it nor of any parcel therof ye be without remedy by course of the comoÌ„ law for ye can not distreyne for it nor yet bryng your wrytte of an nuitie but if ye were ones seised of it or of parcel therof and it is estsones behinde then youre remedie shall be this Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng and there demaunde the arreragies of the rent whiche if the tenaÌ„t denye to paye this denyal is a disseisin of the rent Also if the tenaunt be not then ready to pay it this counter uayleth a denyal which is a disseisin Moreouer if neither the tenaunt nor none other man be remayning vpon the grounde to pay the rent when ye demaund the arreragies this also is a denyall in the law and is in very dede a disseisin And of these disseisinê ye may haue an assise of nouell disseisin against the tenaunt and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee And if after suche recouery and execution had the rente be agayne at an other tyme denyed you then ye may haue a redisseisin and shal recouer your double dammagies c. It shal be therfore good wisdome for a man when a rent is grauÌ„ted by any persone vnto him to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent and then if at the next day of paiment the rent be denyed him he may haue an Assise of nouel disseisin And ye shall note yâ— there be thre causes of disseisin of rent seruice that is to wete rescouse repleuin incloser Rescouse is when the lorde vpon the lande holden of him distreyneth for his rent behynde and the distresse is rescued from him or if yâ— lord come vpon the land and wyl distreine and the tenant or any other man for hym wyl not suffre him this is called Rescouse Repleuin is when the lorde hath distreyned repleuin is made of the distresse by wryt or by playnt Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and haue his rent that is to wete by distresse And there be iiiij causes of disseisin of a rent charge the is to wete rescous repleuin encloser and denyer For denyer or denyal is aswell a disseisine of a rente charge as it is of a rent secke Finally ye shal vnderstande that there be two causes of disseisin of a rent secke that is denyall enâ—loset And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid that is to wete this when the lorde commeth to the lande holden of him or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd and the tenant hearing this encountreth him and forstalleth him the weye wyth force and armes and manaceth him in such sort as he dare not come to yâ— ground for to distreine for his rent behynd for feare of death or of mutilatioÌ„ of his membres this is a disseisin bicause the partie is disturbed of his mean lawful remedy wherby he ought to come to his rent Finally ye shall obserue marke that by an act of parliament made in the xxxij yeare of oure soueraygne lorde king Henry the eight it is lawful for the executours and administratoures of tenantes in fe simple tenantes in fee tayle and tenantes for terme of lyfe of rent seruices reÌ„t charges rent seckes and of fee fermes for the arreragies of suche reÌ„tes as were due vnto theyr testatoures in their liues either to distrayne for the same or at their election to brynge an action of dette sauyng in such lordshipes in Wales or in the marches therof where the tenauntes haue vsed tyme out of mynde to pay vnto euery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due vnpayd in her lyfe Likewise it is of him that hath a rent for terme of an other mans lyfe if he for terme of whose lyfe he hath the rent dyeth yet by vertue of yâ— sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had yâ— rent How Auowries ought to be made of rentes and seruices inacted aÌ„ 21. Hen. 8. WHere any landes be holden of any person by rentes customê or seruices if the lord distrayne vpon the same landes for any such rentes customes and seruices and repleuin therof be sued the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vpon the same laÌ„des as within his fee and scignorye aledging in the sayd auowry conysance or iustification the same landes to be holden of hym wythout namyng any person certayne to be tenante of the same and wythout making any auowrye iustification or conisaunce vpon any persone certayne And lykewyse vpon euery wrytte sued of seconde delyuerance And they that make any such auowrye iustification or conisaunce if yâ— same avowrye conysaunce or iustificatioÌ„ be fouÌ„d for them or the playntyffe be nonâ—uâ—â— or otherwise barred then they shal recouer their damagies and costes Also the said playntyffes defendauntê shal haue lyke plees lyke aide prayers plees of disclaymer onely except as they myghte haue had before the makyng of this acte Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce as well without processe as by processe shall from henseforth also in this case ioyne vnto them as wel wythout processe as by processe and haue lyke plees and lyke auauntages in all thinges disclaymer onely excepte as they myght haue by the comen law before thys acte ¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours made aÌ„ 32. Hen. 8. IT is inacted that aswel al persons whych haue or shal haue any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges
