❧ LITTLETON TENV●…S in English●…  
❧ Cum privilegio ad imprimendum solum.  
  


TEnant en fee simple ●…he which hath lands or tenements to hold to him and to his heirs for ever. And it is called in latin feodum simplex, for feodum is called inheritance and simplex is asmuch to say as lawful or pure, and so feodum simplex is as much to say as lawful or pure inheritance. For if a man will purchase lands or tenements in fee simple, it behoveth him to have these words in his purchase, to have and to hold unto him and to his heirs, for these words his heirs make the estate of inheritance. Anno. 20. H. 6 Folio. 38.  
¶ For if any man purchase lands by these words, to have and to hold to him for ever, or by such words to have and to hold to him & to his ass●ignes for ever. In these two cases he hath none estate but for term of life for that, that he lacketh these words his heirs, which words only make the estate of inheritance, in all feoffementes and grants.  
And if a man purchase lands in fee simple and die without issue, every one that is his next cousin collateral of the whole blood, how far soever that he be from him of degree, may inherit and have the same land as heir to him. But if there be father and son, and the father hath a brother, which is uncle unto the son, and the son purchaseth land in fee simple and dieth without issue living the father, the uncle shall have the land, as heir unto the son, & not the father (yet the father is more nigh of blood unto the son) for that that there is a ground in law, that inheritance may lineally descend, but not lineally ascend, yet if the son in such case die without issue & his uncle entereth into the land as heir unto the son so as he aught by the law, and after if the uncle decease without issue living the father than shall the father have the land as heir unto the uncle, & not heir unto the son, for that, that he cometh unto the land by collateral descent, & not by linial ascension.  
And in such case where the son purchaseth land in fee simple, & dieth without issue, they of his blood on the father's side shall inherit as heir unto him, before any of the blood of the mother's side. But if he have none heir on the father's side, than shall the land descend unto his heir on the mother's side. And this is the opinion of all the justices. M. 12. E. 4. fol. 14. But there it was holden if any land descend unto a man by the father's side which dieth without issue, that his next heir on the father's side shall inherit unto him, that is to say the next of blood of the father of the grand father's side. And for default of such an heir they that be of the father's blood of the part of the mothers, of the father (that is to say) the grandmother aught to inherit. And if there be no such heir on the father's side, than the lord shall have the land by escheat. And so it is if a man take a wife inherit in fee simple, which hath issue a son & dieth, & the son entereth into the tenements as son & heir unto his mother, & after dieth without issue, the heirs on the mother's side aught to inherit the tenements, & not the heirs on the father's side.  
And if there be none heirs on the mother side than the lord of whom the same land is holden, shall have the same sand by escheat. In the same manner it is if lands descend unto the son on the fatherside, & entereth & after dieth without issue, the land shall descend unto the heirs on the father's side, & not unto the heirs on the mother side. And if there be none heirs on the father side, than the lord of whom the land is held shall have the same land by escheat. And so ye may see the diversity, where the son purchaseth lands in fee simple, & where he cometh into those lands or tenements by descent on the father side or on the mother side.  
Also if there be three brethren, & the middle brother purchaseth land in fee simple & dieth without issue the elder brother shall have the land by descent & not the younger. Also if there be. 3. brethren, & the youngest brother purchaseth land in fee simple & dieth without issue the elder brother shall have the land by descent, & not the middle brother, for that that the elder brother is more worthy of blood.  
¶ And it is to be understand that no man shall have land in fee simple by descent as heir unto any man, but that he be his heir of the hole blood. For if a man have issue 2. suns, by. 2. ventres & the elder purchaseth land in fee simple and dieth without issue, the younger brother shall not have the land but the uncle of the elder brother or some other his nigh cousin shall have it, for that, that the younger is but of the half blood to the elder brother. And if a man have a son and a daughter by one ventre, and a son by another ventre, and the son by the first ventre purchaseth land in fee simple and dieth without issue, the lister shall have the land by discente as heir unto her brother and not the younger brother, for that that the sister is of the whole blood to her elder brother.  
And also where a man is seized of land in fee simple, and he hath issue a some and a daughter by one ventre and a son by another ventre and dieth, and the elder son entereth and dieth without issue, the daughter shall have the land and not the younger son, and yet is the younger son heir unto his father and nothis brother. But if the elder son enter not into the land after the death of his father, but dieth before enter made by him, than the younger brother may enter and have the land as heir unto his father. But where the elder son in the case aforesaid entereth after the death of his father and thereof hath possession, than the sister shall have the land. Quia possessio fratris de feodo simplici facit sororem esse heredem. For the possession of the brother in fee simple maketh the sister to be heir.  
But if there be two brethren by divers ventres, and the elder is seized in fee simple and dieth without issue and his uncle entereth as heir unto him, which also dieth without issue, than the younger brother may have the land as heir unto his uncle, because he is of the whole blood to him though he be but of half blood unto his elder brother.  
And it is to understand that this word inheritance, is not only understand where a man hath lands or tenements by descent of heritage. But also every fee simple or fee tails that a man hath by his purchase, may be said inheritance, for that, that his heirs may inherit him. For in a writ of right that a man bringeth of land, that was of his own purchase, the writ shall say: Quam clamat esse ius & here ditatem suam. That is to say, which he claimeth to be his right and his inheritance. And so it shall be said in divers other writes which a man or a woman bringeth of their own purchase, as it appeareth by the register.  
And of such things as a man may have a manuel occupation, possession, or rescent as of lands, tenements, rents, and such other, a man shall say in his pleading and in way of bar, that one such was seized in his demesn as of fee. But of such things that lie not in manuel occupation. etc. as of avowson of a church, and such manner thing, there he shall say that he was seized as of fee. and not in his demesne as of fee. And in latin it is in the same case said. Quod talis fuit seis●…us in dominico suo ut in feodo, that is to say, that such one was seized in his demean as of fee, and in that other, Quod talis fuit seisitus etc. ●t de feodo that is to say that one such was seized as of fee.  
And note well that a man may not have a more large ne greater estate of inheritance than fee simple.  
Also purchase is called the possession of lands or tenements that a man hath by his deed or by his agreement, unto which possession he cometh not by descent of any of his ancestors or of his cousins, but by his own deed.   

¶ Fee tail.  
Tenant in fee tail is by force of the statute of Westminster the second. Capi. primo for at the common law before the said statute, all inheritance were fee simple for all the gyfies which been specified within the same statute, were fee simple conditionally, as it appeareth by the rehearsal of the statute. And now by the same statute tenant in the tail is said in two manners, that is to say, tenant in tail general, & tenant en tail special.  
Tenant in tail general, is where lands or tenements be given to a man and to his heirs of his body begotten. In this case it is said general tail, fo● that that whatsoever woman that the tenant taketh unto wife, if he have many wives, and by each of them hath issue, yet each one of these issues by possibility may inherit the tenements by force of the said gift, because that every such issue is of his body engendered.  
In the same manner is where lands and tenements be given to a woman and to the heirs coming out of her body how be it that she have many husbands, yet the issue that she may have by each husband may inherit as issue in the tail by force of such gifts. And therefore such gifts been called general tail.  
Tenant in tail special, is where landed and tenements he given unto a man and his wife and the heirs of their two bodies begotten. In such case none may inherit by force of such gift, but those that be engendered between them two and it is called especial tail for that if the wife die, & he taketh another wife and hath issue the issue of the second wife shall never inherit by force of such gift. Nor also the issue of the second husband if the first husband dye.  
In the same manner it is where lands and tenements be given by a man unto another with a wife, which is the daughter or cousin to the giver in frank marriage. which gift hath inheritance by these words frank marriage unto it annexed, howbeit that they be not expressy said or rehearsed in the gift, that is for to say that these donees shall have these lands or tenements to them and to their heirs between them two engendered, & this is said especial tail for that the issue of the second wife may not inherit.  
And note well that this word tallyare is to say to set unto some certainty or else limit unto some certain inheritance. And for that, that it is limit & set in certain, what issue shall inherit by force of such gifts, and how long that the inheritance shall endure: Therefore it is called in latin feodum talliatum i hereditas in quadam certitudine limitata. For if tenant in general tail die without issue the donor or his heirs shall inherit as in their reversion. In the same wise is of the tenant in the tail special. etc. For in every gift of the tail without more saying, the reversion of fee simple is in the donor.  
And the donees and their heirs shall do to the donor and to his heirs, such services as the donor doth unto his lord next above. Except the donees in frank Marriage, which shall hold quietly from every manner service (but if it be for fealty) until the fourth degree be pass. And after that the fourth degree is past, the issue in the fifth degree and so forth the other issues after him, shall hold of the donor & of his heirs, as they hold over as is aforesaid.  
And the degrees in frank marriage shallbe accounted in such manner, that is to say, from the donor to the donees in frank marriage the first degree, for that, that the wife that is one of the donees aught to be daughter sister or other cousin to the donor. And from the donees unto their issue shallbe accounted the second degree. And from their issue unto their issue, the third degree and so forth. etc.  
And the cause is, for that after every such gift, the issues that come of the donor, and the issues that come of the donees after the fourth degree paste, of both parties in such form to be accounted, may betwixt them by the law of holy church intermarye. And that the donee in frank marriage shall be the first degree of the four degrees a man may see in a plea upon a write of right of ward. Anno 31. E. 3. where the plaintiff pleaded, that his ail or grandfather was seized of certain lands etc. And that he held of another by knight service. etc. which gave the land unto one Ralph Holande with his sister in frank marriage. etc. And all these tails before said be specified in the said statute of westminster the second.  
Also there be divers other estates in the tail, howbeit that they be not specified by express words in the said statute, but they betaken by the equity of the statute, as if lands be given unto a man & to his heirs males of his body engendered. In such case his heir male shall inherit, and the issue female shall never inherit, yet in these other tails aforesaid it is otherwise. In the same manner it is if lands be given to a man and to heirs females of his body engendered. In this case his issue females shall inherit by force & form of the said gift & not the issue male, for that in such cases where the gift is, who aught to inherit and who not, the will of the donor shallbe observed. And in the case where lands be given to a man & to his heir males issuing of his body, & he hath issue two sons and deceaseth the elder son entereth as heir male and hath issue a daughter and deceaseth, his brother shall have the land and not the daughter, for that the brother is heir male. But it shall be other wise in these other tarries aforesaid, which been especifyed in the said statute, the daughter shall inherit before the brother.  
Also if land be given unto a man, and to his heirs males of his body engendered and he hath issue a daughter, which hath issue a son and deceaseth and after that the donor deceaseth: in this case the son of the daughter shall not inherit by force of the tail, for that whosoever shall inherit by force of a gift in the tail made unto his heirs males behoveth to convey his descent always by the males. M. 18. E. 3. folio. 45. But in such case the donor shall enter for that the donee is dead without issue male in the law. In so much that the issue of the daughter may not convey to him the descent of heir male. And in the same manner is it where lands be given to a man and to his wife & to his heirs males of their two bodies engendered etc.  
Also if tenements be given to a man and his wife▪ and to the heirs of the body of the man engendered, in this case the husband hath estate in the general tail and the wife but estate for term of life.  
Also if lands be given to the husband and to the wife, and to the heirs of the husband which he engendereth of the body of the wife. In this case the husband hath estate in the special tail, and the wife but for term of life.  
And if the gift be made to the husband and to the wife, and to the heirs of the wife of her body by the husband engendered, than the wise hath estate in the special tail, and the husband but for term of life. But if lands be given to the husband and the wife, and to the heirs that the husband iugendreth on the body of the wife. In this case both have estate in the tail for that this word (heirs) is not limited no more to the one than to the other.  
Also if lands be given to a man and his heirs that he engendereth on the body of his wife in this case the husband hath estate in the tail special, and the wife nothing.  
Also if a man have issue a son, and deceaseth, and the land is given to the son, and to the heir of the body of his father engendered, this is a good tail, and yet the father was dead at the time of the gift.  
Also there be many other estates in the tail by the equetie of the said statute that be not specified here. But if a man give lands or tenements to another to have and to hold to him and to his heirs males, or to his heirs femalez, he to whom such gift is made hath fee simple, for that that it is not limited by the gift of what body the issue male or female shallbe, and so it may not in any thing be taken by the equity of the said statute, and therefore he hath fee simple.   

¶ Tenant en tail after possibility of issue extinct.  
TEnant in the tail after possibility of the issue extinct, is where as lands or tenements be given unto a man and his wife in special tail, if one of them decease without issue, he that surviveth is tenant in the tail after possibility of issue extinct. And if they have issue during the life of the issue, he that surviveth shall not be said tenant in the tail after possibility of issue extinct. Yet if the issue decease without issue, so that there be none alive that may inherit by force of the tail, than he that surviveth of the donees is tenant in the tail after possibility of issue extinct.  
Also if lands be given to a man and to his heirs that be engendered on the body of his wife. In this case the wife hath naught in the tenements, and the house band is seized as donee in special tail. And in this case if the wife decease without issue of her body engendered by her husband, than the husband is tenant in the tail after possibility of issue extinct.  
And note well that none may be tenant in the tail after possibility of issue extinct, but one of the donees or the donee in special tail, for the donee in general tail may never be said tenant in the tail after possibility of issue extinct, for that always during his life, he may by possibility have issue that may inherit by force of the same tail. And so in the same man the issue that is heir unto the donees in a special tail may not be said tenant in tail after possibility. etc. causa qua supra.  
Also tenant in tail after possibility of issue extinct, shall never be punished of waist, for the inheritance that once was in him. Anno. 10 H. 6. fol. 1. But he in the reversion may entre, if he doth alien in fee. An. 45. E. 3. fo. 22.   

¶ Tenant by the courtesy of England.  
Tenant by the courtesy of England, is where a man taketh a wife seized in fee simple, or of fee tail general, or as heir in the tail special, and hath issue by the same wife male or female. The issue after being dead or alive if the wife decease, the husband shall hold the land during his life by the law of England, and this is called tenant by the courtesy for that it is not used in none other realm but only in England. And some say that it shall not be said tenant by the courtesy, but if that child that he hath by his wife be hard cry, for by the cry is the proof that the child that he had by his wife was horn.   

¶ Tenant in dower.  
TEnant in dower is where a man is seized of certain lands or tenements in fee simple, or in tail general or as heir in the ●a● special and taketh a wife and deceaseth the wife after the decease of her husband shall be endowed of the third part of such lands or tenements that were her husbands in any time during the coverture, to have and to hold to the same wife in severalty by mete● and bounds for term of her life, whether she have by her husband issue or none, and of what age that the wife be, so that she pass the age of nine year at the time of her husband's death or else she shall not be endowed. And note well that by the common law the wife shall not have for her dower but third part of the tenements, which were her husbands during the espousals. By custom of some country she shall have the half, and by custom of some town or borough she shall have the whole, and i● all these cases she shall be said tenant in dower.  
¶ Also there is two other manner of dowers, that is to say, dower called dowment in the church door and dower called dowment by the father's assent. Dowement at the church door is, where a man of full age is seized in fee simple which shall be wedded unto a wife, when he cometh unto the church door, and there after affiance, and truth plight made between them, endoweth his wife of his whole land, or of the half or less parcel, & there openly declare the quantity and the certain of his land that she shall have for her dower. In this case the wife after the death of her husband shall enter into the said quantity of land, of which her husband endowed her without the assignment of any man. Downement by the father's assent, is where the father is seized of tenements in fee, and his son and heir apparent when he is wedded, indoweth his wife at the church door of parcel of the lands or tenements of his fathers of th'assent of his father, and assigneth the quantity of the parcels. In this case after the death of the son, the wife shall enter in the same parcel without the assignment of any other. But it hath been said in this case that it behoveth the wife to have a deed of the father, proving his assent and consent of such indowement. And if after the deaths of the husband she enter and agreed to any such dower of the said two dowers at the church door, than she is concluded to claim any other Dower by the common law of any lands or tenements, which were of her said husband. But if she will she may refuse such Dower at the Church door, & than she may be endowed after the course of the common law. And note well that no wife shall be endowed of the father's assent in the form aforefayde, save where the husband is son and heir apparent to his father.  
¶ Inquere in these two cases of Endowment at the Church door if the wife at the time of the death of her husband, pass not the age of .9. years, if she shall have such Dower or no.  
¶ And note well, that in all cases where the certainty appeareth what lands or tenements the wife shall have for her Dower, the wife may enter after the death of her husband without assignment of any other. But where the certain appeareth not, as to be endowed of the third part to have in several, or to be endowed of the half after the custom to hold in severalty. In such cases it behoveth that her Dower be unto her assigned after the death of her husband, because it is not limit before the assygnement what part of land or tenements she shall have for her Dower. But if there be two jointenants of certain lands in fee, and the one alyeneth that, that to him pertaineth and belongeth, to another in fee, which taketh a wife and after dieth. In this case the wife for her Dower shall have the third part of the half that her husband purchased, to hold in common and occupy in common as her part amounteth with the heir of her husband, and with the other jointenant which aliened not, for that in such case her dower may be assigned by meats and bounds.  
¶ And it is to understand, that the wife shall not be endowed of lands or tenements that her husband jointly held with another at the time of his death. But where he holdeth in common otherwise it is, as in the case aforesaid. And it is to wit that if the tenant in tail endow his wife at the church door as it is aforesaid that shall serve for little or nought to the wife for that the after the death of her husband the issue in the tail may entre upon the possession of the wife, & so may he in the reveren if there be none issue in the tail alive.  
¶ Also if a man seized in fee simple being within age endow his wife at the church door, and dieth, and the wife entereth. In this case the heir of the husband may put her out. But otherwise it is as it seemeth where the father is seized in fee, and the son within age endow his wife of his father's assent, the father than being of full age.  
¶ Also there is another Dower which is called Dowement de la pius beale. And that is as in such case that a man is seized of xl acres of land, and he holdeth twenty of the said xl acres of one man by knights service, and the other twenty acres of an other in socage, & taketh a wife, and hath issue a son, and dieth his son being within the age of .14. years and the lord of whom the land is holden by knights service entereth into the twenty acres of land holden of him, and them hath and occupieth as warden in chinalrye during the child's nonage, and the child's mother entereth in the remnant, and it occupieth as garden or warden in Socage. If in this case the wife bring a writ of Dower against the warden in chivaltye to be endowed of the tenements holden by knights service in the kings court or in any other court, the warden in chivalry may plead in such case all the matter, and show how the wife is warden in socage as it is aforesaid, and prayed that it may be adjudged by the court that the wife endow herself of the most fair called plum beale of the tenements that she hath as warden in socage after the value of the third part that she claimeth to have of the tenements in chivalry by her writ of Dower, and if the wife may not gainsay it, than the judgement shallbe made that the warden in chivalry shall hold the lands holden of him during the nonage of the child quite from the woman etc. And that the woman may endow herself of the most fair part of the lands that she hath, as warden in socage to the valour of the third part that the warden in chivalry hath▪ etc. And after such judgement given, the wife may take her neighbours, and in their presence endow herself by meats and bounds of the fairest part of the tenements that she hath as warden in socage to the valour of the third part of the lands that the warden in chivalry hath, and that to have & hold for term of her life. And such dower is called dower of the fairest part or de plus beale.  
¶ with this agreeth. P. xlv. E. iii fol. 4. But there it was said, that after the time that the heir come to his full age, the wife shall have a new action of dower against the heir to be endowed of the third part of all that the man died seized And note well that such dowment may not be, but where the judgement is given in the kings court, or in some other court. And the wife may do this for salvation of the state of the warden in chivalry during the nonage of the child. And so ye may see five manner of dowers, that is to say dowment by the common law, dower by custom, dower at the church door, dower of the father's assent and dower of the most fair. And remember that in every case where a man taketh a wife seized of such estate of tenements etc. so that the issue that he hath by his wife may by possibility inherit the same tenements of such estate that the wife hath, as heir to the wife: In such case after the wife is dead, he shall have the same tenements by the courtesy of England, and otherwise not.  
¶ And also in every case where the wife taketh an husband seized of such estate of tenements. etc. so that by possibility it may hap the wife to have some issue by her husband, & that the same issue may by possibility inherit the same tenements of such estate that the husband had, as heir to his father, of such tenements she shall have her dower, and otherwise not. For if the tenements be given unto a man & to the heirs that he geatteth on his wife's body, in such case the wife hath nought in the tenements. And the husband hath estate but as done in special tail. Yet if the husband die without issue, the same wife shall be endowed of the same tenntꝭ, for that the issue that she by possibility might have had by the same husband, may inherit the same tenements. But if the wife decease living the husband, & after taketh another wife, the second wife shall not be endowed in this case, Causa qua supra.  
¶ A man was seized of certain lands, and took a wife, and after aliened the same lands with warranty, and after the feoffor and feoffre died, and the wife of the feoffor bringeth an action of dower against the issue of the feoffee, and he vouched the heir of the feoffor, and during the voucher and not termined, the wife of the feoff bringeth an action of dower against the heir of the feoff, and demandeth the third part of all that her husband was seized, and would not demand the third part of those two parties that her husband was seized it was judged that she should have no judgement until the time that the other plea were determined. And also note that Vavasour sayeth, that if a man be seized of lands and committeth felony, and alieneth, and after is attainted, the wife shall have good action of dower against the feoffee. But if it be escheated unto the king, or unto the Lord, she shall have no writ of dower. And so see the diversity, and inquire the cause.   

¶ Tenant for term of life.  
TEnant for term of life, is where a man letteth lands or tenements to a man for term of life of the lessee, or for term of life for an other man. In such case the lessee is tenant for term of life. But by common language he that holdeth for term of his own life, is called tenant for term of life, and he that holdeth for term● of another man's life, is called tenant for term of another man's life. And it is to be understand, that there is feoffor and feoff, donor and donee, lessor and less. The feoffor is properly where a man enfeoffeth another in any lands or tenements in fee simple, he that maketh the f●ffmēt is called feoffor, & he unto whom the feoffment is made, is called feoffee, and the donoure is properly where a man giveth certain lands or tenements to another in the tail, he that maketh the gift is called donor, and he to whom the gift is made is called donee. And lessor is properly where a man letteth to an other certain lands or tenements for term of life, for term of years, or to hold at will, he that maketh the leas is called lessor, and he to whom the leas is made is called lessee, and every one that hath estate in lands or tenements for term of his own life, or for term of an other man's life, is called tenant of free hold. And none of less estate may have free hold but they of greater estate may have free hold, for tenant in fee simple hath free hold: and tenant in the tail hath also free hold.   

¶ Tenant for term of years. Cap. 7.  
TEnant for term of years is, where a man letteth lands or tenements to an other for term of certain years after the number of years that is accorded between the lessor and the less, and when the lessee entereth by force of the leas, than is he tenant for term of years and if the lessor in such case reserve to him a yearly rend upon such lees. he may choose for to distrain for the rent in the tenements let, or else he may take an action of det for the arrearages against the lessee. But in such case it behoveth that the lessor be seized in the same tenements at the time of his lease for it is a good plea for the lessee to say that the lessor had nothing in the tenements at the time of the leas except the lease be made by deed indented in which case than such ple lieth not for the lessee to plead.  
¶ And it is to understand that in a lease for term of years by deed or without deed, it needeth no liver of seisin to be made to the less, but he may enter whensoever he will by force of the same lease. But of feoffementes made in the country or gifts in the tail, or leases for tme of life. In such cases where free hold shall pass if it be by deed or without deed, it behoveth to have livery of seisin etc. But if a man let lands or tenements by deed or without deed for term of years, the remainder over to an other for term of life, or in the tail or in fee than in such case it behoveth that the lessor make liver of seisin to the less for tme of years or else there shall nothing pass to them in the remainder, though the less enter in the tenements. And if the farmer in such case enter before any such livere of seisin made unto him than is the free hold and the reversion in the lessor. But if he make any liver of seisin unto the lessee, than it is free hold with the fee of them in the remainder after the form of the grant and will of the lessor.  
¶ And if a man will make a feoffment by deed or without deed of lands or tenements that he hath in more towns than in one in one shire, if the liver of seisin be made in one parcel of the tnntꝭ in one town in the name of all it sufficeth for all the other lands or tenements comphended in the same feoffment in all other towns in the same shire. But if a man make a deed of feoffment of lands or tenntꝭ in divers shires, there it behoveth him to have in every shire a liver of seisin. And in such case a man shall have by the grant of another fee simple, fee tail, or free hold without liver of seisin. And if ii men be & each of them is seized of a quantity of land within one shire, & the one granteth his land to the other in exchange for the land that the other hath, & in the same manner the other granteth his land unto the first grant our in exchange for the land that the first grant our hath. In this case each may enter in the other lands so taken in exchange wihoute any liver of seisin. And such exchange made by words of tenements within the same shire without any writing is good enough. And if the lands or tenements be in diverse shires that is to say, if that the one have in one shire, & the other hath in an other shire, it behoveth to have a deed indented made between them of such exchange.  
¶ And note that in exchange it behoveth that the estates that both parties have in the lands so exchanged be equal. For if the one willeth and granteth that the other shall have his land in the tail, for the land that he hath of the grant of the other in fee simple, though the other is agreed to that, yet this exchange is but void, for that the estates be not even.  
¶ In the same manner it is where it is granted and agreed between them that the one shall have in the one land fee tail, & the other shall have in the other land but term of life. Or if one shall have in the one land fee tail general, and the other in the other land fee tail especial. So always it behoveth that in exchange the estate of both parties be even, that is to say if that one have fee simple in that one land, that the other shall have such estate in the other land and if the one hath fee tail in the one land, than the other shall have likewise in the other land. Et sic de alus statibus. But it is nothing to charge of the even value of the lands, for though that the land of that one is so much more in value, than the land of the other, this is nothing to purpose, so that the estates made by the exchange be even, and so in exchange by two grants, for ever part grant each his land to the other in exchange, and in each of their grants mention shall be made of the exchange.  
¶ And if a man let land to another for term of years, though the lessor die before the lessee enter into the tenements, yet may he enter into the tenements after the death of the lessor, for that. that the lessee by force of the lease, hath right incontinent to have the tenements after the form of the lease. But if a man make a deed of feoffment unto another, & a letter of attorney to a man to deliver to him seisin by force of the same deed, yet if the liver of seisin be not made in the life of him that made the deed, it availeth not, for that the other hath no manner of right to have the tenements after the purport of the deed before the liver of seisin etc. And if no liver be made than after the death of him that made the deed the right of such tenements is continent in his heir or in some other. Also if tenements be let to a man for term of half a year, or for term of a quarter of a year etc. In such case if the lessee make waste, the lessor shall have against him a writ of waste, and the writ shall say: Qui tenet ad terminum annorum. But he shall have a special declaration upon the troth of this matter, and the plea shall not abate the writ for that, that he may have no otherwrit upon the matc. Anno. 7. H. 7. fol. 1.   

¶ Tenant at william. Ca 8.  
Tenant at will is, where lands or tenements be let by a man unto an other, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession. In such case the less is called tenant at will, for that he hath no certain sure estate for the lessor, may put him out at what time it pleaseth him, yet if the less sow the land and the lessor after the sowing and before that his grains be ripe putteth him out yet shall the less have his grains, & shall have free egress and regress to reap and to carry his grains, for that he witted not at what time his lessor would enter upon him. Otherwise it is if tenant for term of years before the end of his term soweth the land, and the term is ended before that his grains be ripe. In this case the lessor, or he in the reversion shall have the grains, for that the farmer knew well the certain of his term & when his term should be ended.  
¶ Also if an house be let to a man to hold at will, by force of which the less entereth into the house, within which house he bringeth his household sluffe, and after the lessor putteth him out, yet shall he have free entry, egress and regress in the same house by reasonable time to carry his goods and household stuff. And if a man be seized of a house in fee simple, fee tail, or for term of life, the which hath certain goods within the same house, and maketh his executors and disceiseth, whosoever after his death hath the house yet shall his executors have free entre, egress & regress to carry out of the house the goods of their testators by a reasonable time.  
¶ Also if a man make a deed of feoffment unto an other of certain land, and delivereth to him the deed but no livery of sesin. In this case he to whom the deed is made may enter into the land, and hold & occupy it at the will of him that made the deed for that, that is proved by the words of the deed, that it is his will that the other shall have the land. But he that made the deed, may put him out when he william.  
¶ Also if an house be let to hold at will, the lessee is not holden to sustain or repair the house, as tenant for term of years is holden to do. But if the lessee at will make voluntary waist, as in pulling down of houses, or in cutting or felling of trees: It is said that the tessour shall have for that against him an action of trespass. As if I deliver to a man my sheep to dung or marvel his land, or mine oxen t● ear his land, & he slayeth my beasts, I ma● well have an action of trespass against him notwithstanding the deliver.  
¶ Also if the lessor upon such lease at will reserve unto him a yearly rent, he may dystreyn for the rent behind, or to have for tha● an action of Debt at his own choice. H. v● R. two. in Replevin.   

¶ Tenant by copy of court roll. Cap. 9  
tenant by copy of court roll, is as 〈◊〉 man be seized of a Manner within which Manner there is a custom, and hath been used time out of mind, that certain tenanted within the same manner have used to have lands or tenements to hold to them & to they● heirs in see simple or in fee tail, or for ●m● of life. etc. at the will of the lord, after the custom of the same manner. And such a tenanted may not alien the land by deed, for tha● the Lord may enter as in a thing forfeit to him. But if he will alien his land to an other, him behoveth after some custom to surrender the tenements in some court. etc. unto the lords hands to the use of him that shall have the estate in such form or to such effect. Ad hanc curiam venit. A. de. B. & sursum reddidit in eadem curia unum meswageum etc. in manus domini ad usum. E. de. A. et heredum suorum vel heredum de corpore suo exeunt vel pro termino vite sue etc. Et super hoc venit predictus E. de A. & cepit de domino in eadem curia meswagium predictum. etc. habendum & tenendum sibi & heredibus suis, vel sibi & heredibus de corpore suo exeuntibus, vel sibi, ad terminum vite sue, ad voluntatem domini secundum consuetudinem manerii, faciend, & reddendum inde reddit, debit, seruicia, consuetudines inde prius debitas, & de iure consuetas, & dat domino de fine etc. Et fecit domino fidelitatem etc. That is to say A. of B. cometh unto this court, and surrendereth in the same court a mese. etc. into the hands of the Lord, to the use of E. of. A. and his heirs, or to the heirs, issuing of his body, or for term of life etc. And upon that, cometh the foresaid E. of. A. and taketh of the Lord of the same court the foresaid mese. etc. to have and to hold to him and to his heirs, or to him & to his heirs issuing of his body, or to him for tme of life at the lords will after custom of the manner, to do & yield therefore rents, debts, services, and customs thereof before dew and accustomed. etc. & giveth the Lord for a fine. etc. and maketh unto the lord his fealty. etc. And such tenants been called tenants by Copy of court roll for that they have none other evidence concerning their tenements, but the copies of the court rolls, and such tenants shall no● implead nor be impleaded of their tenements by the kings writ but if they will implead other for their tenements they shall have a play● made in the court of the lord in such form or to such effect. A. de. B. queritur versus C. d● D. de placito terre, videlicet de uno meswagio quadr● ginta acris terre quatuor acris pr●ti. etc. cum pertinenci●s. Et facit protestacionem se qui querelam istam in natura breui● domini Regis assise mortis antecessoris a● communem legem, vel brevis domini regi● assize none dysseisine ad communem legem That is to say. A. of B. complaineth against C. of D. of a plea of land, that is for to say● of a mese. and xl acres of land, four acre's meadow. etc. with the appurtenances and maketh protestation to sue his plaint in nature of the kings writ of assize of the death of his antecessor at the common law, or by writ t● of our sovereign lord the king of assize of noue● disseisin at the common law, or in nature o● some other writ etc. pledges and process. F● G. And though that some such tenants have inheritance after the custom and manner, ye● they have none estate but at the lords will, & after the course of the common law, for it is said if the lord put them out, they have none other remedy but to sue unto the lord by petition. For if they had any other remedy, they should not be said tenants at the Lords will, after the custom of the manner, but the lord will not break the custom that is reasonable in such cases. But Brian chief justice saith, that his opinion always hath been and always shallbe, if such a tenant by custom (paying his services) be cast out by the lord he shall have an action of Trespass against him. H. 21. E. 4. And likewise was the opinion of Danby chief justice. M. 7. E. 4. for he saith that the tenant by the custom is aswell inherit to have his land after the custom aswell as he that hath franktenement by the common law.  
tenants by the yard, be in such nature as tenants by copy of court roll. But the cause for which they be called tenants by the rod or yard, is for that when they will surrender their tenements into the lords hand to the use of another, they shall have a little yard or rod, by the custom & use of their hands which they shall deliver unto the Steward or bailiff, after the custom and use of the manner. And he that shall have the land shall take the same land in the court, and his taking shallbe entered in the roll And the steward or the bailiff according to to the custom shall deliver unto him that taketh the land the same yard or another yard in the name of seisin. And for this cause they be called tenants by the yard. But they have none other evidence but copy of the counrolle.  
¶ And also in divers lordships and manners there is such custom, if such a tenant that holdeth by the custom will alien his lands or tenements, he may surrendre his lands unto the bailiff or to the reave, or to two sad men of the same Lordship, to the use of him that shall have the land, to have in 〈◊〉 simple, fee tail, or for term of life. etc. and all that shall they present at the next court. And than he the shall have the land by copy of court roll, shall have the same land after the intent of the surrendre. And so it is to weet that in divers lordships and divers manners there be made divers customs in such case, as to take tenants and as to plead and as touching other things and customs to be done and all that that is not against reason may well be admitted and allowed. And such tenants that hold after the custom of a signory or after the custom of a manner though they have estate of inheritance after the custom of the lordship or of the manner, yet because they have not any freehold by the court of the common law, they be called tenants by base tenure.  
¶ And divers diversities there be between a tenant at will which is in by the lessee of his lessor by the course of the common law, and tenant after the custom and manner in the form aforesaid. For tenant at will after the custom may have estate of inheritance as it is aforesaid at the lords will after the custom & usage of the manner. But if a man have lands or tenements which be not within such manner or lordship where such custom hath been used in the form aforesaid, and will let such lands or tenements to another, to have and to hold to him and to his heirs at the will of his lessor these words to the heirs of the less, be void for this is the cause if the lessee die, and his heir entereth the lessor shall have a good action of trespass against him, but not so against the heir of the tenant by the custom etc. in any case for that the custom of the manner in some case may help him to bar his lord in any action of trespass.  
¶ Also tenant by the custom in some places aught to repair and sustain the houses and the other tenant at will aught not. Also one by the custom shall do fealty and the other not. And divers other diversities there be between them.   
¶ Thus endeth the first Book.   

Homage.  

HOmage is the most honourable service and most humble service of reverence, that a franktenaunt may do to his lord. For when the tenant shall make homage to his lord he shall descend and his head uncovered, & his lord shall sit, and the tenant shall kneel before him on both his knees, & hold his hands jointly together between the hands of his lord, and shall say thus. I be come your man from this day forward of life and limb & of earthly worship and unto you shall be true & faithful, and bear you faith of the tenements that I claim to hold of you saving the faith that I own unto our sovereign lord the king. And when the Lord so sitting shall kiss him.  
But if an Abbot or a prior or any other man of religion shall make homage unto his lord he shall not say. I become your manne● for that he hath professed himself only to be gods man. But he shall say thus, I do you homage and unto you shall be true & faithful, and bear you faith for the tenements that I claim to hold of you. Saving the faith that I own unto our sovereign Lord the king.  
¶ Also if a woman sole shall make homage unto her Lord. She shall not say I become your woman. For that is not convenient for a woman to say that she shall become the woman to any but only to her husband when she is wedded. But she shall say I make unto you homage, and to you shall be true and faithful and shall bear you faith of the tenements that I hold of you, saving the faith that I own unto our sovereign Lord the king.  
¶ But if a man have several tenancies which he holdeth of several lords, that is to say every tenancy by homage. Than when he maketh homage unto one of his Lords he shall say in the end of his homage. Saving the faith that I own unto the king and unto my other lords.  
¶ And note well that none make homage but such as hath estate in fee simple or in fee tail in his own right or in another man's right. For it is a ground in the law, that he that hath estate but for term of life, shall make none homage nor take none homage.  
For if a woman have lands or tenements in fee simple or in fee tail which she holdeth of her Lord by homage and taketh an husband and hath issue, than the husband in the life of the wife shall make homage, for that he hath title to have the land by the courtesy if he survive his wife. And also he holdeth in the right of his wife. But afore issue between them, the homage shall be made in both their names. But if the wife decease before homage made by the husband in the wives life, and the husband holdeth himself in as tenant by the courtesy he shall make no homage unto his lord, for that he hath than none estate but for term of life. Moore shallbe said of homage in the tenure of homage auncestrel.   

¶ Fealty. Cap. 2.  
Fealty is as much to say as fidelitas in latin, and when a franktenaunt shall make fealty unto the Lord he shall hold his right hand upon a book and shall say thus.  
¶ Hear you this my lord, that I unto you shallbe faithful and true, & bear you faith of the lands or tenements that I claim to hold of you, and truly to you shall do the customs and services that I aught to do unto you at terms assigned, as god me help and all his saints, & than he kisseth the book▪ But he shall not kneel when he maketh his fealty, nor shall make such humble reverence as is aforesaid in homage. And great diversity there is had between making of fealty 〈◊〉 of homage. For homage may not be made but to the lord himself. But the Steward of the lords court or the bailiff may take fealty of the lord.  
¶ Also tenant for term of life shall make fealty, and yet he shall make none homage 〈◊〉 divers other diversities there be between homage, and fealty.  
¶ Also a man may see a good note Anno. 15. E. 3. where and how a man and his wife made homage and fealty in the common bank, which is written in such form. Note that john Lewkenor and Elizabeth his wife made homage unto william Thorpe in this manner. The one and the other held jointly their hands between the hands of willyam Thorpe, and the husband said in this wife. we unto you make homage and bear you faith for the lands that we hold of A. your Conusour which hath granted you our services in B. and in C. and the other towns. etc. against all men, saving the faith that we own unto our sovereign lord the King and to his heirs and to our other lords, and the one and the other kissed him. And after they made fealty, and the one and the other held their hands together, upon a book, and the husband said the words and both kissed the book. Moore shall be said of fealty in the tenure of Socage and in the tenure of frank almoyne, and in the tenure of homage Auncestrell.   

