y â— hundreth or in the court of his lord where essoine lyeth and that aswell in case of common sute as of plea. Moreouer they clayme by an especiall déede of kinge Henry the father of kinge Edwarde that of the tenements which are holden in Gauelkinde there shal no battayle bée ioyned nor graund assise taken by xii knightes as it is vsed in other places of y e Realme y t is to wit where the tenaunt demaundant hold by Gauelkind But in place of these graund assises let Juries be taken by xii men being tenaunts in Gauelkind so y â— four tenaÌ„ts of Gauelkind choose xii tenaunts of Gauelkynd to be Jurors And y t Charter of the king of this especialty is in the custody of Sir John of Norwood the day of S. Elphey in Caunterbury the yeare of king Edward y e sonne of king Henry the xxi These be the vsages of Gauelkind and of Gauelkindmen in Kent which were béefore the conquest and the CoÌ„quest and euer since till nowe The end of the customes Hauinge thus ended y e custoÌ„es as you sée Brother Nicholas there remayneth nowe to bée shewed what lands w tin this Countrey of Kent be of the nature of Gauelkind and what not First therefore it is to be vnderstanded y t all y â— lands w tin this Shire which be of auncieÌ„t Socage tenure as was said at the béegynnynge be also of the nature of Gauelkind And y â— lands holden by auncient tenure of knightes seruice be at the coÌ„mon lawe are not departible after the order of this custome except certen which béeing holden of old tyme by knyghtes seruice of the Archbishop of CauÌ„terbury are neuer the lesse departible as it may appere by y e booke 26. H. 8. 4. And that grewe by reason of a graunt made by kynge John to Hubert the Archbishoppe there the tenor of which is as followeth John by the grace of God Kyng of Englande â–ª Lorde of Ireland Duke of NormaÌ„dye of Aquitane and Earle of Angieu To all Archbyshoppes Bishops Abbots Earles Barons Justices Shirifes Gouernours and officers and al Bailifes and his faithful subiects gréeting Knowe yée y t wée haue graunted and by this our preseÌ„t Charter haue confirmed to our reuerend and déerely beloued father Hubert Archbishoppe of Caunterbury and hys successors for euer that it shall bée lawfull for them to conuert those laÌ„ds which menne of the fée of the Church of Caunterbury do hold in Gauelkind in to knightes fee. And y t y e same Bishops their successours haue the like power and libertie for euer ouer those men and their heires that shal hold those laÌ„ds so â—â—uerted into knights sée which the Archbishop hath his successors after him shall haue ouer other knights of y e sée of the Church of Caunterbury their heires And that those men and their heires haue the same al such libertie for euer which other knightes of the sée of the Church of Caunterbury and their heires haue Prouided alwayes y t neuerthelesse their accustomed rent of pence be holy payed out of their landes as before time their giftes auerages and other seruices which issued out of the same landes be conuerted into a reÌ„t of pence of like value And y â— y â— same rent be paied as y â— other reÌ„t of pence is Wherefore we wil straightly coÌ„maund y â— whatsoeuer the aforenamed Archbishop and his successours after him shall doe concerninge those landes which are to bée conuerted into knightes fée accordinge to the forme manner aboue written abide ratified and coÌ„firmed for euer Forbiddinge any person to presume against the déed of the Archbishoppe or hys successors in this behalf Witnesse E. Bishop of Ely S. of Bathe G. y â— sonne of Peter Earle of Essex WilliaÌ„ Marshall Earle of PeÌ„brooke Ro. of Harecourt Garine y â— soÌ„ne of Gerald Peter of Stoke Ric. of Reuers Rob. of Tateshal yeuen by y â— haÌ„d of S. Archdeacon vnto WilliaÌ„ at Rupem auriual y â— 4. day of May the third yeare of our raigne But for asmuch as it is disputable whether this Charter of Kynge John be of sufficieÌ„t vertue to change y e nature of Gauelkynde land or no and for that the certeintie of the landes so conuerted into knightes fée doth not any where appere saue onely that in the booke of Aide leuied in this shire Anno 20. E. 3. it is foure or fiue tymes noted that certeine lands in Kent bee holden in knightes seruice by the newe licence graunted to the Archbishoppe this shall suffise for that and it shall followe to be proued that al the landes of auncient tenure in knightes seruice be subiect to the ordinary course of discent at the common lawe And that may sufficiently be done both by the expresse wordes of a note in 9. H. 3. abridged by master Brooke ti Customes 57. and in master Fitzherb ti Prescription 63. And by the opinion of the Justices 26. H. 8. 4. as also by pleyne recital in the act of parliament made 31. H. 8. ca. 3. by which statute the possessioÌ„s of certen gentelmen there were deliuered from this customary discent and incorporated to the common lawe for amongest other thinges in that act it is saied That from thence forth such their landes shal be chaunged from the saied custome and shal discend as lands at the commoÌ„ lawe as other lands being in the said couÌ„ty of kent which neuer were holdeÌ„ by seruice of Socage but alwaies haue bene holden by knights seruice do discende By which words it is very euident that y â— makers of that estatute vnderstoode al lands holden by knights seruice to be of their proper nature discendable after y â— comoÌ„ lawe that Socage tenure was the onely subiect in which thys our custome of Gauelkinde discent preuailed helde place But when mencion is here made of Socage knightes fée it must alwayes be vnderstanded a tenure longe since and of auncyent tyme contynued and not nowe newely or lately created for so it may fal out otherwise then is alreadye reported As for example if land auncieÌ„tlye holden by knightes seruice coÌ„e to y â— Quéens hands whoe afterwarde giueth y e same out againe to a coÌ„on persoÌ„ to be holdeÌ„ of her manor of East Grene within Socage this lande not with standinge the alteration of y â— tenure remaineth disâ—â—dable to y â— eldest sonne only as it was before as also in like sort if lands of auncient Socage seruite come to y e Crowne and be deliuered out agayne to be holden either of the Quéene in Capite or by knightes seruice of any manor it ought to disceÌ„d according to y â— custde not w tstanding y t y e tenure be altered if this be true in the grauÌ„t of y e Quéene her selfe then much lesse may the Archbishope by a newe creation of tenure make to his tenants any alteratioÌ„ of this olde custome maner For as the
pleadinge is That the landes aforesayed are of the tenure and nature of Gauelkynde euen so the truith is that the present tenure onely guideth not the dyscent but that the tenure and the nature together doe gouerne it And therefore as on the one side the custome cannot attache or take holde of that which was not béefore in nature subiect to the custome that is to saye accustomably departed So on the other syde the practise of the custome longe time continued may not bee interrupted by a bare alteration of the tenure as it was holden by the Justices Annd 4. et 5. Phi et Mary as Judge Dalison hath left reported And also as it appereth by the booke 26. H. 8. 4. where it is saied that if a man seysed of Gauelkinde land holden in Socage make a gift in taile and create a tenure in knights seruice that yet this lande must descende after the custome it did before the change of the tenure Moreouer as y â— change of the tenure cannot prenaile against thys custome Soe neyther the continuance of a contrarie vsage may alter this prescription For it is holden 16. E. 3. in Fitz. ti Prescription 52. that albeit the eldest sonne only hath and that for many discents together entred into Gauelkind laÌ„d and occupied it w tout any coÌ„tradiction of the yonger brothers that yet the lande remaineth partible betwene them when soeuer they will put to their clayme Agaynst which assertion y â— which is said 10. H. 3. in Fitzh titulo Prescription 64. namely of the issue taken thus Whether the lande were parted or no is not greatly forceable For al though it be foe that the lande were neuer parted in déede yet if it remayne partible in nature it may bee parted whensouer occasion shal bée ministred And therfore euen in the fourme of pleadinge vsed at this day That the land alwaies c. was partible and parted it is playnelie taken that the worde partible onely is of substaunce and that the worde parted is but a worde of forme and not material or trauersable at al yea so inseperable is thys custome from the lande in which it obtaineth that a contrarye dyscent contynued in the case of the Crowne it selfe cannot hinder but that after such tyme as the land shall resorte agayne to a common personne the fourmer olde custome shall gouerne it As if landes of Gauelkind nature come to the quéens haÌ„ds by purchase or by Eschete as holden of her manor of Dale nowe after her death al her sonnes shall inherite and deuide them But if they come to her by forfaiture in treason or by gift in parliament soe y â— her grace is seised of theÌ„ in right of the crowne then her eldest sonne only which shalbée kinge after her shall enioye them in which case although those laÌ„ds which the eldest sonne beinge kinge did possesse doe come to his eldest sonne after him beinge kinge also and soe from one to an other by sundrye discentes yet the oppinion of Syr Anthonye Browne was 7. Elizabeth that if at any time after the same landes be grannted to a common person they shall reuolt to their former nature of Gauelkynde and be partible amongst his heires males notwithstanding that they haue runne a contrary course in dyuers the discentes of the kings before But much lesse may the vnity of possession in the Lorde frustrate the custome of Gauelkind discent as it may appere 14. H. 4. in y â— loÌ„ge Recordare abridged by master Brooke tit Auowry 46. and tit Customes 19. Nowe followeth to bée spoken howe farre this custome extendeth it selfe within this our Countrey of Kent c. It is commonly taken that the custome of Gauelkynde is generall and spreadeth it selfe throughout the whole Shire into al lands subiect by auncient tenure vnto the same such places only excepted where it is altered by act of parliament And therefore in 5. E. 4. 18. and 14. H 4. 8. it is said that the custome of Gauelkynde is as it were a common lawe in Kent And the booke 22. E. 4. 19. affirmeth that in demaunding Gauelkind land a manne shall not néede to prescribe in certeine and to shewe that the Towne Borough or Citie where the laÌ„ds bée is an Auncyent Towne Borough or Cytie and that the custome hath byn there tyme out of mynde that the landes wythin the same Towne Borough or Citie should discend to all the heires males c. But that is sufficyentlye inough to shewe the Custome at large and to say that the land lieth in Kent and that all the landes there bée of the nature of Gauelkynd For a writ of partition of lands in Gauelkynde sayth M. Littleton shall bée as generall as if the lands were at the common lawe although the declaratyon ought specyally to contayne mencion of the Custome of the Countrey Thys vnyuersalytie consydered and also the strayte bonde whereby the custome is so inseperably knit to the land as in maner nothinge but an act of parliament canne clerely disseuer them it followeth that no place Citie Towne or Borough within this shire can bée exempt from this custome although the same hath not at any tyme byn there put in vre no more then the Eldest sonne in the case before may for the like reason prescribe agaynst his youÌ„ger Bretheren c. Thus much béeyng spoken touchynge the name tenure nature generalty and order of Gauelkynde it shall nowe bee shewed of what quality the rents remaynders actyons and such other thinges of the which some bâ—e issuing out of these laÌ„ds some bée annexed vnto them and some bée raysed by reason of them shalbée And of theÌ„ some shal ensue the nature of the land and other some shal kéepe y â— same course that common lawe hath appointed And therfore if a rent be graunted in fée out of Gauelkynde land it shal discend to all the males as the land it selfe shal do as appereth in 14. H. 8. 5. 26. H. 8. 4. 4. E. 3. But if ii iointenantes of land in Gauelkynde grant a rent charge out of that land to I. S. to his heires And I. S. dieth hauinge issue ii sonnes this reÌ„t shal not disceÌ„d to both y â— sonnes of I. S. but to the heire at the common law because that the custome is in suspence during the ioynture by the opinion of the right worshipfull Christopher Yeluerton Esquire at hys readyng in Grayes Inne in lent An. 1573. So if a tenauncy bée of Gauelkynde nature yet the rent seruyce by which it is holden may discend according to the common lawe as Ald ' Chart ' in 7. E. 3. were of opinion If a remainder of Gauelkind land bée tayled to the heires males they altogether shall inherit as Fitzherbert Norwich thought 26. H. 8. 4. But that is to bée vnderstoode of a discent onely for if landes of Gauelkynde nature be leassed for life the Remaynder to the ryght heires of John Style which hath issue