of his children and payment of his dettes or otherwise at his pleasure Sauing to the King aswel the wardship and primer season of as moch as shal amouÌ„t to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise And euery person hauing laÌ„des or truementes of estate of inheritaunce holden of the king in chief by knightê seruice other landes holden of him or of any other by knightes seruice or otherwise shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of the same in thre partes to be diuided or elles as moch therof as shal extende to yâ— yearly value of two partes of the same in three partes to be diuided in certainty Sauing to the king yâ— wardship primer season of as moch thereof as shall amounte to the yerely value of the third part wtout diminution dower couein charge or subtractioÌ„ of the same or of the ful profittes therof Sauing also al fines for alienations as is abouesayde Item euery person holding landê or other hereditamentes onely of any other than of yâ— King by knightes seruice and other landes and tenemeÌ„tes in socage or of the nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutioÌ„ dower fraud c And euery person holdinge onely of the King by knightes seruice but not in chief or holdiÌ„g of yâ— king by knightes seruice and not in chiefe and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of yâ— nature of socage tenure may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice two partê of the hereditamentes holden of any other persoÌ„ by knightes seruice or as moch of either of them as shal amouÌ„t to the ful yearly value of two partes and also al his landes and tenemeÌ„tes so holdeÌ„ in socage or of the nature of socage tenure Sauing as wel to the king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution c. As also to the lordes of whom any of the said landes or other hereditameÌ„tes bene holden by knightes seruice for wardshyp as moche of the same so holdeÌ„ of them by that seruice as shal amount to the clere yerly value of the thirde parte in maner aboue declared Prouided that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii part of all the sayde hereditamentes whereof the king shal be intitled to haue the custody or primer season than the kinge maye take into his handes as moch of thother two partes of the sayd hereditameÌ„tes as with that of the same hereditameÌ„tes remayning in his haÌ„des shal make vp the clere yearly value of the thirde parte of the said laÌ„des and tenementes so to be had to him in title of wardship and primer seasoÌ„ And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concerniÌ„g only his third part for title of wardship Also al persons shal sue their lyueries for possessions reuersions or remaynders and also pay reliefes and heriettes like as they shuld haue done before yâ— making herof And fines for alienatioÌ„s shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fiâ—e or feoffement Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde none other fine shal be payd in the same court for any such writtes Item where two or more persons holde of the king by knightes seruice ioyntly to them to the heires of one of them and he that hath the inheritaunce therof dyeth his heire beinge wtin age the king shal haue yâ— warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding Sauing to al women such right title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of yâ— two partes of the said landes or tenementes seuered froÌ„ the thirde parte as is abouesaide and not otherwise And sauing also to the king the reuersions of al such tenaÌ„tes in ioyntenure and dower immediatly after the death of such tenantes if they shal happen to die during yâ— none age of the kinges wardes ⧠Of mariagies inacted aÌ„ 32. Hen. 8. IT is inacted that from the first day of Iuly in the yeare of our Lorde a M.D. and XL. al mariages within this churche of Englande contracted betwene lawful