¶ Escuage.  
EScuage is called in latin Scutagium, that is to say service of shield. And such a tenant that holdeth his land by escuage, holdeth by knights service. And also it is commonly said that some hold by a fe of knights service and some by the half fee of knights service. etc. And it is said that when the king maketh a voyage rotal into Scotland for to subdue the Scots he that holdeth by a fee of knights service, behoveth to be with the king by xl days well and covenably arrayed for the war. And likewise he that holdeth his land by the half of a fee by knights service, aught to be with the king by twenty days. And he that holdeth his land by the fourth part of a fe by knights service, him behoveth to be with the king by x. days. And so after the quantity, he that hath more to do more and he that hath less to do less. But it appeareth by the pleas and arguments made in a good plea upon a write of Detenue of an obligation brought by one Harry Grace. Anno. 7. E. 3. That it needeth not to hem that holdeth by escuage to go himself if he will find an able parson for the war covenably arrayed for the war to go with the king, and that seemeth good reason. For it may be that he that holdeth by such service is sick in such wise, that may not go nor ride.  
¶ And also an Abbot or any other man of religion or a woman sole that holdeth by such service, aught not in such case to go in proper parson. And sir william Herle that time chief justice of the common place said in the said plea that escuage shall not be granted but where the king himself goeth in proper parson. And so it abode in judgement in the same plea if these xl days shallbe accounted from the day of the muster of the kings host made by the commons and by the kings commandment. Or else from the day that the king first entereth into Scotland. etc. therefore inquire of this matter.  
¶ And after such voyage into Scotland it is commonly said, that by the authority of parliament the escuage shall be set and put in certain, that is for to say a certain some of money, how much every that holdeth by a whole fee of knights service which was not in his own proper parson, nor none other with him with the king shall pay unto the Lord of whom he holdeth his land by escuage. As put case that it was ordained by authority of parliament that every that holdeth by a whole fee by knight service which was not with the king, shall pay to his lord xl s. Than he that holdeth by the half of a fee by knights service shall pay unto his lord but xx. s. and so who more more, and who less less. And some tenants hold that if escuage run by authority of parliament to any sum of money that they shall pay but the half of that some & sum but the fourth part of that some. But because the escuage that they shall pay is not certain for that it is at no certain what the parliament will assess the escuage they hold by knights service. But otherwise it is of escuage certain of which shallbe spoken of in the tenure of socage.  
¶ And if a man speak generally of escuage it shall be understand by the common speech of escuage not certain which is knights service. And such escuage draweth unto him homage, and homage draweth unto him fealty, for fealty is incident to every manner of service, but to the tenure of frank almoygne as it shallbe said hereafter in tenure of frank almoygne. So as he that holdeth by escuage holdeth by homage, fealty, and escuage.  
¶ And it is to be understand that when escuage is so sessed by authority of parliament every lord of whom the land is, holden by escuage shall have the escuage so sessed by the parliament because it is understand by the law that at the beginning such tenements were given by the lords to hold by such services to defend their lords as well as the king and to set in quiet and rest their lords and the king of the Scots aforesaid. And for that such tenements came first of the Lords, it is reason that they have the escuage of their tenements.  
¶ And the lords in such case may distrei●… for the escuage so assesed or they may have the kings writs direct unto the Sheriffs of the Shires to levy such escuage for them a● it appeareth by the register. Fol. 88  
¶ But of such tenants that hold of the king by escuage which were not with the ki●… in Scotland, the king himself shall have the escuage.  
¶ Item in such case aforesaid, where the king maketh a voyage royal into Scotland, and the escuage is assessed by the parliament, if the lord distrain his tenant that holdeth of him by service of a whole knights fee for the escuage so assessed. etc. And the tenant pleadeth and will aver that he was with the king in Scotland. etc. by xi days, and the lord will aver the contrary, it is said that it shall be tried by the certification of the constable of the kings host, in writing under his seal which shallbe sent to the justices.   

¶ Homage fealty, and escuage.  
TEnure by homage, fealty and escuage, is to hold by knights service & it draweth unto him ward, marriage, and relief. For when such a tenant dieth his heir male being with in age of xxi year, the lord shall have the land holden of him until the age of the heir of xxi. year, which is called plain or full age for that such an heir by the understanding of the law, is not able to do knights service before the age of xxi. year.  
¶ And also if such an heir be not married at the time of the death of his ancestor than the Lord shall have the ward and marriage of him. But if such a tenant die, his heir female being of the age of xiiii year or more than the Lord shall not have the ward neither of the land nor of the body, for that a woman of such age may have an husband able to do knights service. But if such an heir female be within the age of xiiii. year and not married at the time of the death of her ancestor, than the lord shall have the ward of the land holden of him till the age of such an heir female, of xvi year. For that it is given by the statute of westminster the first. cap. 22. that by two year next following the said xiii year, the Lord may tender a convenient marriage without dyperaging of such an heir female. And if the lord do not tender her such marriage within the said two year, than she at the end of the said two year may enter and put out the lord. But if such an heir female be married within the age of xiiii. year in the life of the ancestor, and the ancestor die she being within the age of xiiii. year the lord shall have but the ward of the land till a end of xiiii year of age of such an heir female. And than her husband and she may enter into the land and put out the lord, for this is out of the case of the statute. Insomuch that the lord can not tender marriage to her that is married. etc. For before the said statute of westmister the first such issue female that was within age of xiiii year at the time of the death of her ancestor, and after that she had accomplished the age of xiiii year without any tender of marriage to her by the Lord such an heir female than might enter into the land and put out the lord as it appeareth by the rehearsal & by the words of the same statute. So that the said statute was made in such case all for the advantage of the lord as it seemeth. But yet that at all times is understand by the words of the same statute, that the Lord shall not have the two year after the xiiii year as it is aforesaid.  
¶ And note well that the full age of heir male and female after the common speech, is said the age of xxi And the age of discretion is said the age of xiiii year for a child at such age which is wedded within such age to a woman may agreed to the marriage or disagree.  
¶ And if the warden in chivalry marry once his ward within the age of xiiii year, & after the age of xiiii year he disagreeth to the marriage. It is said by some folk that the child is not holden by the law to be married another time by his warden, for that the warden had once the marriage of him, and therefore he was out of his ward as concerning the ward of his body. And when he had once the marriage of him & therefore was out of his ward he shall no more have the marriage of him. In the same manner it is if the warden mary him and the wife die, the child being within age of xiiii year, or xxi years. And that the child may disagree to such marriage when he come to the age of xiiii year it is proved by the wards of the statute of Marton Cap. 6. that saith thus. De dominis qui maritaverint illos quos habent in custodia sua villanis & alijs sicut burgences ubi disparagentur, si tales homines furit infra. 14 annos et talis etatis ⁱ matrimonio ꝯsentire non possint, tunc si parentes illius conquerantu● dominis ille amittat custodiam illam visque ad etatem heredis. Et omne commodum ꝙ inde receptum fuerit convertatur in commodum heredis infra etatem exiunentis secundum dispositione● parentum propter dedecus et impositum. S● autem fuerit xiiii annorum et vitra qua consentire poterit, et tali maritagio consenserit nulla sequatur pena. And so it is proved by the same statute that no dysperage shallbe but where that he that hath the ward marrieth him within the age of xiiii year.  
¶ Also it hath been a question how these words should be understand. Si parent● conquerantur. etc. And it seemeth unto some that considering the statute of Magna ca● cap. vi. that willeth that heredes marite●… ablque disperagacione. etc. upon which this sa● statute of Marton upon this point is grounded as it seemeth and in so much that it wa● never se●e that any action was brought up the statute of Marton for such disparagy● against the warden, and if any action 〈◊〉 be taken upon such matter it shall be taken ● common presumption before this time, or ● some time to be put in ure, that these word shall be understand in such manner. Si parents conquerantur i Si parents inter se is mentantur, which is as much to say that 〈◊〉 the cousins of such a child have cause to make lamentation and complaint among them 〈◊〉 the shame done to their cousin so dysparag● which is in a manner a shame to them all, than may the next cousin to whom the heritage may not descend, enter and put out the warden in chivalry. And if he will not, another cousin of the child's may do it and he to take the issues and profits unto the use of the child ●nd of that yield the child account when he cometh unto his full age. Or else the child within age may enter himself and put out the ●ardeyn. etc. Sed quere de hoc.  
¶ Also there is many other divers disperarynges, which be not specified in the same estatute. As if the heir that is in ward be married unto one that hath but one foot, or one ●and or is deformed or lame, or having an honorable disease, or else a great and continual inyrmitie or if the heir male be married to a woman passed child bearing. And many o●her causes of disperaging there be, but inquire ●or them for it is good matter to learn. And ●f heirs males that be within age of xxi year, ●fter the death of their ancestors vnmary●…. In such case the lord shall have the marriage of such an heir, and have space & time ●o tender to him covenable marriage without ●ysperagyng within the same time of xxi ●ere.  
¶ And it is to wit that the heir in ●uche case may choose if he will be married or no. But if the Lord which is ●alled wardayne in chivalry tender a covenable Marriage to such an heir, within the age of xxi year without dysperaging and the heir refuse, and marry not himself within the same age. Than the said warden shall have the value of the marriage o● such an heir. But if such an heir male marry himself within the age of xxi year against the will of the warden in chivalry. Tha● shall the warden have double the value ●… that marriage by the force of the statute ● Marton aforesaid, as in the same statutes more fully comprised.  
¶ Also divers tenants hold of their lord by knights service, and yet they hold not●… escuage nor pay no escuage as they that ho●… their lands by castle ward that is to saye● keep a tower of a castle or a jail, or some other place by reasonable warning when th● lords here tell that enemies will come or ●come into England. And in many other case a man may hold by knights service, and y● he holdeth not by escuage nor payeth no es●age as shallbe said in the tenure of grant sergeauntie. But in all cases where a man holdeth by knights services such service draweth to the Lord ward and marriage. And if a tenant that holdeth of his lord 〈◊〉 service of an whole knights fee die, his h● being at full age of xxi year his heir shall if unto his lord. C. s. for a relief & he that holds by the half fee shall pay. i s.  
¶ Also if a man hold his land of his 〈◊〉 by the service of two knights fees than 〈◊〉 heir at full age at the time of the death of his ancestor, shall pay to his Lord ten ●i. for relief.  
¶ Also if there be grandfather, mother, and son, and the mother dieth living the father of the son, and after the grandfather which held his land by knights service dieth seized and the land descendeth to the son of the mother, as heir to the grandfather which is within age. In such case the lord shall have the ward of the land but not the ward of the heir. For that none shallbe in ward of his body living his father, because the father during his life, shall have the marriage of his heir apparent, and not the Lord. Otherwise it is if the father be dead living the mother, where the land holden in chivalry descendeth to the son on the father's side. etc.  
¶ Also if a man be seized of land which is holden by knights service, and maketh feoffment in fee to his use, and died seized to the use of his heir within age, & no will by him declared, the lord shall have a writ of right, of the body and the land. Likewise, if the tenant had died seized of the demeine. And if the heir be of full age at the death of his ancestor: In such a case he shall pay relief, likewise if he had been seized of the demesne, and that is by the statute of Anno. 4. H. 7. Cap. 7.  
¶ Also there is a warden in right chivalry, & warden in deed in chivalry, warden in right chivalry, is where the Lord because of his lordship is seized of the ward of the land, & the heir ut supra. warden in deed in chivalry, is where the lord in such case after his seysyn● granteth by deed or without deed the warde● of the land or of the heir or of both to another man by force of which grant, the grant is in possession, than is the grant called warden in deed. etc.   

¶ Tenure in socage. Cap. 5.  
TEnure in socage, is where the tenant holdeth of his lord his tenauncy by certain service for all manner of service so that the service be not knights service. As where a man holdeth his land● of his Lord by fealty and certain rent for all manner of service, or else where a manne● holdeth his land by homage fealty, and certain rent for all manner of services, for homage by himself maketh not knights service.  
Also a man may hold of his lord only by fealty, & such tenure is tenure in socage, for every tenure that is not tenure in chivalry, is tenure in socage. And it is said that the cause wherefore such tenure is said and hath the name of tenure in socage is thus. Quia hoc socagi●… idem est ꝙ seruiēsoce. Et hec socasoce idem est ꝙ caruca. s. one soak or one plough land. And in old time before the lamitation of time of mind, great part of the tenants that held of their lords by socage, ought to come with their ploughs every of the said tenants by certain days in the year, to ear and so●e the lords lands of his own grains. But for that such works were do●ne for the live load and sustenance of their lords, they were acquitted against their lord of all manner of services. And for this that such service was done with their ploughs, such tenure was called tenure in socage. And after that such service were changed in divers other manner service by consent of the tenants, and by the desire of their lords, that is to say into a yearly rent etc. But yet the name of socage abideth, and in divers places tenants yet do such service with their ploughs unto their Lords, so that all manner of services that be not tenors by knights service be called tenors in socage.  
¶ Also if a man hold of his Lord by escuage certain. That is to say in such form, that when escuage tenneth and is assessed by the parliament to a more sum or to a less sum, that the tenant shall pay to his Lord, but half a mark for escuage, and neither more ne less, to how great sum or little sum that the escuage runneth in this case, because the escuage is in certain, before that any escuage is assessed. etc. Such tenure is tenure in socage and not knights service. But where the some that the tenant shall pay for escuage, is not certain, that is to say where it may be that the somme that the tenant shall pay for escuage may be at one time more and another less, after that it is assessed etc. than such tenure is tenure by knights service.  
¶ Also if a man hold his land for to pay certain rent to his lord for castle ward, such tenure is tenure in socage. But where the tenant's self aught by him or by any other to make castle ward, such is tenure by knights service.  
¶ Also in all cases where the tenant holdeth of his lord to pay to him any certain rent, that rent is called rend service.  
¶ Also in such tenors in socage, if the tenant have issue and die, his issue being within the age of .14. year, than the next friend of the heir to whom the heritage may not descend shal● have the ward of the land, and of the have, unto the age of the heir of 14. year, and such● warden is called warden in socage. For if land dyscend to the heir by the father side, than the mother, or some other nigh cousin ●… the mother side shall have the ward, And if land dyscend to the heir by the mother side than the father or the next friend of the father side shall have the ward of such lands or tenements. And when the heir cometh to the age of .14. year complete, he may enter and put out his warden in socage, and occupy the land himself if he william. And such warden in socage shall take no issues or profits of such lands or tenements to his own use, but only to the use and profit of the heir, and of that shall yield account when it pleaseth the heir after that the heir hath accomplished the age of .14. year. But such a warden upon such account shall have allowance of all his reasonable costs and expenses of all things. And if such a warden mary the heir within age of .14. year, he shall make account to the heir or to his executors of the value of the marriage, though he took nothing for the value of the marriage, for that it shall be arected his own folly, that he would mary him with ●ut taking the value of the marriage without ●he mary him to such a marriage that is worth in value as much as the marriage of the heir etc. Also if any other man that is not a nigh friend. etc. occupy the lands and tenements of the heir as warden in socage he shall be compelied to yield account unto the heir, as well as his next friend. For it is no plea for him in a writ of account to say that he is not his nigh friend etc. But he shall answer whether he occupieth the lands or tenements as warden in socage or not. But inquire if after that the heir have accomplished the age of .14. year, and the warden in socage continually occupieth the land till the heir cometh to full age of xxi year. If the heir at his full age shall have an action of account against the warden of the time that he hath occupied after the said fourteen years, as against his warden in socage, or against him as against his bailiff.  
¶ Also if warden in chivalry make his executors, and die, the heir being within age & cetera, the executors shall have the ward, during the nonage. But if the warden in Socage make executors and die, the heir being within age of fourteen years, his executors shall not have the ward, but an other nigh friend to whom the heritage may not descend, shall have the ward. And the cause of diversity is, for that the warden in chivairye hath the ward to his proper use, and the warden ●… Socage hath not the ward to his own use, but to the use of the heir. And in such case, where the warden in Socage dieth before any such account made by him, the heir is of that without remedy, for that no writ of account lieth against the executors, but only for the king. Also the Lord of whom the land is holden in Socage after the death of his tenant, shall have relief in such form. If the tenant hold by fealty, and certain rent to pay yearly. & cetera. If the terms or payment be to pay by two terms of the year, or by four terms of the year, the Lord shall have of the heir of his tenant, as much as the rent amounteth that he should pay by year. As if the tenant held of the lord by fealty, and. x. shillings of rent payable at certain terms of the year, than the heir shall pay to the Lord ten shillings for relief above thes ten shillings that he shall pay for the rent. Look more in the statute of Anno. nineteen. Henrye the seventh. Capitulo. xv. And in such case after the death of the tenant, such relief is due to the lord incontinent, of what age soever the heir be, for that such a lord may not have the ward of the body nor the land of the heir. And the lord in such case aught not to abide the payment of his relief after the terms & days of payment of the rent, but he aught to have his relief incontinence. And therefore he may incontinent distran after the death of his tenant for the relief. In the same manner it is, where a tenant holdeth of his lord by fealty, and by a pound of cumin, or a pound of pepper by the year, and the tenant die the lord shall have for his relief a pound of comm or a pound of pepper.  
In the same manner it is, where the tent holdeth to pay by year a certain number of capons or hens, or a pair of gloves, or certain bushels of wheat, & such other manner thing. But in some case the lord aught to abide to distrain for his relief till a certain time. As if the tenant hold of his lord by a rose or by a bushel of roses to pay at the feast of S. john baptist. If such a tenant die in winter, than the lord may not distrain for his relief etc. until the time that the roses by the course of the year may have their growings. etc. Et sic de similibus. Also if any peradventure will ask why a man may not ho● of his lord by fealty only for all manner of ●et●ces, insomuch when the tenant shall make hi● fealty he shall swear to his lord that he sha● do all services due, and when he hath ma●… fealty in such case, there is none other service due. To this it may be said, that where th● tenant holdeth his land of his lord, it behoveth that he aught to do to his lord som● manner of service, for if the tenant nor hy● heirs aught to do no manner of service t● his lord nor to his heirs, than by long tim● continued it should be out of remembrance of whom the land was holden, of the lord ●… of his heir or not, and than more after an● more sooner will men say that the land is 〈◊〉 holden of the lord nor of his heirs than other wise and upon this the lord shall loose his ●…chete of the land, or percase other forfaytu●… or profit that he might have of the land. S● it is reason that the lord and his heirs hau● some service done unto him for a proof an● a witness that the land is holden in frank almoygne as shallbe said in frank almoygne, an● because that the lord will not at the begynni●… of the tenure have any other services but fealty, it is reason that a man may hold of hi● lord only by fealty, and when he hath made hi● fealty, he hath done all his service.  
¶ Also if a man let to another for term of life certain lands or tenements without speaking of any thing to yield to the lessours yet he shall do to the lessor fealty, for that he holdeth of him. Also if a lease be made to a man for term of years it is said the lessee shall do to the lessor fealty, for that he holdeth of him. And this is proved well by the words in a wrytre of waste when the lessor hath caused to bring a writ of waste against him the which writ shall say that the lessee holdeth the tenements of the lessor for term of years. So the writ proveth a nature between them etc. but he that is tenant at will after the course of the common law, shall make not fealty, because he hath no manner of sure estate. But otherwise it is of tenant after the custom of the manner, because that he is bound to do fealty to his lord for two causes, one is because of custom, the other is because before that he take his estate in such form to do fealty.   

¶ Frank almoygne. Cap. 6.  
TEnure in Frank almoygn, is where an abbot or prior, or another man of religion, or of holy church holdeth of his lord in Frank almoygne, that is to say in latin. In liberam clemosynam, that is to say in free alms. And such tenure began first in old time was seized when a man in old time was seized of lands or tenements in his demesne, as of fee, and of the same land ensuffed an abbot 〈◊〉 his covent a prior and his covent to have ● to hold of them and their successors in put● & perpetual alms, or in frank almoygn, or by such words to hold of the grant out or of the lessor & his heirs in free alms. In such case the tenements were holden in frank almoygn, & in the same manner it is, where the lands or tenements were granted in old time to a dean & Chapter & to their successors o● to a parson of a church and to his successors or to any other man of holy church & to his successors in free alms if he had capacity to take such grants or feoffementes. etc. & such as hold in free alms be bound of right afore god to do orisons, prayers, & masses & other divine service for the souls of the grant our● or feoffours, or for the souls of their heirs which be dead, and for the prosperity & good life of them that be alive.  
¶ And for this, they do at no time no manner of fealty unto their lords for that such divine service is better for them before God, than any doing of fealty, and also that these words free alms, or frank almoygn exci●de the lord to have any worldly or temporal service but only to have divine and spiritual service to be done for him. etc. And if such that hold their tenements in free alms, o● frank almoygne will not or fail to do such divine service as it is said the lord may not distrain them for the service undone. etc. because it is not set in certain what service they aught to do but the lord may of that complain to their ordinary, praying him that he will set punishment and correction of that, And also to provide and see that such negligence be no more done, and the ordinary of right aught to done that etc.  
¶ But where an abbot or a prior holdeth of ●hs lord by certain divine service in certain ●o be done, as for to sing a mass every friday ●n the week for the souls etc. or every year at such a day to sing Placebo & Dirige etc. or to found a chaplain to sing mass etc. or to distribute in alms to an hundred poor men an hundred pence at such a day, in such case if such divine service be not done the lord may dys●rayne &c. for that this divine service is in certain by their tenure what the abbot or the pri●oure ought to do. And in such case the Lord shall have the seek. etc. as it seemeth. And such tenure is not said tenure in free alms, but it is said tenure by divine service, for in tenure in free alms, or frank almoygne, no mention is made of any manner certain service, for none may hold in free alms or frank almoygne if there be expressed any manner certain service that he aught to do.  
¶ Also if it be demanded if the tenant in frank marriage shall do fealty to the donor or to his heirs before the fourth degree be passed etc. it seemeth that ye, for he is not like as to this intent to a tenant in free alms or frank almoygne for that the tenant i● free alms shall do, because of his tenure divine service for his lord as it is aforesaid and that he is charged to do by the law o● holy church, and for that he is excused and discharged of fealty. But tenant in frank marriage doth not by his tenure such service And if he do not to his lord fealty, than he doth not to his lord any manner of service neither spiritual nor temporal, which shou●… be an inconvenience and against reason that a man should have estate of inheritance of a● other, and yet the lord shall have no man● of service of him as it seemeth, & so it seemeth that he shall do fealty to his lord before th● fourth degree be past. etc. And when he hat● done fealty, he hath done all his service. A●… if an abbot hold of his lord in free alms, a●… the abbot and his covent under their commo● seal alien the same land, to a secular man ●… fee simple, in this case the secular man shal● do fealty to the lord for that he may not ho●… of his lord in free alms, for if the lord aught not to have of him fealtee, than he shall ha●… of him no manner of service which should be an inconvenience where he is lord, and the tenement is holden of him.  
¶ Also if a man grant at his day to an abbot or to a prior, lands or tenements in free alms or frank almoygne, these words free alms or frank almoygne be void, for tha● ●t is ordained by the statute which is called Quia emptores terrarum▪ which statute was made Anno. 18. regis E. primi. That no man may alien or grant lands or tenements in fee simple to hold of himself, so that if a man ●eysed of certain lands or tenements which ●…e holdeth of his lord by knights service & at his day he granteth the same land to an abbot etc. in free alms or frank almoygne, the abbot shall hold immediately the same tenements by knights service of the lord of his grantour because of the same statute, so that no man may hold in free alms or in frank almoygne, but if it be by title or prescription, or by force of a grant made to some of his predecessors before the same statute. But the king may give lands or tenements in fee simple to hold in free alms or frank almoygn or by other service for he is out of the case of the statute, and note well that no man may hold lands or tenements in free alms, but of the grantor or his heirs, and that for the privity of the gift, and therefore it is said that if there be lord mesne and tenant, and the tenant is an abbot that holdeth of his mesne ●n frank almoign, if the mesne die without heir than the menalte shall come by escheat ●o the said lord above, and the abbot than shall hold of him immediately only by fealty, & shall do him fealty. for that he may not hold of him in frank almoygne. etc.  
¶ And note well, where that such a man of religion holdeth his lands of his lord in free alms etc. his lord is bound by the law to acquit him of every manner of service that any lord above him will demand or ask of the same tenants. And if he acquit him not but suffereth him to be distrained etc. than he shall have against his lord a written of mosne, and recover his damages and costs of his suit.   

¶ Homage auncestrel. Cap. 7.  
TEnure by homage ancestral is, where ● tenant holdeth his land of his lord by homage, and the same tenant and his ancestor whose heir he is hath hold of the same land of the said lord and of his ancestors, whose heir the lord is from time out of mind by homage & have done homage unto him which i● called homage ancestral because of the continuance which hath been by title or prescription in the tenancy, in the blood of the tenant & also in the lordship in the blood of the lord. And such service by homage ancestral draweth to him warranty if the lord that is alive hath received homage of such a tenant, h● aught to warrant his tenant when he is unpleded of the lands holden of him by homage ancestral And also such service by homage ancestral draweth to him acquittance that is to say, the lord aught to acquit hy● tenant against all other lords above him of every manner of service. And it is said that y● such tenant be impleaded by a Praecipe quo● reddat etc. and he voucheth his lord to warranty, which cometh in by process and asketh of the tenant what he hath to bind him to warranty, and he showeth how he and his ancestors whose heir he is have holden the land of the vouchees and of his ancestors, whose heir he is by homage fro time out of mind, if the lord which is vouched receiveth none homage of the tenant, nor of any of his ancestors, the lord than if he will, may dysclayme in the lordship, and so put out his tenant of his warranty. But if the lord which is vouched hath received homage of the tent or of any of his ancestors, than may he not disclaim but he is bound by the law to warrant the tenant, & than if the tenant lose the land in default of the vouch he shall recover in value against the vouch of the lands or tenements that the vouch of the lands & tenements that the vouch had at the time of the vouch or any time after. And it is to weet, that in every case where the lord may disclaim in his lordship by the law in court of record, & of that will dysclayme his signory is extinct, & the tenant shall hold of his lord next above the lord which so disclameth. But if an abbot or a prior be vouched by force of Homage ancestral etc. though he hath never taken homage & cetera, yet he can not dysclayme in this case nor in none other case, for they cannot deveste that thing in fee which hath been ve●…ed in their house. Pasche. x. E. quarti.  
¶ Also if a man that holdeth his land by homage ancestral alyeneth his land to another in fee the alien shall do homage to his lord. But he holdeth not of his lord by homage ancestrel for that the tenancy was not continued in the hold of the ancestors, of the al●en, nor the alien shall never have the warranty of his land of his lord, for that the continuance of the tenancy in the tenant and a● his blood by the alienation is dyscontinued and so see that the tenant that holdeth hy● land by homage auncestrel of his lord, and such a tenant alieneth in fee, though that 〈◊〉 take estate of the alien again in fee he holdeth the land by homage, but not by homage ancestral.  
¶ Also it is said, that if a man hold his land of his lord by homage and fealty, & he had made homage and fealty unto his lord & the lord hath issue a son, and dieth, and the lordship descendeth to his son. In this case 〈◊〉 tenant which did homage to the father, shal● not do homage to the son for that wh●… a tenant hath made once homage to his lo●… he is excused for term of his life to mak● homage to any other heir of the lord. B●… yet he shall do fealty to the son and hey● of his lord though that he made fealty to hy● father.  
¶ Also if the lord after the homage to hy● made by his tenant grant the service of h●… tenant by deed unto another in fee, and th● tenant attorneth. etc. the tenant shall not be compelled to do homage but he shall do fealty though he did fealty before to the grauntor for fealty is me●dēt to every attornemnt when the lordship is granted. But if a man be seized of a manor, and an other man holdeth his land of him as of the manor aforesaid by homage, the which hath done homage to his lord which is seized of the manor if after that a stranger bring a Praecipe quod reddat against the lord of the manor & recovereth the manor against him and sueth execution etc. in this case the tenant shall once again do homage to him that recovereth the manor for that the state of him which received homage before is defeted by the recovery. And it shall not lie in the mouth of the tenant to falsify or defeat the recover which was against his lord, and so see the diversity. In this case where a man cometh to his lordship by recovery, & where he cometh by descent or grant of the signory.  
¶ And if a man tenant which aught by his tenure to do homage to his lord come to his lord and say to him, sir I own to do unto you homage for the tenements that I hold of you and I am ready to do you homage for the same tenements for the which I pray you that ye will now receive it and if the lord than refuse to receive it, than after such refuse the lord may not distrayn the tenant for the homage before that the lord require the tenant to do homage and the tenant refuse to do it.  
¶ Also a man may hold his land by homage ancestral and by escuage or by other knights service as well as he might hold his land by homage auncestrel in Socage.   

¶ Grand sergeauntie. Cap. 8.  
TEnure by grand sergeauntie is where a man holdeth his lands or tenements of our sovereign lord the king, by the service which he aught to do in his own proper person, as to bear the kings banner or his spe●e, or to lead his host, or to be his marshal, or to bear his sword before him at his coronation, or to be his sewer at his coronation, or his carver, or butler or to be one of his chamberlains of his resceyt of his escheker, or to do such services. etc. and the cause wherefore such service is called great sergeant, is for that it is more honourable and worshipful, & dign, than is the service of the tenure by escuage for he that holdeth by escuage is not limited by his tenure to do any more especial service than any other that holdeth by escuage aught to do. But he that holdeth by grand serg●aunty, aught to do a special service to the king But he that holdeth by escuage aught not to do.  
¶ Also if the tenant which holdeth by escuage die, his heir being at full age, if he held by a knights fee, the heir shall poy●… but an. C. s. for his relief. as it is ordained by statute of magna carta. Cap. 2. but he that holdeth of the king by grand sergeanty & dieth his heir being of full age, shall pay unto the king for his relief the value of his lands or tenements by year, beside the charges and reprises which he holdeth of the king by grand sergeanty. And it is to weet that seriantia in latin is seruicium, and so magna seriantia is magnum seruicium, that is to say a great service.  
¶ Also those which hold by escuage aught to do their service out of the realm but they that hold by grand sergeant for the most part aught to do their service within the realm.  
¶ Also it is said that in the Marches of Scotland some hold of the king by cornage that is to say to blow an horn for to warn the men of the country. etc. when they here that the Scots or other enemies will come or enter into England. etc. which seruic is grand sergeant. etc. but if any tenant hold of any either lord than of the king by such service of cornage, that is not grand sergeauntie, but it is knights service, & draweth to him ward marriage, and relief, for none may hold by grand sergeant but of the king only.  
¶ Also a man may see in the xi year of Henry the fourth that Cokayn than being chief baron of th'exchequer came into the common place bringing with him a copy of record in these words. Talis tenet tantam terram de domino rege perseriantiam ad inventendum ●num hominem ad generam infra quatuor maria. etc. That is to say, such a man holdeth is much land of our sovereign lord the king by sergeauntie to war within the four seas, & he demanded whether he was grand sergeauntie or petty sergeauntie, and Hank than said that it was grand sergeanty, for that it was service to be done by the body of a man and if that he may not find a man to do the service for him he must do it himself. To whom the other justices assented Cokayne than said, the tenant in this case shall pay relyese to the value of the land by year, to the which was none answer, and note that all they that hold of the king by grand sergeant, hoū● of the king by knights service, and the king of that shall have ward marriage and rely 〈◊〉 but the king shall not have of them escuage 〈◊〉 they hold not by escuage.   

¶ Petite sergeauntie. Cap. 9  
TEnure by petite sergeauntie is where a 〈◊〉 holdeth his land of our sovereign lord the king to yield unto him yearly a Bow, 〈◊〉 a sword, or a dagger, or a knife, or a spear, 〈◊〉 a pair of gloves of Mail, or a pair of spurs guilt, or an arrow, or divers arrows or to yield such other small things touching the war and such service is but Socage 〈◊〉 effect for that the the tenant by his tenure aught not to go nor to do any thing in his own proper person touching the war. But to yield and pay yearly certain things unto the king as a man aught to pay a rent. And note that no man may hold land by grand sergeant nor by petit sergeauntie but of the king.   

¶ Burgage. cap. 10.  
TEnure in Burgage is where an ancient Borough is of the which the king is lord and they that have tenements within the borough hold of the king their tenements that every tenant for his tenement aught to pay to the king a certain rent by year. etc. And such tenure is but tenure in socage and the same manner is where another lord spiritual or temporal is lord of such a borough and the tenants of the tenements in such a borough hold of their Lord to pay each of them yearly an annual rend, and it is called tenut in Burgage for that the tenements within the borough be holden of the lord of the borough by certain rent. etc. And it is to weet that the ancient towns called boroughs be the most ancient and eldest towns that be within England for the towns that be now be cities or countries in old time were bo●oughes and called boroughs for of such old ●ownes called boroughs come these Burge●es of the parliament to the parliament when the king hath summoned his parliament.  
¶ Also for the greater part of such boroughs have divers customs and usages which be not had in other towns for some borough hath such custom that if a man have issue of many sons & dieth the youngest sō●… shall inherit all the tenements which we●… his fathers within the same borough as heir unto his father by force of the custom the which is called borough English.  
¶ Also in some boroughs by the customs the wife shall have for her dower all the tenements which were her husbands.  
¶ Also in some borough by the custom a 〈◊〉 may devise by his testament by his lands ● tenements which he hath in fee simple with in the same borough at the time of his death and by force of such devise to whom such devices is made after the death of the devisor may enter in the tenements to him devise to have and to hold to him after the found and effect of the devise without any liven ● seisin thereof to be made to him.  
¶ Also though a man may not grant ●… give his tenements to his wife during th● coverture for that that his wife & he be b● one parson in the law yet by such custom may devise by his testament his tenemente● to his wife to have and to hold to her in ●… simple or in fee tail, or for term of life or ● years for the such devise taketh none effect ●… after the death of the devisor. And if a man● divers times make divers testaments and ●…uers devices. etc. yet the last devise & will made by him shall stand and abide.  
¶ Also by such custom a man may devise by his testament that his executors may alien and cell the tenements that he hath in fee simple for a certain sum to distribute for the soul in this case though the devisor die seized of the tenements and the tenements descend unto his heir yet the executors after the death of the testator may sell the tenements so devised and put out the heir and thereof make a feoffment alienation and estate by deed or without deed to them to whom the sale is made unto.  
¶ And so may ye see here a case where a man may make a lawful estate and yet he hath naught in the tenements at the time of the estate made & the cause is for that that the custom and usage is such. Quia consuetudo ex certa causa rationabili usitata private communem legem. For a custom used upon a certain reasonable cause barreth the common law And note well no custom is to be allowed but such custom as hath been used by title of prescription that is to say, from time whereof is no e●ynd. But divers opinions have been of time out of mind & of title of prescription which is all out in the law, for some men have said that the time of mind should be said for time of limitation in a writ of right, that is to say, fro the time of king Rycharde the first after the conquest, as is given by the statute of westmynmer the first, for that a writ of right is the most highest writ in his nature that may be. And in such a writ a man may recover his right of the possession of his ancestors of the most ancient time that any man may hy● any writ by the law. And in ●o much that it is given by the said statute that in such a writ none shallbe hard to ask of the seison of his ancestors of more longer time than of the time of king Rycharde aforesaid, therefore this is proved that continuance of possession or other customs & usages used after the same time his title of prescription, & this is certain. And other have said that well and truth it is that seisin and continuance after the limittation. etc. is a title of prescription as is aforesaid and by the cause aforesaid. But they have said that there is also another title of prescription that was in the common law before any statute of limitation of written etc. and that it was where a custom or usage or other thing had been used fro time whereof mind of man runneth not to the contrary, and they have said that this is proved by the pleading where a man will plead a title of pnscription of custom. etc. he shall say that such custom hath been used fro time whereof the memory of men runneth not to the contrary, that is as much to say, when such a matter is pieted that no man than alive hath hard one proof to the contrary, nor hath no knowledge to the contrary: and in so much that such title of prescription was at the common law and not put out by none statute. Ergo it abideth as it was at the common law, and the sooner in so much that the said lymittation of a writ of right. etc. is of so long time passed. Ideo quere de hoc, and many other customs and usages have such ancient boroughs.  
¶ Also every borough is a town, but not to the contrary, more shallbe said of customs in the tenure of villeinage.   

