now in suit and variāce in any of the kings courts, or whereof any evidences be now in demand in the Chancery, or which be already covered. Excepted also fines levied or to be levied by any person, of lands or tenements granted to him or to his ancestors in tail either by the king{is} letters patentes, or by virtue of any act of parliament, whereof the reversion is in the king.

Of testaments or last willes.

TEstamentū in latyn is as moche to say as mentis testatio, that is a declaratiō or witnessinge of a man's mind. And there be two sortes of testaments. The one is called testamentum scriptum, that is, a written testament, or a last will by writing, and the other is called testamentum nuncupatū a testament nuncupatiue, which is when a man will express by mouth his last will and testament w ^t out writing, only by calling before him certain of his neighbors in whose presence he doth signify by words his last mind and will. And this for most parte men use to do when for fear of sodennes of death, they dare not abide the writing of their will. And this will (unless it be in certain cases) is as strong and as sure, as is a testament or last will put in writing and sealed with the seal of the testatour.

Also ye shall understand that though a testament by writing be not sealed with the seal of the testatoure, yet is the testament good & effectual in the law.

And ye shall also mark, that where a man maketh ones his testament & will, and afterward maketh another will by words: if his last will be proved before the Ordinary, and by him put in writing and insealed with his seal, such last will shall avoid the first will, unless it be in special cases, and so alweyes the latter will and testament shall avoid the former.

Finally ye shall observe, that by an act of Parliament made in the .xxi. year of our sovereign lord Kinge Henry theight, it was ordained that where part of therecutours named in the testament of their testator wherein any lands or tenements be willed to be sold by them: refuseth to take upon them the administration, & the residue do take the charge and administration thereof upon them: in this case all bargains and sales of the said lands made only by those executors that toke the administratiō of y ^• testament upon them, shall be as good and as effectual in the law, as if as the residue of y ^• same executors so refusing had joined with them or him, if it be but one person, in the making of the bargain and sole.

An act for probate of testaments made .ā. xxi Hē. viii.

NOthing shall be takē by any person that hath authority to take probation insinuation or approbation of any testament for the probation of the same, where the goods of the testatour do not amounte above the value of .C. shillinges. Excepte to the scribe for writing thereof .vid. And for the commission of ministration of the goods of any dieng intestate not being likewise above .C. shillīges, vid. Also none having power to take probation of testaments shall refuse to approve such testaments being lawfully offered unto them in writing w ^t wax thereto affixed ready to be sealed, so that the same be lawfully proved before y ^• same ordinary to be true. And when the goods of the testatour do amount above the value of .C. shillinges & not exceed the sum of xl.li, none shall take for the probation regestring sealing and writing of any such testament above the sum of iii s.vi d. whereof to be to them y ^• have authority to take the probation .ii s. vi d, and the other .xii d. to the scribe for regestring of the same.

And where the goods amoūt above xl.li. than only .v. shyllynges to be taken, whereof to be to them that have authority to take the probation .ii s. & .vi d. and the other .ii s. vi d. to be to the scribe for y ^• regestring or else if he will refuse that .ii s. vi d, then he to have for every .x. lines of the same testament every line containing in length .x. inches, i d.

And they that have authority as is above said shall approve insinuate seal and regester the said testaments and deliver the same sealed with the seal of their office to thexecutours for the sommes abovesaid & that with convenient speed without any frustratorie delay.

And if any person die intestate or thexecutours refuse to prove the said testament: than they having authority as is abovesaid, shall grauntthadministration of y ^• testatours goods or person disceased to the widow of the same person deceased or to y ^e next of kin or to both after their discretiō, taking surety of them for y ^e true administration of the goods & dettes which they shall be so authorised to minister. And where one or diverse claim thadministration as next of kin which be egal in degree of kindred, or where any one person desireth the administration as next of kin where in deed diverse persons be in equality of kindred: then in any such case the ordinary shall be at liberty to take one or mo making request. And where diverse do require the administration, or where but one or mo of them and not all being in like degree, make request: than the ordinary shall admit the widow and him or them only making request or any of them, taking nothing for the same where the person deceased died not worth C.s. And if he died worth C.s. and not above xl.li: than ijs. vi d. only to be taken. And thexecutor or administratour calling to him the dettors two at y ^e least or such persons to whom any legacy was made and if they refuse than .ii. next of kin to the person deceased and in their defaute .ii. other honest persons shall by their discretions make a true inuentory indented of all the goods, which persons sweringe before the bishop or his officers to be true: shall deliver the one parte thereof unto them, & the other keep with himself. And none having authority to take probate of testaments upon pain contained in this statute shall refuse to take any such inuentory presented or tended to them.