persoÌ„s as by this act we declare al persoÌ„s to be lauful that be not prohibited by gods law to mary such mariages being contract and solemnised in the face of the church consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene yâ— parties so maryed shal be demed taken to be laufull good indissoluble not withstaÌ„dyng any precontract of matrimony not coÌ„suÌ„mate with bodily knowlege whiche either of yâ— persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consuÌ„mate or wherof such frute is ensued or may ensue as afore and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise And that no reseruation or prohibition godes lawe excepte shal trouble or impeache any mariage without leuiticall degrees And that no person shal after the said fyrst day of Iuly aforesaid be admitted in any of the spirituall courtes with in this the kinges realme or any hys other landes and dominions to any processe plee or allegation contrary to this acte FINIS EX AEDIBVS RICHARDI TAVERNERI PER RICHARDVM BANKES TYPOGRAPHVM CuÌ„ priuilegio ad imprimendum solum
personne suchâ— landes to haue to hold to him and to his assignes for euermore here a state of inheritauÌ„ce doth passe for in testamentes the wil and intent of the testaour is to be pondred not the formal prescripte wordes of yâ— law Also these termes in the lawe franke mariage and franke almoâ—e that is to saye free mariage and free almose do include in them wordes of inheritaunce And therfore if I giue landes to a man wyth my daughter in franke mariage wythout further addicion or meÌ„cion of heires this is an estate of inheritaunce as we shal hereafter declare more plentiouslye In likewyse it is of landes giuen to an house ecclesiastical in pure fraÌ„k almes Moreouer if landes be giuen to a maÌ„ to his blode or to him to his seed he hath in both cases a state of inheritauÌ„ce for in yâ— one he hath a fee taile in thother a fe simple For this word seed and bloud and suche lyke do implye wordes of inheritaÌ„ce But nowe it is to be sene who be sayde a mannes heyres in the lawe Ye shall therfore knowe that my brother or syster by the halfe bloude that is to wytte by the fathers syde and not by the mothers or contrary wyse by the mothers and not by the fathers shall neuer be myne heyre nor none that come of them Neither my bastarde can be myne heyre nor myne owne naturall father ne mother nor grandefather ne grandmother can be myne heyre For it is a principle and grounde in the lawe that inheritaunce may linially descend but ascende it may not And therfore if I haue landes in fee simple and dye wythout issue of my bodye my father can not be myne heire but my fathers brother or syster shal and then if my vncle or aunt dye seased wythout issue my father shal haue the landes as heir to myne vncle or to my aunte but heyre to me he can not be But it maye go from me to myne vncle or aunte well ynoughe for that is not called a linial ascension but a collatrall And ye shal note that by the commoÌ„ lawe of this realme my eldest sonne shall haue the hole inheritaunce and after hym if he hathe no issue the seconde sonne and so forth And if I haue no sonnes but daughters than shal al the daughters togither inherite if I haue no issue at all neither sonâ—es ne daughters than shall my eldest brother in heritage succede me but if I haue no brother than my systers if I haue any if not my vncle by my fathers syde if the landes be of myne owne purchase And to be shorte if there be none in lyfe of my fathers syde it shall goo to my mothers syde and if there can be found no heyre neither by fathers syde ne yet by mothers then shall it reuerte and eschete as they call it to the lord of whome it was holden for euerye lande must nedes be holden of some lorde as shall be here after shewed But if landes descende vnto me by my mothers syde than if I fayle of issue the landes shall descende onely to my heyres of my mothers syde neuer to myne heyres of my fathers syde as on the contrarye syde yf I haue landes or any hereditamentes by disceÌ„t froÌ„ my father or his blode they shal neuer descend to my heires by my mothers syde Thus ye se a greate difference in this behalfe bitwene purchased landes and landes which descende from my auncestoure Yf there be thre sonnes and the myddell sonne purchaseth landes dye wythout issue the heldeste shall haue the laÌ„des and not the yongest Also it is a principle in oure law that none can be myne heyre of landê that I holde in fee simple onles he be myne heyre by the hole blode that is to say both by father and mother for if