¶ Vylleynage. Cap. 11.  
TEnure in villeinage is most properly when a villain holdeth of his lord to whom he is villain certain lands and tenements after the custom and manner or else at the will of his lord and to do his villain service, as to bear, bring, and carry out the dung and filth of the lord unto the land of his lord thereto lay it, cast it, and spread it abroad upon the land, and to do such other manner of service, & some free tenants hold their tenements after the custom of certain manors by such service, and their tenure is called tenure in villeinage, & yet they be no villains, for no land holden by villeinage or villain lands, or any custom rising of the land shall never make free man vylleyn. But a villain may make free land to be villain land unto his lord, as if a villain purchase land in fee simple or in fe tail, the lord of the villain may enter into the land & put out his villain & his heirs for ever, and after the lord if he will he may let the sam● land to the villain to hold in villeinage Also if a feoffment be made to a certain p●…son or parsons in fee to the use of a villain or if a villain or any other parsons be e●feffed to the use of a villain, what estate soever the villain hath in the use, in fe tail 〈◊〉 term of life, or years, the lord of the villay● may enter in all those lands and tenement● likewise as if the villain had been alone ●…●sed of the demesne. And that is by the statu● of. Anno. 19 H. 7. But if a free man will tak● any lands or tenements of his lord by so● villain service, that is to say to pay a fyne● his lord for his marriage or for the marya●… of his son or his daughter, than shall he p●… such a fine for the marriage. etc. for that it ●… the folly of such a free man to take in such form lands or tenements to hold of 〈◊〉 lord by such bondage, yet that maketh not th● free man villain.  
¶ Also every villain either he is villain by prescription, that is to say, he and his an●cesters have been villains time out of mind or he is villain by his own confession in co●… of record. But if a free man have divers ●…sues, and after confesseth himself to be villa●… to another in court of record, yet his issue which he hath before the confession be free, b● the issue which he shall have after the confe●… &c. shallbe villains.  
¶ Also if a villain purchase lands & alye●●eth the same lands to another before his lord ●nter than the lord may not enter for it shallbe ●…dged his own folly that he entered not whē●he land was in his villains hands. And so 〈◊〉 is of his other goods for if the villain buy ●…sel or give goods to another before that the ●ord seizeth the goods than the lord may not ●ease them but if the lord before any such sale or ●ft cometh within the house of the villain, ●her such goods be & there openly among the neighbour's claim the same goods to be his ●nd so seizeth parcel of the same in name of se●sin of all the goods. etc. This is said a good ●eisin in the law. And the occupation that the ●…llain hath after such claim in the goods shall ●e taken in the law in the right of the lord.  
¶ But if the king have any villain that ●urchaseth lands and alyeneth before that the ●ing enter yet the king may enter in the land 〈◊〉 whose hands the land cometh to. Or if ●he villain buy or cell divers goods before ●hat the king seize the goods yet the king may seize them in whose hands that ever they be. Quia nullum tempus occurrit regi, for no time runneth against the king.  
¶ Also if a man let land to another for term life, saving the reversion to him and a villain purchaseth of the lessor the reversion, in this case it seemeth that the lord of the villain may incontinent come to the land and claim the same reversion as lord of the same villain and by this claim the reversion is incontinent in him for in an● other form he may not come to the reuerc●… for he may not enter upon the tenant fo● term of life and if he aught to abide till after the death of the tenant for term of life than happily he might come to late for pa●…uenture the villain will grant or alien it t● another in the life of the tenant for term 〈◊〉 life. In the same manner it is where a vylla●… purchaseth the avowson of a church full of 〈◊〉 incombent that the lord of the villain may● come to the said church and claim the avowson. And by this claim the advowson is in him, for if he abide till after the dea● of the incombent and than present his cla●… to the said church. Then in the mean time the villain might alien the advowson. etc. so put out the Lord from his presentation  
¶ Also there is a villain regardaunt an● villain in gross. Villain regardaunt is 〈◊〉 if a man be seized of a manor to which a vi●layn is regardant and he that is seized of th● said manor or they whose estate he hath 〈◊〉 the same manor have been seized of the sa●… villain and of his ancestors as villains regardant to the manor fro time out of mi●… And villain in gross is where a man is se●… of a manor to the which a villain is regardaunt and he granteth the same vylla●… by his deed unto another than he is villains gross and not regardaunt.  
¶ Also if a man and his ancestors whole heir he is hath been seized of a villain and of his ancestors as villain 〈◊〉 gross time out of mind such been vyl●aynes in gross. And note well that of such things which may not be granted nor a●ened without deed or find a man that ●il have such things by prescription may not otherwise prescribe but in him and his ancestors whose heir he is and not by these ●ordes in him and in those whose estate he ●ath for that that he may not have their estate without deed or writing the which behoveth ●o be showed to the coure if he will have any advantage of this and because that the grant ●nd the alienation of a villain lieth not with ●ut deed or other writing. A man may not ●rescrybe in a villain in gross without shew●ng of writing but in himself that claimeth ●he villain and in his ancestors whose heir ●e is. But of those things which be regar●aunt or appendent to a manor or to other ●andes or tenements, a man may prescribe ●hat he and they whose estate he hath were sea ●ed of the manor or of such lands or tenements as regardauntes or appendauntes to ●he manor or to such lands & tenements etc. from time out of mind, and the cause is ●or this that such a manor lands and tenements may pass by alienation without deed. etc. And it is to wit that nothing is named ●egardaunt to a manor but a villain. But ●ertayne other things as advowsons and common of pasture. etc. be named appendante to the manor or to other lands and tenements.  
¶ Also if a man in court of record knowledge himself to be villain that never wa● villain before, such one is villain 〈◊〉 gross.  
¶ Also a man that is villain is call● villain, and a woman that is villain 〈◊〉 called nyefe, as a man that is outlawed 〈◊〉 called an outlaw, and a woman that is ou● lawed is called a wain.  
¶ Also if a villain take a free woman 〈◊〉 wife, the issue between them shallbe villayn● But if a nyefe take a freeman to husband, th●… issue shallbe free. And that is contrary to th● law civil, for there he saith that partus 〈◊〉 quitur ventrem.  
¶ Also no bastard may be villain, 〈◊〉 if that he will knowledge himself to be a v●layne in court of record, for he is in the law● Quasi nullius filius as the son of no ma● for that he may be inherit out to no man.  
¶ Also every villain is able and free ●sue all manner of actions against every parso● except against his Lord to whom he is v●layne, and yet in certain things he ma● have against his Lord an action of appe●… for the death of his father or of his other a●…cesters whose heir he is. Also a nyefe which is ravished by her lord may have appelle 〈◊〉 rape against him.  
¶ Also if a villain be made executor ● another, and the lord of the villain was ●detted to the testator in a certain sum ●f money the which is not paid, in this case the villain as executor to the testator shall ●aue an action of debt against his lord because he shall not recover the Det to his pro●er use, but to the use of the testator.  
¶ Also the Lord may not take out of the possession of such a villain that is execu●…ur of the deeds goods, and if he do the villain as executor shall have an action of ●espas against his lord for the same goods 〈◊〉 taken and recover damages to the use of the ●…statour. But in all these cases it behoveth ●e lord which is defendant in such actions to ●ake protestation that the plaintiff is his vileyne or else the villain shall be fraunchysed ●ough the matter be found for the Lord a●ynst the villain as it is said.  
¶ Also if a villain sue an action of trespass or other action against his Lord in one shire, and the Lord sayeth that he shall ●t be answered for that he is villain ●gardaunte to his manor, in an other shire, and the plaintiff saith that he is frank ●…d of free estate and no villain, this shall ●e tried in the Shire where the plaintiff ●…th conceived his action, and not in the shire where the manor is and this is in nor of liberty as it is adjudged. M. 40. E. 3 And for this cause was made a statute in●… ix. year of richard the second, the tenure which ensueth in such form.  
¶ Also for that where many villains' ●nyfes as well of great lords as of other● spiritual or temporal flee and go into 〈◊〉 and places fraunchysed as the city of Lo●… and other like places, and fain divers i● against their lords because they would 〈◊〉 themselves to be enfranchised it is accords assented that the lords nor none other sha● forbarred of their villains because of th● answer in the law. By force of which ●…tute if any villain will sue any manner of ●…cion to his own use in any shire where hard to try. etc. against his lord, his L●… may choose to plead that the plaintiff is hi● lain and to plead another matter in ba●… if they be at issue and the issue be founde● the lord, than the villain is villain as he 〈◊〉 before by force of the same statute. But if issue be found for the villain than is the lain frank and free for that the lord took for his plea that the villain was his vill●… but took it by protestation.  
¶ Also the Lord may not maim villain for if be maim his villain he sh● that be indited at the kings suit. A●… he be of that attaint he shall for that 〈◊〉 grievous fine and ransom to the king▪ 〈◊〉 it seemeth that the villain shall not have by law any appeal of maim against his lord, for in appeal of maim a man shall not recover but his damages. And if the villain in that case recover damages against his lord, and hath thereof execution the lord may take that that the villain hath in execution from the villain, and so the recovery standeth void.  
¶ Also if the villain be demandant in an action royal or plaintiff in action parsonel against his lord if the lord will plead in dysabilitie of his person, he may not make plain defence, but he shall defend but the wrong and the force and demand judgement if he shall be answered and show his matter by and by how he is villain and demand judgement ●f he shallbe answered.  
¶ Also vi manner of men there be against whom if they sue actions etc. judgement may he asked if they shall be answered. One is where the villain sueth an action etc. against his lord as in case aforesaid. The second is where a man outlawed upon an action of Debt or trespass or upon any other action or indictment, the tenant or the defendant may ●hew all the matter of the record and the out●ary and demand judgement if he shallbe answered because that he is out of the law to ●ue any action during the time that he is out●…wed. The third is where an alien done ●…t of the alegeaunce of our sovereign lord the ●…ng, if such a●yene sue any action royal or parsonal, the tenant or defendant may say that he was borne out of the kings allegeance● ask judgement if he shall be answered. The fourth is, where a man by judgement given against him upon a writ of praemunire facias etc. is ou●e of the kings protection if he s●… any action & the tenant or defendant show all the record against him he may ask judgement if he shallbe answered for the law & the kings writs been the things by which a man is protect & helped and so during the time tha● a man in such case is out of the kings prote●…cion, he is out of help & protect by the kings law or by the kings writ.  
¶ The fifth is where a man is entered an● professed into religion, if such a parson sue abaction the tenant or defendant may show tha● such one is entered into religion in such a pla●… into the order of saint Bennet, and is there 〈◊〉 monk professed or in the order of freres ●…nours or preachers and is there a frere professed, & so of other orders of religion etc. & af●… judgement if he shallbe answered, and th● cause is for this that when a man entereth 〈◊〉 to religion & is professed he is dead in the la● And his son or next cousin incontinent shal● inherit him as well as though he were de●… in deed, & when he entereth into religion, h● may make his testament & his executors, a●… they may have an action of debt due to hy● before his entie into religion or any other ●…cion that executors may have if he were dea● in deed. And if he make none executors when he entereth into religion, than the ordinary may commit the administration of his goods to other as if he were dead in deed. The sixth is where a man is accursed by the law of holy church, & he sueth an action royal or parsonal, the tenant or defendant may plead that he that sueth his accused, & of this it behoveth him to show the bishops letters under his seal, witnessing the accursing & ask judgement if he shallbe answered etc. but in this case if the demandant or pleyntif cannot deny it, the writ shall not abate, but the judgement shallbe that the tenant or defendant shall go quite without day for this, that when the demandant or playntif hath purchased his letters of absolution and showed them to the court, he may have a resommons or a reattachement upon his original after his nature of his writ etc. But in the other cases the writ shall abate. et cetera. If the matter showed may not be gainsaid.  
¶ Also if a villain be made a secular priest, yet his lord may cease him as his villain & cease his goods &c. But it seemeth that if the villain enrre ●nto religion & is professed etc. that the lord may not take him nor seize him for that he is dead in the law. And no more than if a free man may take a ●ife to his wife the lord may not take ne lease 〈◊〉 wife of the husband. But his remedy is to ●…me an action against the husband, for ●hat he took his naif to wife without his And so may the lord have an action agayn●… the sovereign of the house that taketh and admitteth his villain to be professed in the sa●… house without licence and will of his lord● etc. and shall recover his damages to the val●… of the villain for he that is professed monk &c. shallbe a monk, and as a monk shallbe taken for term of his life natural, except h● be derayned by the law of holy church, & h● is holden by his religion to keep his clous●… and if the lord may take him out of his ho●… than he should not live as a dead parson 〈◊〉 after his religion which should be in co●…nent etc. For if there be warden in chiual●… of body and of land of a child within age, 〈◊〉 the child when he cometh to the age of, 〈◊〉 years, enter into religion and is professed, t●… warden hath none other remedy as to th● ward of the body, but a writ of ravish 〈◊〉 of ward against the sovereign of the ho●… And if any being of full age that is cousin 〈◊〉 heir unto the child entre into the land, 〈◊〉 warden hath no remedy as to the ward of the land, because that the entry of the heirs the child is lawful in such case.  
¶ Also in many divers cases the lord 〈◊〉 make manumyssion and infraunchising to h●… vylsayn. manumission is properly when t●… lord maketh his deed to his villain to enfachise him by this word Manumittere, wh●… is as much to say, as extra manum. Et ex●potestatem alterius ponere, as to put him 〈◊〉 of the hands and the power of another. And for this that by such a deed the villain is put out of the hand & power of his lord, it is called manumission. And soeverye manner of enfraunchesing made to a villain, may be said a manumissyon. Also if the lord make to his villain an obligation of a certain sum of money or grant unto him by his deed or an annuity, or let him by his deed, lands or tenements for term of years, the villain is enfranchised. Also if the lord make a feoffment to his villain of any lands or tenements by deed or without deed in fee simple, or fee tail, or for term of years, and de●inereth unto him the seisin, this is an infraunchising, but if the lord make to him a lease of lands or tenements, to hold at the will of the lord by deed or without deed this is no enfranchising, for that he hath no manner of certain nor surety of his estate, but that the lord may put him out when he william. Also of a lord sue against his villain, a Praecipe ꝙ reddat, if he recover or by nonsuite after appearance, this is a manumyssion, for this that he may lawfully enter into the land without such suit. In the same manner it is if he sue against his villain an action of Debt, or of account, or of covenant, or of trespass, or such other, this is an enfranchising. etc. for his that he may enprison his villain, & take his goods without such suit. But if the lord ●he his villain by appeal of felony, this is none enfranchising to the villain though that matter of the apele is found against the lord because that the lord may not have the villain hanged without such suit. But if the villain were not indicted of the same felony before the appeal sued against him & is acquitted of the felony, so that he recover damages against the lord for the false appeal. And in this case the villain is enfranchised because of the judgement of damage that was given to him against his lord. And more cases and matters there be by that which a villain may be enfranchised against his lord. Sedde illis quere. Also if a lord of a manor will prescribe th●… it hath been accustomed within his manor time out of mind that every tenant within the same manor that marrieth his daughter to any man without licence of the lord of the manor shall make fine to the lord for the time being this prescription is void, for none aught 〈◊〉 make such fines but only villains for every free man may freely marry his daughter 〈◊〉 whom it pleaseth him & his daughter. And because that this prescription is against rea●… such prescription is void. But in the shire 〈◊〉 Rent of lands held in gavelkind where is the custom and time of mind the children males aught evenly to inherit this custom is allowable, for this that it is with some 〈◊〉 son because that every son is as great a gentleman as the elder son, & because of th●… more great honour & valour shall grow tha● if he had nothing by his ancestors where peradventure he might not so grow. etc.  
¶ Also where by custom called borough English in some borough the younger son shall in herite all the tenements etc. This custom, all so standeth with reason because that the younger son if he lack father & mother because of his young age may least of all his brethren help himself etc. But if a man will prescribe that if any cattle were upon the demesnes of his manor there doing damage, that the lord of the manor for the time being hath used him to dystrayn them & the distress to retain till fine were made to him for the damages at his will, this prescription is void, because it is against reason that if wrong be done to a man, that he thereof should be his own judge for by such way if he had damages but to the value of an half penny he might assess and have thereof an hundred pound which should be against all reason, and so such prescription or any other prescription used if it be against all reason this aught not nor will not be allowed before judges. Quia malus usus abolendus est.   

¶ Rentes. Cap. 12.  
THree manner of Rents there be, that is to say, Rend service, Rend charge, and Rent seek. Rend service is where a man holdeth his land of his lord by fealty & certain rent or by other service and certain rent.  
¶ Or by homage fealty and certain Rent. And if rend service at any day that it aught to be paid, be behind, the lord may dystrayn for that of common right. And if a man now will give lands or tenements to another in the tail, yielding to him certain rent by year he of common right may distrayn for the rent behind, though that such gift was made without a deed because that such rent is rend service, but in such case where a man upon such a gift or lease will receive to him rend service It behoveth that the reversion of the lands and tenements be in the donor or in the lessor, for if a man will make a feoffment in fire, or will give lands in the tail, the remainder over in fee simple without a deed reserving to him certain rent, such reversion to void because that no reversion is in the donor and such a tenant holdeth his land immediately of the lord of whom his donor held. And this is by force of the statute of we st●… 3 Cap. 1. Quia emptores terrarum for before the same statute if one had a feoffment in fee simple by deed or without deed, yielding to him & to his heirs certain rent, this was rend service, and for this he might dystrayn of common right. And if he made no reversion of any rent nor of any service, yet the feoffee hold of the feoffor by such services as the feoffor held ever of his lord next above. But if a man by deed indented at a day, make such a gift in the tail, the remainder over in fee etc. or feoffment in fee, and by the same indenture reserveth to him and to his heirs a certain rent, and that if the rent be behind that it shallbe leeful to him and to his heirs to dystrayn etc. such rent is rend charge, because such lands and tenements be charged of such distress by force of the writing only and not of common right. And if such a man in such a deed indented, reserve to him and to his heirs certain rent without any such clause set or but in the deed that he may distrain etc., that ●uch rend is rend seek, because that he cannot ●ystrayn to have the rent if it be denied by ye●ame distress, & if he was neverseysed in this ●ase of the rent he is without remedy as shal●e said hereafter. Also if a man seized of cer●…yn land grant by his deed Poll, or by indenture a yearly rend issuing out of the same and to another in fee simple or in fee tail, ●r for term of life etc. with clause of distress. ●c. then that is rend charge, and if it be without clause of distress, than it is rend seek, and ●ote well that rent seek Idem est quod red●itus siccus, and for that, that no distress is incident to it. Also if a man grant by his deed ●o another and the rent is behind, the grant ●ay choose if he will sue a writ of annuite ●f it against the grantor or distrain for the ●…nt behind and the distress to withhold till ●e be of that paid. But he may not do and ●aue both together, for if he take a writ of ●…unte than the lord is discharged. And if he 〈◊〉 not a writ of amnuite but dystrain for the arrearages & the tenant sueth a replegiare etc. the grant avoweth the taking of the distress in the land etc. in court of record than i● the land charged, and the parson of the grau●tour discharged of an action of annuite.  
¶ Also if a man will that another shall hau● rend charge issuing out of the lands but 〈◊〉 will not that his parson shallbe charged in 〈◊〉 manner by a writ of annuite, than he may have such a clause in the end of his deed. ●r●uiso semper ꝙ presence scriptum nee aliqu● in eo specificatum non aliqualiter se extēdat● onerandum personam meam per breve de a●nuali redditu. Sed tantummodo ad onora●… terram & tenementa pndicta de annuali redd● predicto. And than is the land charged & th● parson of the grant our discharged.  
¶ Also if a man make such a deed in such ●…ner that if A. of B. be not yearly paid at t●… feast of christmas for term of his life of 〈◊〉 shillings of lawful money, that than it sh●… be leeful to the said A. of B. to distrain fo● in the manor of F. etc. this is a good Re● charge, because that the manor is charged the rent by way of distress. And yet the pa●… himself that made such a deed is discharged this case of an action of annuite because th● he granted not by his deed any annuite the said A. of B. but granted only that may distrain for his annuite.  
¶ Also if a man have a rend charge to hy● and to his heirs issuing out of certain is 〈◊〉 ●f he purchase any parcel of the land to him and to his heirs, all the rents is extinct and annulled because the rend charge may not ●n such manner be apportioned, but if a man that hath rend service purchase parcel of the ●ande whereof the rent is this shall not ex●yncte all. but for the portion for the rend service in such case may be apportioned and shall ●e apportioned after the value of the land, ●ut if a tenant hold his land by seruyye ●o yield to his lord yearly at such a feast, ●n horse or an hawk, or such thing semblable. if in such case the Lord purchase par●ell of the land, the service is gone, because ●hat such service may not be severed nor ap●orcioned, but if a man hold his land of another by homage fealty and escuage, and ●y certain rent if the lord purchase parcel of the land & cetera. In that the rent shallbe apportioned as is aforesaid, but yet in this case ●he homage an fealty abideth whole to the ●ord, for the lord shall have the homage & feal●e of his tenant for the remanant of lands & ●enementes holden of him as he had before. etc. for this that such services be no ancient ●…ruyces and may not be apportioned. But ●he escuage may and shallbe apportioned after ●he quantity and rate of the land.  
¶ Also if a man have a rend charge, and his other purchaseth parcel of the tenements charged in fee and dieth, & that parcel descendeth to his son that hath the rent charge now this rend charge shallbe apporcioned after the value of the land, as is aforesaid of rend service because that such a portion of the land purchased by the father, cometh not to th● son by his own deed, but by dyscente an● course of the law.  
¶ Also if there be lord and tenant, and the tenant holdeth of his lord by fealty and certain rent, and the lord granteth the rend b● his deed to another etc. reserving to him th● fealty and the tenant attorneth to the grau●… of the rent, now such rent is rend seek to th● grant for this that the tenements be 〈◊〉 holden of that grant of the rent, but be h●den of the lord that receiveth to him fe●tee. And in the same manner it is, where as holdeth his land by homage fealty, & certa●… rend, if the lord grant the rent, saving to hi● the homage such rent after such grant is 〈◊〉 seek but where lands or tenements b● holden by homage fealty, and certain rent the lord will grant the homage of his la●… by his deed to another saving to him the ●…menant of the services and the tenant att●neth to him after the form of the grau●… now in this case the tenant holdeth his la●… of the grant, and the lord that granteth 〈◊〉 homage shall not have but the rent as re●… seek, and shall never dystrayn for the rend 〈◊〉 this that neither homage, nor fealty, nor ●…cuage may be said seck, for he that hath or aught to have of his tenant Homage, or fealty a●… escuage may of common right distrain for it if it be behind for homage fealty and escuage been, services by which lands and tenements be holden and been such that in manner may be taken but as services. But otherwise is of rent that was once rend service for this that when it is severed &c. by the grant of the lord fro the other services, it may not be said rend service for this that hath not to it fealty which is incident to every manner of rend service, and for this it is said rent seek.  
¶ Also if a man let land to another for term of life reserving to him certain rent, if he grant the rent to another saving to him the reversion of the land so let by his deed. etc. such rent is but rend seek, for this that the grant hath nothing in the reversion of the land. But if he grant the reversion of the land to another for term of life and the tenant at turneth etc. then hath the grantee the rent as rend service because he hath the reversion for term of life. And so it is to be understand that if a man give lands or tenements in the tail reserving to him and to his heirs certain rent or let land for term of life reserving certain rent if he grant the reversion to another, and the tenant attorneth all the rent and service passeth by the word of the grant of reversion for this that all the rent and service in such case be incidentes to the reversion and pass by the grant of reversion. But though he grant the rent to another the reverchon passeth not by such graunt● et cetera. And so note well the diversity. And it is held, Pasche duodecimo E. quarti. B●… it is adjudged. Anno. xxvi. libro Assysar●… where as the services of the tenant in tay● were granted that that was a good grau●… yet notwithstanding the reversion remains  
¶ Also if there be Lord mesne and tenant, and the tenant holdeth of the mei●… by the rent of .v. shillings, and the mesne h●…deth over by twelve pence, if the lord abo●… purchase the tenauncy in fee, than the seru●… of the menalte is extinct for this that wha● the lord above hath the tenauncy, he holde●… of the lord next above him. And if he ou●… to hold it of him that was mesne, than 〈◊〉 should hold one self tenauncie immedia●…lye of divers Lords which should be 〈◊〉 convenient, and the law will sooner suffer mischief for that, than an inconuenye●… and for this the seygniorye of the mena●… is extinc. But in so much that the tenant held of the mesne by v. s. & the mesne held 〈◊〉 by xii d. so that he had more advantage by 〈◊〉 than he paid to his lord, he shall have the sa●… four shillings as a rent seek yearly of th● lord that purchased the tenauncy.  
¶ Also if a man that hath rend seek 〈◊〉 once seized of any parcel of the rene, and after if the tenant will not pay the rend th●… is behind, this is his remedy. It behoveth him to go by himself, or by another to the lands and tenements whereof the rent is issuing, and there to demand the arrearages of the Rent. And if the tenant deny to pay it, this denying is a disseisin of the rent. Also if the tenant at the time be not ready to pay it, this is a denying and 〈◊〉 disseisin. Also if the tenant, nor none other be dwelling upon the lands or tenements when he asketh the arrearages et ce●era. this is a denying in law, and a dyssey●yn in deed, and of such dysseisyns he may have an assize of novel disseisin against the ●enaunt, and recover the seisin of the Rent, and the arrearages and his damages and co●es of his writ & of his p●e. etc. And if after such recover the rent be another time denied him, than he shall have a redisseisin & recover double damages. And it is to be had in mind, ●hat this name assize is Equivocum. For some ●yme it is taken for a iure, for in the beginning of the record of assize of novel disseisin, the record shall begin thus (Assisa ven' recogn') which is to say the iuratores ven' recogn', and ●he cause is for this that by the writ of as●se is commanded to the shyrif ꝙ faciat xii ●beros & legales homines de vicineto etc. vi●ere tenementum illud & nomina eorum inbre●iari. & ꝙ some eos ꝑ bonos sum ꝙ sint coram ●usticiariis et cetera. pa●ati inde facere recognitionem etc. And for this that by force of such 〈◊〉 original writ a panel by force of the●… writ, ought to be returned etc. it is said in the beginning of the record in assize, Assisa ven' recogn' etc. Also in a writ of right it is commonly said that the tenant may put●… him in good and in the great assize etc. Also there is a writ in the register called D● magna assysa eligenda, so is this a good pro●… that this name assize sometime is put for th● jewry, and sometime it is taken for all the writ of assize, & after that intent it is mo●… properly and most commonly taken as assy●… of novel disseisin, is taken for all the writ 〈◊〉 assize of novel disseisin. In the same manner assize of common pasture, is taken for all the 〈◊〉 of assize of common pasture and assize of mor● dance sire and assize of darrayn presentment etc. But it seemeth that the cause is why such writs at the beginning were called ass●ses, for this that by every such writ it is commanded to the shryfe that he summon xii s. which is as much to say that he aught to ●…mon a jewry etc. and sometime assize is taken for an ordinance for to set certain thing in a certain rule and disposition, as an ordinance that is entered in the ancient estat●…tutes is called Assysa panis & seruicie. Also there be lord and tenant, and the lord granteth the rent of his tenant by deed to an●ther saving to him the other service, and th● tenant attourneth, this is a rent seek an● is aforesaid But if the rent be denied him 〈◊〉 the next day of payment, he hath no remed● for this that he had not thereof any possession But if the tenant when he attorneth to the grant or after will give a penny or an half penny to the grant in the name of seisin of rent than if after at the next day of payment the rent be denied him he shall have assize of novel disseisin and so it is if a man grant by his deed a yearly rend issuing out of his land to another. etc. If the grantor than after pay to the grant i d. or an half penny in the name of seisin of the rent than after the first day of payment the rent be denied, the grant may have assize or eye not. Also of rend Sack a man may have assize of mortdauncester or a writ of ail or cousinage and all other manner of actions reals the case sith as he may have of any other rent.  
¶ Also there be two causes of disseisin of rend service that is to say rescous replevin and enclosure rescous is when the lord dystrayneth in the land holden of him for his rent behind if the distress be reserved fro him or the lord come upon the land and would distran & the tenant or another man will not suffer him. etc. replevin is when the lord hath distrained, and replevin is made of the distress by writ or by plaint. etc. Enclosure is if the lands and tenements be so enclosed that the lord may not come within the land and tenements for to distrain and the cause why such things so done be disseisins made to the lord is for this by such things the lord is disturbed of the mean by which he aught to have come to his rent. And four causes be of disseisin of rend charge that is to say rescous replevin enclosure and denier for denying is a disseisin of rend charge as it is aforesaid of rent seek & two causes be of disseisin of rent seek that is to say enclosure and denier and yet it seemeth that there is another cause of disseisin of all the three rents aforesaid that is when the lord is going to the land holden of him for to distran for the rent being behind and the tenant hearing this encountereth him and forstalleth him the way with force, and arms and manaseth him in such form that he dare not come to the land for to distran for his rent behind. etc. for doubt of death or bodily hurt this is a disseisin for this that the lord is disturbed of the mean whereby he aught to come to his rent and so it is if by such forstalling and menacing he that hath rend charge or rend seck is forestalled or dare not come to the land to ask the rent behind.    

¶ The third Book.  

¶ Parceners. Cap. i  
PArceners be in two manners that is to say parceners after the course of the common law & parceners after the custom parceners after the course of the common law be where a man or a woman be seized of certain lands or tenements in fe simple or fe tail & hath none issue but daughters & dieth and the tenements descend to the daughters & the daughters enter into the lands & tenements so to them descended than they be called parceners & be but one heir to their ancestor and they be called ꝑceners for this that by the writ that is called Breve de participatione facienda the law will constrain them that participation shallbe made among them & if there be ii daughters to whom the land descendeth then they be called two parceners & if they be iii daughters they be called three parceners, and four daughters four parceners and so forth and if a man seized of lands in fe simple or in fe tail and die without issue of his body, and the tenements descend to his sisters they be parceners as is aforesaid. In the same manner it is where he hath no sisters but the land descendeth to his aunts they be parceners, but if a man have but one daughter she may not be said parcener but daughter and heir. And it is to weet that partition between ꝑceners may be made in divers manners, one is when they agreed to make partition and make partition of the tenements as if there be two parceners to divide between them the tenements in two parts every part by himself in severalty of even value and if there be three parceners to divide the tenements in three parts ●n, severalte. Another partition there is to choose by agreement between them & certain of their friends to make the partition between them of the lands & tenements in the form aforesaid. And in such cases after such partition the elder daughter shall choose first one of the ꝑtes so divided which she will have for her part. And than the second daughter after her another part. etc. if it so be that there be many sisters. etc. If it be not that they ne be otherwise agreed between them for it may be agreed between them that one of them shall have such tenements and another such tenements, & without any such first election and the par● that the elder sister hath is called in latin E●nitia pars, but if the parceners agree that th● elder sister shall make partition of the tenements in the form aforesaid, and if she d● than it is said that the elder sister shall chos● the last part after each of her other sisters another partition and a lotting there is, as y● there be four parceners and after such partition made of the lands every part of the land is by itself written in a little scroll and it is covered all in wax in a manner of a little ball so that no man may see the scrowe than is the four balls of wax put in a Bonnet to keep in the hands of an indifferent man & than the elder daughter first shall put ha●… hand in the Bonnet which shall take a ball 〈◊〉 wax and the scrow within the same ball fo● her purparty, and than the second sister sha●… put her hand in the Bonnet and shall take another, and so then the third sister the thyrd● ball. etc. & in this case it behoveth each of them to hold them to their chance and alotment.  
¶ Also another partition there is as if there be four parceners and they will not agreed that partition shallbe made between them, than one of them may have a wryt de particione facienda against the other three sisters, or two may have a wryt of participacione facienda, against the other or the three against the four at the election and when judgement shall be given upon such a write, the judgement shall be such the partition shallbe made between the parties of the sheriff in his proper parson go to the lands and tenements. etc. and that he by the oath of xii true men of his baylywyke. etc. shall make partition between the parties the one party of the same lands shall be assigned to the plaintiff or to one of the plaintiffs, & another part to an another. etc. not making mention in the judgement of the eldest sister more than of the youngest, and of the partition that he hath, this done he shall make notice to the justices. etc. under his seal and the seals of the xii. etc. and so in this case may you see there the elder sister shall not have the first election. etc. but the sheriff shall assign the part that she shall have. etc. and it may be that the sheriff will assign first a part to the younger sister, and the last part to the elder. And note well that partition by agreement between parceners may by the law be made among them as well by word without dead as by deed.  
¶ Also if two meses descend to two parceners and the one mese is worth by year twenty s. and that other but ten s. by year, in this case partition may be made between them in such form that the one parcener shall have the one mese and the other parcener shall have the other mese, and he that shall have the mese of xx. s. and his heirs shall pay a yearly rent, of v, s. issuing out of the same mese to another parcener and to his heir for ever, because the every of them shall have even in value, & such partition made is good enough, and the same parcener that shall have the rent of .v. s. & his heirs may distran for the rent of common right in the same mese of the value of twenty s. if the rent of .v. s. be behind at any time in whose hands so ever the same mese cometh though there was never writing made of it between them in the same manner it is of partition of all manner of lands and tenements etc. where such rent is reserved to one or to divers parceners upon such partition. etc. but such rent is not rend service, but rend charge, of common right had and reserved fore galtie of the partition. And note well that none be called parceners by the common law but women or the heirs of women, and which come by lands and tenements by descent, for if sisters purchase lands or tenements of this they been called joyntenauntes and not parceners. Also if two parceners of land in fee simple make partition between them. etc. and in the part of that one valueth much more than the part of the other, if they were at the time of partition of full age, that is to say of xxi. year, than they alway shall abide and never be defeted, but if tenements whereof be made partitions be to them in fee tail, and the part that one hath is much better in yearly value than the part of the other. Howbeit that they be excluded during their lives to defeat the partition yet if the parcener that hath the less part in value hath issue and dieth, the issue may disagree to the partition and enter and occupy in common that other part that is allotted to her aunt and so the aunt may enter and occupy in common the other part allotted to her sister as no partition thereof had be made. etc.  
¶ Also if two parceners of tenements in fee take husbands and they and their husbands make partition between them if the part of the one be less in yearly value than the part of that other during the lives of the husbands the partition shallbe in his force and strength yet after the death of the husband the wife that hath the less part. etc. the same wife or woman may enter in her sister's part as it is aforesaid and defeat the partition, but if the partition so made between them were such that at time of lotment were equal of yearly value than it may not after be defeted in such cases.  
¶ Also if there be ii ꝑceners and the younger of them be within the age of xxi year and partition is made between them, so that the part that is allotted to the younger is less in value then the part of that other. In this case the younger during the time of her nonage and also when she cometh to full age of xxi, year may enter in the portion of her sister allotted, etc. and defeat the partition but such a parcener aught to take heed when she cometh to full age that she ne take to her own use all the profits of that tenements to her allotted, for that she agreeth to the petition of such age, in which case the partition shall stand and abide in his force and strength etc. but para●iture the profits of the half she may take, leaving the profits of the other half to her sister. etc. yet it is to wit that when it is say't males and females be of full age, that shall be understanded of the age of twenty year for if any feoffment or grant relese confirmation obligation or any other writing before any such age be made by any of them. etc. or that any 〈◊〉 in such age be bailiff or receiver with any 〈◊〉 etc. all for naught and may be avoided. Also a man before such age shall not be sworn in 〈◊〉 jury nor no inquisition. Also if tenements be given to a man in the tail which hath of much land in fee simple and hath issue two daughters and dieth, and the daughters ma●e partition between them, so that the lands or fee simple be allotted to the younger daughter in allowance of the tenements tailor, allotted to the elder daughter, if after such partition the younger daughter alyeneth the la●… in fee simple to another in fee, and hath issue, a son or a daughter and dieth the issue may enter in the tenements tailed and them to hold in propartye with their Aunt, and this is for two causes, one is for that, that the issue may have no remedy of the land aliened by his mother for that the land was to her in fee simple, and in so much that he is of the heirs in the tail, and hath nothing recompensed of that that to him belongeth of the tenements tailed, and namely when such partition maketh no discontinuance of the tail as shall be said hereafter in the chapter of discontinuance. But the contrary is holden. M. x. H. vi. that is to say that they ●aye not enter upon the parcener that hath his land tailed, but is set to his formedon. Another cause is for that, that it shall be arec●ed the folly of the elder sister, that she would ●gree to the partition where she might have and half the land in fee simple and half of ●enementes in the tail for purparty and so to ●e sure without damage. etc. Also if a man seized in a plough land by just tail and ●ereaseth an infant within age of an●ther plough land and hath issue two daughters, and dieth seized of both those tough lands, the enfaunt than being with 〈◊〉 age, and the daughters enter and make partition that the one plough land, is lotted 〈◊〉 the purparte of the one as percase to younger sister in allowance of that other plough land that allotteth to the purparte of that other, so that after the infant entereth in the plough land of the which he was deceased upon the possession of the parcener that hath the same plough land, than th● same ꝑcener may enter into that other plough land that the sister hath and holdeth in parcenary with her, but if the younger sister alie● the same plough land to another in fee simple before the enter of the infant, and after the child entereth upon the possession of th● alien than she may not enter in the other plough land, for this that by her alienation ●… hath utterly dismissed herself to have any p●… of the tenements as parcener, but if the yo●…ger sister before the enter of the infaunt ma●… thereof a lease for term of years or for terme● life or in fee tail saving the reversion to h● and after the child entereth, there peradventure it is otherwise, for this that she dismiss not herself of all that, that was in her, ●… hath reserved to her the reversion and thei● simple. etc.  
¶ Also if there be three or four parcener that make partition between them, if the pa● of the one parcener be defeted by such lawful entre she may enter and occupy the same oth●… lands of all the other parceners, and comp● them to make new partition of the other lands between them. etc.  
¶ Also if there be two parceners, and th● one taketh an husband, and the husband a● the wife have issue between them, and the wife dieth, & the husband holdeth him in the half as tennt by the courtesy. In this case the ꝑcener that surviveth & the tenant by the courtesy may well make partition between them. etc. And if the tenant by courtesy will not agree to make partition, than the parcener that surviveth may have a wryt de participacione facienda. etc. and compel him to make partition. But if the tenant by the courtesy will have partition between them, and the parcener that surviveth will not have it then the tenant by the courtesy shall have no remedy for to have partition for he may not have a wryt de participacione facienda, for this that he is not parcener, for such a wryt lieth for parceners all only. And so may ye see that the writ de par●icipatione facienda lieth against tenants by the courtesy, and yet himself may not have ●uch a writ.   

¶ Parceners by the custom. Cap. two.  
PArceners by the custom be where a man 〈◊〉 leased in fee tail of lands or tenements ●hat be of the tenure called Gavelkind with ●n the shire of kent, & hath issues divers sons ●nd dieth, such lands and tenements shall ●yscende to all the sons by the custom, and ●hey evenly shall inherit and make party●on between them by the custom as fe●les do, and a writ de participatione faciē●yeth in this case as between females, but it behoveth in the declaration to make mention of the custom. Also such custom is in other places in England and also such customs is in north wales.  
¶ Also there is an other partition that i● of another nature, and in another form the● any of the partitions aforesaid, as a man●e● seized of certain lands in fee simple hath issue two daughters, and the elder is married, 〈◊〉 the father giveth parcel of the same lande● to the husband with his daughter in fran● marriage, and dieth seized in the remena●… the which remnant is of more greater value by year then be the lands given in fra● marriage.  
¶ In this case the husband and the wy●… shall have nothing for their part of the said remnant, but if they will put their lande● given in frank marriage in hodge-podge with th● remnant of the land with her sister, a● if they will not do so, than the younger life may occupy the same remnant, and take ● her the profits only, and it seemeth that th● word hodge-podge is in English a Pudding, 〈◊〉 in such a Pudding is not commonly put an● only thing, but one thing with another an● for this that it behoveth in such case to 〈◊〉 the lands given in frank marriage with th● other lands in hodge-podge if the husband a● the wife will have any thing in the oth● remennt. etc. This word hodge-podge is but a fa● of similitude, & is as much to say as to put 〈◊〉 lands given in frank marriage & other lands in fee simple. etc. together, & this is to such intent to account the value of all the lands that is to say, of the lands given in frank marriage & the remanant that was not given and than partition shall be made in this form that ensueth. As put case that a man seized of xxx acres of land in fee simple every acre in value xii d. by the year which hath issue .2. daughters. and the one is covert baron, & the father giveth ten acres of the xxx. acres to the husband saith his daughter in frank marriage & dieth ●eased of the remnant, than the other sister shall enter in the remnant, that is to say in the twenty acres and shall occupy it to her own use, except the husband and the wife will put their ten acres even to them in frank marriage with the other twenty acres in hodge-podge, that is to say together and than when the value is known of every acre, that is to say, every acre is yearly worth xii d. then the partition shallbe made in such form, that is to say, that the husband and the wife shall have above the ten acres given to them in frank marriage v. acres in severalte of the twenty acres and that other sister shall have the remnant, that is ●v. acres of the twenty acres for her part so that accounting the ten acres that the husband and ●he wife had in frank marriage, and the other ●. acres of the twenty acres, the husband & the wife have as much in yearly value as that other si●ter hath, & so always upon such ꝑtition the lands given in frank marriage abide to the doners o● to their heirs. etc. after the form of the gift. 〈◊〉 For if the other parcener should have nothing of this the is given in frank marriage, of this should follow an inconvenience & a thing against reason which the law will not suffer. etc. and the cause why the lands given in frank marriage shallbe put in hodge-podge is this, that when a ma● giveth lands and tenements in frank ma● age with his daughter or with his other coosyn, it is to understand by the law that such gift made by such words frank marriage ● an auncyment of his daughter or or of his coosyn, and namely when the donor & his heir● shall not have any rent nor service of him except fealty unto the fourth degree be pa●… etc. and for such cause the law is that she 〈◊〉 have nothing of the other lands and tenements descended to the other parceners. ● but if she will put the tenements given in fr●̄●… marriage in hodge-podge as is aforesaid and if h● will not put the lands given in frank marriage in hodge-podge, than she shall have nothing in th● remanant for this that it shallbe understand i● the law that she is sufficiently advanced t● which advancement she agreeth and holdeth her content, and the same law is in this ma●ter between the dones in frank marriage a●… the other parceners as to put in hodge-podge▪ etc. the same law is between the heirs of the donees in frank marriage and the parcener● etc. if the donees in frank marriage die before their ancestors or before such partition. etc. as to put in hodge-podge. etc. And note well that gifts in frank marriage was the common law before the statute of weslmynster the second, and always after so hath been used and continued. etc.  
¶ Also such putting in hodge-podge. etc. is where lands or tenements that were given in frank marriage descend fro the donors in frank marriage all only for if the lands descend to the daughters by the father the donor, or by the mother the donor, or by the brother the donor or other ancestors & not by the donor etc. there it is otherwise, for in such case she to whom such gift in frank marriage is made shall ●aue her part as if no such gift in frank marriage had been made, for this that she was ●ot advanced by him. etc. but by another.  
¶ Also if a man seized in xxx acres of ●a●de every acre of even yearly value having ● issue two daughters as it is aforesaid, and giveth of this to the husband of the daughter xu acres in frank marriage, and dieth sea●ed in the other xu acres, in this case that o●her sister shall have the xu acres so dyscen●ed to her only, and the husband & the wife ●al not put in such case the xu acres to him even in frank marriage in hodge-podge. etc. for this ●at the tenements given to him in frank marriage be of as good yearly value as the o●er lands descended. etc.  
¶ For if the lands given in frank marriage were of as even value as the remnant or ● more value, then in vain and to none enter such lands given in frank marriage shal● put in hodge-podge. etc. for this that she may h●… nothing of the other lands descended. etc. f● if she should have any parcel of the other land descended then should she have more in year value then her sister. etc. which the law v● not. etc. And as it is said in the cases afo●…sayd of two daughters or two parceners, 〈◊〉 the same manner and in like cases is, wher● be more sisters after that as the case & the ●…ter is. etc. And it is to weet that lands a● tenements given in frank marriage shall ● be put in hodge-podge but with the lands dy●ded in fee simple, or of lands descended in tail partition shallbe made as if no such 〈◊〉 in frank marriage had be made. Also no land● shallbe put in hodge-podge with other, but land● that be given in frank marriage all only. f● if any woman have any other lands or te●mentes by any other gift in the tail shall ●uer put such land so given in hodge-podge. etc. ● she shall have her part of the remnant, ●…cended. etc. that is as much as the other p●cener shall have of the same remanant.  
¶ Also another partition may be 〈◊〉 between parceners that varieth father partitions aforesaid, as if th● be three parceners and the youngest wo● have partition, and the other two wou● not, but will hold in parcenary that that to them belongeth without partition. In this case if one part be allotted in severalte to the youngest sister after that that she ought to have, than the other may hold the remnant in parcenary and occupy in common without partition if they will, and such partition is good enough. And if after the elder and middle parcener will make partition between them of that that they held, they may well do so when they please. But where partition shallbe made by force of a wryt de participatione faciend etc. there otherwise it is, for there behoveth it that every parcener have his part in severalte etc. Moore shallbe said of parceners in the Chapter of jointenants and also in the Chapter of tenants in common. etc.,   