fower sonnes and dieth and after the lessée for lyfe dyeth nowe the eldest sonne onely of I. Stile shall haue thys land for hée is right heire and that is a good name of purchase 37. H. 8. in master Brooke ti Done et Remaynder 42. But if the landes had byn gyuen to John Stile for lyfe the remaynder to hys next heire male thys had byn an estate taile in John Stile him selfe and then the lande should haue discended to al his sonnes in so much as in that case y e wordes next heire male be not a name of purchase Howbeit it was greatly doubted 3. 4. Phil. et Mariae as Justice Dalison reporteth if a remainder bée deuised by testament to the next heire male whether in that case the eldest brother onely shal haue it in so much as in the vnderstandinge of the lawe whych is a iudge ouer al customes he is the next heire male and therefore inquire of it As touching vouchers it appeareth 11. E. 3. that al the heires in Gauelkynd shal be vouched for the warraunty of their Auncester and not the eldest onely But the opinion of Master Littleton li. 3. cap. 13. and of the Iustices 22. E. 4. is clere y t the eldeâ—â— sonne onely shal be rebutted or barred by the warranty of the auncestour to be short the eldest sonne onely shal enter for the breache of a condition But the rest of the brethren shalbée ioyned with hym in suinge a writte of Attaynt to refourme a false verdict or Errour to reuerse an erronious iugement And they al shal be charged for the debt of their auncestour if so be y t they al haue assets in their handes But if the eldest onely haue assets remayninge and the residue haue aliened their partes then he onlye shal be charged after the mind of the booke 11. E. 3. c. And thus much for this part shal suffice Nowe a woorde or ij of other thinges confusely yet apertaininge to this matter notwythdinge not soe necessarie for your purpose to bée knowen as those aforesayde It appereth in a written report at large of 16. Edwardi 2. which is also partlye abridged by master Fitzherbert titulo Prescription that it was tryed by verdicte that noe manne ought to haue common in Landes of Gauelkinde howbeit the contrarye is well knowen at this day that in many places y e same booke saith y t the vsage of Gauelkinde is that a man may lawfullye inchase or driue out into the high waye to their aduenture the beastes of any other personne that hée shall fynde doynge dammage in his lande and y t he is not compellable to impounde them which thing is practised at this day The parlyament 15. Henrici sexti cap 3. mindinge to amplifye the priuiledges of Gauelkynde graunted to the tenauntes of that lande exemption in Attaints in such sort as the inhabitaunts of auncyent demeane and of the fiue portes before had But within thrée yeares after vppon complaynt of some of the Countrey which enfourmed the Parlyament house that there was not in the whole Shire thirtye or fortye personnes that holde to the value of xx pounde lande out of Gauelkinde who in default of others and by reason of that exemption were continuallye molested by returnes in Attaintes that act was vtterly repealed The statute 14. H. 8. cap. 6. gyueth libertye to euery manne hauing highwaie through hys lande in the welde that is worne déepe and incommodious for passage to lay out another waye in ome such other place of hys lande as shalbée thought méete by the vyewe of two Justyces of the peace and twelue other men of wysdome and discretion The general law made 35. H. 8. 17. for the preseruation of Copeises woodes thorough out the Realme maketh plaine exception of all woodes within this wealde vnlesse it be of such as bée common c. And here an ende of thys matter sauinge that I wil make master Litteltons annswere to such as happelye wil demaunde what reason thys custome of gauelkinde discent hath thus to deuyde lande a monge al the males coÌ„trary to the manner of the whole Realme béesides The yonger sonns sayth he be as good gen telmen as the elder and they beinge a like déere to their common auncestour from whom they claime haue so much the more néede of their freÌ„ds helpe as thorowe their minority they be lesse able then the elder Brother to helpe theÌ„selues c. Gelde GElde that is to bee quite of seruile customes which were woÌ„t to be geeuen and are yet giuen as hornegelde and such like Grithbrech GRithbrech that is the kinges peace broken because Grith in English is pax in latin Hangwite HAngwite that is to be quite of a théefe or relon haÌ„ged without iugement or escaped out of your custody Hariot HAriot is in ii sortes the one hariot Custome the other haryot seruice Hariot seruice some fay is alwaies expressed in a mans graunt or déede that hée holdeth by such seruyce to pay hariot at the time of his death and thys hariot is payable after y e death of the tenaunt in fée simsimple Hariot Custome is where hariotes haue byn payed tyme out of mynde by custome And thys may bée after the death of tenant for lyfe c. But to speake therof generally Hariot is the best beast whether it be horse Oxe or Cowe that the tenaunt had at the tyme of his death And may bée either seysed or a distresse taken for it whether it be hariot seruyce or hariot custome to the Lordes vse of whom the tenaunt held by hys Bailife or other officer béelonginge to hys manour But of right the Lord nor hys officer should not take hariot before it bée presented at the next court holden that the tenant is dead and that such a beast is due to the Lord for his hariot Haybote or Hedgebote HAybote or hedgebote is necessarie stuffe to make and mend hedges which lessée for yeares or for lyfe of common right may take vpon the ground to him leased although it bée not expressed in his lease and although it bée a lease by woordes without wrytinge Haybote also may bée takeÌ„ for necessary stuffe to make Rakes forkes and such like instrumeÌ„ts wherewith men vse in sommer to tedde make hay and so a lessée for yeares tooke it it was allowed him by hys lessor the rather as I suppose for that such instruments are commonly made of slender vnder wood which by the common lawe lessee for yeres may cut and take as is aforesaid Hidage HIdage that is to bée quit if the king shal taxe al the land by hides Note that a hyde of land is a whole ploweland And this kynde of taxinge by hides was much vsed in old tyme as well for prouision of armour as paymentes of money that chefely in kinge Etheldredes daies a kinge in thys Countrey before y e conquest who in the yeare of Christ 1006. when as the Danes landed
other in the night with felonious intent to robbe or kil or to doe some other felony in which cases although he cary away nothing yet it is felony for which he shall suffer death Otherwise it is if it be in the day tyme or that hée breake the house in the night and enter not therin at that tyme. But if a seruant will conspire with other men to robbe his master and to that intent hee openeth his masters dores or windowes in the night for them and they come into the house by that way this is burglary in the straungers and the seruant is a théefe but noe burglar And this was the opinion of the right worshipfull Sir Roger Manwood knight most woorthy Lorde Chiefe Baron of the Eschequer at the quarter Sessions holden in CauÌ„terburie in Januarie last 1579. 21. Elizabeth Caruage CAruage that is to bée quite if the kinge shall taxe al hislaÌ„d by Carues Note that a Carue of land is a plowland Cession CEssion is when an Ecclesiasticall person is created bishop or wheÌ„ a person of a personage taketh an other benefice without dispensation or otherwise not qualified c. In both cases their first benefices are becoÌ„e void and to those that he had who was created Bishop the Quéene shal present for that tyme whosoeuer be patron of them And in the other case the patron may present Challenge CHallenge is where Jurours appeare to trie an issue then if any of the parties suppose y â— they are not indifferent they may there Challenge and refuse them There be diuers challenges one is challenge to the array the other to the polles Challenge to tharray is wheÌ„ the panel is fauourably made by the sherife or other officer Challenge by the poles are some principal and some by cause as they call it Principal is wheÌ„ one of the Juroures is the son brother or cosine to the plaintife or defendaunt or tenant to him or y â— he hath espoused the daughter of the pleintife for those causes hée shalbée withdrawen Also in a plée of y â— death of a maÌ„ in euery other accion reall in accions personall if the debt or daÌ„mages amount to xl markes it is a good challenge that he cannot dispende xl s. by the yeare of free holde Challenge by cause is where the party doth alledge a matter which is no principal chelleÌ„ge as y â— y â— son of one of y â— Jurrours hath espoused the daughter of the pleintif then he doth coÌ„clude therfore he is so fauorable which shal be tried by others of theÌ„quest whether he be fauorable or indifferent if they say that he is fauorable and not indifferent theÌ„ hée shalbée drawen out otherwyse hée shalbée sworn Also a felon that is arraigned may challenge xx Jurrours paremptory wythout any cause that is in fauour of life as many as hee wil with cause but then it shal be tried if for such cause he be indifferent or not Champertours CHampertours be they y t moue pleas suites or cause to be moued by own or others procurement sue them at their owne costs to haue part of the land or gaines in variance Charge CHarge is where a man grauÌ„teth a rent out of his grounde and that if the rent bée béehinde that it shal be lawfull for him his heires assignes to distraine till the rent be paide This is called a rent charge But if one graunt a reÌ„t charge out of the land of an other and after purchase the land the grauÌ„t is voide Charters of lands CHarters of lands are writings déeds euideÌ„ces instrumeÌ„ts made froÌ„ one man to an other vpoÌ„ some estate coÌ„ueied or passed betwene theÌ„ of lands or tenemeÌ„ts shewing the name place quantitie of the land the estate time maner of the doinge thereof the parties to the estate deliuered and takeÌ„ the witnesses pres eÌ„t at the same with other circumstaunces Chattels CHattels are in ij sortÊ’ that isto say Chattels Reals and Chattels personals Chattels Reals are leases for yeares wardes and to holde at wil c. Chattels personals ar al mouable goods as money plate householde stuffe horses kine corne such like Childewite CHildwite that is y â— you may take a fine of your bondwoman defiled and begotten w t childe w tout your licence Chimin CHimine is the hye way where euery maÌ„ goethe which is called via Regia and yet the Kynge hath noe other thinge there but the passage for hym and hys people for the frée holde is in the Lorde of the soyle and all the profyte growinge there as trees and other thinges Thing in action THinge in action is when a manne hath cause or may brynge an action for some duity due to him as an action of det vpon an obligation aÌ„nuity Rent Couenant warde goods trespas or such like And because they are thinges wherof a man is not possessed but for recouery of them is driuen to his actioÌ„ they are called things in action those thinges in action that are certen the Quéene may grauÌ„t the grauÌ„tee may vse an actyon for them in hys owne name onely But a common person cannot graunt his thing in actioÌ„ nor the Queene her felâ—e cannot grauÌ„t her thing in actioÌ„ which is vncerten as trespas such like Circuit of action CIrcuite of action is when an actyon is rightly brought for a duetie but yet about y e bush as it were for y â— it might as well bene otherwise aunswered and determined that suit saued and because that theÌ„ same actioÌ„ was more then néedful it is called circuite of action As if a manne graunt a rent charge of x. li. out of his manner of dale and after the grauntee disseise y â— grauÌ„tour of the same maner of dale and hée bringeth an assise and recouereth the lande and xx li. dammages which xx li. being paied the grauntee of the rent sueth his action for x. li. of his rent due duringe the time of the disseison which if noe disseisin had bene hée must haue had This is called circuit of action béecause it might haue bene more shortly aunswered for where as the grauntour should receyue xx li. dammages and pay x. li. rent he might haue receiued but the x. li. onely for the dammages and the grauntee might haue cut of and kept backe the other x. li. in his handes by way of detayner for his rent and soe thereby mought haue saued his action Claime CLaime is a challenge by any man of the propertie or ownershippe of a thinge which he hath not in possession but which is with holden froÌ„ him wrongfully Clergie CLergie is an auncyent libertye of the popishe Church which hath also béene confyrmed with vs in dyuers Parlyamentes And it is when a priest or one within holy orders as they terme it or any other whoesoeuer in whome is noe impedyment or impossibilitye to bée a priest is arraigned of felonye or such lyke