a man hathe issue two or thre sonnes by sondry wyues and the eldest purchaseth landes in fee and dyeth wythout issue his halfe brethren I meane those that be not his brethren bothe by the fathers syde mothers syde shall not haue the lande but it shall go to his vncle Lykewyse if a man hath by his fyrste wyfe a sonne and a daughter and by his seconde wyfe an other sonne and the sonne by the fyrst wyfe purchaseth landes in fee and dyethe wythout issue the syster german shall haue the landes by disceÌ„t as heyre to her brother and not to the yoÌ„ger brother Otherwise it is of landes or other hereditameÌ„tê entailed as shal be herafter specified Also if a man be seised of landes in fee simple and hathe issue a sonne and daughter by one wyfe and afterwarde a sonne by an other and dyeth and the eldest sonne entreth in to the landes and after dyeth wythout lawfull issue of his body the daughter shall haue the landes and not the yongest sonne and yet the yongest sonne is heyre to his father but he is not so to his brother But if in thys case the eldeste sonne had not entred after the death of his father but had died before any entre made by hym than shal not the syster germaine entre but the yonger brother is heire to his father bicause the eldest brother was neuer in actuall possessioÌ„ which is requisyte to that personne that claymeth to be heyre collaterallye But to the lyniall heyres it suffiseth that the auncestour shuld haue bene heyr yf he had liued I meane as thus A man is seased of landes and hath issue a sonne daughter by one wyfe and afterwarde a sonne by an other he dyethe the eldeste sonne entrethe not but dyeth wythout issue before he can make any actuall entree hys syster shall not haue the landes as heyre to her brother bycause her brother was neuer actually possessed but yâ— yoÌ„ger brother shall haue them as heyre to his father Yet if theldest sonne in that case had lefte behynde him issue of his body whether it had bene soÌ„ne or daughter this issue not wythstandyng that the father of the issue was neuer possessed either actually or in the law shal haue the laÌ„des and shal conuey his discent from his father for the sonne or daughter is linial heyre where as the brother sister vncle aunt c. be heyres collaterall and so obserue a dyuersitie I call an actuall possession whan a man entreth in dede in to landes to him desceÌ„ded but a possessioÌ„ in lawe is called when landes be descended to a persone ann he hath not yet real ly and actually eÌ„tred in to them For notwythstandydge that he is not in actuall possession yet he is possessed in the lawe that is to say in the eye consyderation of the law for asmuch as he is tenaunt to euery mans action that wyll sue for the sayd landes for els there shulde insue an intollerable inconuenience as we shal more copyously open in an other place Ye shall vnderstande that thys worde inheritaunce is not onelye to be accommodate and
seruice but is of the tenure of socage as shall be herafter more amplye shewed Of warde mariage and reliefe EUery knyghtes seruice draweth vnto it warde mariage and releife Wherfore it is now ryght expedient somewhat to entrete of them Ye shall therfore be admonished that whan the tenaunte whyche holdeth hys lande by knyghtes seruyce dyeth his heyre male beynge at that tyme wtin thage of .xxj. yeares the lorde shall haue the warde that is to saye the custodye or kepynge of the landes so holden of hym to hys own vse and profyte tyl the heyre cōmeth to the full age of .xxj. yeares For the law here presumeth that tyl he cōme to this age he is not able to do such seruice as is of this tenure requyred Furthermore yf such heyre be vnmaryed at the tyme of the deathe of the tenaunte than the lorde shal haue also the warde and bestowynge of the maryage of hym But yf tenaunt by knyghtes seruice dyeth hys heyre female being of thage of .xiiii. yeres or aboue thā the lord shal haue the ward neyther of the lande ne yet of the bodye of suche an heir and the reason herof is bycause a woman of that age maye haue a husbande hable to do knyghtes seruice that is to saye to wayte vpon the kynges maiesties persone whan he auaunceth into Scotlande wyth hys armye royall But if suche an heyre femalle be within the age of .xiiii. yeres and not maryed at the tyme of the deathe of her auncestoure than the lorde shall haue the warde of the lande holden of hym tyll suche heyre female commeth to the age of .xvi. yeres by force of an acte of parliamēt in the statute of Westm̄ the fyrste Note that there is a great diuersitie in the lawe