joyntenantes. Cap. 3.  
Ioyntenantes' be as a man seized of certain lands or tenements etc. & thereof hath enfeoffed two or three or four, or more, to have and to hold to them and to their heirs, or to have and to hold to them for term of their lives, or for term of another's life, by force of which feoffment they be seized, such be jointenants.  
¶ Also if two or three disease another of any lands or tenements to their own use, than the dysseisours be jointenants. But if they dysseyse another to the use of one of them, them be they no jointenants, but he to whom the use of the disseisin is made sole tenant, & the other have nothing in the tenancy but be called coadjutors to the disseisin etc. And note well that disseisin is properly where a man entereth into any lands or tenements where his entre is not l●…ful, & putteth him out that hath the frank tenement etc. And it is to weet that the nature of jointenancy is that he that surviveth shall have only th● hole tenancy after such estate as he hath if th● jointure be continued etc. As if iii ioyntenāt● be in fee simple & the one hath issue & dieth, y● they that survive shall have the tenements ho●… and the issue shall have nothing. And if the s●cond jointenant have issue & die, yet the thy● that surviveth shall have the tenements ho●… & shall have them in fee simple to him & to hi● heirs, but otherwise it is of parceners. F●… if iii parceners be, & before any partition th● one hath issue & dieth, that that to him belongeth shall dyscend to his issue & if such a p●…cener die without issue, then that, that to 〈◊〉 belongeth shall descend to her heirs, so th●… they shall have this by descent & not by the s●…uyuour as jointenants have etc. & as the s●…uyuour holdeth place among jointenantes 〈◊〉 in the same manner he holdeth place among th● that have joint estate or possession with other of cattle royal, or cattle parsonal. As if a lea●… of lands or tenements be made to many f●… term of years he that surviveth of the lesse● shall have the tenements hole to him during the term by force of the same lease. And 〈◊〉 any horse, or other cattle personal be given to many more, he that surviveth shall have them to himself.  
¶ In the same manner it is of debts & duties etc. For if an obligation be made to many for one duty, he that surviveth shall have all de● & so it is of all other covenants & contracres.  
¶ Also some jointenants may be that may have joint estate and be jointenants for term of their lives and yet they have several inheritances. As the lands be given to two men and to the heirs of their two bodies engendered. In this case the donees have joint estate for term of their two lives and they have several inheritance. For if the one of the donors have issue & die, the other that surviveth shall have all by the survivor for term of his life. And if he that surviveth hath also issue, and die, that the issue of the one shall have the half of the land, and the issue of the other shall have the other half of the land, and they shall hold the land between them in common, and be not joint tenants but tenants in common .. And ●he case that such donees in such cases have joint estate for term of their lives, is this, for this, that at the beginning lands ●ver given to them two, which words without ●…ore saying make a joint estate to them for time of their lives. For if a man will let land to another by deed or without deed, not making mē●ō what estate he hath, & of this maketh ●iuere of seisin. In this case the less shall hau● estate for term of his life, and so in so much that the lands were given to them, they hau● a joint estate for term of their lives: and th● cause why they have several inheritance 〈◊〉 this, in so much that they cannot by possibility have an heir between them engendered as a man and a woman may have. etc. then th● law will that their estate and their inheritance shallbe such as reason will after th● form and effect of the words of the gy●… and that is to the heirs that the one enge●dreth of his body by any of his wives, 〈◊〉 the heirs that the other engendereth of 〈◊〉 body by any of his wives. et cetera. 〈◊〉 ●t behoveth by necessity of reason that they 〈◊〉 have several inheritance. And in such case if the issue of one of the donees after the de●… of the donees die so that he hath no issue of live of his body engendered, than the don●… or his heir may enter in the half as in hy● reversion, though the other of the don●… hath issue alive etc. And the cause is, for 〈◊〉 much that the inheritance be severed. etc. t●… reversion in the law is severed etc. & the favour of the issue of the other shall hold no pi●… to have the hole, & so as it is said of males in same manner it is where land is given to ii males & to the heirs of their ii bodies bega●  
¶ Also if land be given to two females a●… to the heirs of one of them, this is a go● jointure, and the one hath a freehold, and th● other hath fee simple, & if he that hath the fee die he that hath the free hold shall have the hole by the survivor for tme of life. In the same manner it is where tents be given to two, & to the heirs of the body of one of them engendered, the one hath free hold, and the other fee tail. Also if two jointenants be seized of estate of simple, and the one granteth a rend charge by his deed to another out of that, that to him belongeth etc. In this case during the life of the granntor, the rend charge is effectual. But after his decease the rend charge is void as to charge the land, for he that hath the land by the survivor shall hold all the land discharged. And the cause is, for this that he that surviveth claimeth to have the land by the survivor. etc. and not by descent of his fellow. etc. But otherwise it is of parceners, for if there be two parceners of tenements in fee simple, and before any partition the one chargeth that, that to him belongeth by his deed of a rend charge etc. and dieth without issue, and that that to him belongeth descendeth to the other parcener. In this case the other ꝑcener shall hold the land charged &c. for this that be cometh to the half by descent as heir etc.  
¶ Also if there be two jointenants in fee simple within one borough where the lands and tenements within the same borough be devisable by testament, if the one of the said jointenants devise that, that to him belongeth by testament etc. and die, this devise is void. And the cause is for this that no devise may take effect but after the death of the devisor. And for this that by his death all the land incontinent cometh by the law to his fellow that surviveth by the survivor which ne claimeth nor hath nothing in the land, by the devise but in his own right by the survivor after the course of the law etc. for tha● 'cause such devise is void.  
¶ But otherwise it is of parceners seized of tenements devisable in such case of devise etc. Causa qua supra. Also it is commonly said that every jointenant is seized of the land that he holdeth jointly etc. through and by all. And this is as much to say that he is seized by every parcel and by all etc. and this is true, for in every parcel and by each parcel, and by all the lands and tenements he is jointly seized with his fellows etc.  
¶ Also if ii jointenants be seized of certain lands in fee simple, & that one letteth that, that to him belongeth to a stranger for ter● of ix year & dieth within the term. In this case after his disseas the lessee may enter and occupy the half to him let during the term etc. though the lessee never had possession of ●… in the life of the lessor by force of the lessee etc. And the diversity between the cause of the grant of a rend charge & this case is this. For in the grant of a rend charge by a ioyntenan●… the tenants abide always as they were afore without that, that any hath any right to have parcel of the tenements, but themselves & the tenements abide in such plight as tkey were before the charge etc. But where a lease is made by a jointenant to another for term of years etc. incontinent by force of the lease the lessee hath right in the same land, that is to say of all that that to his lessor belonged▪ and to have that by force of the same less during his term etc. & this is the diversity etc.  
¶ Also jointenants if they will, may make partition between them and the partition is good enough, but they shall not be compelled by the law to do it, but if they will make partition of their proper will, and agreement, the partition shall stand in his strength. P. iii E. quarti.  
¶ Also if a joint estate be made of land to the husband and the wife, and to the third parson, in this case the husband and the wife have not in the law in their right but the half etc. And the third parson shall have as much as the husband and the wife hath, that is to say, the other half etc. And the cause is for that the husband & the wife be but one person in the law, & be in like case as if estate be made to ii jointenants, where the one hath by force of jointure the one half & the other the other half. In the same manner is where estate is made to the husband & the wife & to other two men, in this case the husband and the wife have not but the third part, and the other ii men the other ii parts etc. Causa qua supra. Moore shallbe said of them attouching jointenancy in the Chapter of tenants in common tenant per Eiegit, and tenant by statute merchant.   

¶ tenants in common. Ca 4.  
tenants in common be they that have lands & tenements in fee simple, fee tail, or for term of life. etc. which have such lands and tenements by several title, & not joint title, and none of them know that, that is several to him. But they aught by the law to occupy such lands and tenements in common, and undivided to take the profits in common. And because that they come to such lands and tenements by several titles and not by one self joint title, and their occupation & possession shallbe by the law to be among them in common, they be called tenants in common, as if a man enfeoff two jointenants in fee and the one of them alieneth that, that to him belongeth to another in fee, now the other jointenant and the alyene be tenants in common, for this that they be seized in such tenements by several titles, for the alyene cometh in the half by the feoffment of the jointenant, and the other jointenant hath the other half by force of the first feoffment made to him and to his first fellow, and so they be in by several titles, and by several feoffementes etc. And it is to wit that when it is said in any book that a man is seized in fee, without more saying. It shallbe understand fee simple, for it shall not be understand by such word in fee, that a man is seized in fee tail, except that there be put thereto such addition that is to say fee tail.  
¶ Also if three jointenants be, and the one of them alieneth that, that to him belongeth to an other in fee. In this case the alyene is tenant in common with the other two join tenants. But yet the other two jointenants be seized of the two parties jointly, and of these two parties the survivor between them holdeth place. etc.  
¶ Also if there be two jointenants in fee, and the one giveth that, that unto him belongeth to an other in the tail, the donee & the other jointenant be tenants in common etc. But if the lands be given to two men and to the heirs of their two bodies engendered the donees have joint estate for tme of their lives, and if each of them have issue and die, their issues shall hold in common etc. But if lands be given to two abbots, as to the abbot of westminster, and to the abbot of. S. Albon, to have and to hold to them and to their successors, in this case they have incontinente at the beginning estate in common, and not joint estate. And the cause is for this, that every abbot or other sovereign of an house of religion before that he be made abbot or sovereign, was but a dead man in the law. And when he is made abbot he is as a man parsonable in the law, alonely to purchase and to have lands and tenements and other things to the use of his house and not to his own proper use, as other secular men may, And for this in the beginning of they● purchase they be tenants in common. And 〈◊〉 the one of them die, the abbot that surviveth shall not have all by the survivor but the successor of the abbot that dieth, shall hold the half in common with the abbot that surviveth etc.  
¶ Also if lands be given to an abbot & to a secular man to have and to hold to them, that is to say to the abbot and his successors, and to the secular man, to him & to his heirs the● have estate in common. Cansa qua supra.  
¶ Also if lands be given to two men to have & to hold, the one half to the one & to his heirs, & the other half to the other, and to hy● heirs they be tenants in common etc.  
¶ Also if a man seized of certain lands enfeoffeth another in the half of the same lande● without any speech or assignment or limitati●… of the same half in severally at the time of the feoffment, them the feoff & the feoffor shall ho● the parties of the sand in common. And in the same manner as is aforesaid of tenants in common 〈◊〉 lands or tenements in fee simple or fee tail In the same manner may it be said of tenant●… for term of life. As the two jointenantes' i● in fee, & the one letteth to a man that, that unto him belongeth for term of life, and the other jointenant letteth that, that to him belongeth to an other for term of life these two lessees be tenants in common for term of their lives etc.  
¶ Also if a man let lands to ii men for term of their lives, & the one granteth all his estate of that, that unto him belongeth to another etc. than that other tenant for term of life, & he to whom the grant is made be tenants, in common during the time that both lessees be alive.  
¶ And it is to be remembered that in all other such cases though that they be not here expressly named or specified, if they be in like reason they be in like law.  
¶ Also there be two jointenants in fee, and the one letteth that, that unto him belongeth to an other for term of life during his life & the other tenant that did not let, be tenants in common. And upon this case a question may rise as this, Put the case that the lessor hath issue & dieth, leaving the other jointenant his fellow, & living the tenant for tme of life, the question may be such, if the reversion of the half etc. the the lessor hath, shall descend to the ●ssue of the lessor, or the the other jointenant shall have it by the survivor. And some have said in this case, that the other jointenant shall have the reversion by the survivor, and their reason is such, when the jointenants were jointly seized in fee simple etc. though the one of them made estate of thee, that unto him belongeth for term of life, & though that he hath thereof ●ranktenement of that, that to him belongeth by the lease, yet he hath not severed the fee simple. But the fee simple abideth to him jointly as it is was before. And so it seemeth unto them that the other joint tenant the surviveth, shall have the reversion by the survivor etc. And other have said the contra●…, and this is their reason when one of the joy letteth this that to him belongeth to another for term of his life, that by such lease the franktenement is severed from the jointure. And by the same reason the reversion that is dependent unto the same franktenement, is severed from the jointure. Also 〈◊〉 the lessor had reserved to him a yearly re●… upon the lease, the lessor only shall have the rent. etc. The which is a proof that the re●…cion is only in him, & that the other hath nothing in the reversion etc. Also if the tent for tme 〈◊〉 life were inspleded etc., & made default after default, than the lessor shallbe only of this received to defend his right, and his felow●… in this case in no manner shallbe received, wh●… proveth that the reversion of the half is only in the lessor. And so by consequens, if the lessor die living the lessee for term of life the reversion shall descend to the heirs of th● lessor etc. and not come to the other jointenant by the survivor. Ideo quere. But 〈◊〉 this case if the jointenant that hath the franktenement have issue and die, living the lessor and the lessee, than it seemeth that the issue shall have the half in his demesne as ●… see by descent for this that the franktenement may not by nature of the jointure be annexed to a reversion etc. And it is certain that he the letteth, was seized of the half in his demesne as of fee, and none shall have any jointure in his franktenement. Ergo this shall descend to issues. Sed quere. But if it be thus, that the law in this case is such, that if the lessor die, leaving the lessee, and leaving the other jointenant that hath the franktenement of the other half, that the reversion shall descend to the issue of the lessor, then is the jointure and the title that any of them may have by the survivor by the right of the jointure annulled and all utterly defected for ever.  
¶ In the same manner it is if the jointenant that hath the franktenement die, leaving the lessor and the lessee, if the law be such that his franktenement and fee that he hath in the half shall descend to his issue, than the jointure shallbe defeted for ever etc.  
¶ Also if three jointenants be, and the one releaseth by his deed to one of his fellows all the right that he hath in the land, then hath he to whom the release is made the third part of the lands by force of the release and he and his fellow shall hold the other two. partis jointly. And as to the third part that he hath by force of the release, he holdeth the third part with himself, & his fellow in common.  
¶ And it is to wit that sometime a deed of release shall take effect and shall be in ure to put the estate of him that made the release, t● him to whom the release is made, as in the case aforesaid.  
¶ And also if a joint estate be made to the husband & his wife, and to a third parson, & the third person releaseth his right that he hath. etc. to the husband, them hath the husband the half that the third parson had, & the wife of this hath nothing. And if in such case the third release etc. to the wife not naming the husband in the release, them hath the wife the half that the third parson had. And the husband had nothing of this, that in right of his wife, for this that in such case the release shall enure to put the estate to him to whom the release is made of all that, that belonged to him that made the release etc. And in some case a release shall en●ure to put all the right that he hath that made the release to him, to whom the release is made. As a man seized of certain lands and tenements, is disseised by two dysseysoures, if the dysseisy by his deed release a●…hy● right et cetera. to one of the dysseissours, than he to whom the release is made, shall have and hold all the tenements to his only, and put out his fellow of every occupation of it. And the cause is for this that the two disseisours were seized in the tenements by wrong by them done against the law. And when one of them happeth the release of him that had right to enter etc. This right in such case resteth in him to whom the release is made, and is in such plight as if he that had the right had entered and enfeoffed him etc. And the cause is for this that he that hath before had an estate by wrong that is to say by disseisin now by the release a rightful estate.  
¶ And in some case a release shall entire by way of extinguishment & in such case such release shall help the jointenant to whom the release was not made as well as him to whom the release is made. And if a man be disseised & the disseisor maketh a feoffment to ii men in fee if the disseise release to one of the feoffours in fee by his deed than such release shall enure to both the feffees for this that the feffees have estate by the law that is to say by the feoffment & not by wrong done to any other.  
¶ And in the same manner is, if the disseisor make a lease to a man for term of life, the remaindre over to an other in fee if the disseisi release to the tenant for term of life all his right etc. This release enureth as well to him ●n the remaindres to the tenant for tme of life etc. And the cause is for this the tenant for tme of ●…fe cometh to his estate by the course of the ●aw. And for this the release shall enure & take effect by way of extinguishment of the tight of him that hath released etc. And by this release he tenant for term of life hath no great estate than he had before the release made unto 〈◊〉, & the right of him that released is all uterip extinct. And in so much that such release cannot enlarge the estate of the ten● for term of life it is reason that the release shall enure to him in the remainder etc. Moore shallbe said of releases in the Chapter of release.  
¶ Also if there be two parceners, and the one alyeneth that unto him belongeth to another, than the other parcener and the alien be tenants in common.  
¶ Also tenants in common may be by tithe of prescription, if the one and his ancestors or they that whose estate he hath in the ha●… have holden in common, the same half with the other tenant that hath the other half and with his ancestors or them whose estate he hath at undivided fro time whereof no memory runneth etc. And divers other manners may make and cause men to be tenanted in common that be not here expressed.  
¶ Also in some case tenants in common aught to have their possession several actions, 〈◊〉 in some case they shall join in one action. F●… if there be two tenants in common and th●… be disseised, they aught to have against th● dysseisour two assizes and not one assize, fore ner●e of them aught to have an assize of 〈◊〉 half etc. and the cause is for this the tenants in common were seized by several titles, b● otherwise it is of jointenants. For if the● be twenty jointenants and they be dysseised. th●… shall have in all their names but one asp●… because that they had but one joint title.  
Also if there be three jointenants and one releaseth to one of his fellows all the right that he hath and after the other two be deceased of the whole. etc. in this case the other shall have several assizes in this form, the is to say they shall have in both their names one assize of the two parts etc. for this that they held the two parties jointly at the time of the disseisin. And as to the third part, he to whom the release was made aught to have thereof an assize in his own name, for this that as to the third part he is tenant in common etc. for this that he came to the third part, by force of the release and not only be force of the jointure.  
¶ Also as to sue actions that toucheth the royalty, there is diversity between parceners that be in by divers discentes, and tenants in common. For if a man sealed of certain lands in fee have issue two daughters and ●ye and they enter. etc. and each of them hath issue a son and die without partition made between them by which the one half descendeth to the son of the one parcener, and the other half descendeth to the son of the other parcener. and they enter and occupy in coa●… and be deceased, in this case they shall have in their two names one assize and not two assizes. And the cause is, that though they come ●… by divers discentes. etc. yet they be ꝑceners & a writ de participatione facienda lieth between them. And they be not ꝑceners having regard or respect only to the seisin and possession fro their mothers, but they be parceners having more respect to the estate that descended from their grandfather to their mothers. For they may not be parceners where their mothers were not parceners before. etc.  
¶ And so to such respect & consideration, that is to wit as to the first descent that was to their mothers they have a title in parsonary, the which maketh them parceners. And also they be but as one heir to their common ancestor that is to say, to their grandfather from whom the land descended to their mothers. And for these cases before partition between them, etc. they should have one assize though they co● in by several discentes. etc.  
¶ Also if there be two tenants in common of certain lands in fee, & they gave the same land to another man in the tail, or let it to another man for term of life, yielding an amnuitye or certain rent, and a pound of pepper or an hawk, or an horse, and they been seized of these services and after all the rent is behind, and they distrain for it, and the tenan●… maketh them rescous.  
¶ In that case as to the rent and the pound of pepper, they shall have two assize, and as to the hawk and the horse but one assize, and the cause why they have two asyses as to the rent and pound of pepper of this, in so much that they were tenants, in common by several titles and when they made a gift in the tail or lease for term of life. etc. saving to them the reversion & yielding to them certain rent. etc. Such reservation is incident to their reversion.  
¶ And for this that their reversion is in common and by several titles, as their possession was before their rent, and other things that may he severed and were to them reserved upon the gift or upon the lease which be incident by the law to the reversion, such things so severed was of the nature of the reversion which reversion is to them in common by several titles. And it behoveth that the rent of the pound of pepper which may be severed is to them in common, by several titles. And of this they shall have two assizes and every of them in his assize shall make his plaint of the half of the rent and of the half of the pound of pepper. etc.  
¶ But of the hawk and the horse which cannot be severed, they shall have but one assize for a man may not make a plaint in assize of the half of an hawk or of the half of an horse. etc. In the same manner it is of other rents and services that tenants in common have in gross by divers titles.  
¶ Also as to actions parsonels, tenants in common aught to have such actions parsonels jointly in all their names, that is to say of Trespass, or of offences that touch their tenants in common. As of breaking of their houses, breaking of their closes, and pastures wasting & defouling of their grass, cutting of their wood and to fish in their ponds and such other. In this case tenants in common shall have one action jointly & recover jointly damages because that the action is in the parsonaltie and not in the realty.  
¶ Also if two tenants in common make a● lease of their two tenements to another for term of years yielding unto them yearly a certain rent if the rent be behind. etc. the tents shall have one action of det against the lessee and not divers actions for that the action is in the parsonaltie.  
¶ Also tenants in common may make partition between them if they will thought they shall not be compelled by the law. But if they make partition between them by they● agreement and assent such partition is good enough, as it is adjudged in the book of assize. P. 3. E. 4.  
¶ Also as there be tenants in common of lands or tenements. etc. as is aforesaid. In the same manner there be possessions and proparties of chatel real and chatel parsonal. As if a lease be made of certain lands to two men for term of twenty years, and when they ●…ther of possessed, the one of the leases granteth that, that unto him belongeth before the term to another than he to whom the grant is made and the other shall hold and occupy in common.  
¶ Also if two jointenants have the ward of the body & of the lands of the child within age and that one of them granteth to another that, that unto him belongeth of the same ward than the grant and the other that granteth not shall have and hold it in common. etc.  
¶ In the same manner it is of chattels parsonels as if two have a joint estate by gift or by buying of an horse or an ox. etc. the one of them granteth that that to him belongeth of the same horse or ox. etc. Than the grant and he that granted not shall have and possess such chatel parsonell in common. etc. And in such cases where divers parsons have chattels reals or parsonels in common and by divers titles, if the one of them die, the other that surviveth shall not have that by the survivor. But the executors of him that dieth shall hold & occupy that with him the surviveth as their testator did or aught in this life. etc. for this that their titles and right in this case ●…er several,  
¶ Also in this case aforesaid if two have estate in common for term of years & the one occupy all and put the other out of his possession and occupation. Than shall he that is put out of occupation have against that other a ●warde e●ectione firm for the half against the other. In the same manner it is where two hold the ward of lands or tenements du●yng the nonage of a child, if one put out the other of his possession, he that is out shall have a writ of ejectment de guard of the half ●o● this that those things be Chatels reals, and may be apporcioned and severed. etc. But no such action of trespass, that is to say. Quadclausum suum fregit et herbam suam concu● cavit & consumpsit. etc. And such like accion● the one may not have against the other, for thy● that each of them may enter and occupy in common. etc. through and by all the tenemente● which they hold in common. But if two be possessed of chattels parsonels in common by divers titles, as of an horse or an ox or a bow● if the one take it all to himself out of the possession of the other, the other hath none other remedy but to take this of him that hath do● to him the wrong for to occupy in common 〈◊〉 he may see his time.  
¶ In the same manner it is of chatell rea● that may not be severed as the case aforesaid two be possessioners of a ward of the body ● a child within age, if one take the child 〈◊〉 of the possession of the other, the other hath ● remedy by any action by the law but to take the child out of the others possession whē●…seeth his time. etc.  
¶ Also when a man in pleding will she● a deed of feoffment made unto him, or a g●… in the tail, or a lease for term of life of a● lands or tenements, there he shall say 〈◊〉 force of which feoffment gift or lease he 〈◊〉 seized. etc.  
¶ But where a man will plead a lease or a 〈◊〉 made unto him chatel real or parsonal, there●… 〈◊〉 say perforce of which he was possessed Moore shallbe said of tenants in common in the chapter of releases, confirmations & tenants ●…ar elegit.   