in grosse is where I by my déede graūt to an other that he shal haue cōmon in my lande Common appendaunt is where a man is seised of certaine lande to the which hée hath common in anothers grounde al they that shalbée seysed of that lande shall haue the sayed common onely for those Beastes which compeste that lande to which it is appendaunt exceptinge géese gotes hogges And alwaies this cōmon is by prescription of common right and it is appendaunt to erable lande onelye and not to any other lande or house Comon appurtenāt is in the same maner as common appendant but it is w t al manner of beastes as well hogges goates and such lyke as horses kyne oxen shéepe and suche as compeste the grounde And such common may bee made at this day and may be seuered frō y ◠land to which it is appurtenant but soe cannot cōmon appendāt Common by cause of neighbourhode is where the tenants of two lords which he seised of two townes where one lieth nigh another and euery of them haue vsed from y e time whereof no minde runneth to haue comē in the other towne with al maner of beastes comynable But the one may not put his cattel in y e others ground for so they of the other towne may dystreine thē damage fesāt or may haue an action of trespas but they may put thē into their owne féeldes if so they straie into the feeldes of the other towne they there ought to suffer thē And y e inhabitāts of y e on towne ought not to put in as many beastes as they wil. but hauinge regarde to y ◠inhabitants of the other towne for otherwise it were noe good neighborhoode vppon which all thys matter dothe depende Condition COnditiō is a restraint or bridle annexed and ioyned to a thing so that by y e not performance or not doinge thereof the party to y e condition shal receiue preiudice losse by the performance and doing of y ◠sāe cōmodity and aduantage And al conditiōs are either conditions actual expressed which be called conditions in deede orels they be cōditiōs implied or couert not expressed which are called conditions in lawe Also al condicions are either conditions precedent and goinge before the estate and are executed or els subsequent following after y ◠estate executorie The condicion precedent doth gaine gette the thing or estate made vppon condicion by the performance of y ◠same The condicion subsequent doth kéepe continue the thing or estate made vpon condiciō by y ◠performance thereof Actual and expressed condition which is called a condition in déede is a condition knit annexed by expresse words to the feoffement leas or graunt either in writing or w tout writinge as if I enfeffe a man in lands reseruing rēt to be paied at such a feast vpō conditiō that if the feoffée faile of payment at the day y t then it shal be lawful for me to reēter Condition implied or couert not expressed which is called a condition in lawe is when a man graūteth to one the office to be keeper of a parke Steward Bedle Bailife or such like for terme of life though there be no condition at al expressed in y ◠graunt yet y ◠lawe speaketh couertly of a condicion which is that if the graū tée doe not execute all points apperteininge to his office by himselfe or his sufficiēt deputy thē it shal be lawful for y ◠grātor to enter discharge him of his office Cōditiō precedēt goinge before is when a leas is made to one for life vpon condition that if the lessee for life wil pay to the lessor xx li. at such a day y ◠then he shall haue fée simple here y ◠conditiō precéedes goeth before the estate in fée simple and vppon the performaunce of the conditiō doth gaine and get the fee simple Condition subsequent following after is when one graunts to I. S. his maner of dale in fée simple vpon condition that the graūtée shal pay to him at such a day xx li. or els y t his estate shal cease here y ◠cōdition is subsequēt following y e estate in fée simple and vpon the performaunce thereof doth kéepe and contynue the estate Confiscate goodes COnfiscate goodes are goods to which y e lawe intitleth the Queene when they are not claymed by any other As if a man be indited that he feloniously stole the goodʒ of I. S. where in truith they are his owne goods and they are brought into the court against him as a maineur and then it is demaunded what hée saith to those goodes and he denieth thē nowe by this denyinge of them he shal lose those goodes although that afterward he be acquited of the felony and so in other like cases Contract COntract is a bargaine or couenant betwéene two parties where one thinge is géeuen for an other which is called quid pro quo as if I sell my horse for money or if I cauenant to make you a lease of my manner of Dale in consideration of xx li. that you shal gyue mée these are good contracts because there is one thinge for an other But if a manne make promise to mée that I shall haue twenty shillinges and that he wil be debtour to mée thereof and after I aske the xx s. and he will not deliner it yet I shall neuer haue any accyon to recouer this xx s. for that that thys promise was no contract but a bare promise and ex nudo pacto non oritur actio but if any thing were geuē for y e xx s. though it were not but is y ◠value of a peny then it had bin a good contract Conusance COnusaunce of plée is a priuiledge that a city or Towne hath of the kinges graunt to holde plee of all contracts and of lands within the precinct of the fraunchise whē any mā is impleaded for any such thynge in the Court of Westminster the Maior and baylifes of such fraunches or their atturney may aske conusaunce of the plee that is to say that the plée the matter shalbée pleaded and determined before them But if the Court at Westminster be lawefully seised of the plea béefore conusance be demaunded then they shal not haue conusance for y ◠suite because they haue negligētly surcessed their time of demaund but this shal bee no barre to them to haue conusance in an other accion for they may demaūd conusance in one accyon and omit it in an other accion at their pleasure And note that conusance lieth not in prescription but it behoueth to shewe the kinges letters Corody COrodye was a reasonable allowaunce of Meate breade Drinke money clothinge Lodging and such like sustenance which of comon right euery founder of Abbeies Priories Nūries other houseʒ of religiō had in y e same house whē any were stāding for his
thereto Defendant DEfendant is he that is sued in an actyon personal he is called tenant in an action real Demaines DEmaines or demesnes is the lords chiefe maner place which hée his auncestours haue from time out of mind kepte in their owne hands and haue occupied same together wyth al buldinges and houses whatsoeuer also y e meadowes pastures woods errable lande and such like béelonginge thereunto Demaundant DEmaundaunt is hée that suethe or complayneth in an actyon reall for title of lande and hée is called playntife in an assise in an action personall as in an action of dette trespas disceit detinue and such other Halfe blodde HAlfe blodde is when a man marieth a wife and hath issue by her a sonne and shée dyeth and then hée taketh an other womanne and hath by her also a sonne Nowe these two sonnes are after a sorte Brothers or as they are termed halfe Brothers or Brothers of the halfe blodde that is to say brothers by the Fathers syde béecause they had both one father and are both of his bloud and not brothers at all by the mothers syde nor of blodde ne kinne that waye and therefore the one of them cannot bée heire to other for he that wyll clayme as heire to one by dyscent must be of y e whole blode to him from whome hée claimeth Demurrer DEmurrer is when anie action is brought and the defendaunt pleadeth a plée to which the pleintife saith that he wil not aunswere for that y ◠it is not a sufficient ple in the lawe and the defendaunt saith to the cōtrary that it is a sufficyent plee this doubt of the lawe is called a demurrer Denizen DEnizen is where an alien becommeth the Quéenes subiect and obteyneth her letters patentes to enioye al priuiledges as an englishmā But yet not with standinge he shall paye customes and diuers other things as aliens doe c. Deodande DEodande is when any man by misfortune is slaine by an hors or by a cart or by anie other thinge that moueth thē this thing that is cause of his death and which at the tyme of the mysfortune mooued shalbée forfayte to the Queene and that is called deodande and that perteineth to y ◠Quéenes Almener for to dispose in almes in dedes of charitie Departure from a plee or matter DEparture frō his plea or matter is where a manne pledeth a plee in barre the plaintife replieth thereto and he after in his reioinder pleadeth or sheweth an other matter contrary to his first plée y t is called a de parter frō his barre c. Departure in dispite of the court DEparture in dispite of the court is when the tenant or defendant appereth to the actyon brought against him hath a day ouer in y t sāe terme or is called after without day in the same terme and doth not appere but makes defant this is a departure in dispite of the court therefore he shal be condempned Deputie DEputie is he y e occupieth in an other mans right whether it bee office or any other thig els and his forf ▪ or misdemener shal cause the officer or him whose deputie he is to lose his office or thinge But a man can not make his deputie in al cases except the grant so bée as if it bée w t these or such like woordes to exercise or vse by himself or his sufficient deputie or if y e words go furder by himselfe or his deputy or the deputy of hys deputy then hée may make a deputy and his deputy also may make a deputy els not Deuastauerunt DEuastauerunt bona testatoris is when Executours wil deliuer the legacies that their testator hath gyuen or make restytutyon for wronges don by him or pay his debts due vppon contractes or other dets vpon specialtyes whose dayes of payments are not yet come c. And kepe not sufficiēt in their hands to discharge those debts vppon specialties that they are compellable presently by the law to satisfie Then they shal bee constrayned to pay of their owne goods those duetyes which at the first by the law they were compelled to pay accordinge to the value of that that they deliuered or payed wythout compulsion For such paymentes of debts or deliuery of legacies as is aforesayde béefore debtes payed vpon specialtyes whose dayes of payment are already come are accompted in the lawe a wastynge of the goodes of the testator as much as if they had gyuen them away wythout cause or sold them and conuerted them to their owne vse Deuise DEuyse is where a man in his testamēt géeueth or béequeaueth his goodes or hys landes to an other after his decease And where such deuise is made of goodes if the executours will not deliuer the goodes to the deuisée the deuisée hath no remedy by the common lawe but it behoueth him to haue a cytation against y ◠executors of the testator to appere before the Ordinary to shewe why hée perfourmeth not the wil of the testatour for the deuisee may not take the legacy and serue himself but it must be deliuered to him by the executours And here to the end to shewe you Brother Nicholas howe much the lawes of thys Realme and the wise dyscréete Judges of y e same who are the interpreters of the lawe doe fauour willes and testaments and so deuises in yelding to them such a reasonable construction as they thinke myght best agrée with the mindes of the dead consideringe that willes testaments are for the most part and by cōmō intendment made whē the testator is nowe very sicke weake past al hope of recouery for it is a receiued opinion in y e countrey amonge most y t if a man should chaūce to be so wise as to make his wil in his good helth when he is stronge of good memory hath tyme and leysure and might aske counsel if any doubt were of the lerned that then hée should not liue longe after and therfore they deferre it to such tyme when as it were more conueniēt to apply them selues to the disposition of their soules then of their landes or goodes except it were that by the fresh memory and recitall of them at that tyme it myght bée a cause to put them in mind of some of their goodes or landes falsely gotten andso moue them to restitutyon c. And at that tyme the penning of such willes are commonly committed to the minister of the parish or to some other more ignoraunt then hée if y ◠may be whoe knoweth not what woordes are necessarie to make an estate in fée simple fée taile for terme of life or such like besides many other mischiefes I will therefore set you here downe some of those cases that are most common in ignoraunt mens mouthes and doe cary by the wise interpretatiōs of y e Judges as is aforesaid a larger and more fauorable sense in wills thē in déedes first therfore if one deuise to
the lawe are effectually directed one thing only prouided by y ◠words of the lawe to the end y ◠althigs of like kind may be prouided by the same And soe when the words enact one thing theye enact all other thinges that are of lyke degree As the statute which ordeines that in an actyon of dette against executours hée that doth appere by distresse shall aunswere doth extende by Equitie to Administratours for hée of them that doth fyrst appere by distresse shal aunswere by equitie of the sayed act Because they are of lyke kinde Soe lykewise the statute of Glocester geues the actyon of wast and the payne thereof agaynst hym that holdes for life or yeres and by y e equitie of the same a mā shall haue an action of waste agaynst hym that holdes but for one yere or halfe yere and yet y t is without the words of y ◠statut for h◠that holds but for halfe a yeare or on yere doth not hold for yeares but y ◠is y e meaning the words y t enact y e one by equitie enact y ◠other Escape EScape is in two sorts that is to say voluntary necligent Uoluntary escape is when one doth arrest an other for felony or other crime after letteth him go where he wil this letting of him to go is a volūtary escape And if y ◠arrest of hī y ◠escaped were for felony thē y ◠shal be felony in him y e did suffer y ◠escape and if for treason then it shal be treason in him and if for trespas then trespas and so of other Negligent escape is whē one is arrested and after escapes against the will of him that did soe arrest him is not freshly pursued and taken before the pursuer loseth y e sight of him this shalbée said a negligent escape notwithstanding y t hee out of whose possession he escaped do take hym after he lost sight of him There is an escape also without arrest as if a murder be made in the day and the murderer be not taken then it is an escape for the which the towne where the murder was done shal be amerced Esples ESples is as it were y ◠seysin or poss of a thinge profit or cōmodity y ◠is to be takē As of a cōmō y ◠esplées is the taking of the grasse or comon by y ◠mouthes of the beastes y ◠cōmon there Of an aduowson the takynge of grosse tythes Of a wood the selling of wood of an orchard the selling of Aples or other fruit growing there of a mill in taking of tol is the esplees and of such like Essoine ESsoine is where an actyon is brought and the plaintife or defendāt may not wel appere at the day in court for one of y ◠v. causes vnder expressed thē he shalbée essoined to saue hys defaut whereuppon note well that there be v. maner of essoines that is to say essoyne de ouster le mere and that is by xl daies the second essoyne is de terra sancta that shal be by a yere a day these two shal bee layd in y ◠beginning of y e plée The iii. essoin is de male vener and that shalbée at cōmon dayes as the action requireth this is called y ◠cōmon essoin The iiii essoyne is de malo lecti that is onely in a writte of right and there vppon there shall a writte goe out of the Chauncerie directed to the shirife that he