bytwene the ages of females and of males for the female hath these manye ages apoynted by the lawe Fyrste at .vii. yeares of age the lored her father maye distreyne his tenauntes for ayde to mary her Seconde at .ix. yeares of age she is dowable Thyrdlye at .xii. yers she is hable to assent to matrymonye Fourthly at .xiiii. yeares she is able to haue her lande and shall be oute of warde if she be of thys age at the geantye but of the kynge onelye Homage auncestrell TEnaunt by homage auncestrel is he whyche holdeth his lande of his lorde by homage and bothe he and his auncestours whose heyre he is haue holden the same lande of the saide lord of his auncestours tyme out of mynde by homage and haue done vnto them homage and this is called homage auncestrell by reason of the longe continuaunce whyche hath bene by title of prescription as well concernynge the tenauncye in the bloude of the tenaunte as concernynge the lordeshyp in the blode of the lord And this seruice of homage auncestrell drawethe vnto it warrantye that is to saye yf the lorde which is nowe in lyfe hathe ones receyued the homage of his tenant he oughte to warrant the same tenaunte what tyme so euer he shal be impleaded or sued for such lande so holden of him by homage auncestrell Moreouer suche seruice of homage auncestrell draweth to it acquitall that is to saye the lorde oughte to acquyte the tenaunt agaynste all other lordes that can demaūd any maner of seruice out of the tenauncye Wherfore yf in thys case the tenaunte whyche holdethe by homage auncestrell be impleaded of hys landes and voucheth his lorde to warrauntye who commeth in by processe and demaundethe of the tenaunte what he hath to bynde hym to the warrantye and the tenaunt sheweth howe he and his auncestours whose heyre he is haue holden his lande of hym and of his auncestoures tyme ease or continuall infirmitie All these and suche lyke be dispargementes But here also ye shal vnderstande that it shall be sayd no dispargement onlesse the heyre be so maryed when he is wythin the age of discretion that is to say within the age of .xiiii. yeres For if he be of that age or aboue and consenteth to such mariage it is no dispargement neyther shall the lorde for suche mariage lose his warde bycause it shal be reputed and assigned to the folye of the heire beynge of age of discretion to consēt to suche mariage Now yf the gardeyne offre to the heyre beyng in his warde a conuenient mariage wythout dispargement and the heyre refuseth it as he maye very wel do than the lord shall haue the value of the mariage of suche heyre whan he commethe to hys full age But yet yf he marye hymselfe being so in warde agaynste the wyll of hys gardeyne than he shal paye the double value by force of the statute of Merton before remembred And ye shall note that if landes holden by knyghtes seruice descende to an infaunte from hys mother or from any of hys auncestours his father beyng yet alyue in thys case the lorde shall not haue the mariage of this heyre for during the lyfe of the father the sonne shall be in warde to no man Finally it is to be knowne that he whyche is gardeyne in cheualrye in ryght maye after he hathe seased the warde graunte the same eyther by dede or wythout dede to an other man than he to whom suche graūt is made is called gardeyne in fayte Now as touching reliefe ye shal knowe that yf a man holdethe hys lande by knightes seruice and dyeth hys heyre beynge of full age the full age of the male is .xxi. yeares of the female .xiiii. then y◠lord of whome the land is holden shal haue of the heyr reliefe Reliefe of a hole knightes fee is C s. of halfe a knightes fee fyftye s Also a man maye holde landes of a lord by two knyghtes fees and thā the heyre beynge of full age at the death of his auncestoure shal paye to his lorde for reliefe .x. poundes Seruice of castel garder YE shal vnderstande that a man may holde by knyghtes seruice and yet not hold by escuage nor shal paye no escuage for he may holde by castell garder that is to saye by seruyce to kepe a tower of hys lordes castell or some other place vpō a reasonable warnynge whan hys lorde heareth that enemyes wyll come or be alredy come into Englande Thys seruyce is also knyghtes seruice and drawethe to it warde mariage reliefe as the common knyghtes seruyce dothe Of graunde sergeauntie THere is also an other kynde of knightes seruice called grande sergeantye whyche is where a man holdeth is landes or tenementes of the kynge by suche seruice as he oweth in proper person to do as to bear the baner of oure soueraigne lorde the kynge or his spere or to conduct hys hoste or to be his marshall or to be the sewar caruar or butler at the feaste of the coronation or to be one of the chamberlaynes of the receypt of his eschequere or to do lyke seruices to the kyng in propre persone such maner of seruyce I saye is called grande