¶ Estates upon a condition. Capi. v.  
EStates that men have in lands or tenements ● be in two manners. That is to say, they have estate upon condition in deed or upon condi●ion in law. Upon condition in deed is, as a man by deed indented enfeoffeth another in fe ●eseruing to him and to his heirs yearly a certain rent payable at one feast or at diuns feasts ●ypere, upon condition that if the rent be be●ynde. etc. that it shallbe lawful to the feoffor ●nd to his heirs to enter into the lands or ●enementes. etc.  
¶ Or if the land be aliened to another in 〈◊〉, to yield unto him certain rent. etc. And if ●hap that the rent be behind by a week after any day of payment of it, or by month, or by a half year after any day of payment, that than it shallbe lawful the feoffor and to his hyres to enter. etc.  
¶ In this case if the rent be not paid at such a time, or before such a time limited and ●…cisyed within the condition comprised in the adventure than may the feoffor or his heirs en●…r into such lands or tenements, & them in his ●…st estate to have and to hold, and of his to ●uite the feoffee clean out, and it is called estate upon condition, for this that the estate of the feoff is defensible if the condition he not performed.  
¶ In the same manner it is if lands be given in the tail, or let for term of life, or for term of years, upon such condition. etc. But where a feoffment is made of certain lands reserving certain rent upon such condition that if the rent be behind that it shallbe law full to the feoffor and his heirs to enter, & the land to hold till they be satisfied or paid of their rent behind. etc. In this case if the rent be behind and the feoffor and his heirs enter, the feoff is not excluded cle●… out. But the feoffor shall have and hold the land and take the profits till that he be satisfied of the rent behind. And when he is satisfied, the feoff may re-enter in the same lā● and hold it as he did before, for in such case the feoffor shall have it, but in manner for a distress in the mean time, till he be satisfied of the rent. etc. shall take the profits in the mean time.  
¶ Also divers words among other there be that by virtue of themselves make estate vyl condition. One is this word of condition as A enfeoffeth B. of certain land to have a● to hold to the same. B. and his heirs upon condition that the same B. and his heirs shall pay or do to be paid to the foresaid. A. and to his heirs yearly such rent. etc. In this cases without any more saying the feoffee hath estate upon condition. Also if the condition we● such. Provided always that the aforesaid B. pay or do to be paid to the aforesaid A. such rent. Or if they were thus, so that the aforesaid B. pay or do to be paid such rent. In these cases without any more saving the feoffee hath estate but upon condition, so that if he perform not the condition the feoffor and his heirs may enter. etc.  
¶ Also other words there be in a deed that causeth the tenants to be condicioneiss, as upon such a feoffment a rent is reserved to the feoffor. etc. and after it is put in deed that if at chance the aforesaid rent to be behind in part or in all. etc. that than it shallbe lawful to the feoffor and to his heirs to enter. And this is a deed upon a condition. But there is diversity between these words if it chance. etc. and the words next aforesaid. For this word if it chance. etc. is naught worth to such condition, but if it have these words following, that is to say, that it shallbe lawful to the feoffor and to his heirs to enter. etc. But in these cases aforesaid it needeth not by the law to put such clause, that is to say, that the feoffor and his heirs may enter. etc. for this that they may so do by force of the words aforesaid, because they conceive to themself in the law a condition, that into say, that the feoffor and his heirs may enter. Yet it is commonly in all such ●…es aforesaid to put such clauses in the deeds, that is to say, if the rent be behind. etc. that it shall be lawful to the so●… feoffor and his heirs to enter. etc. And thy● is well done to that intent for to declare and express to the lay men that be not learned i● the law, the manner and the condition of the feoffment. etc. As a man seized of land as of franktenement, let the same land to another by deed indented for term of years, yielding v●to him certain rent, it is used to put in the de●… that if the rent be behind at the day of payment by a month. etc. That than it shallbe la● full to the lessor to distran. etc. and yet the lessor may distran of common right for the rent behind. etc. though such words ne●wer set in the deed. etc.  
¶ Also if any feoffment be made upon 〈◊〉 condition, that if our feoffor pay at a cer●… day. etc. xx.li. of money that then the feoffor may enter. etc. In this case the feoff is called tenant in mortgage, that is asmuch to 〈◊〉 in french as mortgage, and in latin mort●…●adium, and in English a dead pledge. An● seemeth that the cause why it is called mortgage is for that, that it standeth in doubt if 〈◊〉 feoffor may pay at the day limited sucher sum or not, and if he pay not, than the la●… that is put in pledge upon condition for th● payment of the money, is gone from him 〈◊〉 ever. And so deed as to the tenant, etc.  
¶ Also as a man may make a feoffment 〈◊〉 ●ee in mortgage, so may a man make a gifts the tail in mortgage, and a lease for ter● of life, or for term of years in mortgage. And 〈◊〉 such tenants be tenants in mortgage after the state that they have in the lands, at ●etera.  
¶ Also if a feoffment be made in mortgage upon condition that the feoffor shall pay such a sum at such a day. etc. as is between them ●y their deed indented accorded and limited though the feoffor die before the day of payment. etc. yet if the heir of the feoffor pay the same sum within the day to the feoff, or ꝓ●e● him the money, and the feoffee refuseth to ●eyne it, then may the heir enter in to the ●andes. And yet the condition is if the feoffor ●y such a sum at such day. etc. and not ma●…ng mention in the condition of any payment to be made by his heir. But for this that the heir hath interest of right in the condition. 〈◊〉 and the intent was but that the money should he paid at the day set. etc. and the feoffee hath no more damage to be paid by the heir, then though he were paid by the father, et cetera, for this cause of the heir pay the money or tendeth the money at the day set, et cetera, and the other refuseth it, he may well enter. But ●…a stranger of his own head that hath 〈◊〉 interest. etc. would tend and pay the money at the day set then the feoffee is not ●…unde to receive it etc.  
¶ And it is to be had in mind that in such ●…e where such lawful tender of the money is made and the feoffee refuseth to receive 〈◊〉 wherefore the feoffor or his heirs do enter etc. than the feoff hath no remedy to have the money by the common law, for this that it shall be erected his own folly that he refused the money when lawful proffer was made of 〈◊〉 unto him. etc.  
¶ Also if a feoffment be made in such condition, that if the feoffee pay to the feoffor a● such a day between them limited. xx.li. tha● than the feoff shall have the land to him and to his heirs and if he fail to pay the money at the day. etc. that then it shallbe lawful to the feoffor or to his heirs to enter. etc. and if a●ter before the day set, the feoffee selleth the 〈◊〉 to another, and thereof maketh a feoffment upon him in this case if the second feoff 〈◊〉 tend the sum of money at the day ●ette● the feoffor, and the feoffor refuseth it. etc. 〈◊〉 hath the second feoff estate in the land cle● without condition. And the cause is for, that 〈◊〉 second feoff had interest in the condition 〈◊〉 salvation of his tenauncy. And in this case 〈◊〉 seemeth that if the first feoff after such sale i● the land will tend the money at the day 〈◊〉 etc. to the feoffor, that shall be good enough for the salvation of the estate of the secon● feoff, for this that the first feoff was pre●… to the condition, and so the tender of any of them is good enough etc.  
¶ Also if the feoffment be made upon cond● that if the feoffor pay a certain sum of money to the feoff that then it shallbe lawful to the feoffor and to his heirs to enter. etc. In this case if the feoffor die before the day of payment, and the heir will tender to the feoff the money, such tender is voided, for this that the time within which the render ought to be made is past. For when the condition is, that if the feoffor pay the money to the feoff, this is as much to say, that if the feoffor du●yng his life pay the money to the feoffee. etc. And when the feoffor dieth then the time of the tender is past, But otherwise it is, where a day of paymnt is limited, and the feoffor byeth before the day than may the heir tender the money as it is aforesaid, for this at the time of the tender was not passed by the death of the feoffor. Also it seemeth in such case where the feoffor dieth before the day of payment if the executors of the feoffor, tender the money of the feoff at the day of payment, the tender is good enough. And if the feoff refuse this ●he heirs of the feoffor may enter. etc. And the cause is, for this that the executors represent the person of their restator. etc. And note well, the 〈◊〉 such cases of condition of paymnt of certain 〈◊〉 in gross touching lands or tenements lawful tender be once refused, he that aught 〈◊〉 pay the money is thereof assoiled and clearly ●…scharged for ever after.  
¶ Also if the feoff in mortgage before the day ●f paymnt that shallbe made unto him make his ●…ntors & die, & his heir entereth into the land as he aught. It seemeth in this case that the feoffor aught to pay the money at the day set 〈◊〉 the executors, and not to the heir of the feoffee for this that the money at the beginning belonged to the feoff in manner as a duty. And shall be understand that the estate 〈◊〉 made because of borrowing of the money the feoffee, or because of another duty. A● for this the payment shall not be made to 〈◊〉 heir of the feoff as it seemeth. But the wor● of the condition may be such that the pay● shallbe made unto the heir as if the condition were, that the feoffor pay to the feoff or to h● heirs such a sum at such a day. etc. There a●ter the death of the feoff if he die before 〈◊〉 day limited then the paymnt aught to be m● to the heir at the day set etc.  
¶ Also in such case of a feoffment in mortgage a question hath been demanded in what pi●… the feoffor is bound to tender the money to the feoff at the day set. etc. And some have se●… that upon the land so holden in mortgage 〈◊〉 this that the condition is dependent upon 〈◊〉 land, and they have said that if the feoff●… be ready upon the land to pay the money 〈◊〉 feast or day set, and the feoffee be not at t● time there, that then the feoffor is exclu● and discharged of paymnt of the money, for t● that no default was in him, but it seemeth to men that the law is contrary, & the default is i● For he is bound to seek the feoff if he be t● at any time in any manner of place within 〈◊〉 realm of England. As if a man be bound in ●n obligation of. xx.ii. upon condition indosed upon the obligation that if he pay to him to whom the obligation is made at such a day. 〈◊〉 it. that then the obligation of. xx.li. shall lose his force and shall be held for naught in this case it behoveth him that made the obligation to seek him to whom the obligation is made, ●f he be within England, and at the day set ●o tender to him the said x.ii. etc. And otherwise he forfaiteth the sum of. xx.li. comprised within the obligation, and so it seemeth in the other case etc. And though that some have said ●hat the condition is dependent upon the land ●t this is not proved that the fesaunce of the condition to be performed aught to be made upon the land. etc. Not more than if the condy●on were that the feoffor should do at such a ●ny. etc. an especial corporal service to the feast ●…t naming the place where the corporal services should be done. In this case the feoffor aught to do such corporal service at the day 〈◊〉 to the feoff in whatsoever place in England that the feoff be if he will have auaun●… of the condition. etc. And so it seemeth in 〈◊〉 other case. And it seemeth to them that it ●…albee more properly said that the estate of ●e land is dependaunt upon the condition. 〈◊〉 which is asmuch to say, that the condy●…on is dependaunt upon the said. etc. but en●…re. etc.  
¶ But if a feoffment in fee be made reserving to the feoffor an annual rent, and for d●faut of payment a re-enter. etc. in this case it ●deth not to the tenant to tender the re● wh● it is behind, but only upon the land, 〈◊〉 this that this is a rent going out of the lan● for this is rend seek. For if the feoffor b● once seized of this rent, and after he comme● upon the land. etc. and the rent is denied h● etc. he may have assize of novel disseisin, 〈◊〉 though he may enter because of the condicyo● broken yet he may choose, that is to say, to ●ter or to have an assize. And so is there d●sitie as to the tender of the rent that is go● out of the land and of tender of another 〈◊〉 in gross which is not going out of any 〈◊〉 And therefore it shallbe sure and a good th● for them that will make such feoffeme●…e● mortgage, to put and set a special place w● the money shallbe paid. And the more sp●… all that it is put the better it is for the feo● As if A. enfeoff. B. to have to him 〈◊〉 to his heirs upon such condition, that if pay to B. in the feast of saint Mychaell 〈◊〉 archangel next coming in the cathedral ch●… of s. Paul of London within .4. hours 〈◊〉 before the hour of none of the same feast at 〈◊〉 road fit of the north door within the sa● church or any other certain place within 〈◊〉 same church that than it shallbe lawful to 〈◊〉 foresaid. A. and to his heirs to enter. etc. I such case it needeth not to seek the feoffe● any other place but in the place compr● in the indenture nor to be there more longer time than the time specified in the same indenture, for to tender or pay the money to the feoffee.  
¶ Also in such case where the place of payment is limit, the feoffee is not bound to receive the payment in none other place, but in the place so limited. But yet if he receive the payment in any other place, this is good enough and as strong for the feoffor, as if the resceyt had be in the place so limited etc.  
¶ Also in this case of feoffment in mortgage, if the feoffor pay the feoffee an horse or a cup of silver, or a ring of gold, or any other such thing in full satisfaction of the money, and the other this receiveth, this is good enough & as strong as if he had received the sum of money, though the horse, or any of the other things be not the twenty part worth in value of the sum of money, for this that the other hath accepted it in plain and full satisfaction.  
Also if a man enfeoff another in fee upon condition that he and his heirs shall yield to a stranger and his heirs a yearly rend of twenty s. and if he and his heirs fail of payment of this, that then it shallbe defull to the feaffour and to his heirs to enter, this is a good condition. And yet in this case, though such a yearly rent be called an annual rend, this is not properly a rent, for if it shallbe rend, it might to be rend service, rend charge, or rend seek, & yet it is none of them, for if the stranger were seized of this & after it were to him denied, he shall never have assize of this, for this that it issueth not out of any lands, and so the stranger hath no remedy if any such perelye payment be had behind in this case, but that the feoffor and his heirs may entre etc. and yet if the feoffor and his heirs entre for default of payment, than such re● is gone forever. And so such rent is but a payment set to the tenant and to his heirs, that if they will not pay this after the form of the indenture that they shall lease their 〈◊〉 by the entry of the feoffor or his heirs 〈◊〉 default of payment. And in this case it seemeth that the feoffee and his heirs oughta to seek the stranger and his heirs if they be in England, because that no place is limited where the payment shallbe made, and because that such rent is not going out of any land etc.  
¶ And here note well ii things. One is th● no rent that is properly said rent may be rescued upon any feoffment, gift or lease, but one● to the feffor or to the lessor or to their heirs, & in no manner may be reserved to any strang● parson. But if ii jointenants make a lea●… by deed indented reserving to the one a certain yearly rend, that is good enough to him to whom the rent is reserved for this that 〈◊〉 is prive to the lease and not a stranger to th●… etc. The second thing is, that no entre or re-enter which is all one, may be reserved nor given to any parson, but only to the feoffor or to the donor or to the lessor, or to their heirs, and such entre may not be aliened nor granted to any parson. For if a man let lands to another for term of life by indenture, yielding to the lessor and to his heirs a certain rent, & for default of payment a re-enter etc. if after the lessor by a deed grasit the reversion of the land to another in fee, and the tenant for term of life attorneth etc. if the rent after be behind, the grant of the reversion may distrain for the rent, for this that the rent is incident to the reversion, but he may not enter into the land and put out the tenant as the lessor might or his heirs if the reversion had been continued in them et cetera. And in this case the entry is taken away at all times, for the grant of the reversion may not enter, Causa qua supra. And the lessor for his heirs may not enter, for if the lessor may enter. than he aught to be in his first estate etc. and that may not be, for this that he hath from him the reversion etc.  
¶ Also if there be lord and tenant, and the tenant make such a lease for term of life, yel●yng to the lessor and to his heir such yearly rent, and for default of payment a re-enter etc. 〈…〉 the lessor die without heir, during the state of the tenant for term of life, by which the reversion cometh to the lord ●y way of eschere, and after the rent of the tenant for term of life is behind, the lord may distrayn the tenant for the rent behind, but he may not enter into the land by force 〈◊〉 the condition etc. for this that he is not heir to the feoffor etc.  
¶ Also if land be granted to a man for ter● of years upon a condition, that if he pay to the grantor within two years xl marks, that then he shall have the land to him and to his heirs. etc. In this case, if the grant ente● by force of the grant, and after he payeth to the grant our xl marks within the ii years yet he hath nothing in the land but for term of the two years, for this that no livery of seisin was to him made at the beginning, fo● if he had franktenement and fee in this ca●… because he hath performed the condition. T● should he have frank tenement by force of the first grant where no livery of seisin w● made thereof, which should be against reas● etc. But if the grantor had made livery of seisin to the grantee by force of the grant▪ then hath the grant the frank tenement a● the fee upon the same condition.  
¶ Also if lands be granted to a man 〈◊〉 term of five years, upon condition that he pay to the grantor within the first t● year xl marks that than he shall have fee ●elles but for term of the five years, and ●n̄e of seisin is made to him by force of the gri● Now he hath in fee simple conditioned etc. An● if in this case the grant pay not to the gra●tour the lx marks within the same two first years than immediately after the same two years the fee and the franktenement is and shallbe adjudged to the grantor, for this that the grantor may not after the two years incontinent enter upon the grant, for this that the grant hath yet title by three years to have and to occupy the land by force of the same grant. And so for this, that the condition of part of the grant is broken and the grantor may not enter, the law shall put the fee in frank tenement in the grantor. For if the grantor in this case made waste then after the breaking of the condition etc. and after the two years the granntor shall have his writ of waist, and this is a good proof that the reversion is to him etc. But in such case of feoffmentes upon condition where the feoffor may enter lawfully for the condition broken etc. There the feoffor hath the franktenement before the entry. etc.  
¶ Also if a feoffment be made upon such condition that the feoffee shall give the land to the feoffor, and to the wife of the feoffor, to have and to hold to them and to the heirs of their two bodies engendered, and for de●…te of such issue, to remain to the right heirs of the feoffor. In this case if the husband die, living the wife before estate in the ●…yle made to him, than aught the feoffee by the law to make estate to the wife, as like to the condition, and as like to the intent of of the condition as he may make it, that is to say, to let the land to the wife for term of life without impeachment of waste, there maynder after her decease to the heirs engendered of the body of her husband and hers, and for default of such issue, the remainder to the right heirs of the husband.  
¶ And the cause why the lease shallbe made in this case to the woman sole without empechement of waist is for this that the condition is, that the state shallbe made to the husband & his wife in the tail. And if such estate had be made in the life of the husband th● after the death of her husband, she had estate in the tail sole which estate is without impeachment of waist, and so it is reason that if after a man may make estate to the intent of the condition etc. that he shall make it etc. though that she cannot have estate in the tail, as ●he might have had, if the gift in the tail had be made to the husband, and to her, in the 〈◊〉 of her husband etc.  
¶ Also in this case if the husband & the wy● have issue, and die before the gift in the tail made unto him etc. than aught the feoffee t● make estate to the issue and to the heirs of the father, and mother engendered, & for defar of such issue etc. the remainder to the right heirs of the husband etc. And the same law● in other cases semblable. And if such a feoffor will not make such estate when he is reasonably required by them that aught to ha● estate by force of the condition etc. Then may the feoffor and his heirs enter etc.  
¶ Also if a feoffment be made upon condition that the feoffee shall enfeoff many men, to have and to hold, to them and to their heirs forever, and all they that aught to have estate, die before any estate made unto them, than aught the feoffee to make the estate to the heirs of him that survive of them to have and to hold to him, and the heirs of him that survived etc.  
¶ Also if a feoffment be made upon condition to enfeoff another, or to give in the tail to another etc. if the feoffee before the performing of the condition enfeoff a strange parson, or make a lease for term of life, then may the feoffor or his heirs entre etc. for this, that he hath dysabled himself to perform the condition, in so much that he made estate to another & cetera. In such manner it is, if the feoffee before the condition performed, set the same land to a stranger for term of years. In this case the feoffor or his heirs may enter & cetera. for this that the feoff hath dysabled himself to make estate of the tenements according to that, that was in the tenements when estate thereof was made unto him, for if he will make estate according to the condition etc. then may the feoff for term of years, enter & put out him to whom the estate is made etc. & to occupy this during his term. And many have said, that if such a feoffment be made to a man sole upon the same condition, and before that he hath performed the condition he taketh a wife, than the feoffor or his heir may incontinent enter, for this that if he hath made estate according to the condition, and after died, his wife shallbe endowed and may recover her dower, by a writ of dower etc. And so by taking of a wife, the tenements be put in another plight than they were at the time of the feoffment upon condition, for this that no such woman was dowable nor should be endowed by the law etc. In the same manner it is, if the feoffor charge the land by his deed of rend charge before the parfourming of the condition, or be bound in a statute staple, or statute merchant, that i● such cases the feoffor and his heirs may enter. Causa qua supra. For whosoever cometh to the tenements by the feoffment of the feoffee, than the tenements must be liable and be put in execution by force of the statute aforesaid. But when the feoffor or his heirs for the cases aforesaid, have entered so as the● aught as it seemeth etc. Then all such things that before such entre may trouble or encumber the tenements so given upon condition, as touching the same tenements be utters defeted etc.  
¶ Also if a man make a deed of feoffment to another, and in the deed is no condition etc. And when the feoffor will make to him ●ouere of seisin by force of the same deed, he 〈◊〉 ●eth liver of seisin upon certain conditions etc. In this case nothing of the tenements passeth by the deed, for this that the condition is not comprised in the deed, and the feoffment is of such force, as if no such deed had be made thereof etc.  
¶ Also if a feoffment be made upon such condition, that the feoffee shall alien the land to a man, this condition is void, for this, that when a man is enfeoffed in lands or tenements, he hath power to alien them to some person by the law. For if such condition should ●e good, than the condition putteth him out ●f all the power that the law giveth, which ●hould be against reason, and for this, such condition is void. But if the condition be such that the feoffee shall not alien to one such ●ming his name, or to any of his heirs or his issues etc. or such other like, the which conditions taketh not away all the power of alienation of the feoffee etc. than such condition 〈◊〉 good.  
¶ Also if tenements be given in the tail, vpō●uch condition that the tenant in the tail, ●or his heirs etc. shall not alien in fee, nor in ●…e, nor for term of others life, but for their 〈◊〉 lives. etc. such alienation and condi●on is good. And the cause is for this that ●hen he maketh such alienation and discon●nuance, he doth contrary to the intent for which the statute of westminster the second ●as made, by which statute, the estates in the tail be ordained for it is proved by th● words comprised in the same statute, that the intent of the making the same statute w● that the will of the donor in such cases should be observed. And when tenant in the tail, ●keth such discontinuance, he doth the contrary to that etc. And also in estates in the tail of any tenements when the reversion of the f●… simple is in another person when such discontinuance is made, than the fee simple in the ren●ncion, or the fee simple in the remainder is discontinued, and for to put out that the tenant in the tail shall do no such thing against right such condition is good, as it is aforesaid etc.  
¶ Also a man may give land in the tail upon such condition, that if the tenant in the tail or his heirs alien in fee, or in tail, 〈◊〉 for term of an others life etc. And also that if all the issues coming of the tenant in th● tail, be dead without issue, that then it shall ●leful to the donor, & to his heirs, to enter 〈◊〉 And by such way the right of the tail may b● saved aft such discontinuance to the issue in th● tail if there be any, so that by way of entry of donor or of his heirs the tail shall not 〈◊〉 defeted by such condic, & yet if the tenant in tail in this case, or his heirs make any discontinuance etc. he in the reversion or his herres after this that the tail is determined for d●faute of issue etc. may enter into the land 〈◊〉 force of the same condition, and shall not 〈◊〉 driven to sue a writ of Formedon in th● re●…cion.  
¶ Also if a man may not plead in any action that estate was made in fee, in the tail, or for term of life upon condition, but if he vouch & record thereof, or show a writing under seal proving the same condition. for it is a common ●endicion & learning, that a man by pleding shall not defeat any estate of franktenement by force of any such condition, but if he show the proof of such condition in writing &c. except it be in some especial cause, but of chattels reals as of a lease made for term of years, or of grants of words made by wardens in chivalry, & of such other. etc. A man may plead that such gifts or grants were made upon condition etc. without showing of any writing of condition and in the same manner a man may do of gifts and grants of chattels parsonels and of contracts parsonels etc.  
¶ Also though that a man in some action may not plead an action that toucheth and concerneth frank tenement without showing of writing thereof, as it is aforesaid, yet a man may be helped upon such condition by the verdict of twelve ●enne taken at large in Assize of novel dyss●ysyn, or in some other action where the justices will take the verdict of the twelve couriers at large. As put the case that a man seized of certain land in fee, letteth the same 〈◊〉 for term of life, without deed upon condition to yield to the lessor a certain rent, and for default of payment a re-enter. etc. by force of which, the lessor is seized as of franktenement and after the rent is behind, by which the lessor entereth into the land, and after the less arrayneth an assize of Novel disseisin of the land against the lessor the which pleadeth that he doth no wrong, ne no disseisin, and upon this the assize is taken.  
¶ In this case the recognitours of the assize may say and yield to the justices their verdict at large upon all the matter, as to say that the defendant was seized, and so seized, let the same land to the playntif for term of his life, to yield to the lessor such an annual rend payable at such a feast and upon such condition that if the rent be behind at any such feast that i● aught to be paid, that then it shallbe leeful to the lessor to entre etc. by force of which lease the playntif was seized in his demesne, as of franktenement, and after the rent was behind at such a fest in such a year etc. for which the lessor entered into the land upon the possession of the lease, and payeth the distression of the justices if this be a disseisin done to the playntif or not. And than for this, that it appeareth to the justices, that this was no d●sseisyn done unto the playntif. In so much that the entry of the lessor was lawful vp● him, the justices aught to give judgement, 〈◊〉 the playntif shall take nothing by his writte● of assize. And so in such case the lessor shall 〈◊〉 helped, and yet no writing was never made of the condition, for as well as the jurors may have knowledge of the condition that was declared and reherased upon the lessee. In the same manner is of feoffment in fee, or in gift in the tail upon condition, though never writing were made thereof etc. And as it is said of a verdict at large in assize etc.  
¶ In this same manner it is of a writ of entre founded upon disseisin, and in all other actions where the justices will take a verdict at large there where the verdict at large maketh the nature of the matter put in the issue.  
¶ Also in such where the inquest may say their verdict at large, if they will take upon them the knowledge of the law upon the matter, they may say their verdict general as it is put in their charge, as in the case aforesaid they may well say that the lessor dysseised not the lessee if they will &c.  
¶ Also in the same case, if the case were such, that after this that the lessor had entered for default of payment etc. that the lessee had entered upon the lessor, and him disseised. In his case if the lessor arrayneth an assize against the lessee, the lessee may bar him of his assize, for he may plead against him in ●arre, how the lessor that is playmyfe made ●t lease to the defendant for term of life, sa●…ng the reversion of the playntif, the which is a good plea in bar, inso much that he know ●e●…th the reversion to be to the plaintiff, & in this case hath no matter to help him, but the condition made upon the lease and that he may not pledge, for that he hath no writing, and in so much that he may not answer to the bar, he shallbe barred. And so in this case ye may see that a man is seized & he shall have no assize. And yet if the lessee be playntif, & the lessor defendant, he shall bar the less by verdict of the assize. But in this case where the lessee is defendant, if he will not plead the said plea in bar, but plead no wrong nor disseisin that the lessor shall recover by assize etc. Causa qua supra.  
¶ Also because such conditions be most commonly put & specified in deeds indented, some little thing shallbe said here to the my son of indentures & of a deed poll containing conditions. And it is to weet that if the indenture be by pertite or tripattie or quatriperte, all the parties and the indenture be but one deed in the law, & every party of the indenture is of himself of as great force & effect, as all the parties together. And the making of indentures is 〈◊〉 two manners. One is to make them in the th●… parson, another manner is to make than in the first parson. The making in the third person, 〈◊〉 as in such form. This indenture made between A. of. B. of the one part, & E. of. D. o● the other part. witnesseth that the foresaid A of. B. hath given & granted & by this pres●… deed indented, hath confirmed to the foresaid C. of D. such land to have etc. upon the condic●… etc. In witness whereof, the parties before said interchangeably have put to their seals, or else thus. In witness whereof, to one part of this indenture remaining with the said C. of D. the foresaid A. of B. hath put to his seal, & to the other part of the said indenture remaining with the said A. of. B. the said C, of D. hath put to his seal given etc. Such indentures is called indenture made in the third person for this that the ver●es be in the third person & such form the indenture is the more sure making, for this that it ●s more commonly used, the making of indentures in the first parson is in such form.  
¶ To all true christian people to whom this present writing indented shall come A. of B. gre●ing in our lord everlasting, know ye me to ●aue given & granted, & by this my present deed indented, to have confirmed to C. of D. such and etc. Or else thus, know all men that be pre●ent, & them that be to come that I A. of B. have ●…en & granted & by this my present deed enacted have confirmed to C. of D. such land etc. 〈◊〉 have etc. upon the condition following. In ●…tues whereof, aswell I the said A. of B. as ●e foresaid C. of D. to these indentures in●rchangeably have put to our seizes, or else ●as. In witness whereof to one part of this ●denture I have put to my seal, and to the ●ther part of the same indenture the foresaid ●. of D. hath put to his seal. etc.  
¶ And it seemeth that such an indenture made 〈◊〉 the first parson, is as good in the law as 〈◊〉 indenture made in the third parson, when both parties have thereto put their seals, for in the indenture made in the third parson or in the first parson, if mention be made that the grantor hath set his seal only, and not the grant, then is the indeature only the deed of the granntor. But where a mention is made that the graunte● hath set his seal to the indenture etc. then i● the indenture as well the deed of the grau●tour as the deed of the grantee, and thus 〈◊〉 is the deed of both, and also every party of indenture is the deed of both parties in 〈◊〉 case. etc.  
¶ Also if estate be made by indenture to 〈◊〉 man for term of his life, the remainder to 〈◊〉 other in fee upon conditions etc. and if the ●…nant for term of life, hath set his seal to 〈◊〉 party of the indenture, and after dieth and 〈◊〉 in the remainder etc. entereth by force of 〈◊〉 remainder. In this case he is holden to perform all the conditions comprised with● the indenture as the tenant for term of 〈◊〉 aught to do in his life and yet he in the remainder never ceased any parcel of the indenture but the causes is that in so much that 〈◊〉 entereth and agreeth to have the land by 〈◊〉 of the indenture he is holden to parfourm● condition within the indenture if he will h●… the land etc.  
¶ Also if a feoffment be made by deed P● upon condition etc. And for this that the condition is not performed, the feoffor entry and happeth the possession of the deed po●le if the less bring an action of that enter against the feoffor it hath been questioned if the lessor may plead the condition. etc. by the deed poll against the feoff and some have said, nay, in so much that it seemeth unto them that a deed pol, and the property of the same deed appertaineth to him to whom the deed is made and not to him that made the deed. And in so much that such a deed appertaineth not to the feoffor it seemeth to them that he may not plead this deed. etc. And other have said the contrary and have showed divers causes. One is if the case be such that in the action between them if the feoff plead the same deed, and show this to the court. In this case in so much that the deed is in the court the feoffor may show to the court how in the deed by divers conditions to be performed of the party of the feoff, and for this that they be not performed he entered. etc. and thereto he shallbe received by the same reason when the feoffor hath the deed in hand and showeth it to the court he shallbe well received to plead of this. etc. And namely when the feoffor is privy to the deed, for he aught to be privy to the deed, when he made the deed.  
¶ Also if two men make or do a Trespass to another, the which releaseth to one of them by his deed, all actions Parsonels. etc. Notwithstanding he su●th an action of Trespass against the other, the defendant may well show that the Trespass was done by him and another his fellow, and that the plaintiff by the deed that he showeth for the release to his fellow, all actions parsonels and yet such deed appertaineth to his fellow and not unto him, but for this that he may have advantage by the deed, if he may show the deed to the court he may well plead therefore by the same reason in the other case when the feoffor aught to have advantage by the condition comprised with the deed pol.  
¶ Also if the feoff gave or granted the deed pol to the feoffor, such grant shall be good, and than the deed, and the property of the deed, appertaineth to the feoffor. And when the feoffor hath the deed in hand, and pleadeth it to the court, it shall be the more understand that he came to the deed by a law full mean than by a tortions mean and so it seemeth that they may well plead such a deed poll, that comprehendeth condition. etc. if he have the deed in hand etc. Ideo semper quere dubijs, quia per raciones pervenitur ad legittimam rationem.  
¶ Estates that men have upon condition in the law be such estates that have a condition in the law annexed to them, though it be not specified in writing, so as a man grant by his deed in another the office of a parkeshyppe of a park to have and to occupy the same office for term of his life, the estate that he hath in the office, is upon condition in the law, that is to say, that the parker, well and truly shall keep the park, and do this that to his office appertaineth to do, or otherwise that it shall be lawful to the grantor and to his heirs to put him out, and to grant that to another if he will. etc. And such condition as is understand by the law to be annexed to some thing is as strong as if the condition were set or put in writing. In the same manner it is of grants of offices of stewards, constables, beadles, bailyfes, and other officers, but if such office be granted to a man to have and to occupy by him or by his deputy, than if the office be occupied by him or by his deputy as it aught by the law to be occupied, this sufficeth for him, or else the grantor or his heirs may put him out as it is aforesaid.  
¶ Also estates of lands or tenements may be upon condition in the law, though that upon the estate made, there was no rehearsal made of the conditions, as put the case that a lose be made to the husband & his wife, to have & to hold to them during the coverture between them in this case they have estate for term of their two lives upon condic in the law, that is to say if one of them die, or if divorce be made between them. the than it shallbe lawful to the leasor & his heirs to enter. etc. & that they have estate for tm of their ii lives it is proved this. Every man that hath estate or franktenemnt in ●…y lands or tenements, either he hath estate in fee, or in fee tail, or for term of life or for term of another's life, and by such lease, they have franktenement. But they have not by that grant fe nor tail, nor for term of another's life. Ergo they have estate for term of their two lives, but this is upon condition in the law in form aforesaid. And in this case if they make waste the lessor shall have against them a writ of waist, supposing by his writ. Quod tenent ad terminum vite. etc. but in his ple, he shall declare how and in what manner the lease was made, in the same manner it is if an abbot make a lease to a man to have and to hold during the time that the leassor is abbot. In this case the less hath estate for term of his own life, but this is upon condition in law that is to say that if the abbot die, or resign to be deposed, it shallbe lawful to his successors to enter. etc. Also a man may see in the book of assize. Anno. xxxviii. E. iii ● plea of assize in this form that ensueth assize of novel disseisin was sometime brought against one. A. that pleaded to the assize & was found by verdict that the ancestor of the plaintyf devised the tenements to be sold by the defendant that was his executor to make distribution of the money for his soul, & it was found that a man after the death of the testator rendered him certain sum of money for the tenements but not to the value and that the executor after held the tenements 〈◊〉 his own hand by two year to the intent to have sold the tenements more dearer to sum other and it was found that he had all this while after taken the profits of the tenements to his own use, without any thing doing for the soul of the dead. Mombray the executor in such case is holden by the law to make the sale as soon as he may after the death of the testator and it is found that he refused to make the sale and so the default was in him, and also by force of the devise he was holden to have put all the profits of the said tenements to the deaths use, and it is found that he hath taken them to his own use, and so another default is in him wherefore it was aiudged that the plaintiff should recover. etc. And so it appeareth by the said judgement that by force of the said devise the executor had none estate nor power in the tenements but upon condition in the law. etc. And in such cases it needeth not to have showed any deed rehearsing the conditions. etc. Ex paucis dictis intendere plurima possis. Moore shallbe said of conditions in the chapter of discentes that taketh away enter and in the chapter of relesses and in the chapter of discontinuance.   

¶ Dyscentes. Cap. vi.  
DIscentes that take away entries be in two manners that is to say where the descent is i● fee or in fee tail. Descent in fee that taketh away enter is if a man seized of certain lands 〈◊〉 tenements is deceased and the disseisor hath issue and dieth of such estate. But now the tenements dyscend to the issue of the disseasour by course of the law as heir unto him.  
¶ And for this that the law putteth the lands or tenements upon the issue of the disseasour that by force of the descent, so the issue cometh to the tenements by course of the law and not by his own deed the enter of the disseysi is taken away and is thereof put to his writ of enter upon disseisin against the heyreof the disseasour to recover the land.  
¶ Dyscent in the tail that taketh away enter is if a man be deceased and the disseasor giveth the same land to another in the tail, and the tenant in the tail hath issue and dieth seized of such estate and the issue e●…et● in this case the enter of the dysseisi, is taken 〈◊〉 way, and he is put to sue, against the y●… of the tenant in the tail a writ of enter upon disseisin. etc.  
¶ And note well that in such dyscentꝭ that take away enters it behoveth that a man die seized in his demesne, as in fee tail for dying seized for term of life or for term of another's life shall never take away the enter. etc.  
¶ Also a descent of reversion or of remainder shall never take away enter. etc. so that such cases that take away entries by force of d●centes it behoveth that he the dieth seized have ●o & franktenemnt at the time of his dying 〈◊〉 eye such descent taketh not away enter.  
¶ Also as it is said of discentes that descend to the issue of him that dieth seized. etc. the same law is where they have none issue, but ye●enementes descend to the brother or to the sister or to the uncle, or to some other co●in of his that dieth seized. etc.  
¶ Also if there be lord and tenant and the tenant be deceased, and the disseasour alieneth to another in fe & the alien dieth without heir, & the lord entereth as in his eschete. In this case the disseysi may enter upon the lord for this that the lord cometh not to the land by descent but by escheat.  
¶ Also if a man seized of certain land in fee or in fe tail upon condition to yield certain rent or upon other condic though that such tenant seized in fe or in fe tail die seized, yet if the condic be broken in their life or after their de●…se. etc. this taketh not away the enter of the feoffor, nor of the donor or of their heirs for this that the tenancy is charged with the condition & the estate of the tenancy is condicio●ei in whose hands so ever the tenancy shall come. etc.  
¶ Also & if such a tent upon condic be deceased & the disseasor die thereof seized, & the land descendeth to the heir of the disseasor, now the entry of the tenant upon condic that was deceased, is taken away but if the condic be broken. etc. than may the feoffor or the donor that made the e●…e or their heirs entre. etc. causa qua supra.  
¶ Also if a dysseysour die seized, & his heirs enter. etc. the which endoweth the wife of the dysseasour of the third part of the tenements in this case as to the third part that is a●…ned to the wife in dower incontinent anon after that the wife entereth and hath the possession of the same third part the disseisy may lawfully enter upon the possession of the wife in the same third part. And the cause is for this that when the wife hath her dower, sh● shall be adjudged rather immediately by her husband and not by the heir, and so as to the franktenement of the same third part, the descent is defeted, and so ye may see how before the dowment the disseisi might not enter i● any part. etc. and after the dowment he may enter upon the wife, and yet he may not enter upon the other two parties the the heir of the dysseasour hath by descent. etc.  
¶ Also if a woman be seized of land i● fee, whereof I have ●yght and title to enter, 〈◊〉 the woman take an husband and have issue between them, and after the wife dieth seized, and after that the husband dieth, and the is●… entereth. etc. In this case I may enter upon the possession of the issue for this that the issue cometh not to the tenements immediately by descent after the death of his mother.  
¶ Also if a dysseysour enfeoff his father and the father entereth and dieth of such esta●… seized, by which the tenements descend to the dysseasour, as to the son and heir. etc. In this case the disseisi may well enter upon the dysseasour, notwithstanding the descent, for this that as to the dysseasyn the dysseasour shall be adjudged in but as the disseasour, notwithstanding the descent.  
¶ Also if a man seized of certain lands in his demean as of fee, and hath issue ii sons and dieth, and the younger son entereth by abatement in the land the which hath issue, and of this dieth seized and the tenements descend to the issue, and the issue entereth into the land, in this case, the elder son or his heirs may enter by the law upon the issue of the younger son, notwithstanding the dyscente, for this that when the younger son abated in the land after the death of his father before any enter of the elder, the law intendeth that he entered in the cleming as heir unto his father, and for this that the elder brother naymeth by the same title, that is to say, as heir unto his father, he and his heirs, may enter upon the issue of the younger brother notwithstanding the descent. etc. for this that they s●ayme by one self title and in the same ma●er it shall be if there be many dyscentes from one issue of the younger son. etc. But in such case if the father were seized of certain lands in fee, and hath issue ii sons and dieth, and the elder son entereth and is seized et cetera. And after the younger brother dysseaseth him, by which disseisin he inseas● of fee, and hath issue and of such estate dieth seized, than the elder brother may not enter, but is put to his writ of enter upon disseasin for to recover the land. And the cause is for this, that the younger brother cometh to the tenements by a wrong disseisin made unto his elder brother. And for that wrong, the law may not intend that he claim as heir to his father no more than a strange parson that had deceased the elder brother that never had any title. etc. And so may ye see the diversity where the younger brother entereth after the death of his father, before any entry made by the elder brother in such case. etc. And where the elder brother entereth after the death of his father, and is deceased by the younger brother. etc. In the same manner if a man seized of certain land in fe hath issue two daughters, & dieth and the elder daughter entereth in the land claiming all the land to her and thereof only taketh the profits and hath issue and dieth seized by which her issue entereth which issue hath issue and dieth seized and the second issue entereth. etc. Et sic ultra, yet the younger daughter and her issue as to the half may enter upon every issue of the elder daughter, notwithstanding such descent for this that they claim by one self title. etc. But in such case if both two sisters come into the land to enter after the death of their father, and thereof were seized and after the elder sister thereof diseased, the younger sister of that, that to her belongeth, and thereof is seized in fee, and hath issue, and of such estate dieth seized, by which the tenements descend to the issue of the elder sister than the younger sister or her heirs may not enter. etc. causa qua supra.  
¶ Also if a man sealed of certain land hath issue two sons, and the elder brother is bastard, and the younger brother mulier, & the father dieth and the bastard entereth and claimeth as heir unto his father, and occupieth the land all his life without any enter made upon him by the mulier and the bastard hath issue and dieth of such estate seized in fee. and the land descendeth to his issue and his issue entereth. etc., in this case the mulier is without remedy for he may not enter nor he shall have no action for to recover the land for this that it is an ancient law in such case used, but it hath been an opinion of some men that shall be understand where the father hath a son a bastard by a woman and after he weddeth the same woman and after the spousal he hath issue by the same woman a son or a daughter mulier, and the father dieth et cetera. If such a bastard enter et cetera. And hath issue, and dieth seized. etc. Than shall the issue of such a bastard have the land clearly to him as it is aforesaid. etc. And not any other bastard borne of the mother that was not espoused to his father, and this is a good and reasonable opinion, in such a bastard borne before the espousals solemnized between his father & his mother, by the law of holy church is mulyer, though that by the law of the land, he is a bastard borne, and so he hath colour of enter as heir to his father, for this that he is by one law mulier, that is to say, by the law of holy church. But otherwise it is of a bastard that hath no manner of colour to enter as heir, in so much that he may not in 〈◊〉 law be said mulyer. etc. for such a bastard is said. Quasi nullius filius. But in such case aforesaid where the bastard entereth after the death of his father, and the mulier putteth hi● out, and after the bastard the mulier, and hath issue, and dieth seized, and the issue entereth, than the mulier may have a writ of entry upon disseisin against the issue of the bastard, and recover the land. etc. And so may ye see the diversity where such a bastard continueth his possession all his life without any interruption, and where the mulier entereth and interrupteth the possession of such a bastard.  
¶ Also if a child within age have title 〈◊〉 cause to enter into any lands or tenements upon another that is seized in fe or in fe tail of the same lands & tenements, if such a man that is so seized dy● of such estate, so seized & the tenements descend to his issue during the time that the child is with in age, such descent shall not tol the entry of the child but he may enter upon the issue that is in by descent. etc. for this that no laches shall be adjudged in a child within age in such ●…e. etc.  
¶ Also if the husband and his wife, as 〈◊〉 right of the wife have title and right to enter in the tenements that another hath in ●e or in fee tail, and such a tenant dieth sensed. etc. In such case the enter of the husband ●s taken away upon the heir that is by descent ●ut if the husband die, than the wife may ●ell enter upon the issue by descent, for this ●hat the laches of the husband shall not ●rne to the wife and to her heir in prejudice 〈◊〉 in damage, in such case but that the wife and her heirs may well enter, where such ●yscent is during the converture. etc.  
¶ Also if a man that is not of whole mind ●hat is to say in latin. Qui non est compos mē●is, hath cause to enter in any such tenements 〈◊〉 such descent uts▪ be had in his life during the 〈◊〉 that he was out of his mind, and after die ●is heirs may well enter upon him that is 〈◊〉 by descent. And in this may ye see a case yt●he heir may enter, and yet his ancestor that 〈◊〉 the same title may not enter, for he that was ●…t of his mind at the time of such descent the will enter after such a descent, if action ●pon this be sued against him, he hath nothing for 〈◊〉 to plead or to help him, but say that he was out 〈◊〉 ●nd at the time of such descent. etc. And he 〈◊〉 not be received to say this, for this that us 〈◊〉 of full age shallbe received in any plea by the 〈◊〉 to disalt or dissable his own person. But the heir may well dissable the parson of his an●cester for advantage of the heir in such case for this that no laches may be aiudged by the law in him that hath no discretion in such cas● And if such a man out of his mind make a ●…offement. etc. he may not enter ne have ne have a wry●… called. Dum non fuit compos mentis. etc. 〈◊〉 sa qua supra, But after his death, his hey●… may well enter or have the same writ. D●… non fuit compos mentis at his election. etc.  
¶ Also if I be deceased by a child within a●… alyeneth to another in fee, and the alien die●… seized, and the tenements descend to 〈◊〉 heir and the child being within age, m●… enter is taken away. But if the child with in age enter upon the heir that is in by descent as he well may, for this that the descent was during his nonage, than I may well e●ter upon the disseasy, for this that by his e●tre he hath defeted and annulled the descen● And in the same manner it is where I am 〈◊〉 used, and the dysseasour maketh a feoffment 〈◊〉 fee upon condition. etc. And the feoff dieth 〈◊〉 such estate seized. etc. I may not enter vpo● the heir of the feoff. But if the condition 〈◊〉 broken so that by such cause the feoffor entereth upon the heir, now may I well enter for this that when the feoffor or his heirs entre for the condition broken, the descent 〈◊〉 utterly defeted.  
¶ Also if I be deceased, and the dissea●… hath issue and entereth into religion, by for●… of which the lands descendeth to his issue, 〈◊〉 this case I may well entre upon the issue, ●nd yet there was a descent. But for this that ●…che descent cometh to the issue by the fa●…ers deed, that is to say, for this that he enured into religion. etc. and the descent cometh 〈◊〉 him by the deed of God, that is to say by ●ath. etc. mine entre is congeable, and law●…ll, for if I arrayne assize of Novel disseisin against my dysseasour, though that he after ●nter into religion, this shall not abate my brytte. But my writ, this notwithstanding ●hall abide in his force and strength, and my ●couere against him shall be good by the●…me reason, the descent that came to his issue 〈◊〉 his own deed may not put me fro mine ●…tre. etc.  
¶ Also if I let to a man certain lands 〈◊〉 term of twenty years, and another dyssea●…th me, and putteth out the ●erme, and dieth 〈◊〉, and the tenements descend upon him ●…re, I may not enter, and yet the less for ●…e of years may well enter for this that this entre he putteth not out the heir that 〈◊〉 by descent fro the franktenement that ●nto him descended. But only to have tenements for term of years, that which is no ●…lsing of the franktenement of the heir the 〈◊〉 by descent. But otherwise it is where 〈◊〉 tenant to term of life, is deceased. etc. cau●…a supra. etc.  
¶ Also it is said that if a man seized of tenements in fee by occupation in time 〈◊〉 war, and dieth thereof seized in time of 〈◊〉 and the tenements descend to his heir, su●… descent putteth out no man of his enter And of this a man may see a ple in a writ 〈◊〉 ●ye●. An vii E ii  
¶ Also no dying seized wherall the ten●mentes cometh to another by succession sha●… take away the entry of any parson. etc. For 〈◊〉 prelate's, abbots, priors, deans, or parson of churches etc. though that there were ●…tie successions, this putteth no man from 〈◊〉 entre. etc. Moore shallbe said of discentes to 〈◊〉 chapter of continual claim. etc.   

¶ continual claim. Cap. seven.  
Continual claim is, where a man h●… right, and title to enter in any lands 〈◊〉 tenements whereof another is seized in fe●… in fee tail, if he that hath title to enter 〈◊〉 continual claim to the lands, and ten●mentes before the dying seized of him, that ●deth the tenements. Than though sh●… a tenant die thereof seized and the la●… and tenements descend to his heir, 〈◊〉 may he that hath made such claim or 〈◊〉 heirs enter into the lands and tenemen●… descended, because of the continual cla●… made. notwithstanding such descent. 〈◊〉 in case a man be diseased, and the dyss●… maketh continual claim to the tenemē●… in the life of the disseisor though the disseisor die seized in fee, and the land descendeth unto his heirs, yet may the disseisy entre upon the possession of the heir, notwithstanding such dyscente.  
¶ In the same manner it is, if tenant for term of life alien in fee, he in the reversion, or he in the remaindre may entre upon the alien. And if such alien seized of such estate without continual claim made to the tenements before ●he dying seized of the alyene and the tenements because of the dying seized of the alien descend unto the heir of the alien. Than may not he in the reversion, nor he in the remainder entre. But if he in the reversion, or he in the remainder that hath cause to en●re upon the alien made continual claim to the tenements before the dying seized of ye●…yen, than such a man may entre after the ●…ath of the alien as well as he might in his 〈◊〉. etc.  
¶ Also if lands be let unto a man forterm ●f his life, the remainder unto another for ●…nne of life, the remainder unto the third ●…ke, if the tenant for term of life alien to ●other in fee, and he in the remainder for ●…e of life maketh continual claim unto ●he land before the dying seized of the alien, 〈◊〉 after the alien dieth seized. etc. and after 〈◊〉 in the remainder for term of life dieth be●…e any enter made by him.  
¶ In this case he in the remainder in fee may entre upon the heir of the alyene, because of continual claim made by him that made the remainder for term of life, for this that such right that he hath to enter shall go and remain to him in the remainder after him, in so much that he in the remainder in fee, may not enter upon the alyene in fee, during the life of him in the remainder for term of life, and because he might not make continual claim. But when he had title to enter. But it is to see to thee my child how & in what manner such continual claim shallbe made, and to learn this. Three things there be to understand.  
¶ The first thing is, if a man have cause to enter in any lands or tenements in divers towns within one shire if he enter in any parcel of the lands or tenements that be in one town 〈◊〉 the name of the lands or tenements that been in one town to which he hath right to enter within all the towns in the same stir, by such entre he hath as good possession and seisin of such lands or tenements whereof he hath title to enter as if he had entered into every parcel, and this seemeth great reason, for if a man willenfeffe another without deed of certain lands or tenements that he hath in many towns within one shire, and he will deliver seisin to the feoffee of parcel of the tenements within one town 〈◊〉 the name of all the lands & tenements tha● he hath in the same town, and in all the other towns etc. all the said tenements etc. shall pass by force of the said livery of seisin to him to whom such feoffment in such manner is made. And yet he to whom such livery of seisin is made, hath no right to all the lands and tenements in all the towns but because of the livery of seisin made of parcel of the lands or tenements in one town A multo fortiori. It seemeth good reason, that when a man hath title to enter into lands or tenements in divers towns within i. shire, before any entre by him made, that by the entry of him made in parcel of the tenements in one town in the name of all the lands & tenements to the which he hath title to enter within the same shire, this is a seisin of all in him, & by such entre he hath possession & seisin in deed, as if he had entered into every parcel etc.  
¶ The second is to understand, that if a man have title to enter into any lands or tenements, if he dare not enter in the same lands or tenements nor in any ꝑcel thereof for doubt of be●yng, or for doubt of maiming, or for doubt of both, if he go & approach as nigh the tenements as he dare, for such doubt, & claim by words the tenements to be his incontinent by such claim, he hath a possession & seisin in the tenements as well as if he had entered in deed though he had never possession or seisin of the same lands or tenements, before the said claim. And that the law is such it is well proved by a plea of an Assize in the book of assize. Anno. xxxviii. E. iii The tenure of which ensueth in this form.  
¶ In the county of Dorset before the same justices it was founden by verdict of Assize, that the pleyntif which had right by descent of heritage to have the tenements put in plaint at the time of the death of his ancestor which was dwelling in the town where the tenements were, and by word claimeth the tenements among his neighbours, but for doubt of death he durst not approach unto the tenements, but bringeth assize, and upon the matter found, it was awarded that he should recover.  
¶ The third thing is to understand within what time the claim that is said continual claim shall serve, and help him that maketh the claim and his heir. And as to this it is to weet that he that hath title to enter when he will make his claim, and if he dare approach unto the land. Than it behoveth him to go unto the land, or to parcel of it, & make his claim. And if he dare not approach unto the land for dread of beating, maiming, or death, than it behoveth him to go. and to approach as nigh as he dare toward the land or parcel thereof, and make his claim And if his adversary that occupieth the land, die seized in fee or in fee tail within a year and a day after such claim made, by which the tenements descend unto his son as heir unto him, yet may he that made the claim enter upon the possession of the heirs. But in this case after the year & the day that such claim was made if none other claim be made, if the father then die seized, the morrow after the year and the day, or at another day after. etc. than may not he that made the claim enter. And therefore if he that made the claim will be sure always that his entre shall not be taken away by such descent, it behoveth him that within the year and the day after the first claim, to make another claim in the form aforesaid. And within the year and the day after the second claim to make the third claim in the same manner, and within the year & the day after the third claim, to make another claim and so forth, that is to say, to make an other claim within every year and day next after every claim made, during the life of his adversary, and than at what time that his adversary die, his entre shall not be taken away by no such descent. And such claim made in such manner is most commonly taken, and called continual claim of him that made the claim. But yet in case aforesaid where his adversary dieth within the year and the day next after the first claim, this is in the law a continual claim, in so much that his adversary died within the year and the day after the same claim for it is no need for him that made the claim to make any other claim, but at that time that he within the same year and the day etc.  
¶ Also if his adversary be disseised within the year & a day after the claim, and the disseisor dieth thereof seized within the year & the day etc. This dying seized shall not hurt him that made the claim, but that he may enter etc. For whosoever he be that dieth seized within the year & the day after such claim, that shall not hurt him that made the claim, but that he may enter though there were many dyings seized & many discentes within the year & the day etc.  
¶ Also if a man be disseised, and the dysseysour die seized within the year and the day next after the disseisin done, whereby the tenements descend to his heir, in this case the entry of the disseisie is taken away for the year and the day that should help the disseisie in such case etc. shall not be taken from the time of the title of entre grown unto him, but only from the time of the claim by him made in time aforesaid. And for that cause it shallbe good for such a disseisie for to make his claim etc. in as short time as he may after the disseisin etc.  
¶ Also if such a disseisor occupy the land by xl. years without any claim made by the dysseisy etc. & the disseisy by little space before the death of the disseisor make claim in the form aforesaid, if so it fortune that within a year and a day after such claim the disseisor die seized etc. the entry of the disseisie is congeable, and for this it shallbe good for such a man that made no claim that hath title to enter etc. when he heareth that his adversary lieth lick to make his claim. etc.  
¶ Also as it is said in the cases put before where a man hath title to entre because of a disseisin etc. Thesame law is where a man hath right to enter because of the title etc.  
¶ Also in this said presidents may ye know my child by ii things. One is where a man hath title to enter upon a tenant in tail, if he make any such claim unto the land etc. Then is the state of the tail defeted, for that claim is as an entre made by him, and is of the same effect in the law as he were upon the same tenements, and had entered in the same tenements as is aforesaid. And then when the tenant in tail immediately after such claim continueth his occupation in the tenements this is a disseisin made of the same tenements unto him that made the claim. Et sic ꝑ consequens, the tenant than hath fee simple etc.  
¶ The second thing is, that as often as he the hath right to enter maketh such claim. & this notwithstanding his adversary containeth his occupation etc. so often the adversary doth wrong & disseisin to him that made the claim. And by this case so often may he that made the same claim for every such wrong & disseisin made unto him, have a writ of trespass. Quare clau 〈◊〉 suum fregi● etc. to recover his damages etc. Or he may have a writ upon the statute at King Richard the second made the fifth year of his reign, supposing by his writ that his adversary hath entered into the lands or tenements of him that made the claim where his entre was not given by the law etc. and by such action he shall recover his damages etc. And if the case be such that the adversary occupy the tenements with force, & arms, or with a multitude of people at the time of such claim. etc. Than may he that made the claim for every such time have a writ of Forcible entre and recover his trebl● damages.  
¶ Also here it is to see if the servant of a 〈◊〉 that hath title of entre may by the commandment of his master, make continual claim for his master in his name, and it seemeth that in some cases he may do this, for if he by his commandment come to any parcel of the land, and there maketh claim etc. In the name of his master, this claim is good for his master, for this that he hath done all that that it behoved his master to do in such case etc.  
¶ Also if a master say unto his servant that he dare not go unto the land nor to any parcel of the land for to make his claim etc. & dare not approach more nigh unto the said land, save to such a place called Dale, and commandeth his servant to go to the same place of Dale, and thereto make a claim for him etc. of the servant so do etc. this seemeth as good claim for his master as if he had been there in his own parson, for that the servant did all that his master durst do and aught to do by the law in such case.  
¶ Also if a man be so sick or so lame that he may not in no manner come to the land nor to any parcel of the same, or if there be a recluse that may not because of his order go out of his house etc. if such a manner parson command his servant to go and make claim for him etc. and the servant dare not go to the land, nor to any parcel thereof for doubt of beating, man or death, and for that cause such servant cometh as nigh to the land as he dare for such dread, and maketh this claim etc. for his master it seemeth that such claim for his master is good and strong in the law, for else his master should be in to great mischief, for 〈◊〉 may well be that such a parson that is sick 〈◊〉 lame, or recluse, can not found any servant that dare go unto the land nor to any parcel ●f it to make the claim for him etc. But if ●…e master of such a servant be in good health ●…d may and dare well go to the tenements 〈◊〉 to parcel of it to make his claim for him ●c. if such a master command his servant 〈◊〉 go to some parcel of the land, and make ●…n● for him etc. And when the servant is ●…yng to do the commandment of his ●…ster he heareth by the way such things 〈◊〉 he dare not go to any parcel of the land 〈◊〉 to make any claim for his master, and 〈◊〉 that cause he goeth as nigh unto the land 〈◊〉 he dare for doubt of death, and there he ma●… claim for his master in the name of his master etc. It seemeth that the doubt in the law in such case shallbe if such claim availeth to his master, not for this that the servant did not all this that his master at the time of commandment durst have done.  
¶ Also some have said that where a man is in prison & is disseised & the disseisor dieth seized during the time that the disseisi is in pr●son, by which tenements descend to the heir of the disseisor, they have said that this shall not hurt the disseisy that is in prison, but that he may well enter notwithstanding such disce●… for this that he may not make continual claim when he was in prison. And also if such a one that is in prison be outlawed in an action of debt or trespass or in appeal of robbery etc. he shall revert such outlawry by writ of error &c. because he was in prison at the time 〈◊〉 outlary against him pronounced.  
¶ Also if a recovery be had by descent against such a one that is in prison he shall avoid the judgement by a writ of error for this the 〈◊〉 was in prison at the time of such default mad● etc. And because that such matters of record sha● not hurt them that be in prison but that it shal● be reversed etc. A multo fortiori, It seme● that a matter in deed, that is to say, such descent had when he was in prison, sha● not hurt him &c. specially for this that 〈◊〉 may not go out of prison to make conti●nuall claim etc.  
¶ And in the same manner it seemeth to the● where a man is out of the realm in the kings service for business of the realm, & if a man be disseised when he is in the service of the king ●…at such descent shall not hurt the disseise, but for this that he might not make continual claim 〈◊〉 it seemeth unto them that when he cometh a●…yn into England he may entre again upon ●he heir of the disseisor etc. For such a man shall reverse an outlary that is pronounced against him during the time that he is in service etc. Ergo a multo fortiori. He shall have ●…e by the law in the other case etc.  
¶ Also other have said that if a man be out of ●he realm though he be not in the kings service, if such a man being out of the realm be ●…sseised of lands or tenements within the realm 〈◊〉 the disseisor die seized etc. the disseisy being 〈◊〉 of the realm it seemeth unto them that when ●he disseisi cometh into the realm that he may ●…ll enter upon the heir of the disseisor, 〈◊〉 ●tera, and this seemeth unto them for two ●…ses.  
¶ One is, that he that is out of the realm, 〈◊〉 not have knowledge of the disseisin made ●nto him by understanding of the law, no more 〈◊〉 that a thing done out of the realm may 〈◊〉 tried within the same realm by the oath of 〈◊〉 men etc. & compel such a man to make cōti●…al claim which by the understanding of the law 〈◊〉 have no knowledge or cognisance of such dis●…s●… made or done, this shallbe inconvenient ●…ely when such a disseisin is done unto him, when he was out of the realm, also the dying seized was done when he was out of th● realm. For in such case he may not by possibility after the common presumption make 〈◊〉 continual claim, but otherwise it shallbe 〈◊〉 the disseisie were within the realm at the tru●… of the disseisin or at the time of the dying seized of the disseisor etc. another matter the alleged for a proof that when the statute 〈◊〉 king Edward the third the xxxiiii year of h●… reign, by which statute no claim is out 〈◊〉 the law was such, that if a fine were levied 〈◊〉 certain lands or tenements, if any that 〈◊〉 a stranger to the fine had right to have, 〈◊〉 to recover the same lands or tenements, 〈◊〉 he came not and made his claim thereof 〈◊〉 in a year and a day next after the fine levied he shallbe barred for ever. Quia dicebatu●…nis quod finem littbus imponebat. And th● the law was such, it is proved by the sta●… of westminster the second. De donis condici●nalibus, where it speaketh if the fine be ●…ed of tents given in the tail etc. Quod f●… ipso iure sit nullus, nec habeant heredes 〈◊〉 illi quos spectat revercio licet plene etatis 〈◊〉 it in anglia extra personam, necesse abbo●… clameum suum. So it is proved that if a ●…ger that hath right unto the tenements of ●wer out of the realm at the time of the fy● levied etc. shall have no damage though th● such fine was matter of record by greater ●son it seemeth unto them that a disseisin and 〈◊〉 ●…nt that is matter and deed shall not so grieve ●ym that was disseised when he was out of ●he realm at the time of the disseisin and also 〈◊〉 the time that the disseisor died seized. etc. ●ut that he may well entre notwithstanding ●uch descent.  
¶ Also inquire if a man be disseised and he ar●…n assize against the disseisor, and the re●gnitours of the assize challenge for the plain 〈◊〉, and the justices of the assize will be adui●…d of their judgements until the next assize ●c. and in the mean season the disseisor dy●th seized etc. If the said suit of the assize shall 〈◊〉 taken in law for the said disseisin a continual claim, in so much that no default was ●nto him etc.  
¶ Also inquire if an abbot of a monastery die 〈◊〉 during the time of vacation a man wrong 〈◊〉 entereth in certain parcels of land of the 〈◊〉 mastery claiming the land unto him, and 〈◊〉 heirs, and of that estate dieth seized, & 〈◊〉 land descendeth unto his heirs, and af●…r that an abbor is chosen and made abbot of ●…ame monastery, a question is if the abbot 〈◊〉 enter upon the heir or not. And it se●eth to some, that the abbot may well enter 〈◊〉 this case, for this that the covent in time 〈◊〉 vacation was no parson, able to make cō●…al claim for no more than they be parso●…ble to sue an action, no more be they parso●…ble to make continual claim, for the covent 〈◊〉 but as a dead body without head, for in time of vacation a grant made unto them i● void, and in this case, the Abbot may not have a writ of entry upon disseisin against th● heir, for this that he was never disseised. And if the abbot may not enter in this case, than he shall put unto his writ of right the which shallbe to hard for the house by which it seemeth to them that the abbot may well entre etc. Q●…re de dubus legem bene discere si vis qu●… dat sapere que junt legittima vere.   