shal send iiii knightes to the tenaunt to sée the tenant if he bee sicke to géeue him a day after a yere and a day The v. essoyne is de seruice le roy and it lyeth in al accions except in Assyse of nouel disseisin writ of dower darein presētment in appel of murder but in this essoin it behoueth at the day to shew his warrāt or els it shall torne into a defaut if it be in a plee real or hée shall lose xx s. for the plaintifs iorney or more by the discretion of the Justices if it be in plee personal as it appereth by the statute of Glocester ca. Octauo Estoppel EStoppell is when one is concluded and forbidden in lawe to speake against his owne act or déede yea although it bée to say the truith And of estoppels there are a great many one for example is whē I. S. is bound in an obligation by the name of Thomas Stile or any other name and is after ward sued accordinge to y e same name put in the obligation that is to say Thomas Stile Nowe he shal not be receiued to say y ◠hee is misnamed but shal be driuen to aūswere accordinge to the name put in y e obligatiō y t is to say T. S. for peraduenture y t obligée did not know his name but by y ◠report onely of the obligor himselfe and in as much as he is y ◠same man y ◠was bound hee shal be estopped forbidden in law to say y ◠contrary against his owne déede for otherwise he might take aduauntage of hys owne wronge which the lawe wyl not suffer a man to doe Also if the daughter y t is onely heire to her father wil sue liuery with her Sister that is a bastard she shal not afterward be receiued to say y t her Sister is bastard insomuche that if her bastard sister take halfe y ◠lād w t her there is noe remedy by law Also if a manne seysed of landes in fée simple wyll take a lease for yeares of the same land of a straunger by déede indented this is an estoppel during y e terme of yeares And the lessée is thereby barred to say the trouth for the troth is that hée that lessed the land had nothynge in it at time of the lease made and that the fée simple was in hym that did take y e lease but this hée shall not bée receyued to say tyll after the yeares are determined because it appereth that hee hath an estate for yeares and it was his folly to take a lease of hys owne landes therefore shall thus bée punished for his folly Estraungers EStraungers are they that are not parties nor priuies to the leuyinge of a fine or making of a déede Estray EStray is where any beast or cattell is in any lordshippe and none knoweth y ◠owner therof then it shal be seised to the vse of the Quéene or of the Lord y ◠hath such estray by the Quéenes graunt or by prescription if the owner come make claime thereto within a yeare a day then hée shall haue it againe payinge for hys meate or els after the yere the propertie therof shal be to the Lorde so that the Lord make proclamatiō therof accordīg to the lawe in ii market townes Excōmunication EXcōmunicatiō is whē a man by iudgment in the spiritual court is accursed thē he is disabled to
sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y â— is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y â— Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutioÌ„ is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and wheÌ„ y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whoÌ„ the testator was in debt shall haue an action against the executor if hée haue an obligatioÌ„ or specialtie but in euery case where y â— testator might wage his lawe no actioÌ„ lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and conscieÌ„ce to purchase mony as well by extortion as otherwise according to y â— saying of y e poet Uirgil What can be told or what is that that huÌ„ger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demauÌ„deth iudgmeÌ„t of the court if he shall agayne haue this actioÌ„ c. And y â— plaintife sayth there is â—oâ— such record WhereupoÌ„ y â— defendant hath a day giueÌ„ him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action theÌ„ he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y â— déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indeÌ„ted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée graÌ„tee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y â— parties names to the déed
haue the warde of y â— lande y â— is holden of him but if the tenaunt holde of the Quéene in chiefe then shée by her prerogatiue shal haue the warde of the bodie and of al the land y â— is holden of her and of euery other lorde VVarden WArden most properly is he that hath y e ward shippe or kéepinge of an heire and of land holden by knights seruice or of one of them to his owne vse duringe the nonage of the heire and within that time hath the bestowinge of the bodie of the heire in mariage at his pleasure w tout disperagment And of wardens there be ij sorts namely garden in right garden in déede Garden in right is hée that by reasoÌ„ of his sâ—ry is seised of the wardship or keepinge of the lande and of the heire duringe the nonage of the heire Garden in déede is where the lorde after his seisin as aforesaid grauÌ„teth by déede or without déede the wardshippe of the lande or of the heire or of both to an other by force of which granÌ„t the grauntée is in possess â—â—â— is y e grauntée called garden in déede And this garden in déede maye graunt the heire to an other also bâ—â— that other is not preperlye called garden in déede for that is y â— graunt tée of the garden in right onely and here you may sée Brother Nicholas what misery followeth that tenure by knightes seruyce if the tenaunt die leauinge hys heire within age howe the poore childe may bée tossed and tumbled chopped and chaunged bought sold like a Jade in Smithfild y â— more is maried to whome it pleaseth his gardeÌ„ wherof ensue many euels VV arning WArninge is when an action of detynue of charters is brought agaynst one and the defendaunt saith that the charters were delyuered to hym by the playntife and by an other vpon certaine conditioÌ„s and prayeth y â— the other may be warned to plede with the pleintife whether the conditions bée perfourmed or noe and thereuppon a writte of Scire facias shal go foorth against him And that is called warninge Gauelate GAuelate is a specyall and auncient kynd of Cessauit vsed in Kent where the Custome of Gauelkind continueth whereby the tenant shal forfeit his lands and tenementes to the lord of whom they are holden if he withdrawe froÌ„ hys Lord hys due rents and seruyces after this maner as followeth If any tenant in Gauelkind withholde hys rent hys seruices of y â— tenement which he holdeth of his lord let the Lord séeke by the award of his court froÌ„ 3. wekes to 3. wéekes to find soÌ„e distresse vppon the tenement vntill the sowerth court alwaies with witnesses And if within y â— time he can find noe distresse in that tenement whereby hee may haue i 〈…〉 of his tenaunt TheÌ„ ar y â— fowerth court let it be awarded y â— hée shall take that tenement into his hand in y â— name of a distresse as if it wer an oxe or a cowe and let him kéepe it a yere a day in his hand without manuring it w tin which terme if y â— tenant come and pay his arrerages and make reasonable ameÌ„des for y â— w tholding TheÌ„ let hi haue enioy his tenemeÌ„t as his auncest ours and hée before helde it And if he do not come before the yeare and the daye past then let the Lorde goe to the next Countye Courte with the witnesses of his owne court pronounce there thys processe to haue further witnesse by the award of his court After y â— Countye court holden hée shall enter and manure in those laÌ„ds and tenements as in his owne And if the tenant come after ward and wil rehaue his tenements holde them as he did before let him make agreement with the lorde according as it is aunciently said Hath he not since any thing geuen nor hath hée not since any thing payd TheÌ„ let him pay v. pouÌ„d for his were before he be coÌ„e t'or holder againe There be some copies y â— haue the first verse thus written Nisith yelde and nisith gelde And others thus Nighesith yelde and nighesith gelde But these differ not in signification other coppyes haue it after thys sort Nigondsith selde and nigondsith geld That is to say let him ix times pay ix times repaye Gauelkinde GAuelkinde is a custome annexed goinge with lands in Kent called Gauelkind lands holdeÌ„ by auncieÌ„t Socage tenure And is thought by the skilfull in Antiquities to be called Gauelkind of Gyue all kyn that is to say to all the kyndred in one lyne according as it is vsed among the Germans froÌ„ whom wée Englyshmen and chiefely of KeÌ„t come Or els it is called Gauelkynd of gyue all kynd that is to say to all the male children for kind in dutch signifieth a male child and dyuers other like coÌ„iectures are made by them of y e name Gauelkind which I omit of purpose for shortnesse sake because that here you looke Brother Nicholas as you desired me that I should speake som what largly concerninge other more needefull matters for your purpose which you are desirous to know as touching Gauelkind lands both because you were borne in kent also are most abiding there and therefore you think to be ignorant of y â— maners or customes of your natiue coÌ„trey were a foul shaÌ„e To satisfie your request in this I haue therefore set you here downe the auncient customes of Kent as they haue very truely carefully of late bin published with some cases vpon them gathered out of those bookes that make any mencyon hereof which will I thinke coÌ„teÌ„t your desire at ful And first you must knowe that these gauelkind customes are of good antiquytie brought in hither by y â— Saxons Intes Angles Germans from whom wée Englishmen discend as is aforesaied and were by them vsed and left here and so continued in force vntill WilliaÌ„ duke of Normandy conquered al EnglaÌ„d KeÌ„t onely excepted which he had by composition and not by conquest And in this composition the valyant Kentishmen obtained a graunt of the continuation of their customes of Gauelkynde which euer sins thei haue vsed in the same countrey and thus they are as followeth The customes of Kent THese are the vsages and customes the which the coÌ„munalty of kent claimeth to haue in the tenementes of Gauelkynd and in the men of Gauelkynd allowed in Eire béefore John of Berwike and his companions the Justices in Eire in kent y â— 21. yere of king Ed. the sonne of king Henry That is to say y â— all y â— bodies of KentishmeÌ„ be frée as well as the other frée bodies of England This things hath byn since confessed to be true as it appereth in 30. E. I. in Fitzh titulo Uillenage placiâ— 46. where it is holden sufficient for a man to auoyde the obiection of bondage to say y t hys father was borne in Kent But whether it
hâ—th a â—â—mture made c. and therefore demaunde iudgement of that action or iugement if she shal bee also endowed or any such lyke plea c. and this was the oppinion of y â— right worshipful master Brograue at his reading in Graies June in SoÌ„mer Anno 1576. 18. Eliz. vppon a braunch of the stat made An. 27. H. 8. c. 10. coÌ„cerning iointures dowers And by him of those things whereof a woman may bée endowed she may haue ioynture as of mines vesturam terrâ— woodes Townes Iles meadowes and such like Also of an aduowson of a reuersion depending vpoÌ„ an estate for life of a windmil a high chamber a rectorie and such other and they are called tenemeÌ„ts Also of a villen for hée is an heredytament of all these profet may come to the woman But of those thinges whereof noe profet will coÌ„e but rather a charge a ioynture cannot be made Theft THeft is a deceiptfull taking away of an other mans goods but not from his parson with a minde to steale them a gaynst hys will whose goods they were And theft is in two sorts y e one so called simplie the other pety or little theft The first is where the thynge stollen exceedeth the value of xij d. and y â— is felony The other which is called littel or pâ—tiet theft is where the thing stollen doth not excede y e value of xij d. and that is no felony Lastage LAstage that is to bée quite of a certeine custome exacted in faires any markets for caryinge of thinges where a man will Lessor and lessee LEssor is he that lesseth landes or tenementes to an other for terme of life yeres or at wil and hee to whome the lease is made is called lessee Leuant couchant LEuant Couchant is sayde when the beastes or Cattell of a straunger are come into an other mans ground there haue remayned a certen good space of time so longe that they haue wel fedde also rested them selues Wager of lawe WAger of lawe is when an accion is brought against one w tout especialty she wed or other matter of recorde as an accion of debt vpoÌ„ contract or detinue then the defendaÌ„t may wage his lawe that is to say swere vppon a booke and certaine persons wyth him that hée oweth nothing to the playntife in manner and fourme as hée hath declared But in an action of debt vppon a lease for terme of yeres or vpon the arrerages of accompt before auditors assigned a maÌ„ shal not wage his lawe And wheÌ„ one shal wage his lawe hée shal bring with him vi viii or xii of his neighbours as the court shall assigne hym to swere with him And if at that day assigne he faile of his law then hée shal be condemned Liuery of seysin LIuery of seysin is a ceremony vsed in conueyance of landes or tenemeÌ„ts where an estate in fée simple fée taile or a fréehold shal passe and it is a testimonial of the willing departing from all that which he who makes the liuerie hath in the thinge whereof liuerie is made And the receyuinge of the liuery is a wyllyng acceptance by the other partie of all that whereof the other hath dismissed him selfe And was inuented as an open and notorious thing by meanes wherof the common people might haue knowledge of the passinge or alteration of estates from manne to manne that thereby they might bée the better able to trie in whoÌ„ the right and possession of landes and tenements