prysoner in warres and is compelled to serue and become the thrall and bondeman of hym that toke hym the lawe calleth suche persone a villayne And ye shall note that vyllaynes be properly called in latyn serui bycause that whaÌ„ they be taken in war the captaynes be wonte not to kyll them but to sell them and so to saue theyr lyfes so that they be called serui a seruando that is to say of sauyng They be also called Mancipia a manu capÃendo bicause that they be taken by hand poure of the enemies Nowe as I sayde by the lawe oâ— nature we are al borne free but after that by the lawe of Gentilitie seruitâ—te inuaded the worlde than ensued the benefyte of manumission Manumission is de manu datio that is to saye a gyuynge out of the hande or power For so longe as a man is in bondage and seruitute he is subiecte to the hande and power of an other and whan he is manumissed he is made free delyuered from the sayd power so that a manumission is nothynge elles than an enfranchisemeÌ„t that is to saye a wrytynge testifieng that the lorde hath enfranchised his villayn al his offpring and sequel Also yf the Lorde maketh to hys villayne an obligacion of a certeyne summe of money or grauntethe to him by his dede an annuitie or yearly pension or leaseth to hym by dede landes or tenementes for terme of yeres any of these actes do imply an enfranchisement Lykewyse yf the Lorde maketh a feoffement to his villayne and maketh vnto hym lyuery of seysâ— thys also is an enfranchisment and secret manumissioÌ„ Brefely to speke where so euer the lorde compelleth his vyllaine by the course of the lawe to do that thyng that he myght otherwyse eÌ„force him to do or to suffre without the auctoritie and compulsion of the lawe he doth by implication enfranchise his villayne as if the lorde wyl bryng agaynst his villayne an action of det an action of accompt of couenant or of trespace these and such lyke be in the eye of the lawe enfranchisementes and manumissions bycause that the lorde in all these cases may haue the effecte and purpose of his suite that is to saye the goodes catels and correctioÌ„ of his bondman without the compulsion of the lawe euen by his owne propre power and authoritie whyche he hath vpon hys villayne But if the lord doth sue his vilayne by an appeale of felonye the villayne beyng lawfully endyted of the same before this is no tacite manumission or infranchisemeÌ„te for the lorde though he haue power to beate his villaine and to spoyle him of his goodes yet he can not by the lawe of this Realme put him to deathe Ye shall also vnderstande that if a mannes villayne purchaseth landê or acquyre and gette vnto him anye other thynge the lorde maye by and by entre and sease the same in to hys owne handes Wherfore if the lorde wyll brynge agaynste hys villayne a praecipe ê™ reddat by whyche he demaundeth agaynst his villayne any landes or tenementes this implyeth an enfranchisemente for asmoche as he byndeth himselfe to the prescripte and authoritie of the lawe where as he might vse his owne authoritie by entring and seasing the said landes Finally ye shal marke that some villaynes be called villaynes in grosse and other some be called villaynes regardaÌ„t In grosse be they of which the lorde is seuerally seased and not by reasone of any lordeshyp or maner but they be called regardaunte whiche do belonge to a Manoure of whyche the lorde is seased and the sayd villaynes haue bene regardant that is to saye expectant and attendante tyme out of mynde to the lorde of the sayde Manour in doing vnto him suche seruices as to a villayne appertayne ⧠Of rentes ⧠FOr asmoch as vpoÌ„ euery tenure there is commonly reserued one rente or other therefore I thynke it good sumwhat to treate of rentes But ye must vnderstande that there be sundry sortes of rentes There is one kynde of rente whyche is called rent seruice â—n other whiche is called rent charge and the thyrde which is named in frenche rente secke that is to saye in latyne redditus siccus a drye rente Nowe rent seruice is so called bycause it is knyt to the tenure and is as it were a seruice wherby a man holdeth his landes or tenemeÌ„tê or at lest way when the rente is vnseuerably coupled and knyt wyth the seruice as for an exemple where the