¶ Relessees. Cap. 8.  
RElesses be in divers manners that is to s●… release of right that a man hath in lands o● tenements, & release of actions reals & parsonals, and of other things release of all the right that a man hath in lands or tenements etc. is commonly made in such form or to such effect. Novermt universi ꝑ presents me. A. 〈◊〉 B. remisisse, relaxasse, & omnino de me & he●… meis quiet clamasse E de. D. totum ius titul●… clameum q̄ huni habeo vel quovismodo in f●… habere potero de et in uno mes̄ cum ꝑtine si 〈◊〉 F. etc. And it is to understand that these word●… (remisisse & quiet clamasse) be of such effecte● these words relaxasse etc. & also these words which be commonly put in such deeds of 〈◊〉 loesses. etc. that is to understand. Que quoms●… do in futurum habere potero, be as words void in the law, for no right passeth by a 〈◊〉 lease but the right that the lessor hath at th●… time of his release made for if it be father a●… son, & the father be disseised, & the son living, his father releaseth by his deed to the ●…sseisor all the right that he hath or may have 〈◊〉 the same tenements without clause of war ●atise etc. & after the father dieth the son may lawfully enter upon the possession of the disseisor for this that he had no right in the land living his father, but the right descended unto him by ●…scent aft the release made by the death of his ●ather. Also in a release of all the right that a man hath in certain lands, it behoveth unto him to 〈◊〉 hon the release is made in such case that he have a free hold in the lands in deed or in the law at the time of the release made, for in every where he to whom the release is made, hath a ●…ee hold in deed or in law at the time of the release made &c. the release is good franktenement 〈◊〉 law, as if a man have disseised another & ●herof dieth seized by the which the tenemē●es descend unto his son, how be it that ●ys son entre not in the tenements, yet he ●…h a franktenement in the law to him upon 〈◊〉, & therefore the relese made is good enough ●nd if he take a wife so being seized in the 〈◊〉 howbeit that he never enter in deed & dy●th his wife shall have thereof her dower. Al●… in such case of release of all her right, how be 〈◊〉 that he to whom the release is made ne hath any ●…ng in the franktenement neither in deed nor 〈◊〉 law, yet the release is good enough, as if ●…e dysseysour have set land that he had by ●…eysyn to another for term of his life, saving the reversion to him, if the disseisie or his heirs release unto the dysseysour all the right etc. that release is good, for this that he to whom the release is made, had in him reversion at the time of the release made. In the same manner if a lease be made to a man for term of life the remainder unto another to term of life the remainder unto the third in the tail, the remainder unto the fourth 〈◊〉 fee, if a stranger that hath the right unto th●… land release all his right unto any of them the remainder, such release is good, for this th●… every of them hath a remainder vested in himself, yet if the tenant for term of life be dysseysed and after that hath right (the possession being in the disseisor) release unto one of them to whom the remainder was made all his right etc. That release is void, for that, that he ne had in him no remainder in deed, but all only a right of a remainder, at the time of the release made. Et not a, that every rel●… made to him that hath a reversion or a remaindre in deed shall serve and help them that have the frank tenement as well as them to whom the release is made if the tenant have the release in his hand etc. In the same manner a release made to a tenant for term of life, or to a tenant in the tail, shall enure unto them 〈◊〉 the reversion or to them in the remainder 〈◊〉 well as to the tenant of frank tenement, and shall have a great advantage of that, if th●… they may show it, also if there be lord and renaunt and the tenant is deceased, and the disseysi releaseth unto the disseasour all the right that he hath in the signory or in the land, the release is good and the signory is extinct. And if the goods of the disseysis be taken, and of them the disseasi sueth a replegiare against the lord, he shall compel the lord to avow unto him, and if he will avow upon the disseasour, then upon the matter showed, the avowry shall be abated, for the disease is tenant to them in right and in law.  
¶ Also if land be given to a man in the ●…y●e reserving unto the donor & his heirs a certain rent, if the done be diseased, and after the donor releaseth to the done all the right that he hath in the land, and after the donee entereth into the land upon the dysseasour, in this case the rent is gone, for this that the dysseasy at the time of the release made was tenant in right and in law unto the donor and the avowry of fine force aught to be made upon him by the donor for the rent behind etc. But yet nothing of the right of the landlord that is to say of the revere than passeth not by such release, for this that the done to whom the release was made then had nothing in the land, but only a right and so the right of the land, ne may not pass by such release to the donee. In the same manner it is if a lease be made to one for term of life, reserving to the lessor and to his heirs certain rent, if the lessee be diseased, and after the lessor releaseth to the less, and to his heirs, and after the less entereth, howbeit that in the case the ●ent is extinct, yet nothing of the right passeth. etc. causa qua supra. But if it be very lord and very tenant and the tenant maketh a feoffment in fee, the which feoff never became tenant to the lord etc. if the lord release to the feoffor all his right. etc. that release is in all voided for this that the feoffor hath no right in the land, and he is no right in the land and he is not tenant in right to the lord but only tenant as for the avowry to be made, and he shall never compel the lord to avow upon him for the lord may avow upon him the feoff if he will it be otherwise it is where the very tenant is deceased as in case aforesaid for if the very tenant that is deceased holdeth of the lord by knights service, and dieth, his heirs being within age the lord shall have and seize the ward of the heir. And so he shall not have the ward of the feoffor that made the feoffo●… in fee & so it is a great diversity between these two cases.  
¶ Also if a man enfeoff another in his land upon trust and to the intent that he shall perform his last will and the feoffor occupieth that same at the will of his feoffs and after the feoffs release by their deed unto the feoffor all the right. etc. This hath be● in question if such release be good or not, & some have said that such release is good for this that no privity was between the feoffs and their feoffor in so much that no lease was made after such feoffment by the feoffs to their feoffor to hold at their will. etc. and some have said the contrary and that for two causes. One is that when such feoffment is made upon confidence to perform the will of the feoffor, that it shallbe understand by the law that the feoffor by and by, aught to occupy the land, at the will of his feoffees, and so it is such manner of privity between them, as if a man make a feoffment to another parson and they incontinent upon the feoffment will say and grant that the feoffor shall occupy the land at their will. etc. Another cause they allege that if such land be worth xl s. by year. etc. Than such a feoffor shallbe sworn in assizes and in other inqnstes in pleas reals and also in pleas parsonels, of what great sums soever that the playntifs will declare. etc. And this is by the common law of the land. Ergo this is for a great cause, and the cause is that the law will that such feoffours and their heirs aught to occupy. etc. And to take thereof the rent and all the profits and all manner of issues, and revenues. etc. As though the tenements were their own without interruption of feoffs, notwithstanding such feffemntꝭ. Ergo the same law giveth a privity between such feoffors, & their feffes upon confidence. etc. For which causes they have said that the release made by such feoffs upon confidence to the feoffor, or to his heirs et cetera. So occupying the land. etc. shall be good enough & cetera. And this is the better opinion, as it seemeth. Also releases after the matter in deed sometime have their effect by force to enlarge the estate of them, to whom the release is mad, as if I let certain land to a man for ter●… of years, by force whereof he is possessed, and I release unto him all the right that I have in the land without more words set or put in the deed, and deliver unto him the deed. Than he hath estate but for term of his life, and the cause is for this that when the reversion or the remainder is in a man the which will enlarge by his release the estate of the tenant. etc. he shall have no greater estate but in the manner and form. As if such a leasour were seized in fee and will by his deed make estate to one in a cert form. etc. and deliver unto him seisin by force of the same deed if in such deed of feoffment the● be no word of inheritance. etc. Than he hath estate but for term of life. etc. and so it is i● such release made by him in the reversion, or in the remainder for if I let land to a 〈◊〉 for term of life, and after I release unto him all my right without more saying in the release, his estate is not enlarged. But if I release unto him and to his heirs of his bo●… engendered, than he hath fe tail, and if I release unto him and to his heirs, than 〈◊〉 hath fee simple. So it behoveth in such case to specify in the deed, what estate he to whom the release is made shall have. etc. And sometime release shall enure to set & put the right of him that maketh the release to him, to whom the release is made. As a man is diseased and he releaseth unto the dysseasour all the right that he hath. In this case the disseasour hath his right, so that where his estate before was wrong, now by the release it is lawful and right but note well that when a man is seized in fee simple of any lands, or tenements, and another will release unto him all the right that he hath in the same tenements it needeth not to speak of the heirs of him to whom the release is made, for this that he had ●e simple at the time of the release made, for if the release were made to him and to his heirs for one day or for one hour, this shall be as strong unto him in the law, as he had released to him and to his heirs for when his right was gone from him at one time by his release without any condition. etc. to him that had fe simple it is gone for ever. But where a man hath a reversion, or a remainder in fe simple at the time of the release made there if he will release to the tenant for term of years or for term of life, or to the tenant in the tail, it behoveth to determine the estate that he to whom the release is made shall have by force of the same release. For this that such ●…elease goeth to enlarge the estate. etc. of him to whom the release is made. But otherwise if is where a man hath but a right unto the land 〈◊〉 hath nothing in the reverc nor in the remainder in deed. For if such a man release all his right to one that is tennt of the franktenemnt all his right is gone, though that no menc be made of his heirs of him to whom the release is made For if I let land to a man for term of life, if I after release unto him for to enlarge his estate, it behoveth that I release unto him & to his heirs of his body engendered, or to him & to his heirs males of his body begotten or by such semblable estate. etc. or otherwise he hath no greater estate than he had before. But if my tennt for tme of life let the same land out to another for term of the life of his less, the remainder unto another in fe, now if I release unto him to whom my tenant letted for term of life I shallbe barred for ever, though that no mention be made of his heirs, for this that at the time of the release made I had no rention but only a right to have the reversion. For by such a lease with a remainder over that my tenant made, in this case my reversion is discontinued and such a release shall enure unto him in the remainder to have advantage of this as well as to the tenant for term of life for to that intent the tenant for term of life & he in the remainder be as one tenant in the law, and be as if one tenant w●… sole seized in his demean as of fe at the time of such release made unto him. Also if a 〈◊〉 he dysseysed by two if he release unto one of them, he shall hold his fellow out of the land and by such release shall have sole possession, and estate in the land. But if one dysseasour enfeoff two in fee, and the disseysy release to one of them this shall enure to both the said feoffees. And the cause of the diversity between these two cases is repugnant enough.  
¶ Also if I be deceased, & the disseisor is deceased if I release to the disseisor of my disseisor. I shall never have assize nor enter upon his disseasour, for this that his dysseysour hath my right by my release. etc. And so it seemeth in this case that if there were twenty disseisors each after other, & I release to the last disseisor he shall bar all the other of their actions & their title. And the cause is as it seemeth, for this that in many in cases when a man hath a lawful title to enter though he enter not. etc. he shall defeat all mean titles by his release. etc. But this is not in every cause as shallbe said afterward.  
¶ Also if a man be disseised the which hath a son within age, & dieth & being the son with 〈◊〉 age the disseisor dieth seized, & the land descendeth to his heir, & a stranger abateth, and after the son of the disseisy when he cometh unto full age releaseth all his right. etc. to the that our. In this case the heir of the dysseysour shall have no assize of mortdauncester ag●…nst the abatour but he shall be barred of the assize for this that the abatour hath the right of the son of the dysseasy by his release, and the enter of the son was lawful. etc. for this that he was within age at the time of 〈◊〉 descent etc. but if a man be diseased and the dysseasour maketh a feoffment upon condition that is to say to yield unto him certain rent and for the default of payment a re-enter etc. if the dysseisy release to the feoff upon condition yet this altereth not the estate of the feoff upon condition as it was before. In the same manner it is where a man is deceased of certain land, and the disseasour granteth a rend charge out of the same land though that after the disse●sy releaseth unto the disseisor, etc. yet the rend charge abideth in his force. And the cause is in these two cases that a man shall have none advantage by such release that shall be against his own proper acceptance and against his own grant. And though that some have said that where the enter of a ma● is congeable upon a tenant if he release to the same tenant that this availeth unto the tenant so as if he had entered upon the te●… and after enfeoffed him. etc. this is not true 〈◊〉 every case for in the first case of these two cases if the dysseisy in fee enter upon the feoff upon condition and after enfeoffeth him, that the condition is all put aside and void. And in the second case if the disseise enter and enfeoff him that granted the rend charge than is the rent charge avoided. But it is not au●…ded by any such release with an enter made. ●c. Also if a man be deceased by a child with●… age the which alyeneth in fe, and the alien ●…eth seized and his heir entereth being the ●…sseisour within age. Now it is in the elecci●…n of the disseasour to have a wryt of Dum fuit ●fra etatem. Or a writ of right against the ●eyre of the alien and which writ so ever he ●…eth of them he aught to recover by the law. And also he may enter into the land without 〈◊〉 recover & in this case the enter of the dys●esi is taken away but in this case if the dys●…sy release his right to the heir of the alien and after the dysseasour bringeth a writ of ●yght against the heir of the alyene, and he ●…neth the mice upon the clear right etc. the ●…unde assize aught by the law to find that the tenant hath more clear right. etc. than hath the dissesour for this that the tenant hath the ●…ght of the dissesy & his release which is more ancient & more clear right than the right of the ●…seasor, for by such release all the right of the ●…seisy passeth unto the tent, & is in the tenant. ●nd to this some have said that in such case where 〈◊〉 hath right to lands or tenements but his enter is not lawful, if he relese unto the tent. ●c. Than such release shall enure by way of ex●…guishment. As unto this it may be said that this is truth unto him that releaseth for by ●is release he hath dismissed himself clean of his ●…ght as to his parson. But yet the right that ●e had may well pass & go unto the tent by his release, for it should be inconvenient that such an ancient right should be extinct all utterly. etc. for it is commonly said that right may not die But a release that goth by the wai of extinguishmnt against all persons, is where he to whom the release is made may not have this that unto h●… is released, as if there be lord and tenant, and the lord releaseth unto the tenant all the right that he hath in the lordship or all the right that he hath in the land. etc. such a release goeth by way of extinguishment against all parsons, for this that the tenant may not have the same of himself. In the same man is a release made to the tenant of the land of a rend charge or of a common pasture for this that the tenant may not have that that unto him is released. etc. So such releases go away by extinguishment against all parsons.  
¶ Also to prove that the grand assize aught to pass for the demandaunt in the case aforesaid I have heard often in the lecture upon the statute of westm the second that beginneth. In casu quando vir amiserit per defaltam tenementum ꝙ fuit ius uxoris sue. etc. that is a● the common law before the statute, if a lease were made to a tenant for term of life the remainder out in fe & a stranger by a feigned action recover against the tenant for term of life by default, & after the tent dieth, he in the remaindre had no remedy before the statute for this that he had no possession of the land, but if he in the remainder had entered upon the tenant for term of life and disseised him, and after the ●enant entereth upon him. and after the tent ●r term of life leaseth by such recover had ●y default and dieth, now he in the remaindre ●aye well have a wryt of right against him ●hat recovered, for this that the mice shall be ●yned only upon the clear right. And yet in ●his case the seisin of him in the remainder, ●…s defeted by the entry of the tenant for ●erme of life. But peradventure some will ●rgue and say that he shall have no writ of ●…ght in this case, for this that when the mice ●…ioyned in such manner, that is to say, if the tenant have more clear right to the land in the manner as it is holden, than the demandant hath in the manner as he demandeth. And for this that the seisin of the demandant was defeted by the entry of the tenant for term ●…yfe, than he hath no right in the manner as ●he demandeth. Unto this it may be said that these words (Modo & forma prout. etc.) 〈◊〉 many cases be words of manner of plea●yng and no words of substance for if a mā●…ing a writ of entry (In casu proviso) of alye●…c̄ made by the tent in dower to his disenheritance, & pleadeth of the alienation made in fe 〈◊〉 the tent saith that he aliened not in the man̄●s the demandant hath declared, & upon this ●hey be at issue, & it is found by verdict that the tenant aliened in the tail, or for term of another's life the demandant shall recover, and yet the alienation was not in the manner as the demandant hath declared.  
¶ Also if there be lord and tenant, and the tenant holdeth of the lord by fealty only, 〈◊〉 the lord dystrayneth the tenant for rent, and the tenant bringeth a wryt of trespass against his lord for his cattle so taken, and the lord pleadeth that the tenant holdeth of him by fealty and certain rent, and for the ten● behind he came to distran. etc. And demandeth judgement of the writ brought against him. Quare vi & armis. etc. And the other saith, that he holdeth not of him in the manner as he supposeth and upon this they be not at issue, and it is found by verdict that he holdeth of him by fealty tantum in this case the writ shall abate, & yet he held not of the lord in the manner as the lord had said for the matter of the issue is whether the tenant holdeth of him or not. For if he hold of him though the lord distrain for other services that he aught not to have yet such writ of tnns. Quare vi & armis. etc. lieth not against the lord but shall abate.  
¶ Also in a writ of trespass of bearing or of goods taken if the defendant plead nothing culpable in the manner as the plaintiff supposeth and it is found that the defendant is culpable in another town or at another day than the plaintiff supposeth yet he shall recoun. And in many more other cases these words, that is to say in the manner as the demandaunt or the plaintiff hath supposed, be no matter of substance of that issue for in a writ of right whe● the mice is joined upon the clear right it is as much to say and to such effect that is to wit, whether hath the more right the tenant or ●he demaundaunte to the thing so demanded. etc.  
¶ Also if a man be deceased and the disseasor dieth seized. etc. and his son entereth by dys●ent, and the disease entereth upon the heir of the dysseasour, the which enter is a dysseasy etc. if the heir bring assize or a writ of right against the dysseysy he shallbe barred. For this ●hat when the grand assize is sworn their ●…he is upon the clear right and not upon the possession. etc. for if the heir of the dysseasour had brought assize of novel dysseasyn, or a writ of enter in nature of assize and recovered against the dysseisi and sued execution yet may the dysseasi have a wryt of enter in the per against him of the dysseasin made unto him by his father, or he may have against the heir a wryt of right. But if the heir aught to recover against the dysseasi in the case aforesaid by writ of right than all his right shallbe clear 〈◊〉 gone, for this that a final judgement should ●e given against him which should be against reason where the disseisy hath more clear right ●c. And know ye my son that in a wryt of ●yght after this that the four knights be chosen in the grand assize, than there is no ●…eater delay than a writ of formedon after ●his that the parties be at an issue. etc. & if the mice 〈◊〉 joined upon battle than there is less delay  
¶ Also a release of all the right. etc. in some cas● is good made unto him that is supposed tenant in the law though he have nothing 〈◊〉 the tenements as in a Praecipe quod reddat● if the tenant alien the land hanging the wr●… and after the demandant releaseth to him 〈◊〉 his right that release is good, for this that 〈◊〉 is supposed to be tenant by the suit of the demandant and yet he hath nothing in the 〈◊〉 at the time of the release made. In the sam● manner it is if in a praecipe quod reddat, the t●nant vouch, and the vouch enter in the g●rantye, if after the demandant release to th● vouch all his right. etc. this is good enough for this that the vouch after this that he ha● entered in the garranty is tenant in lawe● the demandant.  
¶ Also as two releases of actions reals a●… actions parsonels it is so that some accyo● be mixed in the realty and in the parsonaltie as if an action of waist be sued against the ●…nant for term of life, this action is in the realte for this that the place wasted shallbe ●…uered, & also it is in the parsonaltie, for this triple damage shallbe recovered for the wrong & waste done by the tenant, & for this in this ●…cion a release of action real is a good pice 〈◊〉 bar & so is a release of actions ꝑsonels. I● the same man it is in assize of novel disseisi, 〈◊〉 this that it is mixed in the realty and in the p●…sonaltie. But if such assize be arraigned agay●… the disseasour the tenant of the disseisor m●… ●lede a release of actions parsonels for to bart ●e assize but not a release of actions reals for ●one shall plead a release of acc reals in assize, at the tenants. etc.  
¶ Also in such actions that behoveth to be ●ed against the tenant of the franktenemnt 〈◊〉 the tenant have a release of actions reals 〈◊〉 the demandant made unto him before the brytte purchased and he pleadeth it this is a ●…od ple for the demandant to say, that he ●at pleadeth that ple, had nothing in the frank ●nemēt in time of the release made, for that 〈◊〉 had no cause to have action real against ●ou.  
¶ Also in such case where a man may ●er in lands or tenements, he may have ●l this an action real, which is given unto him 〈◊〉 the law against the tenant. As in this case, ●e demandant release to the tent all man acc̄●als, yet this taketh not away the entry of 〈◊〉 demandant but the demandant may well ●ier. Notwithstanding such release for this 〈◊〉 nothing is released but the action. etc. In ysame manner it is of things parsonels. As 〈◊〉 a man wrongfully take my goods, if I ●ease unto him all actions parsonels yet I 〈◊〉 by the law take my goods out of his ●…ssession.  
Also if I have cause to have a writ of desyte of my goods against another though that release unto him for all actions ꝑsonels, yet ●aye take my goods out of his possession, for this that no right of goods is released t● him but only the action. etc. Also if a man b● diseased, and the dysseasour maketh a feoffment unto divers parsons to his use, & th● dysseasour continually taketh the profits 〈◊〉 and the disseasy releaseth unto him all action reals, and after he sueth against him a w●… of enter in nature of assize because of the statute for this that he taketh the profits. Esquire how the dysseasour shall be holpen by 〈◊〉 said release, for if he will plead the release generally, than the demandaunt may say that had nothing in the franktenement at the t●… of the release made, and if he plead the rele● specially then it behoveth him to know a dyss●syn, and than may the demandant enter land. etc. by his conisance of the dysseas●… But peradventure by especial pleading may be barred of the action that he sueth though that the demaundaunte may ●tre. etc.  
¶ Also if a man sue appelle of felony of 〈◊〉 death of his ancestor against another th●… the appellant release unto the defendant 〈◊〉 man acc reals & ꝑsonels, this shall not help 〈◊〉 defendant, for this that this appeal is not 〈◊〉 acc real insomuch that the appellant shall 〈◊〉 recover any realte, nor such appeal is no a●… parsonal. In so much that the wrong w● unto his ancestor and not unto him but of release to the defendant all manner of accy●… than it shallbe a good bar in the appeal, 〈◊〉 so a man may see that a release of a manner of actions is better than release of all manner of actions and parsonals etc.  
¶ Also in appeal of robbery if the defendant will plead a release of the appellant of all actions parsonels, this seemeth no plea, for an action of appeal where the appellaunt shall have judgement of death. etc. it is more high ●han an action parsonel, and it is not properly said an action parsonal, and therefore if the defendant will have a release of the appellant to bar him of the appeal, it behoveth him to have a release of all manner of actions of appeal of release, or of all manner of actions as it ●emeth etc. But in appeal of maim a release of all manner of actions parsonals is a good ple 〈◊〉 bar, for this that in such an action he shall recover but damages.  
¶ Also if a man be outlawed in an action par●onall by process of the original and bring a ●rit of error, if he at whose suit was out ●…ed will plead against him a release of ac●…ons parsonals this seemeth no plea, for by 〈◊〉 said action he shall recover nothing in the parsonaltie, but all only to reverse the outla●, but a release a writ of error shallbe a good ●ee etc.  
¶ Also if a man recover debt or damage and ●e release to the defendant all manner of actions ●… the may lawfully sue execution by Capi●ad satisfaciendum or by Elegit, or by Fieri ●as, for execution by such writ may not be said an action, but if after a year and a day the playntif will sue a Scire facias to have execution etc. then it seemeth a release of all actions shallbe a good plea in bar, but some have thought the contrary insomuch that the writ of Scire facias is a writ of execution, & is to have execution. But in so much that upon the same writ the defendant may plead divers matters after the judgement given to put him fro● execution as outlary & divers other etc. therefore it may well be said action etc. and I tro● that in a Scire facias out of a fine a release of all manner of actions is a good ple in bar, but where a man hath recovered det●e or damage & it is accorded between them that th● playntif shallbe put out fro action than it behoveth that the plaintiff make a relese to hi● of all manner of actions.  
¶ Also if a man relese to another all manner demands, this is the most best release, that h● to whom the release is made can have, & most sha● enure to his advantage, for by such relese 〈◊〉 all manner of demands all manner of actions ●…als & parsonals, & actions of apples be gone 〈◊〉 extinct, and all manner of execuc be gone an● extinct. And if a man had title to enter in an● lands or tenements by such release his title is gone & if a man have rend service or re● charge or common of pasture etc. by such reier of all manner demands to the tenant of th● land whereof the service or the re-enter is g●ing out, or in what land soever the commo● be, the service and rent, and the common is gone and extinct. etc.  
¶ Also if a man release to another all manner quarrels, or all controversies or debates between them. Inquire to what matter, and to what effect such words extend.  
¶ Also if a man be bound by his deed to another in certain sum of money to pay at the feast of S. Michael than next following &c. if he oblige before the said feast release to the obligor all nations he shallbe barred of the duty for ever, & yet he might have no action at the time of the release made. But if a man let land to another for term of years to yield at the feast of saint Michael next ensuing xl shillings and before the same feast he releaseth to the 〈◊〉 see all actions, yet after the same feast he shall have an action of detie for the non payment of the xl shilinges. Notwithstanding the said release. Study the cause of the diue●…itie between these two causes.  
¶ Also where a man will sue a writ of right 〈◊〉 behoveth that he plead of the disseisin of him 〈◊〉 of his ancestors, & also that the seisin was in 〈◊〉 of the same king as he pleadeth in his ple 〈◊〉 this is an ancient law used as it appeareth by report of a certain ple, in such form as ensueth Sir john Barrey brought a writ of ●ight against Raynolde A●shlyngton, and demanded certain tenements et cetera t●e ●…se was joined in the bank, and the original and the process were sent before justices errantes, where the parties came and the xii knights were sworn without challenge of the parties to be allowed for this that the election was made by assent of the parties with the four knights and the oath was such, that I shall say troth etc. whether R. of A. have more right to hold the tenements that john Barray demandeth against him by his writ of right or john to have the tenement▪ as he demandeth and for nothing to let to say the troth as god me help. etc. without saying to their esteeming and such oath shalb● made in attaint and in battle and in waging of law for those do every thing unto an end. But john Barrey pleaded of the disseisin of one Ralph his ancestor in time of king Henry, and Raynold upon the mese joined tendered half a mark for the time etc. and upon this said Clear justice at the grand assize, after this that they were charged upon the clear right. Good man Raynold gave half a mar●… to the king to the intent that he find that the ancestor was not seized in time that the demandant hath pleaded no further upon the right and for this ye shall say to us whether the ancestor of john Ralph by name was sensed in the time of king Henry as he hath pleaded or not & if he find that he was not seized in the time ye shall inquire no more and if y● find that he was seized, than inquire farther of the right and after the grand assize ca● with their verdict, and saying that Ralph wa● not seized in the time of king Henry, whereby it was awarded that Raynold should hold the tenements against him demanded to him & to his heirs quite out of I. Barrey & his heirs to the remanant, and john in the mercy.   

¶ confirmation. Ca 9  
A Deed of confirmation is most commonly in such form or to such effect. Noverint universi etc. me A. de B. ratificasse, approbasse 〈◊〉 confirmasse C. de D. statum & possessun quos habeo de & in meswagio etc. cum pertinentiis in N. and in some case a deed of confirmation is good and vailable, and where in the same cause a deed of release is not good nor vailable. As I let land to a man for term of his life, the which letteth the same land to another for xl years, by force of the which he is possessed, if I by my deed confirm the state unto the tenant for term of years, and the tenant in term of life dieth during the term of ●…s years may not enter in the land during the same term, yet if I by my deed of release have released to the tenant for term of years in the life of the tenant for term of life the release shallbe void, for this that than no pri●itie was between me and the tenant for ●erme of years for a release is not available 〈◊〉 the tenant for term of years but where a ●iuitie is between him, and him that relea●eth. In the same manner is if I be disseised and ●he disseisor maketh a release to another for term of years. Also if I be dysseysed and I confirm the state of the dysseisour than he hath a good and rightful estate in fee symp●… though that in the deed of confirmation no mention is made of his heirs, for this that he h●… fee simple at the time of the confirmation, for 〈◊〉 such case if the disseisi confirm the state of 〈◊〉 disseisor to have & to hold to him for term 〈◊〉 his life, yet the disseisor hath fe simple & is seize in his demene as of fee for this that when h●… estate was confirmed he had fe simple & in suc● deed he may not change his estate without ●tre upon him etc. In the same manner is if the esta●… be confirmed for tme of a day or for term of 〈◊〉 other he hath a good estate in fe simple or cō●mare firmum facere. Also if ii be disseisours 〈◊〉 the disseisi releaseth to the one, he seal ho●… his fellow out of the land, but if the disseisi confirm the state of the one without more sp●… in the deed, some say that he shall not hold his ●low out, but he shall hold jointly with him, 〈◊〉 this that nothing was confirmed but his estate was joint, & for this some have said that 〈◊〉 jointenntꝭ be & the one confirmeth the estate the other, that he hath but a joint estate as 〈◊〉 had before but if he have such words 〈◊〉 deed of confirmation to have & to hold to 〈◊〉 & to his heirs all the tenements whereof 〈◊〉 on is made in the confirmation, than he h●… estate sole in the tenements, & therefore it is good & a sure thing in every confirmation have these words to have & to hold the ●…nementes. etc. in fee or in fee tail or for term of life or for term of years after as the cause or the matter is, for to the intent of some if a man set land to another for term of life & after he confirmeth his estate by these words to have & to hold his estate to him & to his heirs, this confirmation as concerning his heirs is voided, for his heirs can not have his estate which was but for term of life but if he confirm his estate by these words to have the same land to him & to his heirs this confirmation maketh fee simple in this cause to him in the land for this that they have & hold etc. goth to the land & not to the estate that he hath etc. Also if I let certain land to a woman sole for term of her life the which taketh a husband, & after I confirm the estate to the husband & to the wife forterme of their two lives in this case the husband holdeth not jointly with the wife but holdeth the right of his wife for term of his life but this confirmation shall enure to the husband by way of remaindre for term of his life if he survive his wife, but if I let land to a woman sole for term of years which taketh a husband, & after I confirm the state to the husband and the wife for term of both their lives, in this case they have joint estate in the franktenement of the land for this that the wife had no frank tenement before. Also if a parson of a church charge the glebe of his church by his deed, and the patron and the ordinary confirm the same grant and all that is comprised within the same grant, than the same grant shallbe in his strength after the purpose of the same grant, but in such case it behoveth that the patron have fee simple in the avowson or if he have estate in the avowson for term of life or in tail, than the grant shall be but during his life and the life of the parson that granted it. etc. Also if a man let land forterme of life which tenant for term of life chargeth the land with a rent in fee, & he in the reversion confirmeth the same grant, this charge is good enough and effectual. Also if ordinary hath nothing to meddle nor to do, the patron of the chantry, and their chaplain of the same chantry may charge the chantry with a rend charge in parpetuitie. Also in some case these verbs dedi & concessi have the same effect in substance and shall enure to the intent as this verb confyrmavi, as if I be disseised of a plough land and after I make such a deed etc. Sciant presents etc. Quod dedi to the disseisor the said plough land etc. And I deliver all only the deed to him with out liver of seisin of the land, that is good confirmation, and as strong in the law, as if he had in the deed this verb confirmavi etc. Also if I let land to a man for term of years, by force of which he is possessed, and after I make to him a deed etc. Quod dedi vel concessi etc. the same land to have for term of his life, and deliver him his deed than by & by he hath estate in the land for term of his life, and if I say in the deed to have to him and to his heirs of his body engendered he hath estate in the tail, & if I say in the deed to have and to hold to him and to his heirs he hath estate in fee simple, for this shall ●…ure to him by force of confirmation to enlarge his estate. Also if a man be disseised, & the disseisor dieth seized, and his heir is 〈◊〉 by descent, after the disseisy and the heir of the disseisor make jointly a deed to another 〈◊〉 fee, and liver of seisin upon this is made ●s to the heir of the disseisor that ensealeth 〈◊〉 deed the tenements pass by the same deed by way of feoffment, and as to the disseisy that ensealeth the same deed, this shall not en●…e but by way of confirmation, but if the dis●eisy in this case bring a writ of entre in thee (per & cui) against the alyene of the heir of the disseisor inquire how he shall plead that ●ede against the demandant by way of consummation etc. And know ye this my child that it is one of the most honourable, laudable, and profitable thing in our law to have the scycce of well pleading, in actions reals and parso●…ls and for this I counsel thee specially 〈◊〉 set the courage and cure to learn that. Also 〈◊〉 there be lord and tenant, and the lord con●…rmeth the estate that the tenant hath in the tenements, yet the signory holly abideth to ●he lord as it was before. In the same manner 〈◊〉 is, if a man have a rend charge out of a cer●… land, and he confirm the state that the tenant hath in the land, yet abideth to the confirm the rend charge. In the same manner it is if a man have comen of pasture in the land of any other, if he confirm the state of the tenant of the land nothing shall departed from him of his common, but this notwithstanding the common abideth to him as it was before.  
¶ But if there be lord and tenant which holdeth of his lord by service of fealty and twenty s. of rent, if the lord by his deed confirm the state of the tenant to hold by xii d. i d. or by an ob. in this case the tenant is discharged of all other service and shall yield nothing to the lord but that that is comprised within the same confirmation, yet if the lord will by the deed of confirmation that the tenant in this case aught to yield to him an hawk or a rose yearly at such a feast etc. this reservation is void, for this that he reserveth to him a new thing that never was parcel of the services before the confirmation, & so the lord may abbrydge the services by such confirmation but he may not reserve to him a new service etc.  
¶ Also if there be lord mean and tenant, and the tenant is an abbot that holdeth of the mean by certain services yearly the which hath no cause to have a quittance against his mean for to bring a writ of mean etc. In this case if the mean confirm the state that the abbot hath in the land, to have & to hold the land unto him and his successors in frank almoyg● or free aims etc. In this case this confirmaci●… is good, & then the abbot holdeth of the mean in frank almoygn, and the cause is for this, that no new service is reserved for all the services specially specified be extinct & nothing is reserved to the mean, but the abbot shall hold of the land, & that was before the confirmation for the that holdeth in frank almoygn aught to do no bodily service so that by such confirmation it appeareth that the mean shall reserve unto him no new service, but that the lands shallbe holden of him as it was before & in this case the abbot shall have a writ of mean if he be distrained in his default by force of the said confirmation where percase he might not have such a writ before etc.  
¶ Also if I be seized of a villain as if a villain in gross, & another taketh him out of my possession claiming him to be his villain & after I confirm unto him the state that he hath in my villain, this confirmation seemeth void, for this that none may have possession of a man as of a villain in gross & in so much that he to whom the confirmac was made was not seized of him as of his villain at the time of the confirmation, such confirmac is voided, but in this case if such words were in the deed. Sciatis me dedisse & confirmasse tall▪ etc. talem villanum meum, this is good, but this shall cure by force & way of grant, & not by way of confirmation etc. Also sometime these verbs (dedi & concessi) enure by way of extynguyshement of the thing given or granted. As a tenant holdeth of his lord by certain rent, and the lord by his deed granteth to the tenant and to his heirs the rent. etc. this shall enure to the tenant by way of extinguishment, for by this grant the rent is extinct. In this same manner it is where one hath a rend charge of certain land, and he granteth to the tenant of the land the rend charge and the cause is for this that it appeareth by the words of the grant that the will of the donor is that the tenant shall have the rent etc. in so much that he may have no rent out of his own land, for this the deed shallbe understand and take for the most advantage and avail of the tenant that it may be, and that is by way of extinguishment. Also if I let land to a man for term of years & after I confirm his estate without more words put in the deed, he hath no greater estate but for term of years as he had before but if I release to him my right that I have in the land without more words put in the deed, he hath estate of frank tenement and so mayst thou child understand great diversities between relessees and confyrmations. And if I be within age and let land to one for term of twenty years, and he granteth the land for term of ten years so that grant is but parcel of his term. In this case when I am of full age if I release unto the grantee of my lessee etc. This release is void, for this that there is no privity between him and me. But if I confirm his estate then this confirmation is good, but if my lessee grant all his estate to another, than my release made to the grantee is good and effectual. Also if a man grant a rend charge out of his land to another for term of his life, and after I confirm his estate in the said rend to have, and to hold to him in fee tail, or in fee simple, this confirmation is void as to enlargeing of his estate for this that he that confirmed had no reversion in the rent, but if a man seized in fee of rend service or of rend charge, and he granteth the rent to another for term of life and tenant attorneth, and after he confirmeth the estate of the grantee in fee tail or in fee simple, this confirmation is good as to enlarge his estate after the words of the deed of confirmation, for this that he that confirmed the estate at the time of the confirmation had the reversion of the rent etc. but in this case aforesaid, where a man granteth a rend charge to another for term of life, if he will that the grantee shall have estate in the tail or in fee, him behoveth that the deed of the grantee of the rend charge for term of life, be resurrendred or counseled, and then to make a new deed of such a rend charge to have and to take to the grantee in the tail or in fee. Ex paucis dictis pinrima intend▪ ●e potes.   