were if they should be impanelled in Juries or otherwyse haue to doe concernyng the same The common maner of deliuery of seysin is after this sort done If it bée in the open feelde where is no building or house then one that can read taketh the writinge in his hand if the estate shal pas by déed and declareth to the staÌ„ders by the cause of their méetyng there together c. and then openly readeth the deed in English and after that it is sealed the partie who is to depart from the ground taketh the déede in his handes together with a clodde of the earth a twigge or bowe if any there be and all this hée delyuereth to the other partie in the name of possession or seysin according to the forme effect of the déed which before them was there reade But if there bée a dwellynge house or buildinge vpon the land then thys is done there at the doore of the same none béeyng left at that tyme wythin the house and y â— partie deliuereth all the aforesaid together wyth the rynge of the doore in the name of seysin or possession hée that receiueth the libertie entreth in first alone and shutteth to the doore and presently openeth it agayne and letteth them in c. If it be of a house whereto is noe land or ground the liuerye is made and poss taken by the deliuerie of y â— ringe of the doore déed onely And where it is without déed either of landes or tenementes there the partie declareth by word of mouth béefore wytnesse the estate that hée meaneth to depart with and then deliuereth seysin or possession in maner as is before sayâ—e and so the land or tenement doth passe as well where there is no déede as by déede and that by force of the lyuerie of seysin It was agreed in Grayes Inne by the right warshipful master Snagge at his readyng there in SoÌ„mer an 1574 that if a feoffour deliuer the viewe of the land in name of seysin that it is good because that hée hath a possessyon in him selfe But otherwyse yt is of an atturney for hee must goe to the lande and take possession him selfe béefore that he can gyue possession to an other accordinge to the words of hys letter c. And where liuerie of seysin is by viewe if the feoffée doe not enter after c. nothynge passeth for hée ought to enter in déede Lotherwite LOtherwite that is y â— you may take ameÌ„des of him which doth defile your bondwoman without your licence Mahim or maim MAhim is where any meÌ„ber is hurt or takeÌ„ away whereby y e party so hurt is made vnperfect to fight As if a bone bée taken out of the hedde or a bone bée broken in any other part of the body or a foote or hand or finger or ioynt of a foote or any member bée cut or by some wound the sinewes bée made to shrinke or other member or the fingers made crooked or if an eye bée put out or the foretéeth broken or any other thinge hurt in a mannes body by meanes whereof hee is made the lesse able to defend him selfe But the cuttinge off of an eare or nose or breaking of the hinder téeth or such like is no may â–ª him because it is rather a deformity of y e body theÌ„ diminishing of strength And if the Justyces stand in doubt whether the hurt be a maihim or not they vse and wil of their
great discretiō take the helpe and opinion of some skilful Surgeon to consider thereof before they determine vpon the case Mainprise MAinprise is when a mā is arrested by capi as then the Judges may deliuer his bodie to certeine menne for to keepe and to bringe him before them at a certaine daye and these be called mainpernours and if the partye appeare not at the daye assigned the mainpernoures shal be amerced Mannour MAnnour is a thinge compounde of diuers thinges as of a house lande arrable pasture meadowe woode rent auowson court baron and such like make a manor this ought to be by longe contynuaunce of time to the contrary◠whereof mans memory cannot tel for at this day a manor cānot be made because a court baron cānot nowe be made and a manour cannot be w tout a court baron suters or fréeholders two at the least for if all the fréeholdes except one escheate to the lord or if he purchase al except one there his manor is gone for that it cannot bée a mannor without a court Baron as is aforesaid and a court baron cannot bée holden but before suters not before one suter therfore where but one fréehold or fréeholder is there cannot bée a mannour Manumission MAnumission is in ii sortes the one is a manumission expressed the other a manumissiō implyed or secreat Manumission expressed is when the Lord maketh a déed to his villen to enfraunches hym by this word Manumittere which is as much to say as to let one goe out of an other mans hands or power The manner of manumittinge or infraunchising in old time most vsually was thus The Lorde in presence of hys neyghbours toke the bonde manne by the heade saying I wil that this manne be frée and therewyth shewed him forwarde out of hys handes and by this hée was frée without anye more a doe Manumissyon implyed wythout this woode Manumittere is when the lorde maketh an obligation to his villē to pay him money at a certein daye or suith him wher he might enter without sute or graunteth vnto his vyllen an annitie or lesseth lande to him by déede for yeres or for life in dyuers such like cases y e villen thereby is made frée Maximes MAximes be the foundations of the lawe the conclusions of reason and are causes efficient certein vniuersall propositions soe sure and perfect that they may not bée at any time impeached or impugned but ought alwaies to bée obserued and holden as strong principalles and aucthorities of thēselues although they cannot be proued by force of argument or demonstratiōs logicall but are knowen by enduction by y e way of sence memory As for example it is a maxime that if a man haue issue 2. sonnes by diuers women and the one of them purchase landes in fée and dieth wythout issue the other brother shall neuer be hys heyre c. Also it is an othermaxime that lāds shal discēd frō the father to y e sōne ▪ but not frō the sōne to y e father for that is an ascention c. diuers such like there be Maynour MAynour is when a théefe hath stolne and is followed with hue and cry and taken hauing y t founde about him which he stole that is called the maynour And so we cōmonly vse to saye when we finde one doing of an vnlawfull act that wée tooke him with the maynour or maner Misprision MIsprision is when on knoweth that an other hath committed treason or felony and will not discouer him to the Q. or to her councell or to any magistrat but doth conceale the same A chapleine had fixed an olde seale of a patent to a newe patent of non residence and this was holden to bée misprision of treason onely and noe counterfeiting of the Q. seale Also if a man knowe mony to be counterfet bringe the same out of Irelād hither into England and vtter it in payment this is but mysprision of treason and no treason soe it is in diuers such like cases And in al cases of misprision of treason y e partie offendor shall forfayt his goods for euer and y ◠profets of his landes for terme of his life and his body to prison at the Q. pleasure And for misprision of felonie or trespas y e offēdour shalbée committed to prison vntill hée haue founde suerties or pledges for his fine which shal be assessed by y e ducretion of y t Justices before whom he was conuict And note that in euerie treason or felonye is included misprision and where any hath cōmitted treason or felony the Q. may cause y e sāe to be indited and arramed but of misprision onely if she will Shewinge of deedes or Recordes SHewinge of déedes or Recordes is as if for example an actyon of dette be brought against one vppon an obligation or by Executors c. there after that the pleyntife hath declared he ought to shewe his obligatiō or y ◠executour the testamēt to the court and soe it is of Recordes And the diuersitye béetwene shewing of deeds or Recordes hering of déeds or records is thus he y ◠pleades the deede or record or declares vppon it to him it doth appertaine to shewe the same And the other agaynst whom such déede or record is pleaded or declared and is thereby to bée charged may demaunde hearing of the same déed or record which his aduersarie brigeth or pleadeth against him Mortgage or Morgage MOrtgage or Morgage is whē a mā maketh a feoffement to another on such condition that if the feoffour pay to the feoffée at a certaine day xl li. of money that then the feoffour may reenter c. In thys case the feffée is called tenaunt in morgage And as a mā may make a feoffement in fée in morgage so hée may make a gift in tayle or a lease for terme of life or for term of yeares in morgage And it seemeth that the cause why it is called morgage is for that it standeth in doubt whether the feoffor will pay the money at the day appointed or not and if hée fayle to pay then y ◠land which hée layed in gage vppon condition of paymēt of y e money is gone from him for euer so dead to him vpō cōditiō But if he pay y ◠money then is the gage dead as to y ◠tenāt y t is to say the feoffée for this cause it is called in latin mortuum vadium as master Littleton sayth or rather mortuum vas as I thinke Mortmaine MOrtmaine was whē lands were geuen to a house of religion or to a cōpany which be corporat by y e kings graūt then the land is cōe into mortmain that is to say in English a dead hand and the kynge or the lord of whō y e lād to holden may enter into thē Mulier MUlier is a word vsed in our lawe but howe aptly I cannot tell nor doe wel knowe howe
holdeth ouer of y â— lorde aboue him As if y â— tenaÌ„t hold of y â— mesne by homage fealty xx s. of reÌ„t yerely y e mesne holdeth ouer of y e lord aboue by homage fealty xx s. rent also this is called owelty of seruices Hearing of Recordes and deedes c. HEaringe of Records déeds is if for example an actioÌ„ of det be brought against a man vppon an obligation and the defendant appéeres to the action and then praieth y t he may heare the obligatioÌ„ where with the plaintife chargeth him Soe it is when as executors bringe an action ofdet and the defendant demaundeth to heare the testament vpon this demaund it shal be read vnto the desendaunt But if it be in an other â—erme or after y â— the defendant hath imparled then hée shal not heare it And soe as is sayed of déedes is to be vnderstoode of recordes that are alleged against him Pape PApe is an auncyent name falsely arrogated or proudly vsurped by y e Bishop of the only Citye of Roome in Italie and is commonlye englished the Pope a name truely much frequented in our auncyent yere bookes specially in the times of those kings who to much abaÌ„doning their emperiall aucthoritie and abasinge themselues far beneath their estate were not a shamed to suffer an alyen outlandish Bishop that dwelt aboue fiftéene huÌ„dred miles from them to bee soueraigne ouer them in their owne dominions and to take froÌ„ them not onely the disposition of certen small trisles of none accompt but also the nomination of Archbishoppes Bishops Abbots Deanes prouosts appropriations of benefices preseÌ„taâ— ' to personages vicarages generally of al spirituall persons to their preferments sometymes by lapse and sometimes otherwise whereby the kings princely prerogatiue was very much abridged w tin their owne Realmes Partition PArtityon is à deuyding of laÌ„ds disceÌ„ded by the coÌ„mon law or by custome amoÌ„g coheires or parceners wher there be ii at y â— least whether they bée sonnes daughters sisters auÌ„tes or otherwyse of hyn to the auncestour from whom the laÌ„d discended to theÌ„ And this particion is made iiij wayes for the most part wherof thrée are at pleasure and by agreement among them the fourth is by compulsion One particyon by agréement is when they them selues deuide the lande equally into so many partes as there bée of them coparceners each to choose one share or part the eldest first so y â— one after other as they bée of age except y â— the eldest by consent make the particion then the choise belongeth to y â— next and soe to the eldest last accordynge as it is saied Whoe so maketh the partition the other must haue the choyse An other partition by agreement is wheÌ„ they choose certen of their frends to make diuision for them The third partition by agréement is by drawing of lots thus first to deuide the land into so many parts as there bée parceners then to writ euery part seuerally in a little scrolle or peece of paper or parchment and to put the same scrolles vp close into a hat cap or other such like thing and then each parcener one after an other as they bée of age to drawe out thereof one peece or scrolle wherein is written a part of the land whych by thys drawinge is nowe seuerally allotted vnto them in fée simple The fowerth partition which is by compulsion is when one or some of the coparceners would haue partition and other some wil not agrée there to TheÌ„ they y â— so would haue partitioÌ„ may bring a writ de partitione facicienda against y â— others that would not make partition by vertue whereof they shalbée compelled to depart c. Wée in Kent Brother Nicholas where the landes are of Gauelkynd nature cal at this day our partition Shiftinge euen y â— very same woord that the Saxons vsed namely Scystan which signifieth to make partitioÌ„ betweene coheires and to assigne to each of them their portion in latyn it is called Herciscere Parties PArties to a fine or déede are those that leuie the same fine and also they to whom the fine is leuied And they that make a déede of feoffement and they to whoÌ„ it is made are called parties to the déede and so in any other like cases Patron PAtron is hée that hath a parsonage vicarage frée chappel or such like spiritual promotion béelongynge to his maner and may or ought to gyue the same beneuÌ„ce when and as often as it falleth voyd And thys beynge patron or patronage had beginninge for the most part by one of these three wayes namely either by reason of the foundation for that the patron or hys auncestours or those froÌ„ whom he claimes were