tenant holdeth his lande of the king or of any other lorde by fealtie and by certaine rente or by homage fealtie and certaine rent or by any other sortes of seruices by certaine rent this rent is called rente seruice And here ye shal note that if this rent seruice be at any time when it ought to be payed behynde and vnpayde the lorde of whom the land or tenement is so holden whether it be in fee simple fe taile for terme of life for yeres or at wyll may of common right entre and distraine for the rent though there be no mencion at all ne clause of distresse put in the dede or lease I said before that yâ— nature of this rent seruice is to be coupled and knyt to the tenure For where no tenure is there can be no rent seruice And therfore if at this day I be seised of landes in fee simple and make a dede of feffement of the same to an other in fe simple reseruing by the same dede a rente thys can be called no rente seruice bicause there can be nowe no tenure betwene the feffoure and the feffee Otherwise it is of feffementes in fee simple made before the statute of Westmester the thirde called Quia emptores terraruÌ„ For before the making of yâ— statute if a man had made a feoffement in fe simple reseruynge to him a certayne rent yea though it had bene wtout dede here had bene created a new tenure betwene the feffoure and the feffee and the feffee shuld haue holdeÌ„ of the feffoure who by vertue of the same myght of common right haue distreyned for suche rent But at this daye by force of the sayde acte there can be no suche holdyng or tenure created nor begonne and consequently no rent seruice can be at this daye reserued vpon anye gyfte in fee simple except it be in the kinges case who being chiefe lord of all euer might and may giue landes to be holden of him Thus ye se that at this day no subiect can reserue any rente seruice vnto him onles the reuersioÌ„ of the landes or tenementes that he shall graunt be styll in him as where he grauntethe them in feâ— tayle or maketh but a lease for terme of lyfe or for certayne yeares or ells at wil. For in al these cases the reuersion of the fee simple remayneth styll in hym and therfore if here be anye rent reserued it is to be called a rent seruice and is of common right distreynable
tenemeÌ„tes or hereditamendtes Excepte that such disseasour hath had the peasible possession of the laÌ„des tenementes or hereditameÌ„tes wherof he shal so die seased by the space of fiue yeares nexte after the disseâ—sin by him commytted without entre or continual clayme by such as haue lawful title therunto ⧠The limitation of prescriptioÌ„ inacted anno xxxii Hen. viij NO person shal sue or maynteine any writte of right or make any title or claym to any laÌ„des tenemeÌ„tes rentes annuities commons pensions porcions corrovies or other herevitamentes of the possession of his ancestor or predecessor and declare any further season or possession of his auncestour or predecessor but onely of the season or possession of his ancestor or predecessor whiche hath bene seased of the same within .lx. yeares nexte before yâ— teste of the same writte or next before the said title or claime so to be sued Also no persone shal sue or mainteine any assise of Mortancestor Cosinage Ayle writ of entree vpon disseason done to any of his auncestors or predecessors or any other action possessary vpon the possession of any of his auncestours or predecessours for any landes or other hereditamentes of any further season or possessioÌ„ of his ancestor or predecessor but onely of the season or possession of his ancestour or predecessor whiche was seased of yâ— same wythin fifty yeres next before the teste of the oryginall of yâ— same writ And no person shal maynteyne any action for any landes or other hereditamentes vpon his owne seasone or possessioÌ„ therin aboue .xxx. yeares next before the teste of the original of the same writte Item no person shal make any auowry or cognisaunce for any rent suite or seruice alledge any season of the same in his auowry or cognisance in the possession of his ancestors or predecessours or in his owne possession or in yâ— possessioÌ„ of any other whose estate he shal claym to haue aboue fifty yeres next before the making of the sayd auowry or conysaunce Moreouer al formdownes in reuerter formedownes in remainder and scÃre facÃas vpon fyâ—es of landes or other hereditameÌ„tes at any tyme to be sued shall be taken wythin fifty yeres next after the tytle of action fallen And if any person do sue any of the said actions or writtes for any laÌ„des or other