Provided, if any person shall dispose or will by his testament any lands or hereditament{is} to be sold, that the money or profits of y ^e same be accōpted for goods or catels. And they having the authority abovesaid upon the delivery of the seal and sign of the testatour shall cause y ^• same to be defaced and incontinent shall redeliuer it to y ^• executor w ^t out any claim. And if any require a copy of the testament and inuentory: than they having authority or their ministers, shall w ^t out frustratorie delay, deliver them a copy taking therefore and for the regestring of the same (or else for every ten lines. i d) as before is specified.

Provided, that where they having authority as is abovesaid have used to take less for the probate of testaments or other things concerning the same than is here specified: they shall take as they did before this act.

Now if any that have authority to take probate of testaments or their ministers do attempt against this act: they shall forfete for every time to the party grieved as moche money as they shall take contrary to this act. And over that .x.li, the one half to the king, the other to the party grieved, y ^t will sue by action of dette bill information or otherwise in any of the kings courts, wherein no essoine protection nor wager of law shall be allowed, And every of them shall be charged for him self and for none other.

Provided, that every having authority abovesaid, may cal before them every person named executor, to the intent to prove and refuse the testament and to bring in inuentaries and to do every other thing concerning the same, as they might before this act, so that neither they nor their ministers shall take above the fees limited by this act.

How lands and tenements may be by testament or otherwise disposed, enacted .ā. xxxii. Hē. viii.

EUery person having lands or other hereditamētes holden in socage, or of y ^e nature of socage tenure, and not having any lands or hereditamētes holden of y ^e king by knights service, or by socage tenure in chief or of y ^e nature of socage tenure in chief, nor yet of any other person by knights service: shall from y ^• .xx. day of July in the year of our lord .M.D.Xl. have full liberty & power to give dispose & devise as well by testament in writing, as otherwise by any act laufully executed in his life, all his said lands or hereditamentes or any of them.

And every person having lands or other hereditamētes hold̄ of y ^• king in socage or of the nature of socage tenure in chief, and having also any other lands or hereditamentes holden of any other person in socage or of the nature of socage tenure, & not having any hereditamentes holden of y ^• king or of any other by knyghtes service: may from the said time give and devise as well by testament in writing, as otherwise by any act laufully executed in his life: all his said lands and hereditamentes or any of them at his pleasure. Sauing to the king all his right of primer season & reliefes, and also all other rightes & duties for tenures in socage or of the nature of socage tenure in chief, as heretofore hath been accustomed, the same lands or hereditamentes to be taken and sued out of the kings hands by the person to whom any such lands shall be disposed willed or devised in like manner as hath been used by any heir or heirs before the making of this statute. And saving and reseruinge also fines for alienations of such lands tenements or hereditamentes hold̄ of the king in socage or of the nature of socage tenure in chief whereof shall be any alteration of frehold or inheritance made by will or otherwise as is aforesaid.

Item all persons having lands or other hereditamētes of estate of inheritance holden of the king in chief by knights service or of y ^e nature of knights service in chief: shall in like manner have power to give will or as • sign two parties of the same in three partes to be divided or elles as much of the same as shall amount to the yer • y value of two partes of the same in three partes to be divided in certainty and by special divisions as it may be known in seueraltie for y ^e aduācement of his wife preferment of his children and payment of his dettes or otherwise at his pleasure. Sauing to the King as well the wardship and primer season of as much as shall amoūt to the clear yearly value of the third parte thereof w ^t out diminution dower fraud couein charge or abridgement thereof: as also all fines for alienations of all such lands and tenements so holden of him by knights service in chief, whereof there shall be any alteration of frehold or of inheritance made by will or otherwise.

And every person having lands or truementes of estate of inheritance holden of the king in chief by knight{is} service, & other lands holden of him or of any other by knights service or otherwise, shall from the said .xx. day of July have pour to give or assign by his testament or otherwise as is aforesaid two partes of y ^e same in three partes to be divided or elles as much thereof as shall extend to y ^• yearly value of two partes of the same in three partes to be divided in certainty. Sauing to the king y ^• wardship & primer season of as much thereof, as shall amounte to the yearly value of y ^e third part, w ^t out diminution dower couein charge or subtractiō of the same or of the full profittes thereof. Sauing also all fines for alienations as is abouesayde.