sounders oâ— builders of the Church or by reason of Dotation for y â— they did endowe or giue iaÌ„ds to the same for mayntenaunce thereof or els by reason of the ground because the Church was set or builded vpon their soyle or ground many times by reason of them al three Perquisites PErquisites are aduaÌ„tages and profits that coÌ„e to a manner by casualtie and not yearely as Escheates Heriots Reliefes waifes straies forfaytures amercementes in Courtes wardes mariages goods and landes purchased by villaines of y e same manor and diuers such like thinges that are not certen but happeÌ„ by chaÌ„ce sometimes more often then at other times Plaintife PLayntife is hée that sueth or complaineth in an ass or in an action personal as in an action of det trespas disceit detinue and such other Pledinge PLeding is y â— which coÌ„meth after y â— couÌ„t namely y â— which is contayned in the barre replication and reioynder and not that contayned in the count it selfe and therefore defauts in the matter of the Count are not comprised within mispleading or insufficient pleading nor are remedied by y t statute of Jeofailes But onely that mispleading or insufficient pleading committed in the barre replication and reioynder are there prouided for Pound POundes are in two sortes the one pounds open the other poundes close Pounde open is euery place wherein a dystresse is put whether it bée coÌ„mon pound such as are in euery Towne or lordship or whether it be backside Court yard pasture or els whatsoeuer where the owner of the distresse may come to geue them meat and drinke without offence for their beinge there or his comming thither Pounde Close is such a place where the owner of the distresse may not come to giue them meat and drinke wythout offence as in a close house or whatsoeuer els place Possession POssession is saied two wayes eyther actuall possession or possession in lawe Actual possessioÌ„ is wheÌ„ a manne entreth in déed into lands or tenements to him disceÌ„ded or otherwise Possession in lawe is wheÌ„ laÌ„ds or tenemeÌ„ts are discended to a man and hee hath not as yet really actually and in déede entred into them And it is called possession in
lawe because that in the eye and consideration of the lawe hée is demed to be in possession for asmuch as hée is tenant to euery mans action that will sue concerning y e same lands or tenementes Preamble PReamble taketh hys name of the preposition Pre before and the verbe Ambulo to goe see ioyned together they make a compound verbe of the first coniugatyon Preambulo to go before and hâ—â—â—of the first part or beeginning of an act is called y â— preamble of the act which preamble is a key to open the minds of the makers of the act and y e mischiefes that they in tende to remedy by the same as for example the statute made at West â–ª minster the first the 37. chapter which giueth an attaint the preamble of which is thus For as much as certain people of y e realme dout very little to giue false verdictes or othes which they ought not to do wherby many people are disherited and lose their right it is prouided c. Prescription PRescription is when one hath had or vsed any thinge sith the time whereof no minde is to to the contrary Presentment PResentment is when a manne which hath ryght to géeue a benefice spiritual nameth the personne to whome hée will geue it and maketh a writing to the Bishop for him that is a presentation or presentmeÌ„t Pretensedright or Title PRetensed right or title is where one is in possession of landes or tenements and an other who is out of possession claimeth it or sueth for it Nowe the pretensed right or title is said in him who soe doth sue or clayme And if he afterward come to y e possessioÌ„ of the same laÌ„ds or tenements his right or title is extinâ—t or suspendedin the lande Priuie or priuite and Pris uies PRiuie or priuite is where a lease is made to hold at wil for yeres for life or a feoffement in fée and in diuers other cases nowe béecause of this that hath passed betwéene these partyes they are called priuies in respect of straungers betwéene whom noe such dealinges or conueyances hath ben Also if there be Lorde and tenaunt and the tenaunt holdeth of y e lorde by certein seruice there is a priuitie betwene theÌ„ because of the tenure and if the tenaunt be disseysed by a straunger there is no priuitie béetwéene the dissâ—â—our and y â— lord but the priuitie styll remaineth béetwéene the Lord and the tenant thâ—t is disseysed and the Lord shall auowe vpon him for that he is his tenant in right and in the iudgment of the lawe Priuies are in diuers sortes as namely priuies in estate priuies in déede priuies in lawe priuies in right and priuies in bloode Priuies in estate is where a lease is made of the manner of dale to A. for lyfe the remâ—ynder to B. in see there both A. and B. are priuies in estate for their estates were both made at one time And soe is it in the first case heare where a lease is made at wil for life or yeres or a feoffement in fée y â— lessées or feoffées are called priuies in estate so are their heires c. Priuyes in déede is where a lease is made for lyfe and afterwarde by an other déede the reuersion is graunted to a straunger in fée thys grauntee of the reuersion is called pryuie in déede béecause that hée hathe the reuersyon by deede Priuie in lawâ—is where there is Lorde and tenaunt the tenaunt lesseth the tenauncye for lyfe and dyeth without heire and the reuersion escheates to the lord hée is said priuie in lawe béecause that hée hath his estate onely by she lawe that is to saye by escheat Priuie in ryght is where one possessed of a terme for yeres graunts his estate to an other vppon coÌ„dition maketh his executours and dieth nowe these executors are priuies in right for if the condityon bee broken and they enter into the lande they shall haue it in the right of their testatour and to his vse priuie of blade is the heire of y â— feoffour or donor c. Alsoe if a fine be leuied the heires of him y t leuied the fine are called priuies Priuiledges PRiuiledges are lyberties and Fraunchises graunted to an offyce place Towne or manner by the Quéenes great Charter letters patentes or act of parliament As Tolle sake Socke Infangtheefe vtfangethéefe turne tolle oredelfe and diuers such like for which looke in their proper titles and places Next frende NExt frend and warden in Socage is all one and is where a maÌ„ seysed of landes holden in Socage dieth hys issue within age of 14. yeares then the next frind or next of kinne to whom the lands cannot come or discende shall haue the keepinge of the heire and of the land to the only vse of the heire vntil he come to the age of 14. yeares and then at that yeares hée may enter and put him out and bringe hym to accompt but in that accompt hée shalbée allowed for all reasonable costes and expences beestowed either vppon the heire or his land And the next frind or next of kynne to whom the inheritaunce cannot discend is thus to be vnderstoode if the landes discend to the heire from his father or any of the kyn of his fathers side theÌ„ the mother or other of the mothers side are called the next of kynne to whom the inheritaÌ„ce cannot dyscende for beefore that it shal so dyscende it shall rather escheat to the Lorde of whom it is holden and so it is to be vnderstoode where the landes come to the heire from hys mother or any of y e kyn of his mothers side TheÌ„ the father or other of the fathers side are called the next of kin to whom the inheritaunce cannot discende but shal rather escheat to the Lorde of whom it is holden Protestation Protestation is a sauinge to the partie that so pleadeth by protestation to bée concluded by any matter alledged or obiected agaiÌ„st him vpoÌ„ which he caÌ„not ioin issu And is no other thing but an exclusion of the conclusion for hée that taketh the protestation excludes the other party to conclude hym And thys protestatyon ought to stand with the sequele of the plea and not to bée repugnant or otherwise contrary Purchase PUrchase is the possess that a manne hath in landes or tenements by his owne act meanes or agréement and not by title of â—iscent from any of his auncestours Quarentine QUarentine is where a man dieth seysed of a maner place and other lands whereof his wyfe ought to bée endowed then the woman shall hold the manner place xl dayes within which time her dower shalbée assigned But if shée marie w tin the 40. daies shée shall loose her quarentine Fifteene FIftéene is a payment graunted in parliameÌ„t to the Quéene by the Temporaltie namely the 15. part of their goods And was vsed in auncient tyme to bée leuied vppon their Cattayle goynge in their groundes which thynge was
very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ◠land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ◠defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ◠ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m◠lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ◠reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth
the name offyce is not altogether forgotten And is in effect that which nowe euery Bailife of a mannour practiseth Although the name of Bailise was not then in vre amonge vs being since brought in by the Normans But the name of Réeue auÌ„ciently called Gereue which particle Ge in continuance of tyme was altogether left out and lost came from the Saxon woord Gerefa which signifieth a ruler And so in déede his rule and aucthoritie was large wythin the compas of his Lordes manour and amonge hys menne and tenauntes as well in matters of gouernement in peace and warre as in the skylfull vse and trade of husbandry For as hée did gather his Lordes rentes pay Reprises or duetyes issuings out of the manner set the seruants to worke fel cut down Trées to repaire the buildinges and enclosures with diuers such like for his Lordes commoditity So also he had aucthority to gouerne and kéepe the tenants in peace and if néede required to leade them foorth in warre Reuersion REuersion of lande is a certen estate remayning in the lessour or donour after the particuler estate and possession conueyed to an other And it is called a reuersion in respect of the possessioÌ„ seperated from it so that hée that hath y â— one hath not the other at the same time for béeinge in one body together there cannot be said a reuersion beecause by the vnitinge the one of them is drowned in the other And so the reuersion of lande is the land itselfe when it falleth Riot RIot is where 3 at the least or more doe some vnlawfull act as to beat a manne Enter vppon the possess of an other or such like Robbery RObbery is when a maÌ„ taketh any thing from the parson of an other feloniousely although the thinge so taken bée not to the value but of a peny yet it is felony for which the offendor shal suffer death Rout. ROut is when people doe assemble themselues together and after doe procéede or ryde or goe foorth or doe moue by the instigation of one or more who is their leader This is called a Rout béecause they do moue and procéede in Routes and numbers Also where many assemble them selues together vpon their owne quarrels and braules as if the inhabitaunts of a Towne wyll gather them selues together to breake hedges wales ditches pales or such like to haue coÌ„moÌ„ there or to beate an other that hath done to them a coÌ„mon displeasure or such like that is a Rout and agaynst the lawe although they haue not done or put in executyon their mischeuous entent Sake SAk this is plea and correction of trespas of men in your court because Sak in English is Acheâ—oÌ„ in french and Sak is put for Sik as to say for sik sak also for what hurt and Sak is put for forfait Scot. SCot that is to be quite of a certen custome as of common tallage made to the vse of y â— shirife or his Bailifes Shewinge SHewing that is to bée quit with attachment in any court and before whomsoeuer in plaintes shewed not auowed Sok SOk this is suit of meÌ„ in your court according to the custome of y â— Realme Sokmans SOkmans are the tenants in auncient demesne that holde their lands by Socage that is by seruice with y â— plough and therefore they are called Sokmans which is as much to say as tenants or meÌ„ that hold by seruice of the plough or plowmen For Sok signifieth a plough And these Sokmans or tenants in auncieÌ„t demesne haue many and diuers liberties gyuen and graunted to them by the law as wel these tenants that holde of a common person in auncient demesne as those that hold of the Quéene in auncient demesue as namely to bée frée from payinge tolle in euery Market Faire towne and Cytie throughout the whole Realme as well for their goodes and cattels that they sel to others as for those thynges that they buy for their prouision of other And thereuppon euery of them may sue to haue letters patentes vnder y e Quéenes seale directed to her officers to y e Maires Bailifes other officers in the Realme to suffer them to bée tolle frée Also to bée quit of poÌ„tage murage and passage as also of taxes and tallages grauÌ„ted by parlyament except that the Quéene taxe auncien demesne as shée may at her pleasure for some great cause Also to bée frée froÌ„ payments towardes the expenses â–ª of the knightes of the Shire y t come to the parliament And if the shirife will distreine them or any of them to bée contributory for their lands in auncyent demesne then one of theÌ„ or all as the case requireth maye sue a writ directed to the shirife coÌ„maunding him that hée doe not compell them to bée contrybutories to the expenses of the knightes and the same writte doth commaunde him alsoe that if he haue alreadye dystrayned them therfore that hée redelyuer the same distresse Alsoe that they ought not to bée impanelled nor put in iuries and enquestes in the countrey out of their manner or lordship of auncyen demesne for the lands that they holde there except that they haue other laÌ„ds at the common lawe for which they ought to be charged and if the sherife doe returne them in panelles then they may haue a writ against him de non ponen dis in assisis et iuratis And if he doe to the contrarye then lieth an attachmeÌ„t vpon y t against him And so it is also if the bailifes of fraunchises that haue returne of writtes will returne any of the tenauntes which holde in auncieÌ„t demesne in assises or iures And also to be exempt from leetes and the shirifes turne wyth dyuers other such like lyberties Spoliation SPoliation is a suit for the fruites of a church or for the church itselfe and is to bee sued in the spyrytuall Court and not in our courtes And thys suyt lyeth for one incumbent against an other incumbent where they both claime by one patron and where the ryght of the patronage doth not come in question or debate As if a parsonne be created a Bishoppe and hath dispensation to kéepe his be nefice still and afterwarde the patron presents an other incumbeÌ„t which is instituted inducted Now y e Bishop may haue agaynst that incumbent a Spoliation in the spiritual court because they clayme both by one patron and the ryght of the patronage doth not come in debate and béecause that the other incumbent came to the possessioÌ„ of y e benefice by the couse of the spirituall lawe that is to say by institutyon and induction soe that he hath couler to haue it and to bee person by the spiritual lawe for otherwise if he be not instituted and inducted c. spoliatyon lieth not against hym but rather a writ of trespas or an assise of nouel disseisin c. Soe it is alsoe where a person doth accept an other benefice by