¶ Attornement. Capi. x.  
ATtornement is if there be lord & tenant and the lord will grant by his deed the service of his tenant to another for term of years or for term of life or in tail or in fee him behoveth that the tenant attorne to the grant in the life of the grantor by force & virtue of the grant or otherwise the grant is void and attornement is none other thing in effect, but when the tenant hath heard of the grant made by his lord, that the same tenant by word agreed to the said grant, as to say to the grantee, I agreed me to the grant made to you, or I am well content of the grant made to you etc. but the more common attornement is to lay, sir I attorn to you by force of the same grant or I become your tenant etc. or to deliver unto the grant i d. ob. or farthing by way of attournment. etc.  
¶ Also if a man be seized of a manner which manner is parcel in demene & parcel inseruice if he will alien in such manner to another, it behoveth that by force of the alienac all the tents that hold of the alienor as of this manner etc. attourne to the alien or otherwise the services abide continually in the alienour, except tenants at will, for it needeth not the tenants at will attourne upon such alienation etc. for this that the same lands or tenements that they hold at will do pass to the alien by force of such alienation.  
¶ Also if there be lord and tenant, and the tenant letteth the tenements to a man for term of life the remainder to another in fee, if the lord grant the services to the tenant for term of life in fee, in this case the tent for term of life hath fee in the services, but services be put in suspense during his life but his heirs shall have the services after his death, & in that case it needeth not an attornement, for by the acceptance of the deed of him that aught to attorne, this is attornement in himself &c. but where the tenant hath as great & high estate in the tenements as the lord hath in the signory, in such case if the lord grant the service unto the tenant in fee this enureth by way of extinguishment. Causa patet.  
¶ Also if there be lord & tenant and the tenant maketh a lease to one for term of life, saving the reverc unto him, if the lord grant the signory to the tent for term of life in fee, in this case it behoveth that he in the reversion attorne to the tent for term of life by force of the grant or otherwise the grant is void for this that he in the reversion is tenant unto the lord.  
¶ Also if there be lord and tenant, and the tenant holdeth of the lord by twenty ma●er of services, and the lord granteth his seig●…ory to an other if the tenant pay or do any of the service to the grantee, this is a good attournment of, & for the services though that the tenants intent was to attourne but of the same parcel, for this that the seygnyorye is an holy thing, though that there be divers manner of services that the tenant aught to do.  
¶ Also if there be lord and tenant and the tenant holdeth of the lord by many manner of services and the lord granteth the services to another by fine, if the grantee sue a Scire facias out of the same fine for any parcel of the services and hath judgement to recover this judgement is a good attornement in the law for all the services.  
¶ Also if the lord of the rent granteth the services unto another, and the tenant attorneth by a penny and after the grant distrayneth for rend behind, and the tenant to him maketh rescous In this case the grantee shall not have assize of the rent but he shall have a writ of rescous for that the gift of the penny was but by way of attornement. But if the tenant had given unto the grantee the said penny as parcel of the rent or an half penny or a farthing by way of seisin of the rent, than this is a good attornement and also it is a good seisin to the grant of the rent. And then upon such rescous the grant shall have assize etc.  
¶ Also if a man let tenements for term of years by force of which the lessee is sessed, & after the lord granteth by his deed of the reversion for term of life or in tail or in fee, it behoveth him in this case that the tent for term of years attorne, or otherwise nothing passeth such grant by such deed, and if in this case the tenant for term of years attourne to the grant, then by and by passeth the franktenement on the grant by such attournment without any liver of seisin. etc. for this if any tiune shallbe made or needeth to be made in such case, than the tenant for term of years shallbe at time of the liver of seisin out of his possession which should be against reason.  
¶ Also if land be let to a man for term of years the remainder to another for term of life reserving to the leasour a certain rent by year and liver of seisin is made upon this to the tenant for term of years, if he in the reversion in such case grant his reue●… into another. etc. and the tenant that is in the remainder after the term of years atturneth ●…is is a good attornment, and he to whom the reversion is granted by force of such attournment shall distrain the tenant for tme a years for the rent due after such attournment though the tenant for term of years never attourned unto him, and the cause is for 〈◊〉 where the reversion is dependaunt upon he statute of franktenement, it sufficeth that the tenant of the franktenement attorn upon such grant of reversion. etc. and it is to ●ytte that where a lease for term of years or for term of life or a gift in the tail is made to any man reserving to such a leasour or do●…r certain rent, if such a leasour or donor grant his reversion to another, & the tenant of the land attourne, the rent passeth to the grantee though in the deed of the grant of reversion, no mention is made of the rent, for this that the rent is incident to the reversion in such case, and not econuerso, for if a man will grant the rent, in such case unto another, reserving to him the reversion of the land though the tenant attourne to the grantee this shallbe but a rent seek. etc.  
¶ Also if a man let land unto another for term of life, and after such lease he confirmeth by a deed the estate of the tenant for term of life, the remainder to another in ●e, and the tenant for term of life, accepteth the deed, then is the remainder in deed to him to whom the remainder was given or limited in the same deed, for by the acceptance of the tenant for term of life of the same deed th●… is a grant of him and so an attournment 〈◊〉 law, but yet he in the remainder shall have none action of waist nor other benefit by such remainder, but if that he have the same deed ● his hand, by which the remainder was granted unto him, and for this that in such case the tenant for term of ly●e will retain to him the deed, to the intent that he in the remainder shall have no action of waist against him, for this that he may not come to have the possession of the deed et cetera. It shall be good in such case for him in the remainder that a deed indented be made 〈◊〉 him that will make the confirmation, and the remainder over et cetera. And that he that maketh such confirmation deliver a part of the indenture to the tenant for tme of life, and the other part to him that hath the remainder, And than he by showing of the part of the endenture may have an action of waist against the tenant for term of life, and all other advantage that he in the remainder may have in such case.  
¶ Also if two jointenants be, which letteth land to another for term of life, yielding to them and to their heirs a certain rent by year. In this case if one of the two jointenants in the reversion release to the other jointenant in the same reversion, this release is good, and he to whom the release is made, shall have only the rent of the tenant for term of life, and shall have a brytte of waist against them though he never attourned by force of such release, and the cause is for the privily that once was between the tenant for term of life, and them in the reversion. In the same manner, and for the same cause it is where a man letteth land to another for term of his life the remainder to another for term of his life, reserving the reversion to the lessor, in this case if he in the reversion release to ●ym in the remainder. etc. And to his heirs all his right. etc. Then he in the remainder hath a fee et cetera. And shall have a writ of ●aste against the tenant for term of life without any attournment of him. etc.  
¶ Also if a lease be made for term of life the remainder unto another in the tail, the remainder over to the right heirs of the tenant to term of life, in this case if the tenant for term of life grant his remainder in fee to another by his deed, that remainder by and by passeth by his deed without any other attornment. For if any aught to attourne, in this case it should be the tenant for term of life. And it were in vain that he attourne upon his own grant. etc.  
¶ Also if there be Lord and tenant and the tenant holdeth of lord by certain rent and knights services if the lord grant the services of the tenant by fine, the services be by and by in the grantee by force of the fine, but yet the lord may not distran for any parcel of his services without attorneys But if the tenant die his heir being within age the Lord shall have the ward of the body of the heir, and of the land, etc. Howbeit that he never atturned For this that the seygnioury was in the grant mayntenant by force of the fine. And also in some case if the tenant die without heir, the lord shall have the tenauncy by way of escheat. In the same manner it is if a man grant the reversion to his tenant for term of life to another by 〈◊〉 the reversion passeth not to the grantee, by force of the fine, but the grantee shall never have action of waist without attournment. etc. But yet if the tenant for term of life alien in fee the grantee may enter. etc. For this that the reversion was in him by force of the fine, and such alienation was to his dishenherytaunce. But in this case where the lord granteth the services of his tenant by fine, if the tenant die, his heirs being of full age the grant by the fine shall not have the relief nor never shall distrain for the relief except there had been an attournment of the tenant that died. etc. for of such things that lieth in distress upon the which a wryt of replegiate is sued. etc. a man aught to avow the taking good, and right wise. etc. there aught to be attournment of the tenant. Howbeit that the grant of such services be by fine. But to have ●arde of lands, and tenements so held during the nonage of the heir or of them to have by way of escheat there needeth not any ●…stresse. etc. But an enter in the land by force of the right of the seignioury that the grant hath by force of the fine. etc.  
¶ Also in ancient boroughs or cities ●her tenements within the same boroughs or cities, been devisable by testament by the custom, and the use. etc. if in such borough or city a man be seized of rend service or of rend charge, and he deviseth such rent or service to another by his testament and dieth. etc. In this case he to whom the devise is made may ●ystrayne for the rent or the services behind, howbeit that the tenant never atturned. In the same manner it is, where a man letteth such tenements devisable to another for term' of life, or for term of years, and devised the reversion by his testament to another in fee or in fee tail and dieth, and anon after that the tenant maketh waste, he to whom the devise was made shall have a writ of waist howbeit that the tenant never attourned, & the cause is for this that the will of the devisor made by the testament shall be performed after the intent of the devisor, and so the effect of this lieth upon the atturm● of the tenant. etc. Then percase the tenant would never attourne, than the will of the devisor should never be performed, & therefore the devise shall distrain or have an acci●… of waist. etc. without attournment, for if a man devise such tenements to another by his testament (habend sibi imperpetuum) and dieth and the devise entereth he hath a fe simple, causa qua supra and yet if a deed of feoffemē● were made to him by the devisor of the sam● tenement (habend et tenendsibi imperpetuo● if liver and seisin were never there upon made, he shall have none estate but fort●… of life etc.  
¶ Also if a man seized of a manor which is parcel in demean and parcel 〈◊〉 services and thereof be dysseysed but the tenant with holden of the Manor, neue● attourne to the disseisor in this case howbe●… that the disseisor die. etc. & his heir is in by d●cent yet may the disseisi dystrayne for the rent being behind and have the service but if the tenants come to the disseisor and say we become your tenants. etc. or otherwise mad by attournment to him. etc. and after the disseisor dieth seized. etc. then the disseisy may not dystcayne for the rent, for this that all the manner descendeth to the heir of the disseisor But if one hold of me by rend service which is a service in gross and another that no right hath claimeth the rent and receiveth and taketh the same rent of my tenant by coaction of distress or by other form and so disseaseth me by taking such rent, howbeit that such a disseisor, die seized by such taking of the rent yet after his death I may well dy●…ayne for the same rent being behind before the death of the disseisor, and after his death and the cause is for this, that such is not my disseisor but by election at my will for howbeit that he took the rent of the tenant I may at all times distrain my tenant for he rend behind et cetera so it is to me but is I will suffer the tenant to be by so much time behind of payment to me of the same rent, for the payment of my tenant to another to whom he ne ought to pay is no disseisin to me nor shall not put me ●…te of my rent without my will and election, for how be it that I may have ●…yse against such a taker et cetera, yet this 〈◊〉 at my election if I will take him as my disseisor or not so that such discentes of rents in gross ne putteth not out the lords fro their distress but that at each time they may well distran for the rent behind, and in this case if after the decease of him that so wrongfully take the rent. I grant by my deed the services to another and the tenant atturneth, this is good enough, and the service by such grant, and attournment incontinent be in the grantee. etc. But otherwise it is, where the rent is parcel of the manner and the disseasour dieth seized of the whole manner, as in the case before said.   

¶ discontinuance. Cap. xi.  
DYscontinuaunce is an ancient word in the law and hath divers significations, 〈◊〉 but as to one intent it hath such a signification, that is to say where a man hath aliened to another certain lands or tenements and dieth and another hath right to have the same lands or tenements, but he ne may enter is them because of such alienation. etc. As if an abbot seized of certain lands and tenements in fee, and he alyeneth the same lands and tenements to another in fee tail or for term of life, and the abbot dieth his successor may not enter in the same lands or tenements, howbeit that if that he hath right to have them as in the right of the house, but he is put to his action to recover the same lands or tenements which is called a writ de ingressu si● assensu capituli.  
¶ Also if a man seized of land as in the ●yght of his wife. etc. and thereof enfeoffeth another. etc. and dieth the wife ne may not enter but she is put unto her action the which is called cui in vita.  
¶ Also if tenant in the tail of certain land and thereof enfeoff another. etc. and hath issue and dieth. etc. his issue may not enter in the land, howbeit that he hath right and title to that but that he is put to his action that is called a form on in discendre.  
¶ Also if there be tenant in the tail and the reverc is to the donor, and to his heirs if the tenant make a feoffment. etc. and dieth without issue, he in the reversion may not enter, but is put to his action of formedom in the reverture, and in the same manner it is where the tenant in the tail of certain land where the remainder is to another in the tail or to another in fee, if the tenant in the tail alieneth in fe or in fe tail. etc. & aft dieth with out issue they in the remaindre may not enter, but be put to their writ of form on in the remaindre. etc. and for this that by force of such feoffment & such alienations in the cases aforesaid & in like cases they which have title and right after the death of such a feoffor or alyesor may not enter but be put to their actions, ut supra. Therefore such feoffments and alyenations be called discontinuaunces.  
¶ Also if tenant in the tail be deceased & he releaseth by his deed to the disseisor & to his heirs all the right that he hath in the same land▪ this is no discontinuance for this that nothing of right passeth to the disseisor but for term of life of the tenant in the tail that made there lease. etc. But by the feoffment of tenant in the tail a fe simple passeth by the same feoffment by force of liver of seisin etc. but by force of a release passeth by the same feoffment by force of liver of seisin. etc. but by force of a release passeth, but the right that he may lawfully and rightfully release without hurt or damage to other parsons which thereto have right after his decease. etc. and so it is a great diunsitie between a feoffment of the tent in the tail & a release of the tent in the tail. But it is said that if tenant in the tail in this case release to the disseasour & bindeth him & his heirs to warrantise. etc. and dieth, and this warranty descendeth to his issue, then that is a discontinuance because of warrantise. etc. But if a man have issue a son by his wife dieth and after he taketh another wife and the tenements be given to him and his second wife, and to the heirs of their two bodies engendered, and they have issue another son, and than the second wife dieth, and after the tenant in the tail is disseised and he releaseth to his dysseisour all his right et cetera, and bindeth him and his heirs unto warrantise, and dieth, this is no dyscontinuaunce to the issue in the tail by the second wife but he may well enter. etc. for this that the warrantise descended to his elder brother, that his father had by his first wife. In the same manner where tenements be descendable to the younger son after the custom of borough english been tailed. etc. and the tenant in the tail hath issue two sons & is deceased and he releaseth to his disseasour all his right with warrantise and dieth, the younger son may enter upon the disseisor notwithstanding the warrantise, for this that the warrantise descendeth to the elder son, for always the warrantise descendeth. etc. to him that is heir by the common law.  
¶ Also if an abbot be deceased, and he releaseth to the disseisor with warrantise, this is no dyscontinuaunce to high successor, for this that nothing passeth by this release but the right that he hath during the time that he is abbot, and this warrantise is expired by his provision or by his death.  
¶ Also if tenant in the tail be seized of certain land, and he letteth the same land for term of years by force of which lease the lessee is in possession to which possession the tenant in the tail by his deed releaseth all his right that he hath in the same land to the lessee and to his heirs for ever, this is no dyscontinuaunce, but after the decease of the tenant in the tail his issue may well enter, for this that by such release nothing passeth but for term of life of the tenant in the tail. In the same manner if the tenant in the tail confirm the estate of the lessee for term of certain years to have and to hold to him and to his heirs this is a discontinuance for this tha● nothing passeth by such confirmation, but the estate that the tenant in the tail had for term of his life.  
¶ Also if tenant in the tail by his deed grant to another all his estate that he hath in the tenements entailed to him to have 〈◊〉 to hold all his estate to the other and to his heirs for ever and delivereth seisin according. In this case the tenant to whom the alienation was made hath none other estate but for term of life, and so it may well be proud that the tenant in the tail may not grant ne ●…lien ne make any rightful estate of the franktenement to another parson but for term of his own life. etc. for if I give certain land in the tail to a man, saving the reversion to me, and after the tenant in the tail enfeoffeth another in fe, the feoff hath no right estate in the tenements for two causes. One is for that by such feoffment my reversion ●s discontinued which is a wronger act & not a rightful act. Another cause is if the tent die & his issue sueth a writ of form on against the feoff, the writ shall say & also the declaration that the feoff wrongfully him deforced. etc. Ergo if he with wrong him deforced he had no right estate.  
¶ Also if land be let to a man for term of his life the remainder to another in the tail if he in the remainder will grant his remainder to another in it by his deed, & the tenant for term of life attourneth, this is no dyscontynuaunce of the remainder.  
¶ Also if a man be tenant in the tail of ●…owson in gross or of common in gross, if he by his deed will grant the avowson or the common to another in fee this is no dyscontynuaunce, for in such case the grant hath no estate but forterme of the tenant in the tail that made this grant. etc. Note well that such things as pass by way of grant made by deed, and not by act in the country. etc. Such grant maketh no discontinuance as in the case aforesaid and other like cases. etc. And howbeit that such things be granted in fe, 〈◊〉 fine levied in the kings court. etc. yet they make no discontinuance. etc.  
¶ Also if a man be seized in tail of lands deniable by testament. etc. and he deviseth it to another in fee, and dieth, and the other entereth this is no discontinuance, for this that no discontinuance was made in the life of the te●…ment in the tail. etc.  
¶ Also if an abbot have a reversion or a rend service or a rent charge, and will grant that reversion rend service or rend charge to another in fe and the tent atturneth. etc. This is to discontinuance. In the same man it is where 〈◊〉 abbot is seized of avowson or of such things that pass by way of grant without liver of seisin. etc.  
¶ Also if there be grand father tenant in the tail father and son, and the grand father is deceased by the father, and the father maketh a feoffment in fee without warrantise and dieth, and after the grandfather dieth, the son may well enter upon the feoff for this that this was no discontynuaunce in so much that the father was not seized by force of the tail at the time of the feoffment. etc. but was seized in fee by disseisin made to the grandfather.  
¶ Also if a woman inherit have an husband within age, which maketh a feoffment of the tenements of the wife and dieth, it hath been questioned if the wife may enter or not And it seemeth to some men that the entry of the wife after the death of her husband shall be lawful in this case, for when her husband made such a feoffment. etc. He might well enter notwithstanding such feoffment during the coverture, and he might not enter in his own right but in the right of his wife. etc. Ergo such right that he had to enter in the right of his wife. etc. that right of enter abideth to the wife. etc. after his decease, & it hath been said that if two jointenantꝭ being within age make a feffemnt in fe & one of the children dieth & that other surviveth, insomuch the both children might enter jointly in their lives, this right of entry groweth all to him the surviveth, & so he may enter into the hole. etc.  
¶ Also the heir of the husband that made the feoffment within age may not enter, for this that no right descendeth to such an heir in the cose aforesaid for this that the husband had never my thing but in the right of his wife. And also when a child maketh a feoffment being within age, this shall never grieve nor hurt him but that he may well enter. etc. And this should ●e against reason that such a feoffment made ●y him that was not able to make such a feoffment shall grieve or hurt other to Toll other of their entries. etc. And for these causes it se●eth to some that after the death of such an husband so being within age at the time of the feoffment. etc. that his wife may well en●er, etc.  
¶ Also if a woman inheritrice taketh an husband and hath issue a son, and the husband dieth, & she taketh another husband, and that ●econd husband letteth the land that he hath Turrian the right of his wife to another for term of 〈◊〉 life, & after the wife dieth, & after the tent ●…ne of life surrendereth his estate to the se●… husband. etc. inquire if the son of the ●…e may enteer or not in this case upon the second husband during the life of the tenant for term of life. etc. But it is clear law in this ●se that after the death of the tenant for ●me of life, the son of the wife continued may 〈◊〉 enter for this that the discontinuance that was ●de all only for ●m̄ of life is de●mined. etc. by 〈◊〉 death of the same tenant for term of life. etc.  
¶ Also if the parson or vicar of a church alien certain lands or tenements parcel of his glebe. etc. To another in fee and dieth or resigneth. etc. his successor may well enter.  
Notwithstanding such alienation as it is said in a Nota. Anno. two. H. iiii. Termino Michael is quod sic incipit nota quod dictum fui● pro lege. In a writ of account brought by the master of the college that if a parson or a vicar grant certain lands that is of the right of his church to another and dieth o● chanceth that his successor may enter. And I trow that the cause is for this that the p●…son or vicar that is seized. etc. In right of the simple dwelling in none other parson. And for this cause his successor may well enter notwithstanding such alienation. etc. for a bishop may have a wryt of right of tenant of right of his Byshoppreycke, for 〈◊〉 that the right of fee simple abideth in him and in his chapter, and a Dean may ha●… a writ of right et cetera, for this that 〈◊〉 right abideth in him and his chapter, and an abbot may have a writ of right, for th●… that the right abideth in him, and in his conent, et sic de aliis calibus consimilibus. etc. but a parson or a vicar may not have 〈◊〉 writ of right. etc., but the hyghesse wry●… that he may have is a writ, de juris vni●… the which is a great proof that the ryght● of fee simple is in obeyaunce, that is to 〈◊〉 all only in the remembrance entendeme●… and consideration of the law, for me seemeth that such a thing in such a right that is said in divers books to be in by obeisance is as much to say in latin. S. talis res vel taie rectum que vel quod non est in homine ad tunc superstite sed tanto modo est et concistit in consideratione et intelligentia legis. etc. et quidem ●lii dixerunt talem rem aut tale rectum fore in nubibus. etc.  
But I suppose that they understand by these words in nubibus. etc. I have said before.  
¶ Also if a parson of a church die, now the frank tenement of the glebe of the parsonage i● no man during the time that the par●onag is void, but is in obeisance, that is to say, in consideration and intelligence of the law, ●…ll another be made parson of the same church, and immediately when an other is parson the franktenement in deed is to him as successor.  
¶ Also some men peradventure will argue and say, that so much that the parson with the assent of the patron and ordinary may grant a Rend charge out of the glebe of his parsonage in fee, & so charge the glebe of the parsonage perpetually. Ergo they have fee ●…ple, or two or one of them hath fee simple at the least. etc. to this it may be answered that it is principle in law, that of every land there is a fee simple in some man, or else the ●…e simple is in obeyaunce. etc. And another principle is, that every land of Fee simple, etc. may be charged with a rent charge in fee, by one way or by another. etc. and when such rent is granted by the deed of the parson the patron and the ordinary in fee, none shall have no prejudice or loss by force of such grant. But the grauntours in their lives, and the heir of the patron, and successor of the ordinary after their deceases, and after such charge if the parson die, his successor may not come to the said church to be parson of the same church by the law. But by presentment of the patron and admission and institution of the ordinary. etc. And for this cause it behoveth that the successor hold him content and agreed with that which his patron and ordinary lawfully have done before. But the cause that such rent charge is gone for this that they which had entries in the said church, that is to say, the patron after the law temporal, and the ordinary after the law spiritual were assented or parties unto such a charge. etc. & thus seemeth the very cause that such glebe may be charged in perpetuity. etc.  
¶ Also if a bishop alien lands which be● parcel of his bishopric, and dieth, this is a discontinuance to his successor, for this that he ne may not enter, but is put to his writ. De ingressu sine assensu capituli. etc.  
¶ Also if a Dean alien land parcel of his Deantye and dieth his successor ne may not enter, but he may have a wryt. Et ingressu sine assensu episcopi et capituli. etc.  
But if the Dean, and the chapter have land to them, and to their successors in comen. etc. How be it that the Deane alien such lands, his successors may well enter for ●his that the frank tenement at the time of the alienation was as well in the Chapitre as in the dean. But where the Dean is sole seized as in right of his deanery, than such alienation is discontinuance to his successure, as it is aforesaid. Also some men will argue and say that if an abbot and his comente be seized in their demean, as of fee of certain land to them and to their successors etc. and the Abbot without assent of his Co●…ente alieneth the same land unto an other, and dieth, this is a discontinuance to his successors. etc. and by the same they will say, that where a Dean and a chapitie be seized of certain land to them or to their success●ures, if the Deane alien the same lands. etc. this shall be a discontinuance to his succesours. So that his successor ne may not ●…e. etc. To this may be answered, that ●here is great diversity between the said 〈◊〉 causes, for when an abbot, and the co●…ente be seized. etc. yet if they be disseised the abbot shall have assize in his own ●…me without the naming of his Co●…e. etc. And if a man may or will sue a ●…ecipt quod reddat of the same Lands than they be in the hands of the abbot ●…d his covent, it behoveth that such an action be sued against the Abbot only without naming of the covent. etc. For this that all they be dead parsons in the law, save only the Abbot that is sovereign. etc. and this is cause of the sovereignty. etc. for else he should be as one of the other monks of the covent. etc. But the dean and the chapter be no dead parsons in the law. etc. For each of them may have an Action by himself in divers cases, and of such lands or tenements which the Dean and chapter have in common. etc. of they be diseased, that the Dean and the chapiter shall have assize, & not the dean alone, and if an other will have an Action real of such lands or tenements against the dean etc. it behoveth him to sue against the dean and chapter, and not against the dean alone etc. and so appeareth great diversity between these two cases. etc.  
¶ Also if the master of an Hospital discontinue certain land of his hospital, his successors ne may not enter, but he is put unto his writ. De ingressu sine assensu confirm̄e● sororum suorum, and all such writs do pl●…ly appear in the register. etc.   