hereditameÌ„tes or make any auowry conysance prescription or claime for any rente suite seruice or other hereditamentes and can not proue yâ— he or hys ancestours or predecessours were in actuall possessioÌ„ or seasoÌ„ therin at any time wtin yâ— yeares before lymited if the same be trauersed or denied by yâ— partie plaintiffe demandant or auouant or by the partie tenant or defendaÌ„t he and his heires shal from henseforth be vtterly barred for euer of euery the sayde wryttes actions auowries conisance prescription title and clayme hereafter to be sued or made for yâ— same laÌ„dê tenementes or other the premisses for which the same action wrytteâ— auowry conysaÌ„ce title or claime hereafter shal be at any tyme sewed or made Prouided that al persons whiche now haue any of yâ— said actions writtê auowries scire facias conisance prescription title or claime depending or that hereafter shal sewe or bring any of the sayd writtê or actions or make any of the said auowries cognisances prescription titles or clayme at any time before the feaste of the ascention of our Lorde which shal be in the yere of our lord a thousand fiue hundreth forty and syxe shal alledge the season of their ancestours or predecessours or their owne possession and season also haue al other lyke aduantage in the same writtes actioÌ„s auowries conisances prescriptions and claymes as they myght haue had before yâ— making of this statute Prouided also that if any persones beinge nowe within the age of .xxi. yeres or couert baroÌ„ or in prisoÌ„ or out of this realme of EnglaÌ„d now hauing cause to haue or bring any of yâ— saide writtes or actions or to make any auowries cognisances prescription or claymes it shal be lauful to such persoÌ„s to sue or briÌ„g any of the said actioÌ„s or to make any of the said auowries cognisances titles or claimes at any time wtin syxe yeres nexte after such persons nowe being within age shal accomplish the age of .xxi. yeres or now beyng couert baroÌ„ shal be sole or now being in prison shal be at their lybertie or nowe being out of this realme shal come be within this realme And that euery such persons in their sayd actions auowries conisaÌ„ces titles or claimes to be made sued or commenced wtin the said syxe yeares shall alledge the season of their auncestours or predecessours or of their own possession or of the possession of those whose estate they shal thaÌ„ claime And also within the same syxe yeares shall haue lyke aduantages in yâ— same as they might haue had before yâ— makiÌ„g of this acte Prouided also that if the sayd ê‘sons now being within age or couert baron in prison or out of this realme do dye within age or being couert or while they shal be in prison or out of this realme or decease wtin .vi. yeres next after they shall accomplysh their ful age or shal be at large within this realme or shal become sole and no determination or iugement had of such titles actions or rightes so to them aâ—rewed then the next heir of such persons so dying shal enioy lyke aduantage to sue demaund aduow declare or make their sayd tytles claymes or prescriptions within .vi. yeares nexte after the deathe of such persons as yâ— same infant after hys full age or the sayde woman couert after the death of her husband or the same person beinge oute of this realme after hys repayre or commyng in to the 〈◊〉 or the saide ê‘son imprisoned after his enlargemeÌ„t and commyng out off pryson myght haue had wythin .vi. yeres then nexte ensewyng by force of the prouision last before rehersed â–ª Prouided also that if any persons before the sayd feaste of the ascention sue any of the said actions or make any auowry title or clayme the same happen by the death of any the parties therunto to be abated before iugemeÌ„t or determination therof had then the sayd persons being demauÌ„dantes or auowantes or making any such cognisaunce prescription tytle or clayme being than on lyue and if not than their next heires may commence their action and make theyr auowry conisaunce or clayme vppon yâ— same matter within one yeare nexte after suche suite abated and shal haue like aduaÌ„ttage to sue demaund auow declare or make their said titles claymes or prescriptions within the sayd one yeare as the demaundantes in suche writte or suite abated or as suche as did auowe or make conisance title clayme or prescription myght haue enioyed in the sayd former action or suite Prouided furthermore that if any false verdit happen herafter to be giuen in any of the sayde actions sutes auowres prescriptioÌ„s tytles or claimê than the