looking for nothinge thereby c. By which wordes is excluded either the takinge of xl li. v. pounde yea or of one peny aboue the principal But rather let such thinke that that statute was made vpoÌ„ like cause that moued Moyses to giue a byll of dyuorce to y â— Isralites as namely to auoyd a greater mischiefe for the hardnesse of their harts Vilawrie VTlawrie is wheÌ„ an exigent goeth foorth against any man proclamation made at v. counties then at the v. county if the def appere not y e coroner shall giue iudgment that he shal be out of the protectyon of the Queene out of the eyde of the lawe and by such an vtlary in actions personals the party outlawed shall forfayt all his goodes and cattels to the burden or trouble of the goodes for hys ease sake and more spéedy trauaylinge without huâ— crye flyeth away and leaueth the goodes or any part of them behynd him c. Then y â— Quéens officer or the Réeue or Bailife to the Lorde of the mannour wythin whose Jurisdictyon or circuit they were left that by prescriptyon or grauÌ„t from the Quéene hath the fraunchyse of wayfe may seyse the goods so wayued to their Lordes vse whoe may kéepe them as his owne proprr goods except that the owner come w t fresh suite after the felon and sue an appell or gyue in euideÌ„ce against hiÌ„ at his arrainmeÌ„t vpoÌ„ y â— indictment and be attainted thereof c. In which cases the first owner shall haue restitution of hys goodes so stollen wayued But although as hath bin said waife is properly of goodes stolne yet waife may â—ée also of goods y â— are not stolne as if a man be pursued with hue and crye as a felon and he flieth and leaueth his owne goods c. these shalbée taken as goodes wayued and forfait as if they had byn stolne VVaiue WAiue is a woman that is vtlawed shée is called wayue as left out or forsaken of the law not an vtlawe as a man is For wemen are not sworne in léetes to the Quéene nor to y â— lawe as men are who therefore are within the lawe whereas wemen are not and for y t cause they cannot besaid out of the lawe in so much as they neuer were w tin it But a man is called vtlawe because that hée was once sworne to the lawe and nowe for contempt hée is put out of the lawe and is called vtlaw as one should say without benefite of the lawe VVarwit WArwite or wardwite as some copies haue it that is to be quite of giuing of money for kéepinge of watches VVrecke WReke or varech as the Normans froÌ„ whoÌ„ it caÌ„e cal it is where a ship is perished on the sea and no man escapeth a lyue out of the same and the shippe or part of the shippe so perished or the goodes of the ship come to the lande of any Lorde the lorde shall haue that as a wrecke of the sea but if a man or a dogg or cat escape a liue so y t the party to whoÌ„e y â— goodes belonge come w tin a yere and a day and proue the goodes to bée his he shal haue them a gayne by prouision of the statute of Westminster the first cap. 4. made in king Ed. 1. daies who therin followed the decrée of Henry the first before whose dayes if a shippe had bene cast on shore torne wyth tempest and were not repayred by such as escaped on lyue wythin a certeyne tyme that then thys was taken for wrecke FINIS The olde Tenures Seruice de chiualer TO holde by knightes seruice is to holde by homage fealty and escuage and it draweth to it warde mariage reliefe and know thou that knights seruice is seruice of landes or tenementes to beare armes in warre in the defence of the Kealme and it o weth ward mariage by reasoÌ„ that none is able nor of power nor may haue knowledge to beare armes before y t he be of y e age of 21. yeres And for so much that the Lorde shall not léese that that of ryght hée ought to haue and y t the power of the realme nothinge be made weke The lawe wil because of his teÌ„der age y t y e Lord him shall haue in his ward till the full age of him that is to say xxi yeres Graund serieantie To hold by graund serieanty is as if a man hold certain lands or tenementes of the king to go w t him in hys hoste or to beare hys banner w t him in his warres or to leade hys hoste or such like and thereto belongeth warde mariage and reliefe as it appereth in y e tretise of wards and reliefes in the statute made the 28. of Edwarde the I. Petit Serieantie ¶ To hold by petit serieantie is as if a maÌ„ hold of the kinge lands or tementes yelding to him a knife a buckler an Arrowe a Bowe without string or other like seruice at the will of the firste feoffour and there beloÌ„geth not ward mariage ne reliefe And marke well that a man may not holde by grauÌ„d nor petit serieantie but of the king Escuage ¶ To holde by escuage is by knight seruice and there belongeth warde mariage and relief And marke wel that a man may not holde by escuage bnt that he hold by homage for that escuage of common ryght draweth to him homage as it was indged Termino H. 21. E. 3. cap. 42. fol. 52. Auowrye 115. And note wel that escuage is a certeine somme of money and it ought to be leuied by the Lord of hys tenaunt after the quantitie of his tenure when escuage runneth by all Englande And it is ordeined by al the couÌ„sell of Englande howe much euery tenant shall geue to his lord that is properly for to maintein the warrrs béetwéene Englande and them of Scotlande or of Wales and not betwene other lands for that that those foresayed landes shoulde bee of right belonginge to the Realme of Englande Homage auncestrel ¶ To holde by homage auncestrel is where I or my auÌ„cestors haue holdeÌ„ of you of your auncestors froÌ„ time out of mind whereof no mynde runneth by homage fealtye and certayne rent And it is not to holde by knightes seruice and there beloÌ„geth not ward maryage nor relyefe And note well that homage maye bée sayed in two manners that is to say homage auncestrell and homage de fayt Homage auncestrell is there where you or your auncestours haue holden of me and myne auncestors duringe the time of mans remeÌ„brance by homage fealty rent Homage de fayt is there where I enfeoffe your selfe to hold of me by homage and rent and in soe much that this homage beginneth by my deede it is called homage de fait And note wel y t homage auÌ„â—â—strel draweth to him voucher y t is to say warrantie of auÌ„cestours but not homage de fait Curtesie dengleterre ¶ To hold by the
curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a soÌ„ne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this laÌ„d for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y â— person of him of whom he holdeth And for that this tenaÌ„t may not alieÌ„ iÌ„ fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel iÌ„ effect for no action is mayntenable against y â— termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y â— if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y â— lessee to haue more loÌ„g time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the saÌ„e estate in the lands that the lessour did him graunt at y â— â—eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womaÌ„ shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y â— day assigned then y â— woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimeÌ„t y â— donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y â— yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward coÌ„trary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in auncieÌ„t tenure is that where the people in auncieÌ„t demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge theÌ„ wheÌ„ their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y â— base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is coÌ„teined in the feffemeÌ„t and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the coÌ„mon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The
definitiō of villenage is villein of bloude and of tenure And it is he of whome the Lord taketh redemptyon to mary his daughter to make him frée it is hée whom the lord may put out of his lāds and tenements at his wil alsoe of al his goods and cattel And note wel y t a sokmā is no pure villeine nor a villeine oweth not ward mariage nor reliefe nor to do any other seruices real And note wel that the tenure in vyllenage shall make noe frée man villeine if it be not continued sith tyme oute of mynde nor vyllayn land shal make no frée manne villeine nor frée lande shall make noe villeine frée except that the tenāt haue contynued frée sith the tyme of noe minde but a villeine shal make frée land villein by seysin or claime of y e lord And note wel that if a villain purchase certaine land take a wife alien and dieth before the claime or seysin of y e lord y e wife shalbée endowed And note wel y t in case that the lord bring a Precipe quod reddat against the alien the which voncheth to warraunt the issue of the villaine which is villeine to the Lorde hée shal haue the voucher by protestation y e Lorde may say that notwithstandinge that hee plede with his villeine yet his villeine shall not bée enfraunchised And note well that a bastarde shall neuer bee iudged bylleyne but by knowledge in court of recorde And note well that if det be due by a Lord to a free man and he maketh two men his executours the which bée villeynes to the sayed Lorde and dyeth the villeines shall haue an actyon of dette agaynst their Lorde notwythstandinge that he plede with them And if he make protestation they shall not bée for so much enfraunchised for that that they be to recouer the dette aforesaid to the vse of an other person that is to say to the vse of their testatour and not to their owne vse And if the tenāt in dower haue a villeine which purchaseth certaine land in fee and after the tenaunt in dower entreth shée shal haue the land to her to her heires for euer more the same lawe is of tenaunt for terme of yeres of a villein And note wel that the Lorde may roble his villain bete and chastice at his wil saue onely that he may not maime him for then he shal haue appell of mayme agaynste him ¶ And note well that a villaine may haue iij. actions against his lorde y t is to say appel of death of his aunce stour appel of rape don to his wife appel of maime And note well if two parceners bring a writ of Nyefe one of thē be nonsute the nonsuite of hym shalbée iudged y t consuit of them both soe that if the non-suite be after apparance they shalbée put oute from that actiō for euer for the lawe is such in fauour of liberty And note well if two haue a vylleine in comen one of them make to him a manumission he shal not be made frée against both And note wel that in a writ de Natiuo habendo it behoueth that the lorde shewe howe hee cōmeth priuy of the bloode of the villeine of whome hée is Lorde c. And if hée nor none of hys auncestours were not seysed of none of hys blood he shall not wynne by his action if y ◠villein haue not knowledged in court of record him selfe to bée his villein And note wel that in a writ of Niefe may not be put more niefes then ij this was first brought in in y ◠hatred of bondage But in a writ de Libertate probanda may bée put as manye nyefes as the plaintife will ¶ And note well that if the vylleyne of a Lorde bée in auncien demesne of y e king or other towne priuileged within a yere and a day the lorde may seise him and if he dwel in the same towne or other place fraunchised by a yere and a daye without seisin of the Lord he hath noe power to seyse him after if hée goe not in estraie out of the foresaid fraunches Taile ¶ To hold in the taile is where a man holdeth certaine lāds or tenements to him and to his heires of hys body béegotten And note wel that if y ◠land be géeuen to a man and to his heires males and hée hath issue male hee hath fée simple and that was adiudged in y e parliament of our Lord the kynge But where landes or tenementes bée géeuen to a man and to his heirs males of his body begotten then hée hath fée tayle and the issue female shal not bée enheritable as it appereth the xiiii yere of Edward the third in assise Taile apres possibilitie ¶ To hold in the taile after possibilitie of issue extinct is where lād is geuē to a mā to his wife to the heires of their ii bodyes ingendred and one of them ouerlyueth the other wythout issue betwéene them béegotten hée shall holde the lande for terme of hys owne life as tenaunt in the taile after possibilitie of issue extinct And not withstanding that he do wast he shal neuer be impeched of that wast And note that if hée alien hée in the reuersion shal not haue a writte of entre in consimili casu But hée may enter and hys entre is lawfull per Robertum Thorpe chiefe Justice Frankmariage ¶ To holde in frankemariage is to holde in the seconde tayle lymit in the statute of Westminster seconde cap. 1. And the feoffour shal acquite y ◠feoffée of al maner of seruices vnto y e 5. degrée be past and y e feffour shal do all the seruice and suites duringe y e sayde terme And after the heires of the feoffée shall doe it for that that the priuitie of bloud is past And if hée bée distrained for seruyce hée shal haue a writ of Mesne agaīst him supposing that he held the lands of him but he shal not haue the foreiudgement if it be not in aduauntage of his issues And note well that after the fowerth degrée be past he shall bee attendaunt of as much seruice to the donour as the donour is attendant to the Lord paramount And if hée do felony for which he is attaint the king shal haue his lands for terme of his life naturall And after hys death hys issue shal inheryte as by force of the tayle And in this case none shall haue hys lands by way of eschete no more then in any other taile And in case that the tenant die without heire of hys body begotten the lande shall reuert to the donour as it shoulde in the common tayle And if a manne let his land to another in franke mariage yeldynge to hym a certayne rent by yeare hée shall hold this land in the common tayle and not in frankemariage for by the rent reserued these woordes