remitter. Capi. xii.  
remitter is an ancient term in the law and it is where a man hath two titles t● land or tenements, that is to say, of an elder title, and an other of the latter title, and he cometh to the land by the latter title, ye● the Law adjudgeth him to be in by force of the elder title, for this that the elder title is the more sure title; and the more worthy title, and then when a man is judged in by force of the more elder title, this is unto him said a remitter, for this that the law shall admit to be in the land by the elder title, as if the tenant in the tail, discontinue the tail, and after he disseaseth his discontinue, and so byeth seized, where by the tenements descend to his issue, as to his co●yn inheritable by force of the tail, in this case this is to him to whom the tenements descend, which hath right by force of the tail, a Remitter in the tail taken, for that that the law shall put and adjudge him to be in by force of the tail, which is his elder title, for if he shall be in by fort of descent, than the discontinue may have a writ of entry upon the dysseasyn in the per, against him, and recover the tenements, and ●s damages but in so much that he is in by ●…rce of the tail, the title and the intresse of the discontinue, is all utterly annulled and defeated. etc.  
¶ Also if tenant in the tail in feoff in fee, ●s son or his cousin inheritable by force of the tail, the which son or cousin at the ●…e of feoffment is within age, and after the ●enaunte in the tail dieth, and he to whom 〈◊〉 feoffment was made in his heir by force ●f the title in the tail, this is a remitter to 〈◊〉 the heir in the tail, to whom the feoffment is made. For how be it that during the life of the tenant in the tail that made the feoffment such heir shall be adjudged by force of the feoffment, yet after the death of the tenant in the tail, the heir shall be adjudged in by force of the tail. etc. and not by force of the feoffment, and though that such an heir was of full age at the time of the death of the tenant in the tail that made the feoffment, this maketh no matter if the heir were within age at the time o● the feoffment made to him, and if such a● heir being within age at time of the feoffment cometh to full age living the tenant that made the feoffment, and so being of full age, he chargeth by his deed the same land with a comen of pasture, or with a rent charge, and after the tenant in the tail dieth. Now it seemeth that the land is discharged of an other estate in the land, than he was at the time of the charge made, i● so much that he is in his remitter by forc● of the tail, and so the estate that he had 〈◊〉 the time of the charge is utterly defeated. etc.  
¶ Also a principal cause is, why such a● heir in the cases aforesaid, and other case● semblable shall be said in his remitter, 〈◊〉 for this that there is no parson against wh●… that he may sue his writ of formedon, for against himself he may not sue, and he may not sue against nonother, for none other is tenant in the frank tenement, and for tha● 'cause the law adjudgeth him in his remitter, that is to say, in such plight as he had lawfully recovered the same land against an other.  
¶ Also if land be tailed to a man, & his wife, and to the heir of their two bodies engendered the which have issue a daughter, and the wife dieth, and the husband takaeth another, and hath issue an other daughter, and discontinueth the tail, and after he dissey●eth the discontinue, and so dieth seized, now the land descendeth to the two daughters. In this case is to the elder daughter that is inheritable, this is a remitter, but of the half, and as to the other half, she is put to her action of formedon against her sister, for in this case two sisters be not tenants in percenary, but be tenants in comen, for this that they be in by divers titles, for the one sister is in her remitter by force of the tail, as to that that unto her belongeth, And the other sister is in as to that, that belongeth to her in fe simple by the descent of her father. In the same manner it is if the tenant in the tail enfeoff his heir apparent in the tail being the heir within age, and another joint-tenant in fe, and the tenant in the tail dieth. Now the heir in the tail is in his remitter as to the half, & as to the other half he is put to his writ of formnd. etc.  
¶ Also if tenant in the tail enfeoff his heir apparent, the heir being of full age at time of the feoffment & after the tent in tail dieth this is no remitter to the heir, for this that it was his own folly, that he being of full age would take such feoffment. etc. But such folly may not be adjudged in the heir being within age, at the time of the feoffment. etc.  
¶ Also if tenant in the tail enfeoff a woman in fee, and dieth, and his issue within age taketh the woman to wife, this is a remitter to the child, and the wife than hath nothing, for this that the husband and the wife been but one parson in the law. And in that case the husband may not sue a writ of Formedon, but if that he will sue against himself, the which shallbe inconvenient, and for that the law judgeth the heir in his remitter for this that no folly may be areted to him being within at the time of the spousayles. etc. And if the heir be in his remitter by force of the tail, it followeth by reason that the wife hath nothing. etc. for in so much that the husband and the wife be but one parson, the land may not be severed by halves, and for such cause the husband is in his remitter of the whole. But otherwise it is, if such an heir be of full age, at the time of the spousayles, that than the heir hath nothing but in the right of his wife.  
¶ Also if a woman seized of certain land in fee, taketh an husband, the which alieneth the same land to an other in fee, and the alienee letteth the same land to the husband and the wife for term of their two lives, saving the reversion to the lessor, and to the heir, in this case the wife is in his remitter, and she is seized in deed in her demean as in fee, as she was before, for this that the taking of estate shallbe adjudged in the law, the deed of the husband, and not the deed of the wife, so that no folly may be judged in the wife that is covert in such case. And in this case the lessor hath nothing in the reversion for this that the wife is seized in fee. But in this case if the lessor will sue an action of waste against the husband and his wife, for this that the husband hath made waste, the husband may not bar the lessor for to show this that the taking of estate made unto him and to his wife made a remitter to his wife, for this that the husband stopped to say this against his feoffment, and own reprysell of estate for term of life to him and his wife, and yet the lessor hath no reversion, for this that the fee simple is in the wife, so a man may see a matter in this case, that a man shall be stopped by a matter in deed, though no writing by deed indented or otherwise be thereof made. But if an action of waste, the husband make default at the grand distress, and the wife prayeth to be received, and is received, she shall well show all the matter, and how she is in her remitter, and shall bear the lessor of his action. For in every case that the wife is received for default of her husband, she shall plead and have the same advantage in pleading as she were a woman sole. And howbeit that the alienee made the lease to the husband & his wife by deed indented, yet this is a remitter to the wife, and though the alien yielded the same land to the husband and his wife by fine for term of their lives, yet this is a remitter to the wife, for this that the wife covert that taketh estate by fine shall not be examined by the justices. And here note well that when any thing shall pass fro the wife that is covert of husband by force of a fire the husband and his conisaunce of right to another. etc. or make a grant and yield to an other, or release by a fine to an other. Et sic de similibus where the right of the wife passeth fro the wife by force of the same, the wife in all such cases shallbe examined before that the fine be accepted. And such fines conclude such wives covert for ever. But where nothing is moved in the fine, but all only that the husband and the wife take estate by force of the same fine, this shall conclude the wife for this that in such case she shall never be examined.  
¶ Also if tenant in the tail discontinue the tail and hath a daughter and dieth, and the daughter being of full age taketh an husband, and the discontinuaunce maketh a lease of this to the husband & his wife for term of their lives, this is a remitter in deed of the wife, & the wife is in by force of the tail, causa qua supra  
¶ Also if land be given to the husband and his wife to have and to hold to them and to the heirs of their two bodies begotten, and after the husband alieneth the land in fee, and taketh again an estate to him and to his wife, for term of their two lives. In this case this is a remitter in deed to the husband and the wife maugre the husband, it may not be a remitter to the wife, except it be a remitter to the husband, for this that the husband and his wife be but one parson in the law, though that the husband is stopped to claim, this to be a remitter in him against his alienation and his own repriseli as it is aforesaid.  
¶ Also if Land be given to a woman in the tail, the remaindre to another in the tail, the remaindre to the third in the tail, the remaindre to the fourth in fee, and the wife taketh an husband, and the husband discontinueth the land of the wife, by this discontinuance all the remayndres be discontinued. for if the wife die without issue, they in the remainder shall have no remedy, but to sue their writs of formedon in the remainder when they come to their time. etc. But if after such discontinuance estate be made to the husband and his wife for term of their two lives, or for term of an others life, or an other estate. etc. for this that this is a remitter to the wife, this is a remitter to all those in the remainder. etc. for after this that the wife that is in her remitter dieth without issue they in the remainder may enter. etc. without any action or suit. etc. In the same manner it is of them which have the reversion after such tail. etc.  
¶ Also if a man let a house to a woman for term of her life, saving the reversion to the lessor, and after one sueth a faint and fail action against the woman, and recovereth the house against her by default, so that the woman may have against him a writ. Quod ei deforciat, after the Statute of westm the second, capitulo four now is the reversion of the lessor discontinued, so that he ne may have no action of waste. But in this case if the woman take an husband, and he that recovereth letteth the house to the husband and his wife for term of their two lives, the wife is in her remitter by force of the first lease. And if the husband and the wife make waste, the first lessor shall have against him a wryt of waste for this, that in so much that the wife is in her remitter, he is remitted to his reversion.  
But it seemeth in this case if he that here cometh by the false action, will bring another writ of waste against the husband and his wife, the husband hath no remedy against him, but to make default at the great distress. etc. And to 'cause the wife to be deceived and to plead the matter against the second lessor, and to swear that the action by which he recovered, was false and feigned in the law, & so the wife may bar. etc.  
¶ Also if the husband discontinue the land of his wife, and after taketh estate to him and to his wife, and to the third man for term of their lives, or in fee, this is a remitter to the woman, but as to the moiety. And as for the other moiety it behoveth her after the death of her husband to sue a Cui in vita.  
¶ Also if the husband discontinue the land of his wife, and go over the sea, and the discontinue let the same land to the woman for term of life, and deliver to her seasyn, & after the husband cometh and agreeth to that lyvereth her seasyn, this is a remitter to the woman, and yet if the woman had been sole at the time of her lease made to her, this should be to her a remitter, but in so much as she was covert baron at the time of the lease, and the liver of seasyn made to her, though that she only take the liver of seasyn, this was a remitter to her, because a woman covert shall be adjudged as an infant within age in such case. etc. inquire in this case if the husband when he cometh again will disagree to the lease and lyvere of seasyn made to his wife in his absence if this shall put the woman fro her remitter.  
¶ Also if the Husband discontinue the tenements of his wife, and the discontinue is deceased, and after the dysseasoure letteth the laid tenements to the husband & his wife for term of life, this is a remitter to the wife but if the husband and the wife were of covin or consent that the disseisin should be made, than it is no remitter to the wife, because she is a disseysouresse. But if the husband were of covin and consent to the disseisin, and not the wife, than such lease made to the wife is a remitter, because that no default was in the wife.  
¶ Also if such a discontinue had made estate of free hold to the husband and the wife made by endenture upon condition S. reserving to the discontinued a certain rent, and for default of payment a re-enter, and because that the rent is behind, the discontinue entereth of this entre the woman shall have assize of novel disseisin after the death of her husband against the discontinue, because that the condition was wholly annulled, in so much as the woman was in her remitter, yet the husband with his wife could not have assize because the husband is stopped.  
¶ Also if the husband discontinue the tenements of his wife, and taketh estate again for term of his life, the remainder after his disease to his wife for term of her life, in this case, this is no remitter to the wife during the life of her husband, because that during the life of the husband, the wife hath nothing in the free hold but in this case the wife over live the husband, this is a remitter to the wife because that a free hold in law is fallen upon her maugre her will, & in so much that she can have no action against none other parson, and against herself she can have no action, therefore she is in her remitter. For in this case though that the woman enter not in the tenements, yet a stranger that hath cause to have Action may sue his action against the woman of the same tenements because she is tenant in law, though she be not tenant in deed, for tenant of franktenement in deed is he, that if he be disseised of franktenement may have assize, but the tenant in the law before his entre shall have no assize, and if a man feyfed in fee of certain land hath issue a son which taketh a wife, and the father dieth seized, and after the Son dieth before any enter made by him into the land, the wife of the son shall be endowed in the land, and yet he had no frank tenement in the deed, but he had a fee and a frank tenement in law, and so note well that a praecipe quod reddat, may as well be maintained against him that hath the franktenemnt in law, as against him that hath franktenement in deed.  
¶ Also if a tenant in the tail haw issue. i● Sons of full age, and he letteth the tailed land to the elder son for term of his life, the remainder to the younger son for term of his life, and after the tenant in the tail dieth. In this case the elder son is not in his remitter because he took estate of his father, but if th'elder son die without issue of his body then this is remitter to the younger brother because he is heir in the tail and a franketenement in law, is fallen upon him by force of the remainder, and there is none against whom he may sue his action. etc. In the same manner it is where a man is deceased and the dysseysour dieth thereof seized, and the tenements descend to his heir and the heir of the disseasour maketh a lease to a man of the said tenements for term of life the remainder to the disseasour for term of life or in tail, or in fee, and the tenant for term of life dieth. Now this is a remitter to the dysseasy. etc. Causa qua supra.  
¶ Also if tenant in the tail enfeoff his son and an other of the tailed land in fee, and livers of seasyn is made to the other according to the deed, the son not knowing thereof, nor agreeing to the feoffment, and after he that took the liver of seasyn dieth, and the son occupieth not the land nor taketh any profit of the land during the life of his father, and after the father dieth, now this is a remitter to the son, because the freehold is fallen upon him by the survivor and no default was in him, because he never agreed. etc. In the life of his father, and there is no● against whom he may pursue his writ of Formedon. etc. For if a man be deceased of certain land, and the disseisor maketh a deed of feoffment, whereof he enfeoffeth. B.C. and D. And the liver of seisin is made to B. and C but D. was not at the liver of seisin nor never agreed to the feoffment nor never would, take the profits. etc. And after B. and C. die, and D. over liveth them, and the dysseisi bridgeth his writ, sur disseisin in the per, against the same shall sue all the matter and how that he never agreed to the feoffment, and so he shall discharge himself of damages so that the demandant shall recover no damage against him though that he be tenant of frank tenement of the land. And yet the statute of Gloucester will that the disseisi shall recover damages on a wryt of enter grounded upon the novel disseisin against him that is found tenant. And this is a proof in the other case that in so much as the issue in the tail cometh to the franktenement & not by his deed nor by his agreement that after the death of his father this is a remitter to him, insomuch that he can sue an action of formedon against none other parson.  
¶ Also if an abbot alien the land of his house to another in fee, and the alien by his deed chargeth the land with a rend charge in fee, and after the al●…n enfeoffeth the abbot with licence to have and to hold to the abbot and his successors for ever, and after the abbot dieth, and another is chosen and mad abbot. In this case the abbot that is the successor, and his covent be, in their remitter, and shall hold the land discharged, because that the same abbot cannot have any action of writ of enter. Sine assensu capituli of the same lands against none other parson. In the same manner it is where a bishop or a dean or other such parson's alien. etc. without assent. etc. And after the bishop taketh estate again of the said land by licence to him, and to his successors, and after the bishop dieth his successor is in his remitter as in the right of his church, and shall defeat the charge. etc. causa qua supra.  
¶ Also if a man sue a false action against tenant in the tail, as if a man will sue against him in wryt of enter in the post, supposing by his writ that the tenant in the tail had not his entre but by A. of. B. that deceased, the grandfather of the demandant, and that is false, and he recovereth against the tenant in the tail by default, and sueth execution, and after the tenant in the tail dieth, his issue may have a wryt of Form do● against him that recovered and if he will plead the recover against the tenant in the tail, the issue may say that the said A. of. B deceased not the grand father of him that recovered in the manner as his writ supposeth and so he shall falsify his recovery. Also suppose that that was true that the said. A. of B. diseased the grand father of the demandant that recovered, and that after the disseisin the demaundaunte or his father, or his grandfather, by a deed had released to the tenant in the tail all the right that he had in the land. etc. And this notwithstanding he sueth his writ of enter in the post against the tenant in the tail in the manner as is aforesaid, and the tenant in the tail pleadeth to him, that the said A. of B. disseised not his grandfather as his writ supposeth, and upon this they be at issue, and the issue is found for the demandant whereby he hath judgement to recover and sueth execution and after the tenant in the tail dieth his issue may have a wryt of formedon against him that recovered. And if he will plead the recover by action tried against his father tenant in the tail, than he may show and plead the release made to his father, and so the action that was sued was faint in the law etc. And it seemeth that faint action is as much to say in English, feigned action, that is to say, such action that though the words of his writ be true yet for certain causes he hath no cause nor title by the law to recover by the same action And false acc is where the words of the writ be false and in the two cases beforesaid if the case were such that after such a recovery, and execution thereof made the tenant in the tail had disseised him that recovered and thereof died seized whereby the land also descended unto his issue this is a remitter to the issue and the issue is in by force of the tail, and for that cause I have put these two cases beforesaid to inform thee my son, that issue in the tail by force of a dyscente made to him after a recover, and execution thereof made against his ancestor may be as well in his remitter as he should be by descent made to him after a dyscontinuaunce made by his ancestor of the tailed lands by feoffment in the country or otherwise.  
¶ Also in the same case aforesaid if the case were such that after the demandant had judgement to recover against the tenant in tail, and the same tenant in the tail died before any execution had against him whereby the tenements descend to his issue, & he that recovered such a scire facias to have execution of the judgement against the issue in the tail the issue shall plead the mat as before is said and so shall prove that the recover was false or faint in the law, and so shall bar him to have execution of the judgement. etc.  
¶ Also if tenant in the tail dyscontinue the tail and die, and his issue bringeth a writ of Formedon against the discontinue being tenant of the freehold of the land, and the discontynue pleadeth that he is not tenant but otherwise dysclaymeth fro the tenancy in the land, in this case the judgement shallbe that the tenant go without day and after such judgement the issue in the tail that is demandant may well enter in the land notwithstanding the dyscontynuaunce. And by such enter he shallbe adjudged in his remitter, and the cause is because that if any man sue a praecipe quod reddat against any tenant of free hold, in which action the demandant shall not recover damages, and the tenant pleadeth not nontenure but otherwise dysclaymeth in the tenauncy, the demandant may not aver his writ that he is tenant as the writ supposeth. And for that cause the demandant after that, that judgement is given that the tenant shall go without day, may enter into the tenements demanded, the which shall be as great advantage to him in the law as if he had judgement to recover against the tenant. And by such enter he is in his remitter by force of the tail, but by writ the demandant recovereth damages against the tenant, the demandant may aperre that he is tenant as the writ supposeth, and that for the advantage of the demandant for to recover his damages, or else he shall not receive his damages the which damages be or were given him by the law.  
¶ Also if a man be deceased and the disseisor die his heir being in by descent now the entry of the disseisi is taken away. And if the dysseysy bring his writ of enter upon the disseisin in the par, against the heir, & the heir disclaimeth in the tenauncy. etc. the demandant may aver his writ, that he is tenant as the writ supposeth if he will, for to recover his damages. But yet if he will leave the averment et cetera, he may lawfully enter into the land, because of the dysclaymer, notwithstanding that his enter before was taken away. And that was adjudged before my master sir Robert Danby late chief justice of the common place, and his companions.  
¶ Also where the enter of a man is lawful though that he take estate to him when he is of full age for term of life, or in tail, or in fe, this is a remitter to him if such taking of estate be not by deed indented or by matter of record that shall conclude or stop him. For if a man be deceased and thereof taketh estate of the disseisor without meed or by deed pol, that is a good remitter to the disseisi.  
¶ Also if a man let land for term of life to another which alyeneth to another in fe, and the alley nor maketh estate to the lessor, this is a remitter to the lessor because his entre was lawful.  
¶ Also if a man be disseised and the disseisor letteth the land to the disseisi by deed poll or without deed for term of years, whereby the disseisi entereth, this enter is a remitter to the disseisi. For in such case where the enter of a man is lawful, and a lease is made to him though that he claim by words in the country that he hath estate by force of such lease or saith openly that he claimeth nothing in the land, but by force of such lease, yet this is a remitter to him, for such claim in the country is nothing to purpose, but if he claim in the court of record that he hath estate but by force of such lease and not otherwise then he is concluded. etc.  
¶ Also if two jointenants seized of certain land in fee the one being of full age the other within age be disseised, and the disseisor dieth seized & his issue entereth, the one of the jointenants being then within age, and after that he cometh to full age, the heir of the disseisor letteth the land to the same jointenant for term of their lives, this is a remitter as to the half to him that was within age because that he is seized of that moiety that belongeth to him in fee, because his entry was lawful. But the other jointenant hath in the other half but estate for term of life by force of the lease because his entry was taken away. etc.   

¶ Warranty. Cap. xiii.  
IT is commonly said that there be three manner of warranties, that is to say, warranty lineal, warranty collateral, and warranty that beginneth by disseisin. And it is to wit that before the statute of Gloucester all warranties which descended to them which were heirs to them that made the warranty were bars to the same heirs to demand any lands or tenements against those warranties except the warranties that began by disseisin for such warranty was never bar to the heir because the warranty began by wrong that is to say by disseisin.  
¶ Warranty that beginneth by disseisin is such form. As where there is father and son, & the son doth purchase land. etc. and letteth the same land to his father for term of years & the father by his deed thereof enfeoffeth another in fe, and bindeth him and his heirs to warranty, and if the father die whereby the warranty descendeth to his son, this warranty shall not bar the son, for notwithstanding this warranty the son may well enter in the land or have an assize against the alien if he will, because the warranty began by disseisin. For when the father that had no estate but for term of years made a feoffment in fe, this was a disseisin to his son of franktenement that then was in the son. In the same manner it is if the son let unto the father the land to hold at will and after the father maketh a feoffment with warranty. etc. And as it is said of the father so may it be said of every other ancestor. etc.  
¶ In the same manner it is if tenant by elegit, tent by statute merchant or tenant by statute staple make a feoffment in fee with warranty etc. this shall not bar the heir the aught to have the land because that such warranties beginneth by disseisin.  
¶ Also if warden in chivalry or warden in socage make a feoffment in fe or in fe tail for tme of life with warranty. etc. Such warranties be no bars to the heirs to whom the land shall descend because that they begin by disseisin.  
¶ Also if the father and the son purchase certain lands or tenements to have and to hold to them jointly. etc. and after the father alyeneth the whole to another & bindeth him & his heirs to warranty. etc. & after the father dieth, this warranty shall not bar the son of the moiety that belonged to him of the same tenements, because that as to the moiety that be longed to the son the warranty began by disseisin.  
¶ Also if A. of B. be seized of a mese &. F of. G that hath no right enter into the same mese claiming to hold the same mese to him and to his heirs but A. of B. then is continually dwelling in the same mese. in this cause the possession of the franktenement shall be alway adjudged in A. of B. & not in F. of G. because that in such case where two be in one mese, or in other tenements, & the one claimeth by one title & the other by another title the law shall adjudge him in possession that have right to have the possession of the same tenement. But in the case aforesaid if F. of G. make a feoffment to certain bar tours and extortioners in the country for to have maintenance of them of the same mese by a deed of feoffment with warranty by force of which the said A. of. B. dare not devil in the same mese but goeth out of the same mese, this warranty beginneth by disseisin, because that such a feoffment was cause that the said A. of B. left the possession of the same mese.  
¶ Also if a man that hath no right to enter in another's tenements entre into the said tenements and incontinent maketh a feoffment to other parsons by his deed with warranty and deliver to them seisin, this warranty beginneth by disseisin, because that the disseisin and the feoffment were made as it were at one time. And that this is law, ye may see it in a plea. Anno. xxxi. E. ii●. in a writ of Formedon in the reversion.  
¶ Warranty lineal is where a man seized of certain land in fee, maketh feoffment by his deed to another, & bindeth him, and his heirs to warranty, & hath issue & dieth & the warranty descendeth to his issue this is a lineal warranty. And the cause why this is a lineal warranty, is not because that the warranty descendeth from the father to his heir, but the cause is because that if no such deed with warranty had been made by the father, than the right of the tenements should descend to the heir, and the heir should convey the descent from the father. etc. For if there be father and son, and the son purchase tenements in fee, and the father disseaseth the son thereof and alyeneth it to another in fee by his deed and by the same deed bindeth him and his heirs to warrant the same tenements et cetera. And the father dieth now is the son barred to have the said tenements for he may by no suit nor by any other mese have the said tenements because of the said warranty. And that is a collateral warranty and yet the warranty descended lineally from the father to the son. But because that if no such deed with warranty had be made the son in no manner might convey the title that he hath of the tenements from his father to him in so much that his father had no estate nor right in the tenements, therefore such warranty is called collateral warranty. In so much that he that made the warranty is collateral to the title of the tenements, and that is as much to say that he to whom warranty descended, could not convey the title that he had in the tenements by him that made the warranty in this case if no such warranty had be made  
¶ Also if there be grandfather, father and son, and the grand father is diseased in whose possession the father releaseth by his deed with warranty et cetera. And dieth, and after the grand father dieth, now is the son barred of the tenements by the warranty of his father, and this is called lineal warranty, because that if no such warranty had be made, the same might not have conveyed the right of the tenements to him nor show how he is heir to the grand father, but by means of the father. etc.  
¶ Also if a man have issue three sons and is dysseysed and the elder son releaseth to the disseisor by his deed with warranty. etc. and dieth without issue, and after this the father dieth this is a lineal warranty to the younger son, because that though the elder son died in the life of the father, yet by possibility it might be that he might convey to him the title of the land by his elder brother, if no such warranty had be made. For it might be that after the death of the father the elder brother entered into the tenements & died without issue, and then the younger son shall convey to him the title by his elder brother. But in this case if the younger son release with warranty to the dysseysour and dieth without issue, this is a collateral warranty to the eldest son, because that of such land as was to the other, the elder brother by no possibility might convey to him the title by mean of the younger brother.  
¶ Also if tenant in the tail have issue three sons and discontinue the tail in fe, and the middle son releaseth by his deed to the discontinue and bind him and his heirs to warrantise. etc. and after the tenant in the tail die and the middle dieth without issue now is the elder son barred to have any recovery by a writ of form on because that the warranty of the middle brother is collateral to him, in somuch that he may by no manner convey to high by force of the tail any descent by the middle brother, and therefore it is a collateral warranty. But in this case the elder brother die without issue, now the younger brother may well have a form on to the descendre and recover the same land, because that the warranty of the middle brother is lineal to the youngest brother, because it may be that by possibility the middle brother may be seized by force of the tail after the death of his elder brother, and then the youngest brother may convey his title of descent by the middle brother. etc.  
¶ Also if tenant in the tail discontynue the tail and hath issue, and die and the uncle of the issue relese to the discontinue with warranty and die without issue this is a collateral warranty to the issue in the tail, because that the warranty descendeth upon the issue, which cannot convey himself to the tail by mean of his uncle.  
¶ Also if tenant in the tail have issue ii daughters and die, and the elder daughter entereth not into the whole, and thereof maketh a feoffment in fee with warranty, and after the elder daughter dieth without issue, in this case the younger daughter is barred as to the moy●e, and as to the other half she is not barred for as to the moiety that belongeth to the younger daughter she is barred, because that as to the move that belongeth to her she cannot convey the descent by the means of her elder sister. And therefore as to that moiety, that is a collateral warranty, but as to the other moitye which belonged to her elder sister by the same elder sister the warranty is no bar to the younger sister because that she may conceive her descent as to that moiety that belonged to her elder by the same elder sister. And so as to that moiety that belonged to the elder sister the warranty as to that is lineal to the younger sister. etc.  
¶ And note well that as to him that demandeth fe simple by any of his ancestors she shallbe barred by lineal warranty which descendeth upon him, except it be restrained by some statute, but he demandeth fee tail by a writ of Formedon in the descendre shall not be barred by lineal warrantte, except he have enough by descent in fee simple by the same ancestor that made the warranty, but a collateral warranty is bar to him that demandeth fee, and also to him that demandeth fee tail, without any other descent of fee simple except in cases that be restrained by the statute, and other cases for certain causes as shallbe said hereafter.  
¶ Also if land be given to a man, and to his heirs of his body begotten the which taketh a wife, and have issue a son between them, and the husband discontynueth the tail in fee, and dieth, and after the wife releaseth to the discontinue in fee, with warranty and dieth, and the warranty descendeth to the son. This is collateral warranty, but if tenements be given to the husband and the wife and to the heirs of their two bodies begotten which have issue a son, and the husband discontynueth the tail and dieth, and after the wife releaseth with warranty and dieth this warranty is but a lineal warrauntie to the son, for the son shall not be barred in this case to sue his writ of Formedon except he have enough by descent in fee simple by his mother because that their issue in a writ of Formedon aught to convey to him the right as heir to his father & to his mother of their two bodies begotten by fourine of the gift. And so in such case the warranty of the father and the warranty of the mother be but as lineal warranties to the heir. etc. And note well that in every case where a man demandeth tenemen●es in fee tail by a writ of Formedon, if any of the issue in the tail that had possession or that hath no possession make a warranty. etc. if he that sueth the writ of formedon might by any possibility by matter that might be in deed conveyed to him by him that made the warranty by the form of the gift.  
This is a lineal warranty, and not collateral.  
¶ Also if a man have issue three sons, and he giveth land to the eldest son to have and hold to him to the heirs of his body begotten, and for default of such issue the remainder to the middle son to him, and to the heirs of his body begotten, and for default of such issue the remainder to the youngest son, and to his heirs of his body begotten in this case if the eldest son dyscontynue the tail in fee and bind him, and his heirs to warranty to die without issue, this is a collateral warranty to the middle son and he shall be barred to demand the same land by force of the remainder, because that the remainder is his title, & his eldest brother is collateral to the title which beginneth by force of the remainder.  
¶ In the same manner it is if the middle son had the same land by force of the remainder, because that his eldest brother made no dyscontynuaunce but died without issue of his body and after the middle son maketh a dyscontynuaunce with warranty, etc. and dieth without issue, this is a collateral warraunty to the youngest son and also in this case if any of the said sons be deceased, and the father, that made the gift release to the disseisor all his right. etc. with warranty, this is a collateral warranty to that son upon whom the warranty descended causa qua supra. And so note well that where a man that is collateral to the title, etc. releaseth with warranty that is a collateral warranty.  
¶ Also if the father give land to his elder son to have & to hold to him & to the heirs males of his body begotten the remainder to the second son. etc. if the eldest brother alien in fe with warranty. etc. & hath issue female and dieth without issue male this is not a collateral warranty to the second son, nor shall not hurt him of his action by Formedon in the remainder because that the warranty descendeth to the daughter of the eldest son, and not to the second son. For every waranty that descendeth, descendeth to him that is heir unto him which made the warranty by the comen law. etc.  
¶ Also if land be given to a man and to his heirs males of his body begotten, and for default of such issue the remaindre thereof to his heirs females of his body begotten, and after the donee in the tail maketh a feoffment in fee with warenty according, and hath issue a son and a daughter, and dieth, this warenty is but a lineal warenty to the son to demand by writ of Formedon in the discendre. And it is but lineal to the daughter to demand the same land by writ of Formedon in the remainder, if her brother die without heir male, because that she claimeth as heir female of the body of her father begotten. But in this case if her brother in his life release to the discontinue. etc. with waranty. etc. And after die without issue, this is a collateral waranty to the daughter, because that she can not convey to her the right that she hath by force of the remaindre by any mean of descent by her brother, and therefore the brother is collateral to the title of his sister, and therefore his waranty is collateral. etc.  
¶ Also I have heard say that in the time of king Richard the second there was a justice in the comen place dwelling in Kent, called Rikhyll, that had issue divers sons.  
And his intent was, that his eldest son should have certain lands to him and the heirs of his body begotten, and for default of issue, the remainder to his second son and so forth. And so the third son & cetera. And because that he would that none of his sons should alien or make warranty for to bar or to hurt that other that should be in the remainder etc. He caused to be made an indenture to such effect, that is to say that the lands and tenements were given to his eldest son upon this condition, that if the eldest son aliened in fee or in fee tail etc. or any of his sons aliened etc. that then their estate should cease and should be void, and that then the said lands or tenements immediately should remain to the second son and to the heirs of his body begotten, and that upon the same condition. S. that if the second son alien etc. that then his estate should cease, and that than the same lands and tenements should remain to the third son, & to the heirs of his body begotten & so forth, the remaindre to other of his sons and liver of seisin was made according. But it seemeth by reason that all such remayndres in the form beforesaid he void, and of no value, and that for iii causes. One cause is because that every remaindre that beginneth by a deed, it behoveth that the remainder be in him to whom the remainder is tailed by force of the same deed when the livery of seisin is made to him that hath the frank tenement. And such remainder was not at the second son as the time of livery of seisin in the case beforesaid etc.  
¶ The second cause is if the first son alien the tenements in fee, then is the franktenement and the fee simple in the alienee and in none other, and if the donor had any reversion by such alienation, the reversion is dyscontinued, then though that by some reason it may be that such remainder shall begin his being and his growing. Immediately after such alienation made to a stranger that hath by the same alienation, franketenement and fee simple, and also if such remainder should be good, then might he enter upon the alienee where he had no manner of right before the alienation, which should be inconvenient. The third cause is when the condition is such that if the eldest son alien etc. That his estate shall cease, or shall be void. etc. then after such alienation etc. may the donor entre by force of such condition etc. as it seemeth, and so the donor or his heirs in such case aught more sooner to have the land then the second son that had no right before such alienation etc. and so it seemeth that such remayndres in the case before said be void.  
¶ Also at the common law before the statute of Glocestre if tenant by the courtesy had aliened in fee with warranty accordant, after his decease this was a bar to the heir etc. as it appeareth by the words of the same statute. But it is remedied by the same statu. that the waranty of the tenant by the courtesy shall be no bar to the heir, except he have enough by descent by the tenant by the courtesy, for before the said statute that was a collateral warranty to the heir, because he could not convey any title of descent to the tenements by the tenant by the courtesy, but only by his mother or other of his ancestors etc. and that is the cause why it was collateral waranty. But if a man inherit take a wife, which have issue a son between them and the father dieth, and the son entereth in the land, and endoweth his mother, & after his mother alieneth that that she hath in her dower to an other in fee, with waranty according, and after dieth, and the warranty descendeth to the son, now the son shall be barred to demand the same Land because of the said warranty, because that such collateral warranty of tenant in dower is not remedied by any statute. The same law is where tenant for term of life maketh an alienation with warranty. etc. and dieth, and the warranty descendeth to him that had the reversion or the remaindre. etc. they shallbe barred by such warranty. etc.  
¶ Also in the said case if it so were that when the tenant in dower alyeneth. etc. the heir was within age, and also at that time that the warranty descendeth upon him he was within age, in this case the heir may after enter upon the alienee notwithstanding the warranty descended. etc. because that no latches shall be adjudged in the heir within age, that he entered not upon the alience in the life of the tenant in dower, but if the heir was within age at the time of the alienation, and after he came to full age in the life of the tenant in dower, and so being of full age he entered not in the life of tenant in dower, and after the tenant in dower dieth there peradventure the heir shallbe barred by such warranty, because it shall be accounted his folly that he being of full age, entered not in the life of tenant in dower. etc.  
¶ Also it is spoken in the end of the said statute of Gloucester that speaketh of the alienation with warranty made by the tenant by the courtesy in such form.  
¶ Also in the same manner the heir of the woman after the death of her father and mother shall not be barred of Action if he demand the heritage or the marriage of his mother by a writ of entry that his father aliened in the time of his mother, whereof no fine is levied in the kings court. etc. And so by force of the same statute if the husband of the wife alien the heritage or marriage of his wife in fe with warranty. etc. by his deed in the country, this is clear law that this warranty shall not bar the heir except he have enough by discente etc. But the doubt is if that the husband alien the heritage of his wife by fine levied in the kings court with warranty et cetera, if this shall bar the heir without any descent in value etc. And as so that I will say here certain reasons that I have heard say in this matter I heard my master sir Richard Newton late chief justice of the common place said once in the same place, that such warranty that the baron maketh by fine levied in the kings court shall bar the heir though that he have nothing by descent, because the statute sayeth whereof no fine is levied in the kings court etc. And so by his opinion this warranty by sign et cetera abideth yet a collateral warranty as it was at the common law not remedied by the said statute because that the said statute excepteth the alienations by fine with warranty. And some other have said and yet say the contrary and this is their proof, that as by the same Chapter of the laid statute it is ordained that the warranty of the tenant by the courtesy shall not bar the heir except he have by enough discente etc. though that the tenant by the courtesy levi a fine of the same lands with warranty & cetera, as strongly as he can, yet this warranty shall not bar the heir except he have assetꝭ or enough by descent etc. And I believe that this is law and therefore they say that it should be inconvenient to understand the statute in such form that a man that hath not but in the right of his wife may by fine levied by himself of the tenements that he hath but in the right of his wife with warranty etc. shall bar the heir of the said tenements without descent of the fee simple etc. where tenant by the courtesy can not do it. But they have said, that the statute shallbe understand after the form, that is to say where the statute speaketh, whereof no fine is levied in the kings court this is to say where no lawful fine is rightfully levied in the same kings court & that is whereof no fine of the husband and his wife is levied in the kings court, for at the time of the making of the said statute every state of lands or tenements that any man or woman had that should descend to his heir was fee simple without condition or upon condition in deed or in law. And because that such fine then might lawfully have been levied by the husband and his wife, and that the husband and the wife, and the heirs of the husbands warranty etc. such warranty should bar the heir etc.  
¶ And so they say that this is the understanding of the said statute, for if the husband's and the wife made a feoffment in fee by deed in the country the heir after the decease of the husband and the wife shall have a writ of entry Sur cui in vita & cetera, notwithstanding the warranty of the husband. Then if no such exception was made in the statute of the fine levied. etc. then the heir should have the writ of entry. etc. notwithstanding the fine levied by the husband and the wife because that the words of the statute before the exception of the fine levied. etc. be generally. etc. that is to say, that the heir of the woman after the death of the husband and the wife shall not be barred of action if he demand the heritage or the marriage of his mother by a writ of entry that his father aliened in the time of his mother. And so it should be in the case of the statute except such words were, that is to say, whereof no fine is levied in the kings court. And so they say that this to understand, whereof no fine by the husband and the wife is levied in the Kings court the which is lawfully levied in such case. For if the justices have knowledge that a man that hath nothing but in the right of his wife, will levy a fine in his name only they will not nor aught not to take such fine to be levied by the husband only without naming the wife, therefore inquire of this matter.  
¶ Also it is to wit that in such words where the heir demandeth the heritage or marriage of his mother, this word is a disiunctyve, and is as much to say, if the heir demand the heritage of his mother, that is to be understand the tenements that his mother had in fee simple by descent or by purchase, or if the heir demand the marriage of his mother, that is to say, the tenements that were given unto his mother in frank marriage.  
¶ Also where it is moved in divers deeds these words in latin. Ego et heredes met. etc. warrantizabimus et imperpetuum defendemus, it is to see what effect hath that word defendemus in such deeds. And it seemeth that it hath not the effect of warrantise nor comprehendeth any cause of warrantise, for if it should be so that it taketh effect or cause of warrantise, than it should be put in some fines levied in the kings court. And a man never saw that these words defendemus was in any fine but all only this word warrantizabimus by which it seemeth that this verb warrant●so maketh warranty, and is the cause of warantyse, and none other word in our law.  
¶ Also if tenant in the tail be seized of tenements devisable by testament after the custom. etc. And the tenant in the tail alieneth the tenements to his brother in fee, and hath issue & dieth, and after his brother divideth by his testament the same tenements to an other in fee, and bindeth him & his heirs to warrantise. etc. And dieth without issue, it seemeth that this warranty shall not bar the issue in the tail if he will sue his writ of Formedon, because that his warranty descended not to the issue in the Tail, in so much as the uncle of the issue was not bound by force of the same warranty in his life. And thereof that he could not warrant the land in his life, is in so much that the devise could not take any execution or effect but after his decease, and in so much that the uncle in his life was not hold to warrant, such warrantise ne may not descend from him to the issue in the tail & cetera, for nothing may descend from the ancestor to his heir but the same that was in the ancestor. Also a warranty may not go without the nature of tenements by custom, but only after form of the common law. For if tenant in tail be seized in tenements in borough English, where the custom is that all tenements of the same borough aught to descend to the youngest son, and he discontinueth the tail with warrantise etc. and hath issue two sons and dieth seized of other lands and tenements in the same borough in Fee simple to the value and more of the tenements tailed and so forth, yet the youngest son shall have a formedon of the tenements tailed, and shall not be barred by the warrantise of his father though enough to him descended in fee simple fro the same father after the custom, for this that the warranty descendeth upon the elder brother that is in full life etc. and not upon the younger son. In the same manner it is of collateral warrantise made of such tenements where the warrantise descendeth to the elder son etc. this shall not bar the younger son etc. In the same manner it is of tenements in the shire of Kente, which be called gavelkind, the which tenements be departable among the brethren etc. after the custom & cetera, if any such warranty be made by their ancestors such warrantise descendeth all only to the heir that is heir by the common law, and not to all the heirs which are heirs of such tenements after the custom etc.  
¶ Also if a tenant in tail have issue two daughters by divers ventres, and dieth, and the daughters entre and a stranger disceaseth them of the same tenements, and one of the daughters releseth by her deed to the disseisor all her right and bindeth her and her heirs to warrantise, & dieth without issue in this case the first the surviveth may well enter & put out the disseisor of all the tenements, for this that such warrantise is no discontinuance nor collateral warrantise to the sister that surviveth, for this that they be of half blood, & the one may not be heir to the other after the common law. But otherwise it is where there be daughters of tenantis in the tail by one utter.  
¶ Also if tenant in the tail let tenements to another for term of life the remaindre to an other in fee & the collateral ancestor confirmeth the estate of the tenant for term of life and bindeth him and his heirs to warrantise for term of life of the tenan●e for term of life and dieth, and the tenant in the tail hath issue, and dieth, now this issue is barred to ask the tenements by writ of formedone during the life of the tenant for term of life, because of the collateral descent upon the issue in the tail. But after the decease of the tenant for term of life, the issue shall have a formedon. etc. And upon this I have heard a reason that this case shall prove by another case, that is to say, if a man let his land to another, to have and to hold unto him, and to his heirs for term of another's life, and the lessor dieth, leaving him to whose life. etc. And a stranger entereth in the land that the heir of the lessee may put him out, for this that in the case next afore said, in so much that a man may bind him and his heirs to warrant to the tenant for term of life, all only during the life of the tenant for term of life, and the warrantise descendeth to the heir of him that made the warrantise, the which warrantise is no warrantise of inheritance but all only for term of an others life, by the same reason where tenements be let to a man to have and to hold to him and to his heirs for term of another's life, if the father die living he to whose life his heir shall have the tenements leaving him to whose life. etc. For they have said that if a man grant an annuity to an other to have and to take to him and to his heirs for term of an others life if the grant dye. etc. That after his heir shall have the annuity during the life of him to whose life. etc. Quere de ista materia.  
¶ But where such lease or grant is made to a man or his heirs for term of years, in this case the heir of the less, and the grant shall never have after the death of the lessee or the grantee that, that is so let or granted, for this that it is Chatell real, and all chattels reals by the common law shall come to the executors of the grant or of the lessee and not to the heir. etc.  
¶ Also in some cases it may be that howbeit that a collateral warrantise be made in fee. etc. yet such warrantise may be defeated and anyented. As the tenant in the tail discontinue the tail in fee, and the discontinue is disseised, and the brother of the tenant in the tail releaseth by his deed to the disseysoure all his right. etc. with warrantise in fee, and dieth without issue, and the tenant in the tail hath issue, and dieth, now the issue is barred of his action by force of the collateral warrantise descending upon him, but if after this the discontinue enter upon the disseisor, than may the heirs in the tail have his action of formedon. etc. for this that the warranty is anyentyd and defeated. For when the warrantise is made unto a man upon any estate that then he had, if the estate be defeted the warranty is defeted.  
¶ In the same manner it is if the discontinuce make a feoffment in fee reserving to him certain rent, and for default of payment & re-enter etc. & a collateral ancestor releaseth to the feoffee that hath estate upon condition etc. & dieth without issue though that the warrantise descend upon the issue in the tail, yet if after the rent be behind & the discontinues entereth into the land etc. then the issue in the tail shall have his recovery by a writ of formedon for this that, that warranty collateral is defiled. And so if any such collateral warrantise be pleaded against the issue in the tail in his action of formedon he may show the matter as it is aforesaid, how the warranty is defeted, and so he may well maintain his action.  
¶ Also if tenant in the tail make a feoffment to his uncle & after his uncle maketh a feoffment in fee with warrantise etc. to another, & after the feoffee of the uncle enfeffeth again the uncle in fee. & after the uncle enfeoffeth a stranger in fee without warrantise, and dieth without issue, and the tenant in the tail will bring his writ of formedone against the stranger that was in the feoffment & cetera, by the uncle, in this case the issue shall never be barred by the warranty that was made by the uncle to the said first feoffee of his uncle, for this that the said warrantise was defeated and anyented for this that the uncle took again to him as great estate of his said first feoff to whom the warranty was made as the same feoff had of him. And the cause why the warranty is anyented, in this case is this that is to say, that if the warrantise were in his force, than the uncle shall warrant unto himself that may not be, but if the feoffee made estate to the uncle for term of life or in fee tail, saving the reversion unto him et cetera. Or that he make a gift in the tail to the uncle, or a lease for term of life, the remainder over & cetera. In this that warrantise is not all utterly aniented, but it is put in suspense during the estate that the uncle had, for after this that the uncle is dead without issue, than he in the reversion or he in the remainder shall bar the issue in the tail of his writ of formedon by the collateral warrantise in such case, etc. But other wise it is, where the uncle had as great estate in the land by the feoff to whom the warrantise was made as he feoffee had of him etc.  
¶ Also if the uncle after such feoffment made with warrantise or a release made by him with warrantise be attaint of felony or outlawed of felony, such collateral warranty shall not bar nor grieve the issue in the tail for this that by the attayndre of felony the blood is corrupt between them etc.  
¶ Also if tenant in the tail be disceised, & after maketh a release to the disseisor with warrantise in fee and after the tenant in the tail is attaint, outlawed of felony and hath issue, and dieth, in this case the issue in the tail may enter upon the disseisor.  
¶ And the cause is for this that no thing maketh discontinuance in this case but the warranty, and the warranty may not dyscend to the issue in the tail for this that the blood is corrupt between him that made the warranty, and the issue in the tail. For the warrantise always abideth at the common law, & the common law is such that when a man is outlawed or attaint of felony, which outlary is an attayndre in the law that the blood between him and his son and all other which should be said his heirs is corrupt, so that nothing by descent may descend to any that may be his heir by the common law. And the wife of such a man that is so attaint shall never be endowed in the tenements of her husband so attaint.  
¶ And the cause is because men should more eschew to do felony etc. But the issue in the tail, as to the tenements tailed is not in such case barred because he is inheryted by force of the statute and not by the course of the common law. And therefore such attayndre of his father or of his ancestor in the tail etc. shall not put him out of his right, that he should have by force of the tail etc.  
¶ Also if tenant in the tail enfeoffeth his uncle which enfeoffeth another with warranty etc. if after the feoff by his deed release to the uncle all manner of warranty, or all manner of covenants reals, or all manner of demands by such release the warranty is extinct. And if the warranty in such case be pleaded against the heavy in the tail that bringeth his writ of formedon to bar the heir of his action if the heir have and plead the said release. etc. he shall defeat the plea in bar etc. And many other cases and matters be there, whereby a man may defeat warranties.  
¶ And it is to wit that in the same manner as collateral warranty may be defeted by matter in deed or in law, in the same manner may lineal warranty be defeted. etc. For if the heir in the tail bring a writ of formedom, & a lineal warranty of his ancestor inheritable by force of the tail be pleaded against him with that that assets to him descended of fe simple by the same ancestor that made the warranty if the heir that is demandant may adnul and defeat the warranty, this sufficeth to him for the descent of other tenements of fee simple maketh nothing to bar the heir without the warranty. etc.    
FINIS.  


❧ Here beginneth the Table of this present book.  
NOw have I made for the my son three books.  
The first is of estate that men have of lands or tenements, that is to say. 

Of tenant in fee simple.  
Tenant in fee tail.  
Tenant in the tail after possibility of issue extinct.  
Tenant by the courtesy of England.  
Tenant in dower.  
Tenant for term of life.  
Tenant for term of years.  
Tenant at will by the common law.  
Tenant at will by the custom of the manner.     

¶ The second book.  
¶ The second book is of Homage.  

Fealty.  
Escuage.  
knights service.  
Socage.  
Frank almoigne or free alms,  
Homage ancestral.  
Grand sergeaunty.  
Petty sergeaunty.  
Tenure in burgage.  
Teenure in villeinage.   
¶ Of three manner of rents that is to say. 

●ent service.  
Rend charge,  
●nd rent seek.    
¶ And these two small books have I made for he for to understand better certain chapters of the ancient books oftenures.   

¶ The third book.  
¶ The third book is of parceners.  

Of jointenants.  
tenants in common.  
Estates of lands or tenements upon conduit.  
Discentes that take away entries.  
Continual claim.  
Relesses'.  
Confirmations.  
Attournementes.   
¶ Remitters of guarantees, that is to say, 

guarantee lineal.  
guarantee collateral.  
And guarantee that beginneth by disseisin.     

¶ And know thou my son that I will not that thou believe that all that that I have said in the said books be law, for that will I not take upon me nor presume. But of those things that be not law inquire and learn of my wise masters learned in the law. notwithstanding though that certain things that be noted and specified in the said books be not law yet such things shall 〈◊〉 the more apt and able to understand 〈◊〉 learn the arguments and the reaso●… 〈◊〉 law. For by the arguments, and 〈◊〉 reasons in the law a man 〈◊〉 more s●…ner come to the certain and to the knowledge of the law. Lex plus laudatur quando ratione probatur. (.?.)    

¶ Imprinted at London in Fleetstreet within Temple bar, at the sign of the hand and Star, by Richard Tottle, the xvi day of April the year of our lord. M.D.LVI.   

¶ Cum privilegio ad imprimendum solum.