Item every person holding land{is} or other hereditamentes only of any other than of y ^• King by knights service and other lands and tenemētes in socage or of y ^e nature of socage tenure may give dispose or assure by testament or otherwise as is aforesaid two partes thereof holden by knights service or as much as shall amount to the full yearly value of two partes in manner above declared: And also all the lands and tenements holden by socage or of the nature of socage tenure at his pleasure. Sauing to the lord of the lands and tenements holden by knights service for his wardship as much thereof as shall amount to the clear yearly value of the third parte w ^t out any diminutiō dower fraud. &c

And every person holdinge only of y ^e King by knights service but not in chief, or holdīg of y ^• king by knights service and not in chief, and also other hereditamentes of others by knights service and holding also other hereditamentes of any other person in socage or of y ^• nature of socage tenure: may give devise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knights service & two part{is} of the hereditamentes holden of any other persō by knights service, or as much of either of them as shall amoūt to the full yearly value of two partes and also all his lands and tenemētes so hold̄ in socage or of y ^e nature of socage tenure. Sauing as well to y ^e king the wardship of as much as shall extend to the clear yearly value of the third parte of the same so holden of him by knights service without diminution &c. As also to the lords of whom any of the said lands or other hereditamētes been holden by knights service for wardshyp as moche of the same so hold̄ of them by that service, as shall amount to the clear yerly value of the third parte in manner above declared.

Provided, that if that third parte which in any of the cases abovesaid shall come to the king do not amount to the clear yearly value of the full .iii, part of all the said hereditamentes whereof y ^e king shall be intitled to have the custody or primer season: than the king may take into his hands as much of the other two partes of y ^e said hereditamētes as with that of y ^e same hereditamētes remaining in his hands shall make up the clear yearly value of the third parte of y ^e said lands and tenements so to be had to him in title of wardship and primer seasō. And like benefyte to be given to every lord of whom any such hereditamentes shall be holden by knights service concerning only his third part for title of wardship.

Also all persons shall sue their lyueries for possessions reversions or remaynders, and also pay reliefes and heriettes like as they should have done before y ^• making hereof. And fines for alienatiōs shall be paid in the Chancery upon writtes of entre in the post to be obtained there after the said .xx. day of July for common recoueries to be suffered of any lands holden of the king in chief in like manner as is used upon alienations of lands so holden in chief by fi • e or feoffment.

Provided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the post as is aforesaid, none other fine shall be paid in the same court for any such writtes.

Item where two or more persons hold of the king by knights service jointly to them & to the heirs of one of them, and he that hath the inheritance thereof dieth, his heir being w ^t in age: the king shall have y ^• ward and marriage of the body of such heir the life of the freholder or freholders of the lands so holden by knights service notwithstanding.

Sauing to all women such right & title of dower as they owe to have of any lands or tenements by the laws of this realm to be assigned unto them out of y ^• two partes of the said lands or tenements severed frō the third parte as is abouesaide and not otherwise. And saving also to the king the reversions of all such tenātes in ioyntenure and dower immediately after y ^e death of such tenantes, if they shall happen to die, during y ^• none age of the kings wards.

Of mariagies, enacted .ā. 32. Hen. 8.

IT is enacted, that from y ^e first day of July, in the year of our Lord a .M.D. and .XL. all marriages within this church of England contracted between lawful persons, as by this act we declare all persons to be lauful that be not prohibited by gods law to mary, such marriages being contract and solemnised in the face of the church & consummate with bodily knowledge or fruit of children or child being had therein between y ^• parties so married, shall be demed & taken to be lawful good & indissoluble, not withstādyng any precontract of matrimony not cōsūmate with bodily knowledge which either of y ^• persons so married or both shall have made with any other before the time of contracting that marriage which is solemnised and consūmate, or whereof such fruit is ensued or may ensue as afore: and not withstanding any dispensation prescription law or other thing granted or confirmed by act or otherwise: And that no reservation or prohibition, godes law except, shall trouble or impeache any marriage without leuiticall degrees. And that no person shall after the said first day of July aforesaid, be admitted in any of the spiritual courts w ^t in this the kings realm, or any his other lands and dominions, to any process plee or allegation contrary to this act.