in liberum maritagium bée al vtterly voyd so that y â— tenure shalbée intended after the tenure in the common taile And note wel that the gift in franke mariage hath a condition annexed to it notwithstanding that it be not openly declared in the déede of the gift as it appereth by the statut of westinÌ„ second ca. primo de Donis coÌ„dicionalibus And note wel that a manne shall not géeue landes nor tenementes in frankemariage but where the womanne is priuie of bloud to the donour â— else the mâ—â—â—e nor the womaÌ„ shal haue no other estate by the feoffement but for term of life Frank almoigne To holde in franke almoigne is to hold landes or tenements for to serue Godde and holye Church to endow without doynge any other manner of seruice And note well that in thys case the donor is mosne and oughtto acquite him fréely against the chiefe Lorde and also they that holde in frankealmoigne shall doe no fealtie but they that hold in franke mariage shall do fealtie Elegit To hold by Elegit is where a manne hath recouered debt or dammage by a writ against another or by confessyon or in other manner hée shal haue within the yere against hym a writte Judicial called Elegit to haue execution of the halfe of al his laÌ„ds and cattels except oxen and bestes of the plowe tyll the debt or dammages hée vtterly leuied or payed to him duringe the terme hée is tenant by Elegit And note wel if hee bée put out within y e terme he shall haue assyse of nouell disseysin and after a redisseisin if néede be and thys is géeuen by the statut of Westminster 2. ca. 18. and also by the equity of the same statute he that hath his estate if hée bée put out shall haue assise and a redisseisin if néede be and also if hée make his executours and dye and his executours enter and after be put out they shall haue by the equity of the same statute such action as hée hym selfe before said but if he be put out after make hys executours and dye his executours may enter and if they be stopped of their entre they shall haue a writte of trespas vpon their matter and case And note well if hée do wast in al the lande or parcell the other shall haue against him immediatly a writte Judicyall out of the first recorde called a venire facias ad computanduÌ„ by which it shalbée inquired if hée haue leuied all the money or parcel and if he haue not leuied theÌ„ money then it shal be in quired to how much the wast amounteth and if the wast amount but to parcel then asmuch of y e mony as y e wast amouÌ„teth shalbée abridged of y â— foresaid money which was to be leuied But if he haue done more wast then the foresaid summe of money which was to be leuied amounteth the other shall bée discharged by and by of all the said money and shal recouer the land and for the superfluity of y â— wa st made aboue that that amounteth to the sayde summe hée shal recouer his daÌ„mages single and the same lawe is of hys executours also of him that hath his estate And note that if hée alien in fée or for terme of life or in tayle all or parcell of the laÌ„d which he holdeth by Elegit if y â— alienation bée made w tin the terme or after hée which hath right shalhaue against hi one assise of nouel disâ—cisine And they both must be put in the auâ—se the alienor and the alienée and notwythstandinge that the alienour die preseÌ„tly yet he which hath right shal haue an assise against the alienée alone as if the alienour had bene a playne tenant for terme of yeres and that is by the equitie of the statut of W. 2. cap. 25. for that that he hath not but a chattel in effect and the same law is of his executours and of him which hath hys estate as is aforesaid And note wel that in an Elegit if the shirife retorne y â— he had nothinge y â— day of there conusance made but y â— he purchased lands after the tyme then the partye plaintife shal haue a newe writto haue execution thereof the same lawe is of a statute merchaunt And note wel that after a fiery facias a maÌ„ may haue the Elegit but not contrary wise for soe much y â— the Elegit is of more higher nature then thefieri facias And note wel that if a man recouer by a writte of debt and sueth a fieri facias and the shirife retourne that the party hath nothig where of hee maye make grée with the party then the plaintife shal haue a capi as sicut alias and a pluries and if the shirife retourne at the capias mitto vobis corpus and hée haue nothinge whereof hée may make grée to y â— party he shalbée sent to the prison of the Fléet there shal abide tyll hée haue made agrement w t the party if y â— shirife retourne non est inuentus then there shall goe forth an exigent against hym And note wel y â— in a writ of debt brought against a personne of holy church which hath nothinge of lay fée y â— shirife retourneth y â— he hath nought by which he may be summo ned then shall the plaintife sue a writ to the Bishop that hée make hys clerke to come and the bishop shal make hym â—o come by sequestration of y â— church And note wel y â— if a man bringe a writ of debt recouer make his executors dieth they shal haue executioÌ„ not w tstanding y â— it be within y â— yere by a fieri facias Statut merchant 6 To holde by Statute merchaunt is where a man knowlegeth to pay certayne money to another at a certaine day before the maior bailife or other wardeÌ„ of any town y t hath power to make execution of the same statute if y e obligée pay not y â— debt at y e day nothing of his goods lands or tenementes may be found within the warde of the maior or warden béefore saied but in other places without theÌ„ y e reconisée shal sue the reconisaunce obligatioÌ„ w t a certification to the chauncery vnder the kinges seale he shal haue out of the chauÌ„ cery a capias to y e shirife of y e couÌ„ty where he is to take him to put hym in prison if hée bée not a clarke til hée bée not a clarke til hée haue made gréement of y e debt And one quarter of the yere after that that hée shalbée taken hée shall haue his laÌ„d deliuered to himselfe to make gree to y e party of the debt he may selit while he is in prison and his sale shal be good law ful And if he do not grée w tin a quarter of a yere or if it be retourned that he be not
fouÌ„d then y â— reconisée may haue a writ of the chauncery which is called Extendi sacias direct to al shirifs where hée hath landes to extende hys landes and goods to deliuer y e goods to him and to seise him in hys landes to holde them to him and to hys heires and his assignes til that the debts be leuied or payed and for that tyme hée is tenaunt by statut merchaunt And note wei that in a statute merchaunt the reconisée shall haue executyon of al the landes which the reconisour hadde the daye of the reconisaunce made and any tyme after by force of the same estatute And note well that when any waste or destruction is made by the reconisée his executors or by him that hath estate the reconisour or his executours shal haue the same lawe as is before sayd of the tenant by Elegit And note wel if the tenaunt by statut merchaunt holde ouer hys terme he that hath right maye sue against him a venire facias ad computandum or els enter by by as vppon tenaunt by Elegit ¶ There be thrée maner ofrents that is to saye rent seruice rent charge and rent secke Rent seruice is where a manne holdeth of an other by fealtie and for to doe suit to his court and yelding to him a certaine rent by the yere for all manner of seruices ¶ And note wel that if the Lorde be seised of the seruice rent before said they be behinde and he distraine and the tenant rescue the dystresse hée may haue Assyse or a writte of rescous but it is more necessarye for hym to haue assyse then a writ of rescous for that by assise he shal recouer his rent his damages but by a writte of Rescous hée shall not recouer but the thynge and the dammages ¶ And note well that if the lorde be not seysed of the rent and seruyce and they bée behynde and hee dystrayne for them and the tenaunt take againe the distresse hee shall not haue assise but a wrytte of Rescous aud shal not néede to shewe bys right And note wel that if the Lord distreine his tenaunt in socage for knights seruice whiche is not denyed him auowe for y â— same seruice in court of record he shal be charged by the same seruice by Fynch termino Hillarij Anno xlvj And note well y â— if the Lord may not find a distresse by two yeare hée shal haue against the tenaunt a writte of Cessauit per biennium as â–ª it appereth by the statute of Westm 2. cd 21. And if the tenant dye in the meane time and his issue enter the Lord shal haue against the issue a writ of entre vpoÌ„ y â— Cessauit or if the tenaunt alien y â— lord shall haue against the alienée the foresayd writte But if the Lorde haue issue and dye and the tenaunt bée in arrerages of the sayde rent and seruice in the time of the father of the issue not in the time of the issue he may not distrain for y â— arrerages in y â— time of his father and hee shal haue none other recouery agaynst the tenaunt or any other for that that such aduantage is géeuen by the lawe to the tenaunt And note well that rent seruice is that to the which belongeth fealtie but to rent charge rent seck belongeth not fealtie but it belongeth to reÌ„t seruyce of common right Rent charge Rent charge is where a man grauÌ„teth certaine rent going out of hys lands or tenemeÌ„ts to another in fée simple or in fée taile or for terme of life by déede vpoÌ„ condition y t at what time the rent bée beÌ„ehinde it shall bèe wel lawefull to the grauntée to hys heires or assygnes or distrayne in the same laÌ„ds or tenementes And note wel that if the rent be behind it is wel lawful to the grauntée at his election to haue a writte of annuiâ—y or els he may distraine and if the distresse bée taken agaynst his will from him and he was neuer seised béefore he hath noe recouery but by writ of Rescous for y e distresse first taken geueth not to him seysin onely if hee haâ— the rent beefore for if he were seysed of the rent before and after the rent bée behind and hée dystraine rescous to hym bée made hee shall haue assise or a writte of rescous And note wel that in euery assise of reÌ„t charge and annuell rent or in a wrytte of annuitie it béehoueth to him that bringeth the writte to shewe forth an especialty or els he shall not maintaine the assise but in a Mordauncestour or formedon in the discender or other writs in the which title is geuen or comprised brought of rent charge or annuell rent it néedeth not to shewe especialtie And note well that if a maÌ„ grauÌ„t a reÌ„t charge to an other y â— grauntée purchase the halfe of the land whereof the rent is going out all the rent is extinct and if the grauntée release to the grauntour parcell of the rent yet al the rent is not extinct But in reÌ„t seruice the lawe is otherwyse for notwithstandinge y â— y â— Lorde hath purchased y â— halfe of y â— laÌ„d wherof y â— rent is going out yet y â— rent is not extinct but for the halfe the cause of the diuersity is that rent seruice may bée seuered to one portion but not rent charge And note wel that if rent charge be graunted to two ioyntly and the one release yet the other shall haue the halfe of the rent And also if one purchase the halfe of the lande whereof the rent is goyng out the other shall haue the halfe of the rent of hys companion And if the disseysour charge y â— land to a straunger and the disseisie bringe an assise and recouer the charge is defeated But if hée that hath right charge the lande and a straunger faine a false action against him recouer by defaut the charge abydeth And note wel that in case that purparty bée béetwéene two parceners and more land bée allotted to one then to the other and shée that hath more of the lande chargeth her land to the other and shée happeth the rent shée shal mainteyne assyse without especialty And if y â— grauÌ„tée haue in fée simple or in fée tayle and hath issue and dieth if the issue bringe a formedon or assise of mordauncester hée shall neuer bée charged to shewe an especialty Rent secke Rent secke is where a man holdeth of me by homage fealty other seruice yeldyng to mée a certaine rent by y e yere and I graunt this rent to another reseruinge to mée the seruice And note wel that in rent seck if a man be seised of the rent and the rent bée behind hée may not dystrayne but hee shall haue assise of nouel disseisin And note well that if rent secke be graunted to a manne and to hys heires and the